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Developer Contributions Plans & Development Servicing Plans

Section 94 and Section 94A of the Environmental Planning & Assessment Act 1979 allow Council to collect monetary contributions from the development of land in order to help meet the additional demand for roads and traffic, community, cultural, open space and recreational facilities generated by development associated with population growth and employment generation.

Similar contributions for water, sewer and stormwater services are collected under Section 64 of the Local Government Act 1993. Levying appropriate Water Supply and Sewerage Developer Charges is one of the requirements of the NSW Best-Practice Management of Water Supply and Sewerage Framework, regulated by the Department of Primary Industries – Water. Contribution Rates are determined by Council in accordance with the Guidelines and based on the capital works required to accommodate Growth.

On 26 July 2017, Council adopted a new DSP for Water and Sewerage following public consultation which occurred from mid-May to mid-June 2017 which came into effect on the 15th September 2018. In adopting the new DSP, Council also resolved to repeal the former DSP which were adopted in 2007.

Amendment to Development Servicing Plans for Water & Sewer

At its meeting held on 13 December 2017, the Council passed the following resolution:

THAT Council prepare and publicly exhibit an amendment to the new Section 64 Development Servicing Plans for Water and Sewerage adopted by Council in July 2017 and effective as at 15 September 2017 (DSP) to include a provision to the following effect:
     This Plan does not apply to development which is the subject         of a development consent granted by the Council prior to 15           September 2017, provided that an application is made to the         Council under section 305 of the Water Management Act 2000       for a certificate of compliance for the development up to three      (3) months after the adoption of the amendment to the DSP.

In accordance with this resolution, the Amendment to the Water and Sewer DSP 2017, as resolved by Council, was on public exhibition between 17th January 2018 and 15 February 2018.

The DSPs to which this amendment would have applied may be viewed here (internal link, PDF, 5.2MB).

At the conclusion of the exhibition period a further report was presented to Council to consider any submissions and recommend adoption of the amendment.

The matter was reported to the Ordinary General Meeting of the Council on 14 March 2018 with a recommendation for adoption of the amendment.

During the meeting, Council resolved not to support the amendment and further the rates (CPI) adjusted, contained within the Developer Servicing Plan 2017 which commenced on the 15th September 2017 now applies.

For further information please view the Information Sheet below or contact Council on 4868 0888 and specify you wish to discuss the Water and Sewer DSP calculations for your development.

pdf Water & Sewer DSP Information Sheet (PDF 47.5 KB)

Current Rates Schedule

Current contribution plans and development servicing plans rates.

pdf Contributions and Charges from 1 February 2018 to 30 April 2018 (PDF 79.8 kB)


Frequently Asked Questions

What is a Section 94 (Environmental Planning & Assessment Act) Contributions Plan?

It is a policy of Council that identifies the needs of the anticipated development for public services and amenities, how much these facilities will cost and how they will be funded. Generally S.94 plans identify development as being the major funding source for these facilities.

What is a Section 64 (Local Government Act) Contributions Plan?

In 1987, the Water and Sewerage component of S.94 was removed and legislation introduced in the Local Government Act (LGA) under S.64 for the provision of Water and Sewer contributions. The Local Government Act refers to the requirements of the Water Management Act 2000. 

Why do Developers have to pay?

The state government recognised in the 1970s that existing communities were subsidising the provision of services and amenities in new growth areas. As a result they introduced a “user pay” system (S.94) where those who generate the need for services and facilities should pay for their provision. S.94 of the Environmental Planning and Assessment Act 1979 (EPA Act) enables Councils to legally levy contributions from developers.

Essentially development contributions are an internal mechanism for Council to ensure the community (via higher rates etc) does not bear the costs of mitigating against the impacts of development.

Principles of Contributions The key principles of section 94 are based on the provisions of the EPA Act as amended. Water and sewer contributions follow a similar set of principles and guidelines. The basic principles are:

  • A contribution may be required for either the provision of new or additional facilities, or the recoupment of funds already expended in anticipation of development;
  • The contribution must be ‘reasonable’;
  • Contributions are to be used only for the purpose for which they were collected;
  • Financial contributions are to be spent and land dedications are to be made available within a ‘reasonable‘ time, and;
  • There must be a demonstrated nexus (connection) between:
    • The proposed development and the demand for the new or additional facility, 
    • The cost of the facility and the amount of contribution, 
    • The location of the development and the location of the facility, 
    • The timing of payment of the contribution and the provision of the facility.

Why do contributions increase?

Council’s contributions plans include provisions that allow it to increase its’ contributions rates by upward movements in the Consumer Price Index and Producer Price Indexes each quarter (every three months).

The purpose of this is to ensure that the funds received are generally in keeping with the increasing costs of providing services and facilities.

Are there other options available other than paying monetary contributions?

Yes. Council is open to considering offers from Developers, as long as those offers are made to Council in accordance with Council's Voluntary Planning Agreements Policy (Section 93F of the EPA Act) and Works-in-kind Policy. These Policies can be downloaded from the links provided below.

Last Updated: March 15th, 2018
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