About the planning agreement

At the 28 September 2022 meeting, Councillors adopted an amended planning agreement for the Kolodong Estate, after a period of public exhibition.

The revised agreement allows the main landowner to construct a roundabout at the intersection of Kolodong and Wingham roads.

The agreement sees the developer contribute 55% of the costs and allows for either party to construct the roundabout. The roundabout needs to be constructed before the release of the 27th residential lot in the development.

Six submissions were received during the exhibition period, four against, one for and one for information. The submissions were assessed but did not result in any changes to the exhibited agreement.

The original planning agreement for transport infrastructure was entered into in 2019.

The owners and developers of the land sought to revise this existing Planning Agreement in 2022. The draft amended Planning Agreement. Was placed on public exhibition during July and August to allow the community to make comment on the proposal.

Accompanying the draft amended Planning Agreement was an explanatory note. This provides a plain English summary of the amendment to the existing planning agreement, known as a Deed of Variation.

In summary, the Deed of Variation amends the Planning Agreement to:

• provide an obligation on the Developer to construct the Intersection Works if the Council notifies the Developer that it will not complete the Intersection Works; and for the Developer to be proportionally reimbursed for costs associated with the construction of the intersection works from the Council.
• make consequential changes resulting from this new obligation as well as include concept plans and the bill of quantities relating to the Intersection Work to the schedules of the Planning Agreement.

The draft amended Planning Agreement carried forward the intent of the original Planning Agreement of splitting costs between the two parties, but accounted for the scenario whereby the developer constructs the roundabout, which was seen as more likely than Council constructing it in the near future.

Location: Lot 101 DP 1266464 (443 Kolodong Road) and Lot 61 DP 1252146 (327 Kolodong Road), Taree NSW 2430.