This idea of giving public benefits to developers implies that the developer brings some of the development gain to a public benefit, it`s not just about limiting development costs. However, VPAs should not be registered outside the planning system to ensure contributions that are completely disconnected from development or that make development unacceptable. The public interest serves as fair and enforceable planning controls for the common good and fairness among proponents. Given the public nature and purpose of the FPA, the parties do not have the same freedom to negotiate as in a trade agreement. In the VPA, there is always “public interest” and “probability” to consider. Planning authorities, and in particular councils, should issue guidelines and procedures for the implementation of voluntary planning agreements, and the establishment of a VPA (or possible revocation or modification) may be recorded in the field. Section 93 (H) of the EP-A Act stipulates that a planning contract thus registered under the Act is mandatory for each owner from time to time in the land, as if he had entered into the planning contract himself. Taking into account the SVPA, information has been made public, but has yet to be finalized by the Minister of Planning and Public Spaces (as the responsible authority on urbanization) and by the developer. The “development contribution,” i.e. the provision by a developer as part of a voluntary planning agreement, may involve a monetary contribution, free dedication of land or the provision of a material “public benefit”. The term “planning obligation” in turn means an obligation imposed on a developer that requires it to make a contribution to development.
A Voluntary Planning Agreement (VPA) is an agreement reached by a planning authority and a developer. As part of an agreement, a developer agrees to provide or finance: they are concluded if a developer has asked to modify an environmental planning tool or has applied for development (or is proposing to do so). The VPA is concluded between the proponent and a planning authority (or two or more planning authorities) and implies that the developer makes a contribution to the development to provide a public benefit in the development. Although the governance project applies only to boards, the draft practice notice contains guidelines for “planning authorities” in general, including the Minister of Planning and other agencies such as Transport for NSW. We therefore expect that the draft practice notice, if adopted, will be followed in the future by the Department of Planning, Industry and the Environment when negotiating the VPA on behalf of the Minister. Voluntary planning agreements (VPAs) are generally seen as useful instruments that allow flexibility in the provision of public services and the provision of contributions to a number of public objectives that can go beyond traditional local contribution plans.