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Environmental Planning and Assessment Regulation 2021
205Explanatory notes for planning agreements
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#### 205 Explanatory notes for planning agreements
205 Explanatory notes for planning agreements
> > (1) A planning authority proposing to enter into, amend or revoke a planning agreement must prepare a written statement (an explanatory note) that—
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> > > (a) summarises the objectives, nature and effect of the proposed agreement, amendment or revocation, and
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> > > (b) contains an assessment of the merits of the proposed agreement, amendment or revocation, including the positive and negative impacts on the public or a relevant section of the public.
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> > (2) In preparing the explanatory note, the planning authority must consider any relevant practice notes issued by the Planning Secretary under section 203(6).
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> > (3) A copy of the explanatory note must be exhibited with the copy of the proposed agreement, amendment or revocation when it is made publicly available in accordance with the Act.
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> > (4) If a council is not a party to a planning agreement that applies to the area of the council, a copy of the explanatory note must be given to the council when a copy of the agreement is given to the council under the Act, section 7.5(4).
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> > (5) A planning agreement may provide that the explanatory note must not be used to assist in construing the agreement.