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. The DSP may be viewed via the following link:
Contribution plans and development servicing plans rates can be viewed by clicking on the link below:
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.
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.
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:
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.
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 above.