Development Agreements

​​Council may elect to enter into a development agreement (often referred to as a private development agreement) with a developer in accordance with Section 207A of the Local Government Act 2002. 

A development agreement is a voluntary contractual agreement entered between one or more developers and the Council.  Examples of situations that that may trigger a developer agreement are providing, supplying, or exchanging infrastructure and/or land, or paying money to provide network infrastructure, works or reserve land.

A development agreement provides developers with certainty and flexibility to proceed with a development that may not align with the Council's infrastructure provision timeframe.​

When is a development agreement required?​

The Council sets out how it intends to provide core infrastructure for growth in its Long-Term Plan (10 years) and Infrastructure Strategy (30 years).  A developer may request to enter into a development agreement when their proposed development requires strategic infrastructure within a timeframe that is not aligned with the Council's infrastructure plans or if the infrastructure the proposed development needs is of a larger scale than that contemplated in the Council's Long -Term Plan.

Under the Council's Growth Funding Policy, the developer may request to enter into an agreement with Council to advance and/or increase the scale of core infrastructure within the Long-Term Plan.  The ​nature and scale of an agreement will depend on the size and complexity of the proposed development and negotiation of the infrastructure, land, conditions or money involved.

Are development contributions still payable?

Most development agreements do not exempt the developer from paying charges under the Council's Development Contributions Policy. In some instances, where the scale of the infrastructure provided by the developer offsets the Council's anticipated expenditure as recorded in the Long-Term Plan on growth infrastructure, a reduction in the development contribution charge may be agreed. This can be documented as part of a development agreement.

Cost of entering a development agreement​

Any reasonable cost incurred by the Council in the production of a development agreement will be borne by the developer. Costs will range and may include engineering advice, legal advice and drafting fees.

Process of entering a development agreement

The Council expects developers to engage early when considering a development agreement. This should occur in the early stages of the consent application process but prior to lodgement.

Page reviewed: 13 Nov 2018 11:25am