2 - 10 Old Wallgrove Road, Horsley Park Goodman Property Services (Aust) Pty Ltd Planning Agreement

Parties to the Planning Agreement
The parties to the Deed of Variation are the Minister for Planning and Public Spaces (ABN 20 770 707 468) (the Minister), and Goodman Property Services (Aust) Pty Ltd (ACN 088 981 793) and BGAI 12 Pty Ltd (ACN 637 474 545) as trustee for the BGAI 1 Oakdale East Trust (ABN 52 574 257 167) (together, the Developer).

Description of the Subject Land
The Planning Agreement as varied by the Deed of Variation applies to the same land to which the Planning Agreement applies, as shown in the plan at Annexure A to the Planning Agreement (Subject Land).

Description of the Development
The development to which the Planning Agreement applies is as described in that agreement as development of the Subject Land to enable the creation of an estate road on a separate lot, a masonry plant with a production capacity of 220,000 tonnes per annum and 4 industrial warehouse buildings generally in accordance with DA 93.1/2019 lodged with Fairfield City Council (the Development).

Summary of Objectives, Nature and Effect of the Planning Agreement as amended by the Deed of Variation
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 and a portion of the Offset Amount credited to the Developer under the agreement remains available.

The proposed Deed of Variation makes amendments to:
• confirm the parties’ agreement that, as at 1 March 2026, the total Offset Amount that remains available to the Developer under the Planning Agreement equals $2,810,913.44 (the Available Offset Amount),
• allow the Developer (and certain other persons) to use the Available Offset Amount under clause 5.2 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
• provide for the manner in which the Available Offset Amount 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. The Available Offset Amount can continue to be used to discharge an obligation to make a development contribution relating to the provision of regional transport infrastructure and services in Western Sydney Employment Area.