Developer Contributions Plans & Development Servicing Plans

Developer Contributions and Servicing Plans

Under Section 7.11 and 7.12 of the Environmental Planning & Assessment Act 1979, Council can levy monetary contributions from Developers for 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. 

Similarly, Development Servicing Plans (DSPs) made under the provisions of Section 64 of the Local Government Act 1993 and Sections 305 to 307 of the Water Management Act 2000 outline the developer charges applicable to development for water, sewer and stormwater infrastructure within the Wingecarribee Shire. 

Current Rates Schedule

Contribution plans and development servicing plans rates can be viewed by clicking on the link below:

Developer Contributions and Charges(PDF, 287KB)

Developer Contributions Plans under Section 7.12

The following Developer Contributions Plans under Section 7.12 (formerly Section 94A) of the Environmental Planning and Assessment Act 1979 is currently applicable: 

S94A Contributions Plan 2015(PDF, 2MB)

S94A Fact Sheet(PDF, 57KB)

Development Servicing Plans

The following Development Servicing Plans (DSPs) under the provisions of Section 64 of the Local Government Act 1993 and Sections 305 to 307 of the Water Management Act 2000 are currently applicable:

Water and Sewer Development Servicing Plan(PDF, 6MB)

Stormwater Development Servicing Plans with Maps(PDF, 12MB)

Stormwater Development Servicing Plan Background Paper(PDF, 2MB)

 

What is a Section 7.11 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 Section 7.11 plans identify development as being the major funding source for these facilities.

What is a Section 64 Development Servicing Plan?

In 1987, the Water and Sewerage component of Section 94 was removed and legislation introduced in the Local Government Act (LGA) under Section 64 for the provision of Water and Sewer contributions. The Local Government Act 1993 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 (Section 7.11) where those who generate the need for services and facilities should pay for their provision. Section 7.11 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 7.11 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 7.4 of the EPA Act) and Works-in-kind Policy.

Planning Agreements Policy

Council has entered into several Voluntary Planning Agreements (VPA) with various developers under the provisions of Section 7.4 of the Environmental Planning and Assessment Act 1979 and Division 1A of the Environmental Planning and Assessment Regulation 2000

WSC Planning Agreements Policy and Procedures(PDF, 302KB)

Notice in Relation to Development Servicing Plan Charges

In accordance with Council resolution MN 87/21 at the Ordinary Meeting of Council on 24 March 2021, notice is hereby given that Wingecarribee Shire Council is inviting developers to contact Council if their development consents include the standard condition copied below and were granted before 1 January 2007, so Council can:

  • Consider whether to refund any fees these developers paid over and above the fees listed in their consents, and
  • If necessary, amend its records to ensure Council does not charge the relevant developers higher fees in the future.

This is because the standard condition copied below did not include any notice that the fees could increase in the future. It also contained no reference to the Developer Contributions Plan that was in place at the time the consent was issued.

The relevant standard condition to which this notice applies is copied below. Please note that this does not include specific contribution amounts as these will vary depending on the development consent that was issued. Please also note that there may be minor variations to the wording of the standard condition. 

Standard Condition of Consent

Water supply authority contributions 

Contribution towards Water and/or Sewer Facilities – you are advised that Council as the supply authority shall require the payment of a developer contribution towards the provision of water and/or sewer facilities required to serve the development in accordance with Division 5 Part 2 Chapter 6 of the Water Management Act 2000 as amended. 

The current rates of contribution applicable are as follows:

Water Supply Contributions Plan (Effective 23/07/97) 

The payment of a monetary contribution towards the augmentation of the headworks water supply system that services the development. 

Contributions to existing infrastructure (Assets) 
No Lots/ETs   Rate  Total
   $ $

Sewer Contributions Plan (Effective 23/07/97) 

The payment of a monetary contribution for headworks sewerage system that serves the development. 

 Contributions to existing infrastructure (Works)
 No Lots/ETs  Rate Total
   $ $

Compliance Certificate 

Compliance Certificate fees, in accordance with Council’s Revenue Policy are as follows and shall be paid concurrently with developer contributions: 

Water $ + Sewer $ = $ 

NOTE: Prior to the final release, you will need to contact Council’s Technical Services Division for an inspection to ensure that Council will accept the infrastructure constructed. In response the Manager of Water and Sewer will specify requirements which will have to be met. 

In the case of subdivision, the title plan of subdivision will not be certified and released by Council until the Water Management Act contributions have been paid and/or secured and the approval of Council has been gained for all works related to this infrastructure. 

In the case of other forms of development, the Construction Certificate will not be issued until the Water Management Act contributions have been paid and/or secured and the approval of Council has been gained.

Notice Period 

All affected developers are hereby invited to contact Council if their development consents include the standard condition below and were granted before 1 January 2007. There is no deadline for contacting Council in relation to this. However, the notice period in relation to this invitation will take place from 21 April 2021 to 21 May 2021.  

Contact Council

Council can be contacted by any of the following means:

Email: mail@wsc.nsw.gov.au

Post: Wingecarribee Shire Council, PO Box 141 Moss Vale NSW 2577

Enquiries: Mr Michael Park, Co-ordinator Strategic Land Use Planning  02 4868 0888

Date of notice: 16 April 2021