1 EMPORIUM AVENUE KEMPS CREEK 2178
1 EMPORIUM AVENUE KEMPS CREEK 2178 GOODMAN PROPERTY SERVICES (AUST) PTY LIMITED Planning Agreement
Penrith
The parties to the Deed of Variation are the Minister for Planning and Public Spaces (ABN 20 770 707 468) (the Minister), Goodman Property Services (Aust) Pty Ltd (ACN 088 981 793) (the Developer) and BGMG 11 Pty Limited (ABN 73 616 276 076) as trustee for the BGMG 1 Oakdale West Trust (ABN 79 264 172 511) (the Landowner).
The Planning Agreement as varied by the Deed of Variation applies to the same land to which the Planning Agreement applies, being Lot 11 DP 1178389 and Lot 1 DP 663937 as shown in the plan at Annexure A to the Planning Agreement (Subject Land).
The development to which the Planning Agreement applies is as described in that agreement as development of the Subject Land for the purposes of a warehouse and logistics estate known as the ‘Oakdale West Estate’, including as contemplated by SSD7348 and any future Development Applications (the Development).
The Planning Agreement requires the Developer to make Development Contributions in connection with the Proposed Development for the purposes of the provision of regional transport infrastructure and services referred to in clause 29 of the State Environmental Planning Policy (Western Sydney Employment Area) 2009 (WSEA SEPP).
No amendments are being made to the Subject Land, the Proposed Development or the Development Contributions payable in accordance with the Planning Agreement. The Development Contributions have been provided under the Planning Agreement.
The proposed Deed of Variation makes amendments to:
• allow the Developer (and certain other persons) to use its ‘Excess Contributions Credit’ determined under clause 4.3 of Schedule 4 of the Planning Agreement to discharge an obligation to make a housing and productivity contribution (other than a strategic biodiversity component or a transport project component) for development on land within Western Sydney Employment Area, being the land to which Chapter 2 of the State Environmental Planning Policy (Industry and Employment) 2021 applies; and
• clarify the amount of the Excess Contributions Credit as at 1 July 2025 and the manner in which it is to be indexed on an annual basis.
The Deed of Variation recognises the change to the framework for State infrastructure contributions with the introduction of the housing and productivity contributions scheme on 1 October 2023.