Wilton New Town South East Walker Corp Planning Agreement

The objective of the Planning Agreement is to facilitate the delivery of contributions by the Developer towards the provision of infrastructure, facilities and services which will be required in connection with the urban development of the Subject Land.

A draft deed of variation to the Planning Agreement was previously notified, between 15/11/2021 - 13/12/2021 (2021 Variation Deed). This Draft Variation Deed incorporates amendments in that previously notified draft deed of variation, but also makes additional amendments.

Under the Planning Agreement, the Developer is required (amongst other things) to carry out roadworks at the intersection of Picton Road and Pembroke Parade (Intersection Upgrade).

New amendments to the Planning Agreement
Since the Planning Agreement was entered into in 2018, there have been significant legislative and other changes:
• Biodiversity certification has been conferred on land within Greater Sydney, including land in Wilton, in connection with the Cumberland Plain Conservation Plan, by order under the Biodiversity Conservation Act 2016 published in the Government Gazette on 17 August 2022. Land to which the Planning Agreement applies has the benefit of biodiversity certification.
• The Environmental Planning and Assessment Act 1979 has been amended by the Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 so as to replace the special infrastructure contributions framework with a new scheme for housing and productivity contributions for funding regional infrastructure.

In light of the changes, the Developer has offered to contribute to the costs of the approved conservation measures required to be implemented under the order conferring biodiversity certification by making an additional monetary contribution, calculated on the basis of $5,000 per Final Lot (as at 1 July 2022), where a Final Lot is wholly or partly biodiversity certified land. The additional monetary contribution will be payable before the issue of each subdivision certificate for a plan of subdivision that creates Final Lots.

Further, the parties have agreed that the provisions in the Planning Agreement relating to the relationship between the contributions under the agreement and special infrastructure contributions (if the Minister determined a special infrastructure contribution for Wilton) should be removed. These provisions are now redundant, given the repeal of the special infrastructure contributions framework. The parties have agreed to exclude the application of the new housing and productivity contributions scheme, but, as a consequence, the Draft Variation Deed limits the development to which the Planning Agreement applies and makes other consequential amendments.