Bensley Road (Lot 101) Voluntary Planning Agreement

 

Date the agreement was entered into: 15 April 2025

Names of the parties: Campbelltown City Council, Ankira Projects Croatia Avenue Pty Ltd

Description of the development: Lot 101 Bensley Road, Ingleburn Planning Agreement

The land to which it applies: Lot 101 in DP 1259735, soon to be known as 308 Bensley Road, Ingleburn 2565

On 1 December 2022, approval was issued by the NSW Land and Environment Court for Development Application No: 2130/2020/DA-SW, for a 12 lot residential subdivision, temporary stormwater management facility, vegetation removal, road drainage, services and retaining wall works at Lot 101 Bensley Road, Ingleburn.

Ankira Projects Croatia Avenue Pty Ltd, as landowner of Lot 101 Bensley Road, made an offer under S7.4 of the Environmental Planning and Assessment Act 1979 (EP&A Act)to enter into a VPA with Council as part of a court appeal related to development application, DA 2130/2020/DA-SW. In its consideration and assessment of the “offer”, the NSW Land and Environment Court required a planning agreement to be prepared as a condition of the development consent as follows:

“A Planning Agreement pursuant to Section 7.4 of the Environmental Planning and Assessment Act 1979 must be prepared by the applicant, ANKIRA Projects Croatia Avenue Pty Ltd, in accordance with the Letter of Offer made by the applicant in relation to this development application, DA 2130/2020/DA-SW and dated 29 September 2022, and in the form approved and agreed to by Council, and be submitted to Council for public exhibition. The Planning Agreement must articulate a commitment by the developer to complete all Development and Infrastructure Works, Dedications of Land and the provision of all necessary monetary contributions, bonds, etc required in relation to development of the land subject to the Development Application. The Planning Agreement must be executed to the satisfaction of Council prior to issue of the subdivision works certificate, and all Development and Infrastructure Works, Dedications of Land and Monetary Contributions, bonds, etc listed within the executed agreement are to be finalised, or otherwise guaranteed, to the satisfaction of the consent authority Council. The Planning Agreement, once entered into, must be registered on the land comprising the Site in accordance with the terms of the Planning Agreement prior to issue of the subdivision works certificate.”

The objective of the VPA is to make payment of development contributions towards local infrastructure required in order to facilitate the development.

The Planning Agreement will result in the delivery of $526,995 of various infrastructure, including:

  • Monetary Contribution – Design and construction of Trunk Stormwater pipe system - $31,444
  • Monetary Contribution – Removal of temporary OSD and WSUD basin in proposed Lot 312 and associated adjustments - $147,555
  • Monetary Contribution – Street tree planting and a 5 year maintenance bond - $6,102
  • Monetary Contribution – Financial security by way of bond or bank guarantee for the construction, operation, maintenance, decommissioning and removal of the temporary OSD basin in Lot 312 – $40,000
  • Monetary Contribution – Developer’s share in the costs of the Ultimate Infrastructure - $301,894

It is important to note that the VPA does not preclude the application of section 7.11 development contributions applying to the development. The contributions listed in Schedule 3 of the VPA attached to this report are in addition to monetary contributions that are required to be paid under Campbelltown Local Infrastructure Contributions Plan 2018 (Amendment 1) (CLICP). The total value of contributions to be paid under the CLICP is $220,000

 

Current VPA documents:

Bensley Road (Lot 101) Voluntary Planning Agreement(PDF, 1MB)

 Bensley Road (Lot 101) Explanatory Note(PDF, 168KB)

 

 

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