---
title: "Planning agreement (voluntary planning agreement): review checklist and letter of offer (NSW, EP&A Act ss 7.4 to 7.7)"
url: "https://ailawframework.com/precedents/planning-and-environment/planning-agreement-review-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a12-planning-agreement-review-checklist"
area_id: "A12"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A12-T1-R10"]
law_stated_as_at: "2026-10-18"
---

# Planning agreement (voluntary planning agreement): review checklist and letter of offer (NSW, EP&A Act ss 7.4 to 7.7)

> Checklist for preparing or reviewing a NSW planning agreement against the matters s 7.4(3) requires, the s 7.11 and 7.12 exclusion rules, exhibition and explanatory note steps, registration on title, and the limits on…

Canonical page: https://ailawframework.com/precedents/planning-and-environment/planning-agreement-review-checklist  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Checklist for preparing or reviewing a NSW planning agreement against the matters s 7.4(3) requires, the s 7.11 and 7.12 exclusion rules, exhibition and explanatory note steps, registration on title, and the limits on what a council may require, with a short developer letter of offer.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Planning & Environment](https://ailawframework.com/precedents/planning-and-environment.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for New South Wales.

## When to use it

Use when a developer offers, or a council or the Minister proposes, a planning agreement linked to a development application or a planning proposal, whether you act for the developer, the planning authority or a landowner or financier who must consent to registration.

## Used for these tasks

- [Draft or review a planning agreement or development-contribution deed](https://ailawframework.com/practice/planning-and-environment/draft-or-review-a-planning-agreement-or-development-contribution-deed.md)

## How AI may be used

AI may check a draft agreement against the checklist and list missing or inconsistent terms, and prepare the schedule of contributions from the agreed term sheet; the lawyer negotiates and settles the obligations, security and exclusions.

**AI may:**

- Check a draft agreement against each s 7.4(3) item and list anything missing or unclear
- Build the schedule of contributions, works and dedications with their timing triggers from the agreed term sheet
- Compare the agreement with the development consent conditions and the contributions plan and list overlaps or inconsistencies

**AI must not:**

- Must not decide whether to exclude or credit s 7.11 or 7.12 contributions; that is a negotiated and advised position
- Must not settle the security, dispute or default terms without the lawyer
- Must not prepare the explanatory note’s merits assessment for a planning authority; that is the authority’s own assessment

**The lawyer checks:**

- Every matter in s 7.4(3) is dealt with expressly, including whether ss 7.11, 7.12 and Div 7.1 Subdiv 4 are excluded and, if s 7.11 is not excluded, whether benefits are taken into account
- Any exclusion of s 7.11 or 7.12 has the party or approval s 7.4(3A) requires
- The agreement and explanatory note were exhibited for at least 28 days with the development application or planning proposal, as the Regulation requires
- Registration consents from mortgagees and other registered interest holders are obtained, and the timing of registration is tied to a clear trigger

## Authorities

- [Environmental Planning and Assessment Act 1979 (NSW) s 7.4 (planning agreements: public purpose; required contents; exclusion of ss 7.11 and 7.12; no obligation on the authority to grant consent; voidness)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1979-203)
- [Environmental Planning and Assessment Act 1979 (NSW) s 7.5 (public notice and inspection for at least 28 days; copies to the Minister and council)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1979-203)
- [Environmental Planning and Assessment Act 1979 (NSW) ss 7.6 and 7.7 (registration to run with land with the consent of registered interest holders; consent cannot be refused for want of an agreement; condition only in the terms of the developer’s offer)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1979-203)
- [Environmental Planning and Assessment Regulation 2021 (NSW) ss 204 and 205 (public notice with the development application or planning proposal; explanatory note)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2021-0759)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/planning-and-environment/planning-agreement-review-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*