203Making of planning agreements

203 Making of planning agreements

203 Making of planning agreements

(1) A planning agreement must be—

(a) written, and

(b) signed by the parties to the agreement, and

(c) submitted on the NSW planning portal.

(2) The fee for submitting a planning agreement on the NSW planning portal is specified in Schedule 4.

(3) A planning agreement is not entered into until it is signed by all the parties to the agreement.

(4) A planning agreement may specify that it does not take effect until—

(a) if the agreement relates to a proposed change to an environmental planning instrument—the day on which the change is made, or

(b) if the agreement relates to a development application or proposed development application—the day on which the development consent is granted.

(5) A planning agreement may be amended or revoked by further agreement signed by the parties to the agreement, including by a subsequent planning agreement.

(6) The Planning Secretary may from time to time issue practice notes to assist parties to prepare planning agreements.

(7) A council that is negotiating or entering into a planning agreement must consider any relevant practice notes.