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—
(a) summarises the objectives, nature and effect of the proposed agreement, amendment or revocation, and
(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.
(2) In preparing the explanatory note, the planning authority must consider any relevant practice notes issued by the Planning Secretary under section 203(6).
(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.
(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).
(5) A planning agreement may provide that the explanatory note must not be used to assist in construing the agreement.