Voluntary Planning Agreement - please help

I'm hoping there is someone there that can help me. I'm putting in for a DA and the council want me to upgrade a road (in terrible condition) that I shouldn't have to. Even my traffic report says I shouldn't - it should be the responsibility of my neighbours lot as I have several other entry points.

In my response to council, how do I purpose a Voluntary Planning Agreement based on lots (existing on street and for when neighbour develops his lot) - without actually drafting an agreement?

Could someone help me with this response? I've got something drafted I can send.

appreciate any help out there.

 

Why is a voluntary planning agreement a solution to your problem even?

 

An agreement to pay 'some' not the complete costs.... what else would you suggest? roll over and say ok.

 

Then communicate like a normal person and just say what you want or are thinking?

I don't go into a store with my drafted "Agreement to Acquire Items in exchange for Legal Tender" - I ask them "how much is that?" instead.

What am I missing here?

 

You are missing a lot. I'm looking for someone with some experience with these arrangements - clearly not you - so not sure why you are wasting your time in responding to something you have zero knowledge in. It's a formal response to a government agency on a development application. You don't put in for a $30m development and rock up to council saying, hey mate, what do you think on this point? It's a response to their written, 'request for information'

 

Little harsh comment.

Talk to your town planner. We did a project in NSW and we were able to negotiate a few council's demands. Out town planner produced a justification report (8 -9 pages long).

 

Thank you for your comment - that is helpful..... I didn't mean to come across harsh, but found the advice 'communicate like a normal person' unnecsssary ....

 

The VBA is not drafted by the party in response to the DA condition AFAIK, it is a negotiation.

It is not unusual for the first party to lodge a DA get hit with upgrade a road, install traffic lights, extend sewer/stormwater amplification works etc and there is no recourse to get a single zac from adjoining neighbours/developers.

Your architect, town planner and solicitor should be advising not fishing for the answer on a forum.


https://www.planning.nsw.gov.au/-/m...practice-note-planning-agreements-2021-02.pdf


If you check City of Sydney council website and dig deep enough on a few DA's around Waterloo or Green Square you will find several.

 

A lawyer that is also a developer has zero knowledge?

 

Thanks for that - my town planner did advise we go down this road.
This has come back on the third request for information from the council- I was hoping there was a way, they'd grant a DA (once I resubmit on the few remaining items) and put this down as a 'condition to consent' to the DA. There would be no point in drafting up a proposal as council may have no interest.
In my resubmission, I need to ask if this can be negotiated as a condition to consent, so it was on the process that I was seeking any advise.