ABSTRACT
Within the procedures of development control under the TCP Acts there grew up since the 1970s a practice which was popularly termed “planning gain” (Jowell 1977). This in essence related to certain “offerings” by a landowner/developer in the negotiations and bargaining, which were pursued prior to or in parallel to the planning application itself. They were pursued in parallel simply because the elements in question did not fall within the matters which can be “properly” dealt with under planning conditions, under the administrative rules set out in the Regulations and Circulars. There were varied reasons: positive undertakings the planning authority finds legally difficult to secure by conditions; proposals offsite not covered by the planning application itself; proposals not strictly related to the use and development of land as such; financial contributions to local government services not related to the development in question. For these reasons the “offerings” were the subject of an agreement, governed by contract and not planning law.
