Greater Taree Section 94 Contributions Plan 2016 · Heavy Haulage Development, as defined in section 2.1 5.12 cents per tonne of hauled material per kilometre of haul road Taree CBD

Greater Taree Section 94 Contributions Plan 2016

Prepared by

Staff report 7 - Attachment (i)



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Contents Page Number

1. Introduction and summary of levy rates 1

1.1 Overview of this plan 1

1.2 Summary of contribution rates 3

1.3 Calculating a contribution under this plan 4 1.3.1 Residential developments 7 1.3.2 Heavy Haulage Development 9 1.3.3 Parking-deficient non-residential developments in Taree CBD 9

2. Administration and operation of this plan 10

2.1 Definitions used in this plan 10

2.2 Name of this plan 10

2.3 Purposes of this plan 10

2.4 Commencement of this plan 11

2.5 Land to which this plan applies 11

2.6 Development to which this plan applies 11

2.7 Development exempted from contributions under this plan 11

2.8 Relationship to other contributions plans 12

2.9 Monetary contribution may be required as a condition of development consent 12

2.10 Dedication of land free of cost may be required as a condition of consent 12

2.11 Planning agreements 13

2.12 Obligations of accredited certifiers 13 2.12.1 Complying development certificates 13 2.12.2 Construction certificates 15

2.13 Variation to contributions authorised by this plan 15

2.14 Indexation of contribution rates included in this plan 15

2.15 Indexation of monetary contributions at time of payment 15

2.16 Timing of payment of monetary contributions 16

2.17 Policy on deferred or periodic payments 16

2.18 Pooling of monetary contributions 17

2.19 Accountability and access to information 17

2.20 Savings and transitional arrangements 17

3. Local Infrastructure demands and strategies 18

3.1 Area context 18

3.2 Expected development 18

3.3 Population characteristics 20

3.4 Old Bar development and population 22



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3.5 Infrastructure demands 23

3.6 Infrastructure strategies 23 3.6.1 LGA-wide infrastructure 23 3.6.2 Old Bar infrastructure 24 3.6.3 Hallidays Point, Harrington-Crowdy Head, Taree-Cundletown and Wingham

infrastructure 27 3.6.4 Roadworks attributable to Heavy Haulage Development 29 3.6.5 Car parking in Taree CBD 32 3.6.6 Plan management and administration 33

Appendices Appendix A Infrastructure schedules and location maps

Appendix B Research on base contribution rate for Heavy Haulage Development

Appendix C Alternative to Roads Maintenance Contribution - Transport Study Requirements



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1. Introduction and summary of levy rates

1.1 Overview of this plan

The former Greater Taree Local Government Area (LGA) is likely to receive development in the future that impacts on the quality and standard of Local Infrastructure provided by MidCoast Council (Council). Local Infrastructure includes recreation facilities, roads, public car parks and community facilities.

Council wishes to promote economic development of the LGA, but also considers that it is important for new developments to make a reasonable contribution towards the provision of new and / or augmented Local Infrastructure to meet the demands of those developments.

Section 94 of the Environmental Planning and Assessment Act 1979 (EP&A Act) authorises a consent authority to grant consent to a proposed development subject to a condition requiring the applicant to dedicate land free of cost and / or make a monetary contribution to the Council. Such a condition can only be imposed on a development that will or is likely to require the provision of, or increase the demand for, Local Infrastructure.

Land required to be dedicated, or money required to be paid, by a condition imposed under section 94 is to be applied towards the provision, extension or augmentation of Local Infrastructure (or towards recouping the cost of their provision, extension or augmentation).

Where the consent authority is a council or an accredited certifier, a Local Infrastructure contribution may be imposed on a development only if it is of a kind allowed by and determined in accordance with a contributions plan, such as this plan.

This plan authorises the Council or an accredited certifier to impose conditions requiring section 94 contributions on development consents or complying development certificates for the following types of development:

Residential development

Heavy haulage developments that will have significant impacts on rural roads

Non-residential development in the Taree CBD area that is deficient in the provision of on-site car parking.

Developments that do not fit into the above development categories above, including industrial and commercial development, and which have a development cost greater than $200,000, will be subject to a fixed rate section 94A levy under Greater Taree Section 94A Contributions Plan 2016.

This plan addresses the infrastructure demands of the anticipated residential development across the former Greater Taree LGA up to 2031. If the residential development is a type that is affected by this plan then that development will be levied a contribution for ‘LGA-wide’ infrastructure.

If that development is also situated within a local contributions catchment identified by this plan, then the development will be additionally levied a contribution to be applied towards other infrastructure that is designed to serve that catchment. Local catchments are shown in Figure 1 over page.



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Figure 1 Local contributions catchments

This plan has been prepared in accordance with the EP&A Act and Environmental Planning and Assessment Regulation 2000 (EP&A Regulation); and having regard to the latest Practice Notes issued by the NSW Department of Planning and Environment. This plan includes the following:

Contribution catchment maps showing the lands that are subject to different contributions included in this plan

Location maps of the Local Infrastructure items supported by a works schedule setting out an estimate of their cost and staging

The relationship between the expected development in the former Greater Taree local government area and the Local Infrastructure included in this plan

The section 94 contribution rates for different contributions catchments and different types of development in the area

The administrative and accounting arrangements applying to contributions that are required by this plan.



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1.2 Summary of contribution rates

Table 1 Section 94 contribution rates

Contribution type / area $ rate

per secondary dwelling per seniors housing

dwelling per long term residence site in a caravan park

per manufactured home site in a manufactured

home estate

per residential dwelling or residential lot

Old Bar Precinct 2B (refer Figure 2)

Local facilities $7,805 $11,864

LGA wide facilities $1,965 $2,987

Total $9,770 $14,851

Old Bar Precinct 3 (refer Figure 2)



Total $11,816 $17,961

Old Bar Remainder (refer Figure 2)



Total $6,300 $9,577

Wingham (refer Figure 3)



Total $4,043 $6,146

Harrington-Crowdy Head (refer Figure 4)



Total $4,076 $6,195

Hallidays Point (refer Figure 5)



Total $4,041 $6,143

Taree – Cundletown (refer Figure 6)

Local facilities $485 $737


Total $2,450 $3,724

Remainder of LGA LGA wide facilities $1,965 $2,987

Heavy Haulage Development, as defined in section 2.1

5.12 cents per tonne of hauled material per kilometre of haul road

Taree CBD car parking (refer Figure 7)

$9,500 per car parking space

Notes: * Also refer to development exclusions identified in Section 2.7



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Figure 2 Old Bar contributions areas

Figure 3 Wingham contributions area



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Figure 4 Harrington-Crowdy Head contributions area

Figure 5 Hallidays Point contributions area



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Figure 6 Taree – Cundletown contributions area

Figure 8 Taree CBD parking contributions area



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1.3 Calculating a contribution under this plan

The methods for calculating a contribution under this plan for each of the development types addressed by this plan are discussed below.

Applicants should note that the monetary contribution rates shown in Table 1 reflect the contribution rates at the date that the plan commenced. These rates are regularly adjusted for inflation in accordance with the provisions of clause 2.15 of this plan.

Applicants should inquire at the Council for information on the latest contribution rates.

1.3.1 Residential developments

This plan levies contributions on the following types of development:

Residential accommodation developments that are attached dwellings, dual occupancies, dwelling houses, multi dwelling housing, residential flat buildings, rural workers’ dwellings, secondary dwellings, semi-detached dwellings, self-contained dwellings in seniors housing developments, and shop top housing

Long term residence sites in caravan parks

Manufactured home sites in manufactured home estates

Exhibition homes or dwellings

Subdivision to enable the above developments

Subject to Section 2.7 of this plan (i.e. exempted development), section 94 contributions shall apply to the above developments that will or are likely to require the provision of, or increase the demand for, the Local Infrastructure included in this plan. This means any residential development that would, if approved, result in additional dwellings or result in additional lots with a dwelling entitlement.

The total section 94 contribution for the above types of development is calculated using the rates shown in Table 1, less any allowance for assumed infrastructure demand arising from existing developments, if applicable.

The allowance for existing development demand will be calculated one of three ways:

(a) If the existing development is a type of residential accommodation development other than secondary dwellings or seniors housing, then an occupancy rate of 2.28 persons per dwelling or lot will be used to calculate the demand allowance (or credit) for existing development. This rate will also be used to estimate the infrastructure demand generated by new dwellings in residential accommodation developments.

(b) If the existing development is a type of development listed in column 1 of Table 2 over page then the occupancy rates included in Table 2 will be used to calculate the demand allowance (or credit) for existing development. These rates will also be used to estimate the infrastructure demand generated by new developments of the types listed in Table 2.

(c) If the existing development is a type of tourist accommodation development, and that development had previously paid to Council a levy imposed on the existing development under sections 94 or 94A of the Environmental Planning and Assessment Act 1979, then the amount of the levy that was paid, as indexed from the date of payment to the present



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day, will be assumed to be the contribution credit. If no levy was paid by the existing tourist accommodation development then no contribution credit will be allowed for in the calculation of contributions.

Table 2 Assumed occupancy rates for calculating credits and contributions for certain residential developments

Development type Assumed average household occupancy rate

1. Secondary dwellings; self-contained dwellings in seniors housing developments 1.5 persons per dwelling

2. An approved long term residence site in a caravan park, or an approved manufactured home site in a manufactured home estate

1.5 persons per dwelling

3. Exhibition homes or dwellings 2.28 persons per dwelling

All residential developments affected by this plan will be subject to a contribution for ‘LGA-wide’ works using the rates included in Table 1.

Developments may also be subject to a local area catchment contribution in Table 1, if the development is located on any land shown in Figures 1 to 6 of this plan. Where the development is within a local area catchment, the total contribution shall be the sum of the LGA-wide contribution and the local area contribution.

The following notes are provided for the sake of clarity concerning which developments are levied under the plan:

A contribution will be levied on all additional lots created for the purpose of accommodating a dwelling or dwellings on land zoned for urban, rural or environmental conservation purposes, and a credit equivalent to one dwelling house will be given for any existing lot that has a dwelling entitlement.

A contribution will be imposed on additional residential accommodation on new lots created since this plan came into force (but not for a single dwelling house), and a credit equivalent to one dwelling house will be given in calculating the contribution for a multi-dwelling development on the new lot.

A contribution will be imposed on additional residential accommodation on existing lots before this plan came into force (but not for a single dwelling house), and a credit equivalent to one dwelling house will be given in calculating the contribution for a multi-dwelling development on the existing lot.

Developments that do not involve the creation of additional dwelling lots or additional dwellings are not subject to the contributions described in this section 1.3.1 of the plan.

Cap on residential section 94 contributions

On 21 August 2012, the Minister for Planning issued a Direction to Council that section 94 contributions on residential development were to be capped.

The Direction requires, among other things, that a consent authority or planning panel cannot impose a section 94 condition on a development consent for residential dwellings or residential lots that exceeds the following caps:

$30,000 for each dwelling or lot on land identified as Precinct 2B or Precinct 3 in the Old Bar Contributions Plan 2010

$20,000 for each dwelling or lot on other land in the former Greater Taree LGA.



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This plan is consistent with the Minister’s Direction in that it authorises section 94 contributions on residential development that do not to exceed the relevant caps.

1.3.2 Heavy Haulage Development

The contribution for a Heavy Haulage Development is calculated as follows:

1. Identify the length of local and regional roads (haul routes) that the development’s laden heavy vehicles will utilise.

2. The total haul length (in kilometres) and this plan’s $ rate per tonne per km will be included in the development consent.

3. The periodic contribution payable to Council is calculated retrospectively by multiplying the $ per tonne per km (in the consent) by the haul length (also in the consent) by the amount of material (in tonnes) hauled over the previous quarter.

Section 3.6.4 of this plan provides more detail on the method of determining the quarterly contribution amount that is payable.

1.3.3 Parking-deficient non-residential developments in Taree CBD

Where a development (other than residential accommodation development) located on land in the Taree CBD shown on Figure 7 cannot provide a sufficient number of car parking spaces on the development site, a section 94 contribution will be required.

The contribution is calculated by multiplying the contribution rate in Table 1 by the number of deficient car parking spaces for the development.



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2. Administration and operation of this plan

2.1 Definitions used in this plan

Words and phrases used in this plan generally have the same meaning as the terms defined in Greater Taree Local Environmental Plan 2010 or the EP&A Act, except as provided for below.

In this plan, the following words and phrases have the following meanings:

Consent Authority has the same meaning as in the EP&A Act but also includes an accredited certifier responsible for issuing a complying development certificate.

Council means MidCoast Council.

EP&A Act means the Environmental Planning and Assessment Act 1979.

EP&A Regulation means the Environmental Planning and Assessment Regulation 2000.

Heavy Haulage Development means any of the following developments that are defined in Greater Taree Local Environmental Plan 2010:

(a) extractive industry, or

(b) mine

and where the development, if approved, will result in significant additional tonnages or volumes of material being removed from or delivered to the development site.

LGA means local government area.

Local Infrastructure means public amenities and public services that are traditionally the responsibility of local government, excluding water supply or sewerage services.

Manufactured home has the same meaning as in State Environmental Planning Policy No 36 - Manufactured Home Estates, or any subsequent environmental planning instrument that addresses the permissibility of manufactured homes in the former Greater Taree LGA.

Social Housing Provider has the same meaning as in State Environmental Planning Policy (Affordable Rental Housing) 2009.

2.2 Name of this plan

This plan is called the Greater Taree Section 94 Contributions Plan 2016.

2.3 Purposes of this plan

The primary purpose of the plan is to authorise:

the Council, when granting consent to an application to carry out development to which this plan applies; or

an accredited certifier, when issuing a complying development certificate for development to which this plan applies,

to require from the development a contribution to be made towards both:



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the provision, extension or augmentation of Local Infrastructure to be provided by Council; and

the recoupment of the previous costs incurred by Council in providing existing Local Infrastructure.

Other purposes of the plan are:

to update and replace all Council’s previous section 94 contributions plans;

to update and replace Council’s previous S94A plan

to provide the framework for the efficient and equitable determination, collection and management of section 94 contributions by Council;

to ensure that certain development that is not otherwise levied a nexus-based ‘section 94’ contribution makes some contribution towards the provision of Local Infrastructure in the local area;

to reduce the burden on the existing community on having to provide Local Infrastructure needed at least partly by new development; and

to describe the Local Infrastructure that will be provided by Council using the contributions collected under this plan.

2.4 Commencement of this plan

This plan commenced on the date on which public notice of its adoption by Council appeared in a local newspaper.

2.5 Land to which this plan applies

This plan applies to all land within the former Greater Taree LGA.

2.6 Development to which this plan applies

Except as provided for by Section 2.7, this plan applies to the types of development listed in Table 1 of this plan.

2.7 Development exempted from contributions under this plan

This plan does not apply to the following types of developments:

The part of a residential accommodation development that is for the purpose of a boarding house, a group home, or a hostel;

Development that is subject to a contribution under any current and operational section 94 contributions plan adopted by the Council;

Development proposed by or on behalf of the Council;

Development for the purpose of affordable housing or housing provided by a Social Housing Provider1; and

Development exempted from section 94 levies by way of a direction made by the Minister for Planning under section 94E of the EP&A Act.

1 If the development has a mix of uses, only the affordable housing/social housing component will be excluded.



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2.8 Relationship to other contributions plans

This plan repeals the following contributions plans:


Taree Section 94 Contributions Plan 2001

Hallidays Point Section 94 Contributions Plan 2001

Harrington-Crowdy Head Section 94 Contributions Plan 2001

Wingham Section 94 Contributions Plan 2001

Old Bar Section 94 and 94A Contribution Plan 2010

Greater Taree Section 94 Contribution Plan – Spence/Deb Street Local Drainage (1992)

Greater Taree Section 94 Contribution Plan – Car Parking (1992)

Greater Taree Section 94 Contribution Plan – Open Space (1992)

Greater Taree Section 94 Contribution Plan – Roads (1992)

Greater Taree Section 94 Contribution Plan – Stormwater Drainage (1992)

2.9 Monetary contribution may be required as a condition of development consent

This plan authorises Council or an accredited certifier, when determining an application for development or an application for a complying development certificate, and subject to other provisions of this plan, to impose a condition requiring a contribution under section 94 of the EP&A Act on that approval for:

the provision, extension or augmentation of Local Infrastructure to be provided by Council; and / or


Accredited certifiers should also refer to Section 2.12 of this plan as to their obligations in assessing and determining applications.

2.10 Dedication of land free of cost may be required as a condition of consent

This plan authorises the consent authority, other than an accredited certifier2, when granting consent to an application to carry out development to which this plan applies, to impose a condition under section 94(1) of the EP&A Act requiring the dedication of land free of cost to Council for:

the provision, extension or augmentation of Local Infrastructure to be provided by Council; and / or


2 Note: the EP&A Act does not allow an accredited certifier other than a Council to impose a condition requiring the dedication of land free of cost.



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Wherever land required under this plan is situated within a development site, the consent authority will generally require the developer of that land to dedicate the land required under this plan free of cost.

The value of this land will be taken into account in determining the total monetary contributions required by the development under this plan. Council may at its discretion offset the value of the land against contributions for the same facility category.

The value of the land to be dedicated free of cost will be the value of the land as agreed by Council and the developer.

2.11 Planning agreements

Nothing in this plan prevents the Council and a developer from entering into a planning agreement that:

requires the developer to make monetary contributions, undertake works or provide material public benefits for Local Infrastructure identified in this plan; and / or

excludes the operation of section 94 and 94A of the EP&A Act to the development.

2.12 Obligations of accredited certifiers

2.12.1 Complying development certificates

This plan requires that, in relation to an application being made to an accredited certifier for a complying development certificate the accredited certifier must:

if a complying development certificate is issued, impose a condition on that certificate requiring a monetary contribution, if such a contribution is authorised by this plan

determine the amount of the levy that must be imposed is determined in accordance with this section

ensure that the terms of the condition be in accordance with this section.

Procedure for determining the contribution amount

The procedure for Accredited Certifier to determine the amount of the section 94 monetary contribution for complying development is as follows:

1. If, and only if specified in writing in the application for a complying development certificate, the applicant has requested a credit under section 94(6) of the EP&A Act (as described in Section 1.3.1 of this plan) or an exemption for part or the whole of the development under Section 2.7 of this plan, the accredited certifier must:

(a) make a request in writing to the Council for the Council’s advice on whether the request is granted, or the extent to which it is granted; and

(b) in calculating the monetary contribution, comply with the Council’s written advice or if no such advice has been received prior to the granting of the complying development certificate, refuse the applicant’s request.

2. Determine the unadjusted section 94 contributions in accordance with the rates included in Table 1 of this plan taking into account any exempt development specified in Section 2.7 and any advice issued by the Council under paragraph 1(b) above.



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3. Adjust the calculated contribution in accordance with Section 2.15 to reflect the indexed cost of the provision of infrastructure. The latest contribution rates can also be found on Council’s website.

4. Subtract any credit advised by the Council under paragraph 1(b) for any assumed Local Infrastructure demand relating to existing development.

Terms of a section 94 condition

The terms of the condition required by this section are as follows:

Contribution

The developer must make a monetary contribution to MidCoast Council in the amount of $[insert amount] for the purposes of the Greater Taree Section 94 Contributions Plan 2016.

Indexation

The monetary contribution must be indexed between the date of this certificate and the date of payment in accordance with the following formula:

$CC X CPIP

CPIC

Where:

$CC is the contribution amount shown in this complying development certificate expressed in dollars

CPIP is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics at the time of the payment of the contribution

CPIC is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics which applied at the time of the issue of this certificate

Note: The contribution payable will not be less than the contribution specified in this certificate.

Time for payment

The contribution must be paid prior to any work authorised by this Complying Development Certificate commences, as required by section 136L of the Environmental Planning and Assessment Regulation 2000.

Deferred payments of contributions may be accepted in certain circumstances and will need to be secured by bank guarantee. Refer to the contributions plan for Council’s policy on deferred payments.

Works in kind agreement

This condition does not need to be complied with to the extent specified, if works in kind agreement is entered into between the developer and the Council.



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2.12.2 Construction certificates

It is the responsibility of an accredited certifier issuing a construction certificate for building work or subdivision work to ensure that each condition requiring the payment of a monetary contribution under this contributions plan has been complied with.

The accredited certifier must ensure that the applicant provides a receipt (or receipts) confirming that contributions have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the Council in accordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid and expose the certifier to legal action.

The only exceptions to the requirement are where a work in kind, material public benefit, dedication of land and/or a deferred payment arrangement has been agreed to by the Council. In such cases, the Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

2.13 Variation to contributions authorised by this plan

The Council may, after considering a written application, reduce the section 94 contribution otherwise calculated in accordance with the provisions of this plan.

A developer’s request for variation to a contribution calculated in accordance with this plan must be supported by written justification included with the development application. Such request will be considered as part of the assessment of the development application.

An accredited certifier other than the Council cannot vary a section 94 contribution calculated in accordance with this plan, without Council’s written approval.

2.14 Indexation of contribution rates included in this plan

To ensure that the value of contributions are not eroded over time by inflation, Council will - without the necessity of preparing a new or amending the contributions plan - make changes to the section 94 contribution rates set out in this plan to reflect quarterly movements in the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics.

Note: This section does not cover the adjustment of a contribution between the time of consent and the time that payment is made. This is covered by Section 2.15.

2.15 Indexation of monetary contributions at time of payment

A monetary contribution required by a condition of development consent imposed in accordance with this plan will be indexed between the date on which consent was granted and the date on which the contribution is paid in accordance with quarterly movements in the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics.



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2.16 Timing of payment of monetary contributions

A monetary contribution required to be paid by a condition imposed in accordance with this plan is to be paid at the time specified in the condition.

Generally, the condition will provide for payment as follows:

For development involving subdivision – the contribution must be paid prior to the release of the subdivision certificate (linen plan);

For development not involving subdivision, but where a construction certificate is required, the contribution must be paid prior to the release of the construction certificate; and

For works authorised under a complying development certificate, the contributions are to be paid prior to any work authorised by the certificate commences, as required by clause 136L of the EP&A Regulation.

2.17 Policy on deferred or periodic payments

Council may accept the deferred or periodic payment of a monetary contribution required under this plan if the applicant, or any other person entitled to act upon the relevant consent, makes a written request and can satisfy the Council of non-compliance with the payment provisions. Council must be satisfied that:

there are valid reasons for the deferral or periodic payment;

the granting of the request will not adversely impact on the administration, operation or cash flows of the plan;

the granting of the request will not jeopardise the timely provision of works or land identified within the plan; and

the proposed arrangement remains consistent with the purpose of the plan.

The decision to accept a deferred or periodic payment of a monetary contribution is at the sole discretion of Council. Any deferral will generally be limited to a period of no more than 24 months.

Where Council allows a deferral of contributions, an appropriate bank guarantee shall be secured for the amount of contributions to be deferred. The conditions under which the Council may accept deferred settlement by way of lodgement of a bank guarantee are that:

the bank guarantee be by an Australian bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest;

the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work whichever occurs first;

the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and

the bank's obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

Any deferred or outstanding component of the monetary contribution will be adjusted in accordance with Section 2.15 of this plan.



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The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid.

2.18 Pooling of monetary contributions

Monetary contributions paid for different purposes in accordance with the conditions of development consents authorised by this plan and any other contributions plan approved by the Council from time to time (whether or not such a plan is in force) are to be pooled and applied progressively for those purposes.

The priorities for the expenditure of pooled monetary contributions under this plan are the priorities for works as set out in the works schedule to this plan.

2.19 Accountability and access to information

Accounting records will be maintained for section 94 contributions imposed and collected under this plan. They will contain details concerning monetary contributions received and expended, including interest.

The records are held at Council's Administration Building and may be inspected upon request.

In accordance, with the EP&A Act and EP&A Regulation a contributions register will be maintained by Council and may be inspected upon request.

2.20 Savings and transitional arrangements

This plan applies to both:

a development application or application for a complying development certificate submitted on or after the date on which this plan took effect; and

a development application or application for a complying development certificate submitted, but not yet determined, on or before the date on which this plan took effect.



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3. Local Infrastructure demands and strategies This part of the plan identifies:

the development that is expected across the former Greater Taree LGA;

the infrastructure demands that will be generated by that development; and

the approach to determining contribution rates for the different types of Local Infrastructure included in this plan.

3.1 Area context

The former Greater Taree LGA is a predominantly rural area, with some residential, industrial and commercial land use. It encompasses a total land area of 3,752 square kilometres, of which a large proportion is State Forest and National Park, including beaches, coastline, waterways and mountains. Much of the rural area is used for timber getting and agriculture, with dairy and beef production being the main agricultural pursuits.3

The LGA has two main townships with many small villages and localities. The largest town is Taree, followed by Wingham, with other major population centres being Old Bar, Harrington-Crowdy Head and Hallidays Point. New development is likely to be focused on these areas, as well as the Brimbin New Town located north-east of Taree which has been rezoned to permit a range of development including residential and employment.4

3.2 Expected development

The primary housing market role that Greater Taree has played for the last 60 years has been to provide housing opportunities for new households as well as attracting retirees from areas further south, in particular metropolitan Sydney. The importance of the area as a destination for retirees from areas further south is expected to continue into the future. As a result of this there is some pressure for residential expansion within Greater Taree from both existing residents and from people moving to the area.5

New development is likely to be concentrated on the outskirts of Taree and Wingham and in the coastal townships. A major development that will have a significant impact on population change is the development of a new town at Brimbin. By the 2030s it is likely to be competing with Wingham as the second largest centre in the LGA.6

The developer of the Brimbin area has entered into a voluntary planning agreement with the Council. That agreement requires the developer to provide various local facilities to meet the demands of that development, and to make contributions for LGA-wide facilities.

The former Greater Taree LGA in 2011 had 21,950 private dwellings and an estimated resident population of 47,984 residents. Council anticipates new housing development will drive population growth over the next 15 years.

3 Profile.id (undated), Greater Taree City Community Profile 2011, http://profile.id.com.au/greater-taree, accessed on 21 October 2015 4 ibid. 5 Population and household forecasts, 2011 to 2036, prepared by .id, September 2012, http://forecast.id.com.au/greater-taree?WebID=10&reportFormat=Word, accessed on 2 December 2015 6 ibid.


http://profile.id.com.au/greater-taree

http://forecast.id.com.au/greater-taree?WebID=10&reportFormat=Word

http://forecast.id.com.au/greater-taree?WebID=10&reportFormat=Word


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Table 3 shows the projected growth of dwellings across the LGA’s local areas between 2016 and 2031. Some 7,200 dwellings are expected to be added to the housing stock. Most development is expected in the Brimbin area followed by Taree, Hallidays Point and Old Bar.

Table 3 Projected dwelling growth by local area, 2016-2031 (former Greater Taree LGA)

Local area 2016 dwellings 2031 dwellings Change

Brimbin 64 1924 1860

Crowdy - Harrington-Crowdy Head - Johns River

2012 2648 636

Cundletown 685 805 120

Hallidays Point 2135 3344 1209

Old Bar - Wallabi 2314 3286 972

Old Bar Balance 1130 1344 214

Taree 8243 9714 1471

Taree Balance 2334 2573 239

Wingham 2265 2548 283

Wingham Balance 2185 2410 225

The former Greater Taree LGA 23,367 30,596 7229 Source: http://forecast.id.com.au/greater-taree/population-households-dwellings, accessed 2 December 2015

The profile of annual growth in dwellings over the broader period 2011 to 2036 is shown in Figure 9. The data suggest a peaking of annual dwelling growth in the 2020s.

Source: http://forecast.id.com.au/greater-taree/population-households-dwellings, accessed 2 December 2015

Figure 9 Greater Taree LGA annual dwelling growth profile, 2011 to 2036


http://forecast.id.com.au/greater-taree/population-households-dwellings



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The expected residential developments, and the retail, commercial and employment-related developments that will service the growing population, will increase the demand for Local Infrastructure. This plan is to allow Council to receive monetary contributions for the Local Infrastructure upgrades that will be required to meet those demands.

3.3 Population characteristics

Population growth across the local areas is expected to be consistent with the anticipated spread of dwelling growth across the LGA.

Table 4 shows the distribution of projected population growth across the LGA.

The population is expected to grow by almost 16,000 in the next 15 years, with around 40% of this growth expected in Brimbin, followed by Taree, Hallidays Point and Old Bar.

Table 4 Projected population growth by local area, 2016-2031 (former Greater Taree LGA)

Local area 2016 population 2031 population Change

Brimbin 177 6776 6599

Crowdy - Harrington-Crowdy Head - Johns River

3375 4568 1193

Cundletown 1811 2019 208

Hallidays Point 4034 6216 2182

Old Bar - Wallabi 4732 6365 1633

Old Bar Balance 2325 2595 270

Taree 17825 20041 2217

Taree Balance 5382 5856 475

Wingham 5310 5912 602

Wingham Balance 4561 4955 394

The former Greater Taree LGA 49531 65304 15773 Source: http://forecast.id.com.au/greater-taree/population-households-dwellings, accessed 2 December 2015

The LGA’s average household occupancy rate, being the ratio of estimated residents to occupied private dwellings is likely to remain around 2.28 persons per dwelling up to 2031.7 This average masks some differences between local areas, with Brimbin likely to have significantly higher occupancy rates and the coastal communities having lower rates.

Table 5 shows the likely changes to the age profile of residents between 2016 and 2031. The data shows that there will be growth in the number of people in all age groups.

In 2016, the dominant age group in the former Greater Taree LGA was persons aged 55 to 69 years. The largest increase in persons between 2016 and 2031 is forecast to be people aged in their 30s and early 40s, followed closely by people aged in their 70s.

7 Source: http://forecast.id.com.au/greater-taree/population-households-dwellings, accessed 2 December 2015





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Table 5 Expected age profile, 2016 and 2031 (former Greater Taree LGA)

2016 2031 Change

Age group (years) Number % Number % Number

0 to 4 2,689 5.4 3,860 5.9 +1,171

5 to 9 2,982 6.0 4,040 6.2 +1,058

10 to 14 2,984 6.0 3,959 6.1 +976

15 to 19 2,789 5.6 3,323 5.1 +534

20 to 24 2,385 4.8 2,794 4.3 +409

25 to 29 2,028 4.1 2,941 4.5 +913

30 to 34 2,253 4.5 3,454 5.3 +1,200

35 to 39 2,362 4.8 3,766 5.8 +1,404

40 to 44 2,826 5.7 3,866 5.9 +1,040

45 to 49 3,063 6.2 3,878 5.9 +816

50 to 54 3,475 7.0 3,993 6.1 +519

55 to 59 3,848 7.8 4,411 6.8 +563

60 to 64 3,824 7.7 4,633 7.1 +808

65 to 69 3,698 7.5 4,594 7.0 +896

70 to 74 3,067 6.2 4,144 6.3 +1,076

75 to 79 2,263 4.6 3,338 5.1 +1,075

80 to 84 1,582 3.2 2,437 3.7 +855

85 and over 1,412 2.9 1,872 2.9 +460

Total persons 49,531 100.0 65,304 100.0 +15,773 Source: http://forecast.id.com.au/greater-taree/population-households-dwellings, accessed 2 December 2015

The current dominant household type in the former Greater Taree LGA is couples without dependents, followed closely by lone person households.

The dominance of these household types is not expected to be challenged in the life of this plan, as shown in Figure 10.




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Source: http://forecast.id.com.au/greater-taree/population-households-dwellings, accessed 2 December 2015

Figure 10 Greater Taree LGA expected household types, 2011 to 2036

3.4 Old Bar development and population

The expected 2016-2031 growth shown in Tables 3 and 4 is used as the basis for determining contribution rates for Local Infrastructure in this plan, except for the contribution rates for the infrastructure serving the Old Bar catchments.

Precincts 2B and 3 at Old Bar were the subject of a detailed planning exercise that resulted in Council adopting the Old Bar Development Contributions Plan 2010. That plan, which accounted for the full development of Precincts 2B and 3, is repealed by this plan.

Development of the Old Bar precincts has proceeded at a much slower rate than that envisaged by the 2010 plan. It is likely that the full development of the area will occur well after 2031. This plan therefore calculates contribution rates taking into account the full development of Old Bar rather than the development that is expected by 2031.

Table 6 shows the development and population assumptions that have been used in this plan to calculate contribution rates for the Old Bar precincts.

Table 6 Old Bar precincts current and expected future development and population

Dwellings Population

Current Old Bar and Old Bar Balance 3444 7057

Future growth:

Precinct 2B 1400 3192

Precinct 3 526 1199

Old Bar remainder 195 445

Sub total 2121 4836

Total Old Bar current and future 5565 11893




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3.5 Infrastructure demands

The expected development across the former Greater Taree LGA will have the following impacts on Local Infrastructure:

increased use of parklands, sportsgrounds, playgrounds and other recreation areas;

increased use of recreational paths and cycleways;

increased use of community, cultural, library and surf life saving facilities;

increased demand for the improvement of public domain and streetscapes in town centres;

increased travel and vehicle trips, including heavy vehicles associated with extractive industries and similar activities, and consequent impacts on the performance of the transport network; and

a need for increased public car parking facilities in the Taree CBD.

A range of Local Infrastructure has been identified as being required to satisfy the anticipated demands of the expected development. This infrastructure includes the carrying out of works and the acquisition of land.

3.6 Infrastructure strategies

3.6.1 LGA-wide infrastructure

Council provides a range of facilities that serve a broad catchment. Taree is the main centre serving the LGA.

For example, the roads that link Taree to its other settlements are used by most residents. Higher order recreation and community facilities that are located in Taree, such as the Manning Entertainment Centre, are also used by most residents.

Some facilities may not be located in Taree but also attract users from a broad area. An example is regional cycleways.

As the population of Taree and surrounding settlements grows there will be increased demand placed on these ‘higher order’ facilities.

The facilities that will be affected include the following:

Manning River foreshore recreation facilities;

Pavements, bridges and intersections on key road links;

Car parking facilities and road intersections in Taree CBD;

Primary sports and cultural facilities in Taree (e.g. Taree Recreation Ground, Manning Regional Art Gallery and Manning Entertainment Centre); and

Surf life saving facilities.

Nexus and apportionment

The need for the LGA-wide infrastructure arises either solely as a result of the expected development across the former Greater Taree LGA up to 2031; or the requirement to meet the demands of both the current and future population up to 2031.



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The costs of infrastructure that arise solely as a result of future development will be entirely met by the expected population growth between 2016 and 2031 – i.e.15,773 persons (refer to Table 4).

The costs of infrastructure to meet the demands of both the current and future population will be apportioned to the expected population growth between 2016 and 2031 – i.e.15,773 / 65,304 persons = 24% (refer to Table 4).

Contribution rate calculation

Table 7 below summarises the infrastructure costs and contributions for the LGA-wide infrastructure. A breakdown of these costs and maps showing the locations of these facilities can be found in Appendix A.

Table 7 Summary of infrastructure costs and contribution rates

Infrastructure cost Contribution per resident

LGA-wide infrastructure $40,575,457 $1,310

Contribution rates are calculated on the expected growth in the resident population, and the cost apportioned to the growth population.

The contribution formula for LGA-wide infrastructure can be expressed as:

Contribution per resident ($) = ∑ ( $INF x %AF

) PLGA

Where:

$INF = the estimated cost, or if the facility has been completed, the indexed actual cost, of providing each of the LGA-wide infrastructure items (refer to Appendix A).

%AF = The proportion of the total cost of the item that has been apportioned to the growth population (refer to Appendix A).

PLGA = The expected growth in the resident population of the LGA between 2016 and 2031 (refer to Table 4).

To determine the total contribution for LGA-wide infrastructure that would apply to a proposed development, multiply the contribution rate by the proposed net additional residents in the proposed development.

To determine the contribution rate per dwelling, multiply the contribution rate by the relevant assumed occupancy rates shown in Table 2.

3.6.2 Old Bar infrastructure

A range of public amenities and services have been identified as being required to satisfy the anticipated demands of development in the Old Bar area; including

open space, and recreation facilities;



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community facilities; and

roadworks and traffic management facilities.

Most of these items were identified in the Old Bar Development Contributions Plan 2010 (the 2010 plan) and have been carried over to this plan.

Open space, recreation and community facilities

The existing open space and recreation facilities and community facilities in Old Bar provide limited services to the area and do not have the capacity to cater for demand of new development within the Old Bar area.

The Open Space, Community & Retail Needs Assessment8 carried out for the Old Bar growth areas identified the existing open space, recreation and community facilities in the Old Bar area (including recreation areas/parks, playgrounds, sports venues, swimming centre, community halls, and library facilities), the existing deficiencies in provision of facilities, and benchmarks for the planning of new facilities.

The planning for open space, recreation and community facilities to serve the future development in the Old Bar area has been carried out on the basis of the benchmarks applied to current and future population projections, and general levels of demand for open space, recreation and community facilities.9

Based on this analysis, the assessment also identified the facilities required to meet future demands including:

Local parks with playground, kick about, shelter, seating and picnic area;

One neighbourhood park in the proposed town centre with playground, furniture, modular toilet, picnic area and landscaping;

Passive open space within the Sydney Peppermint Gum Reserve and in the extreme north of Precinct 2B in a natural setting;

A new district park with a range of recreation facilities (including multi-purpose playing fields, outdoor courts, amenities blocks, passive recreation and car parking); and

A new multi-purpose centre south of the new town centre including library, hall, meeting and seminar room, playgroup room, and amenities.

Modifications to this planned array of facilities from the 2010 plan include:

Council plans on providing a new community centre and library on land it already owns within the existing established area of Old Bar, rather than providing this facility on a new site in Precinct 2B.

Roadworks and traffic management

There will be significant growth in traffic volumes on existing roads in the Old Bar area as a consequence of future development. Traffic from future development will particularly impact on the safe operation of Old Bar Road.

Old Bar Road is presently a two lane sealed carriageway that carries local traffic and also serves as the main access to Old Bar from Taree and the Pacific Highway. Old Bar Roadwill require upgrading to meet the demand of anticipated development in the Old Bar area.

8 Open Space, Community & Retail Needs Assessment – Precinct 2B, Old Bar prepared by Urbis JHD, April 2006 9 ibid.



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The need for augmented roads and traffic facilities required as a result of future development in the Old Bar area was analysed in the Old Bar Precinct 2B Rezoning Final Traffic Report, prepared for the former Greater Taree City Council by Maunsell in March 2006. The works recommended in that study formed the basis of the works schedule in the 2010 plan.

The need for roadworks and traffic management facilities for the Old Bar area has also been assessed based on traffic surveys and Council’s own investigations.

Council officers reviewed the inclusions in the 2010 plan, particularly the scope of works for Old Bar Road. The review concluded that substantial additional works to Old Bar Road would be required in order to satisfactorily address the demands of growth.

The works included in this plan carries over the works in the 2010 plan, and includes additional necessary works:

Staged upgrade of Old Bar Road, shoulder widening and Saltwater Road Intersection Upgrade;

Forest Lane - road upgrade; and

Forest Lane - intersection upgrade.

The following work has been removed from the 2010 plan on the grounds that it is no longer required:

Precinct 3 link road

Other traffic works not included in this plan - for example, local subdivision roads, intersections, traffic management/calming devices, verge footpaths / cycle ways and other embellishments with the road reserve - will be required to be provided as a condition of development consent of the type allowed under section 80A(1)(f) of the EP&A Act, at full cost to the relevant developer.

Infrastructure delivery and timing

The timing of provision of the facilities will be generally when subdivision of the surrounding areas occurs.

It is envisaged that both Council and developers of land in Precincts 2B and 3 (through works in kind or other arrangements under this Plan) will be involved in the delivery of facilities.

Council will seek to implement facilities according to the rate of development growth being experienced in the area. Council acts on the basis of making commitments to projects as funds are available, and to this extent the delivery of facilities under this contributions plan is heavily dependent on the rate of development and the resultant funds received. The timing of projects in the Works Schedule is therefore indicative. Programs will be revised in light of policy reviews, development trends and availability of funds.


The need for most of the facilities arises from the planned urban release areas of Old Bar Precincts 2B and 3. Thus most of the costs are apportioned to these developments. Where the facility is required to meet some existing demands, or is generated by other development outside of Precincts 2B and 3, the costs have been apportioned accordingly.

Non-residential developments were levied under the 2010 plan. These developments in the proposed Precinct 2B commercial centre are intended to serve the extra retail and service needs



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of the new residential development. While non-residential developments will generate a demand for Local Infrastructure, this plan does not levy contributions on those developments. Such developments will be levied under a separate section 94A levy plan adopted by the Council.


Table 8 below summarises the Old Bar infrastructure costs and contributions. A breakdown of these costs and maps showing the locations of these facilities can be found in Appendix A.

Table 8 Summary of Old Bar infrastructure costs and contribution rates

Infrastructure cost

Contribution per resident

Old Bar

Precinct 2B

Old Bar

Precinct 3

Old Bar

remainder

Old Bar infrastructure $26,576,094 $5,203 $6,568 $2,890

Contribution rates are calculated on the current and expected resident population, and the cost apportioned to each sub-catchment.

The contribution formula for Old Bar infrastructure can be expressed as:

Contribution per resident ($) = ∑ ( $INF x %AF

) PCatchment

Where:

$INF = the estimated cost, or if the facility has been completed, the indexed actual cost, of providing each of the infrastructure items required to meet the development of the Old Bar sub-catchments (refer to Appendix A).

%AF = The proportion of the total cost of the item that has been apportioned to the respective sub-catchment (refer to Appendix A).

PCatchment = The expected resident population of the catchment(s) that will generate the demand for the Old Bar infrastructure (refer to Appendix A and Table 6).

To determine the total contribution that would apply to a proposed development, multiply the contribution rate by the proposed net additional residents in the proposed development.


3.6.3 Hallidays Point, Harrington-Crowdy Head, Taree-Cundletown and Wingham infrastructure


Council has reviewed the development potential and additional residential development likely to be received in those areas up to 2031.



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Council has also reviewed the existing infrastructure available in the Hallidays Point, Harrington-Crowdy Head, Taree-Cundletown and Wingham areas. The existing facilities in those areas generally provide a level of service that meets the current demands, and there is little or no capacity for these facilities to cater for demand that is likely to be generated by new development within these areas.

The expected residential development will thus require new and augmented infrastructure. A summary of the infrastructure requirements for each local area are included in Table 9.

Table 9 Summary of requirements in Hallidays Point, Harrington-Crowdy Head, Taree-Cundletown and Wingham

Summary of infrastructure requirements

Hallidays Point infrastructure Playing fields, car park and amenities at Tallwoods Upgrades to Blackhead Road Upgrades to Old Soldiers Road

Harrington-Crowdy Head infrastructure Upgrades to Harrington-Crowdy Head Road Wards Creek bridge upgrade Playground works Foreshore and pathway works

Taree-Cundletown infrastructure Upgrades to Wingham Road Hargreaves Drive realignment New pathways and cycleways Playgrounds Park lighting and playing fields

Wingham infrastructure Upgrades to the main access road - Wingham Rd Streetscape improvements in town centre New footpaths and cycleways Wingham Sporting Complex


Table 10 below summarises the infrastructure costs and contributions for Harrington-Crowdy Head, Hallidays Point, Taree-Cundletown and Wingham. A breakdown of these costs and maps showing the locations of these facilities can be found in Appendix A.

Table 10 Summary of infrastructure costs and contribution rates

Infrastructure cost Contribution per resident

Harrington-Crowdy Head $2,854,000 $1,407

Hallidays Point $2,975,000 $1,384

Taree-Cundletown $7,023,750 $323

Wingham $4,148,000 $1,385

Contribution rates are calculated on the current and expected resident population, and the cost apportioned to each sub-catchment.

The contribution formula for Harrington-Crowdy Head, Hallidays Point, Taree-Cundletown and Wingham infrastructure can be expressed as:



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Contribution per resident or worker ($) = ∑ ( $INF x %AF

) PCatchment

Where:

$INF = the estimated cost, or if the facility has been completed, the indexed actual cost, of providing each of the infrastructure items required to meet the development of the respective local catchment (refer to Appendix A).

%AF = The proportion of the total cost of the item that has been apportioned to the growth population of the respective local catchment (refer to Appendix A).

PCatchment = The expected growth in the resident population of the respective local catchment between 2016 and 2031 (refer to Table 4).

To determine the total contribution that would apply to a proposed development, multiply the contribution rate by the proposed net additional residents in the proposed development.


3.6.4 Roadworks attributable to Heavy Haulage Development

Council considers that it is reasonable to expect that operators of extractive industries and similar developments that generate additional laden heavy vehicle movements on the area’s roads should contribute their share of the additional upkeep of those roads.

This plan authorises a single contribution rate of 5.12 cents / tonne / km of hauled material inbound or outbound from the development. This contribution rate enables the consent authority, in any particular case, to impose a contribution amount on a development relating to the length of local and regional roads that will be used by heavy vehicles for the haulage of material.

The consent condition will contain both a cents / tonne / km rate and an assumed haul road length. The consent condition will require the development to make periodic payments to Council based on the tonnes of material hauled along that haul road length in the preceding quarter.


Council has a responsibility to maintain the road infrastructure in its area to an acceptable standard. The standard is to ensure the roads:

are kept to an appropriate level of safety for the road user; and

remain trafficable for the duration of their design life.

The additional heavy vehicle loadings on a road due to developments involving laden heavy vehicle movements will accelerate the deterioration of that road’s pavement. The consequence is that in order for the roads authority to maintain the road pavement at its existing level of service, additional maintenance spending will be required sooner than would be the case without that development. In short, heavy vehicle use of a road will require the replacement of that road’s pavement sooner.



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From time to time Council receives development applications that involve the haulage of material using heavy vehicles. These developments typically include quarries and other forms of extractive industry. These developments can be located anywhere within the LGA.

Concentrated heavy vehicle movements generated by these developments will accelerate the deterioration of road pavements that were designed to meet demands of rural and residential rather than industrial or commercial developments.

Councils are not generally able to impose additional fees, charges or rates to meet the extra costs associated with accelerated deterioration of roads caused by heavy vehicle movements from these developments, except for section 94 contributions imposed under the EP&A Act.

Council therefore will require contributions from developments that generate significant heavy vehicle movements to meet the additional cost burden of providing and maintaining roads caused by those developments.

Council shall allocate any monies received under this plan to the particular haul roads that developments have contributed towards. Because heavy haulage developments can occur anywhere in the LGA, and this plan operates to respond to the impacts of yet-to-be-identified developments, it is not possible to identify those roads in this plan.


To determine the contribution rate in this plan, Council has indexed the benchmark rate adopted by the then NSW Roads and Traffic Authority and the Western Sydney Regional Organisation of Councils (WSROC) in the early 1990s.

The benchmark rate used by these organisations was 2.7 cents per tonne per kilometre in 1990 dollars. The index used is the Consumer Price Index (All Groups) for Sydney.

The derivation of the rate can be found in a report prepared for WSROC by Stapleton and Hallam in 199110, and was the average of cost recovery estimates from several studies carried out in the late 1970s and 1980s. A summary of these estimates is shown in Appendix B.

The indexed benchmark rate adopted by this plan is therefore:

2.7 cents per t.km X Sydney CPI (September quarter 2015)

Sydney CPI (June quarter 1990)

= 2.7 cents per t.km X 108.6

57.2

= 5.12 cents per tonne per kilometre

10 Stapleton & Hallam (1991), Study of Section 94 Contributions made for the provision of Roads, Traffic Facilities and Parking - Stage 1 Report, for Western Sydney Regional Organisation of Councils Limited, September



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Calculation of the quarterly contribution payment

The process for calculating and collecting the contribution will generally be as follows:

1. Identify the length of local and regional roads (haul routes) that the development’s laden heavy vehicles will utilise. The length of haul route(s) in kilometres will be determined from information submitted by the applicant with the development application. Any development application for extractive industries on any land in the former Greater Taree LGA must include details of haul routes. Classified roads that are the sole maintenance responsibility of the NSW Government are excluded from consideration.

2. Consent authority imposes a development consent condition requiring payment based on:

the $ rate per tonne per km (from this plan);

the total length of all haul routes (from 1. above); and

the amount of material (in tonnes) hauled over the preceding quarter.

3. No later than 28 days after the end of March, June, September and December over the life of the development, the operator of the development must:

submit to Council independently verified tonnage returns of the material hauled over the preceding quarter; and

pay the roads maintenance contribution to Council reflecting the $ rate per tonne and total haul route length contained in the development consent.

For example, where a development’s haul trucks will utilise 5.5 kilometres of public roads in the LGA, the contribution amount that would be imposed on the development consent would be:

5.5 km X 5.12 cents per tonne per kilometre

= 28.16 cents per tonne of haulage material, calculated quarterly and indexed quarterly in accordance with Sydney CPI

There may be circumstances where the likely length of road or lengths of roads to be used by laden heavy vehicles in a development varies, and therefore the contribution amount for that development, is difficult to quantify. In such cases, Council will determine the length or lengths of road to be levied based on the information submitted with the development application. It is the duty of the applicant to provide sufficient and accurate information on likely haul route use at the application stage.

Alternatives to paying the contribution required under this plan

Applicants may propose an alternative contribution rate that more accurately reflects the likely road impacts of the particular development. Any alternate contribution rate must be agreed to by Council prior to the due date for a contribution payment or the commencement of any works as part of that alternate payment method.

Applicants may also propose alternative arrangements to the payment of a periodic contribution to Council for excessive road wear and tear. This could include, for example, reconstruction of the road pavement up-front and no ongoing maintenance contribution.

Justification of any alternative must be addressed in a transport study on the proposed heavy haulage development. The study should address all of the relevant matters listed in Appendix C.



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Roadworks may be required to be undertaken in addition to contributions required under this plan

The former Greater Taree LGA’s local and regional road network has been constructed and is maintained by Council as necessary to ensure an acceptable standard of service. It is possible that some of these roads may not be able to accommodate additional heavy vehicle loading generated by new industrial developments without immediate upgrade. New roads, or upgrades to sections of the existing road network, including ongoing maintenance, may be required to accommodate the additional heavy vehicle loading.

Where a development requires works to the road network to be undertaken, the requirement will be by way of a condition imposed on the development consent under section 80A(1)(f) of the EP&A Act. This will be in addition to the road maintenance contributions imposed under this plan for sections of haul routes not upgraded by the development.

3.6.5 Car parking in Taree CBD


Accommodating non-residential development in the Taree CBD and maintaining safe and convenient vehicular access for people using the Taree CBD are both important objectives for the Council in its roles as a consent authority and as a manager of public assets.

Council plays an active role in maintaining the viability of the Taree CBD through providing an appropriate level of on-street car parking and through providing centralised public car parks.

Future development in the Taree CBD will place an increasing demand on the car parking facilities.

Council’s development control plan requires new development to meet its own car parking demands through the provision of car parking spaces. Occasionally however it is not possible for all of the parking demands to be met through on-site provision of car spaces.

This plan enables consent authorities to require developments that do not provide sufficient on-site parking to make a cash contribution to allow the Council to provide deficient parking spaces in a centralised car park when sufficient funds are collected.

Taree CBD car parking contributions are based on the estimated cost of enlarging an existing public car park at Connell Place. The infrastructure includes the acquisition of land and the construction of 100 additional at-grade car parking spaces. The cost of works allows for site clearance, earthworks, pavement, drainage, kerb and gutter, line marking and signage.

Parking-deficient developments are accountable for providing contributions for spaces they are accountable for. The Connell Place car park project will however provide an excess of spaces for these developments. As a result, Council will also require residential developments throughout the former Greater Taree LGA to pay for some of the cost of the facility through a contribution toward ‘LGA-wide’ infrastructure.



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Calculation of the contribution

Table 11 below summarises the car parking infrastructure costs and contributions.

Table 11 Summary of car parking infrastructure costs and contribution rates

Cost Contribution per deficient parking space

Land acquisition $750,000 $7,500

Construction $200,000 $2,000

TOTAL $950,000 $9,500

Contribution rates are calculated by dividing the total costs of land acquisition and capital works by the total number of additional parking spaces that will be provided in the facility.

The contribution formula for roads, traffic, parking and streetscape infrastructure can be expressed as:

Contribution per deficient parking space ($) = $INF

S

Where:

$INF = the estimated cost of providing the parking facility ($950,000)

S = The additional parking spaces provided (i.e. 100)

To determine the total contribution that would apply to a proposed development, multiply the contribution rate by the number of car parking spaces that are required by the Council but cannot be provided in the proposed development.

3.6.6 Plan management and administration

This plan has been prepared in order to allow contributions to be levied on development so that infrastructure demands can be satisfied. The costs that Council has incurred in this regard include the commissioning of external technical advice, costings and land valuations used to prepare the plan text and works schedules.

Additionally, Council is required to manage, monitor and maintain the contributions plan. The effective coordination and administration of the plan will involve many tasks, some of which include the following:

Monitoring the receipt of contributions and authorisation of the expenditure of contributions in respective accounts and the recoupment of the costs of facilities already provided;

Monitoring the dedication of land and development contributions;

Recommending to Council the appropriate management and expenditure of funds in accordance with the adopted works schedules;

Monitoring and programming works identified in the works schedules;



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Regularly reviewing the works schedules in accordance with levels of contributions received and expended and seek Council’s adoption of updated schedules;

Regularly reviewing the contribution rates in accordance with construction costs, land costs, levels of demand, population and demographic changes and recommending to Council amendments where necessary;

Determining the appropriate time for provision of public facilities having regard to the works schedule, the availability of funds, demand generated by development, the time funds have been held, expected additional funds, alternative and supplementary funding sources and maintenance implications;

Advising Council of appropriate management, expenditure and policy implications regarding development contributions including those arising from legal decisions and State government policy making;

Assessing whether a credit or reassessment of the contribution may be appropriate and how that may be determined;

Reviewing and determining the suitability of proposed works in kind and material public benefits;

Preparing and making available the accountability information as required by the EP&A Regulation; and

Providing advice to applicants and the general public regarding the operation of the plan.

Consultant studies are also commissioned by Council from time to time in order to determine the value of land to be acquired, the design and cost of works, as well as to review the development and demand assumptions of the contributions plan. Council is also required to engage the services of legal professionals from time to time to assist in the administration of this plan.

Nexus, apportionment and contribution rates calculation

As plan administration costs arise directly as a result of the development in the former Greater Taree LGA, it is reasonable that the costs associated with preparing and administering this plan be recouped through contributions from development in that area. Costs associated with the ongoing administration and management of the contributions plan will be levied on all applications that are required to make a contribution under this plan.

Costs included in this plan for management and administration are determined based on the Independent Pricing and Regulatory Tribunal (IPART) benchmark11 of an allowance equivalent to 1.5% of the cost of construction works identified in this plan.

The 1.5% contribution appears as a line item in each of the contributions catchments’ works schedules.

11 Independent Pricing and Regulatory Tribunal of New South Wales (2014), Local Infrastructure Benchmark Costs, page 63



APPENDIX A

Infrastructure schedules and location maps



APPENDIX B

Research on base contribution rate for Heavy Haulage Development



APPENDIX C

Alternative to Roads Maintenance Contribution - Transport Study Requirements


Greater Taree Section 94A Contributions Plan 2016

Prepared by

Staff report 7 - Attachment (ii)



Page iii

Contents Page Number

1. Introduction and summary of levy rates 1

1.1 Overview of this plan 1

1.2 Summary of contribution rates 2

1.3 Calculating a contribution under this plan 2

2. Administration and operation of this plan 3

2.1 Definitions used in this plan 3

2.2 Name of this plan 3

2.3 Purposes of this plan 3

2.4 Commencement of this plan 4

2.5 Land to which this plan applies 4

2.6 Development to which this plan applies 4

2.7 Development exempted from contributions under this plan 4

2.8 Relationship to other contributions plans 4

2.9 Section 94A levy may be required as a condition of development consent 5

2.10 Planning agreements 5

2.11 Determining the proposed cost of carrying out development 5 2.11.1 Cost Summary Report must accompany development application 6 2.11.2 Who may provide a Cost Summary Report? 7

2.12 Obligations of accredited certifiers 7 2.12.1 Complying development certificates 7 2.12.2 Construction Certificates 8

2.13 Indexation of levies 8

2.14 Timing of payment of monetary contributions 9

2.15 Policy on deferred or periodic payments 9

2.16 Pooling of monetary contributions 10

2.17 Accountability and access to information 10

2.18 Savings and transitional arrangements 10

3. Local Infrastructure demands 11

4. Works program 12

Appendices Appendix A Cost Summary Report



Page 1

1. Introduction and summary of levy rates

1.1 Overview of this plan

The former Greater Taree Local Government Area (LGA) is likely to receive development in the future that impacts on the quality and standard of Local Infrastructure provided by MidCoast Council (Council). Local Infrastructure includes recreation facilities, roads, public car parks and community facilities.

Council wishes to promote economic development of the LGA, but also considers that it is important for new developments to make a reasonable contribution towards the provision of new and / or augmented Local Infrastructure to meet the demands of those developments.

Section 94A of the Environmental Planning and Assessment Act 1979 (EP&A Act) authorises a consent authority to grant consent to a proposed development subject to a condition requiring the applicant pay a levy of the percentage of the proposed cost of carrying out the development (that is, a section 94A levy).

Money required to be paid by a condition imposed under section 94A is to be applied towards the provision, extension or augmentation of Local Infrastructure (or towards recouping the cost of their provision, extension or augmentation).

Where the consent authority is a council or an accredited certifier, a Local Infrastructure contribution may be imposed on a development only if it is of a kind allowed by and determined in accordance with a contributions plan, such as this plan.

This plan generally authorises the Council or an accredited certifier to impose conditions on development consents or complying development certificates requiring payment of section 94A levies for developments:

not otherwise subject to a section 94 contributions plan adopted by the Council; and

with a proposed cost of carrying out the development in excess of $200,000.

Other types of development may be subject to other contributions plans adopted, or voluntary planning agreements entered into, by the Council. The reader should consult the Council about whether their development is subject to a development contribution.

This plan has been prepared in accordance with the EP&A Act and Environmental Planning and Assessment Regulation 2000 (EP&A Regulation); and having regard to the latest Practice Notes issued by the NSW Department of Planning and Environment.

This plan includes the following:

Location maps of the Local Infrastructure items supported by a works schedule setting out an estimate of their cost and staging;

The relationship between the expected development in the former Greater Taree LGA and the Local Infrastructure included in this plan;

The section 94A levy rates that will apply to particular types of development in the area; and

The administrative and accounting arrangements applying to levies that are required by and collected under this plan.



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1.2 Summary of contribution rates

Table 1 Monetary contribution rates for development

Development type Levy rate

Development that is not subject to a section 94 contribution under any other contributions plan adopted by the Council under the EP&A Act, and the proposed cost of carrying out the development is:

up to and equal to $200,000 Nil

more than $200,000 1% of the development cost

For the sake of clarity:

Industrial, commercial and all other non residential developments costing more than $200,000, except for certain extractive industries and parking-deficient development in Taree CBD, are subject to this plan.

Tourist and visitor accommodation developments costing more than $200,000, except for parking-deficient development in Taree CBD, are subject to this plan.

Developments described in Section 2.7 are not subject to this plan

1.3 Calculating a contribution under this plan

Subject to Section 2.7 of this plan (i.e. exempted development), section 94A levies shall apply to development with a proposed cost of development of $200,000 or more that is not otherwise subject to a section 94 contribution under any other contributions plan adopted by the Council.

The total section 94A levy for any individual development is determined by applying the applicable levy rate in Table 1 to the proposed cost of carrying out the development, that is:

Levy ($) = %C x $C

Where:

%C is the contribution percentage rate applicable (refer to Table 1)

$C is the proposed cost of carrying out the development



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2. Administration and operation of this plan

2.1 Definitions used in this plan

Words and phrases used in this plan generally have the same meaning as the terms defined in Greater Taree Local Environmental Plan 2010 or the EP&A Act, except as provided for below.

In this plan, the following words and phrases have the following meanings:

Consent Authority has the same meaning as in the EP&A Act but also includes an accredited certifier responsible for issuing a complying development certificate.

Cost Summary Report means a report prepared by a suitably qualified person that sets out the proposed cost of carrying out of development as defined in clause 25J of the EP&A Regulation.

Council means MidCoast Council.

EP&A Act means the Environmental Planning and Assessment Act 1979.

EP&A Regulation means the Environmental Planning and Assessment Regulation 2000.

LGA means local government area.

Local Infrastructure means public amenities and public services that are traditionally the responsibility of local government, excluding water supply or sewerage services.

Social Housing Provider has the same meaning as in State Environmental Planning Policy (Affordable Rental Housing) 2009.

2.2 Name of this plan

This plan is called the Greater Taree Section 94A Contributions Plan 2016.

2.3 Purposes of this plan

The primary purpose of the plan is to authorise:

the Council, when granting consent to an application for development to which this plan applies; or

an accredited certifier, when issuing a complying development certificate for development to which this plan applies,

to impose a condition or requirement for a section 94A levy for:

the provision, extension or augmentation of Local Infrastructure to be provided by Council; and


Other purposes of the plan are:

to update and replace Council’s previous section 94A contributions plan;

to provide the framework for the efficient and equitable determination, collection and management of section 94A levies by Council;



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to ensure that certain development that is not otherwise levied a nexus-based ‘section 94’ contribution makes some contribution towards the provision of Local Infrastructure in the local area;

to reduce the burden on the existing community on having to provide Local Infrastructure needed at least partly by new development; and

to describe the Local Infrastructure that will be provided by Council using the contributions collected under this plan.

2.4 Commencement of this plan

This plan commenced on the date on which public notice of its adoption by Council appeared in a local newspaper.

2.5 Land to which this plan applies

This plan applies to all land within the former Greater Taree LGA.

2.6 Development to which this plan applies

Except as provided for by Section 2.7, this plan applies to the types of development listed in column 1 of Table 1 of this plan.

2.7 Development exempted from contributions under this plan

This plan does not apply to the following types of developments:

Development proposed by or on behalf of the Council;

Development for the purpose of affordable housing or housing provided by a Social Housing Provider1;

Development involving alterations or additions to, or the replacement of, an existing or approved dwelling

Development for the sole purpose of the subdivision of land; and

Development exempted from section 94A levies by way of a direction made by the Minister for Planning under section 94E of the EP&A Act.

2.8 Relationship to other contributions plans

This plan does not affect the operation of any other contributions plan adopted by the Council and that is in force.

1 If the development has a mix of uses, only the affordable housing/social housing component will be excluded.



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2.9 Section 94A levy may be required as a condition of development consent

This plan authorises the Council or an accredited certifier, when determining an application for development or an application for a complying development certificate, and subject to other provisions of this plan, to impose a condition on that development requiring a levy under section 94A of the EP&A Act on that approval for:

the provision, extension or augmentation of Local Infrastructure to be provided by Council; and/or


In the case of a development application, the requirement shall be effected by way of the Consent Authority imposing a condition on the development consent.

In the case of a complying development certificate requirement shall be effected by the accredited certifier imposing a condition on the certificate and ensuring that the correct levy is paid to Council prior to the commencement of work. Accredited certifiers should also refer to Section 2.12 of this plan as to their obligations in assessing and determining applications.

2.10 Planning agreements

Nothing in this plan prevents the Council and a developer from entering into a planning agreement that:

requires the developer to make monetary contributions, undertake works or provide material public benefits for Local Infrastructure identified in this plan; and/or

excludes the operation of section 94A of the EP&A Act to the development.

2.11 Determining the proposed cost of carrying out development Section 94A levies are calculated as a percentage of the cost of development.

Clause 25J of the EP&A Regulation sets out how the proposed cost of carrying out development is determined.

An extract of this clause as it existed at the time this plan was made, is shown below:

25J Section 94A levy—determination of proposed cost of development

(1) The proposed cost of carrying out development is to be determined by the consent authority, for the purpose of a section 94A levy, by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

(a) if the development involves the erection of a building, or the carrying out of engineering or construction work—the costs of or incidental to erecting the building, or carrying out the work, including the costs (if any) of and incidental to demolition, excavation and site preparation, decontamination or remediation,

(b) if the development involves a change of use of land—the costs of or incidental to doing anything necessary to enable the use of the land to be changed,

(c) if the development involves the subdivision of land—the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.



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(2) For the purpose of determining the proposed cost of carrying out development, a consent authority may have regard to an estimate of the proposed cost of carrying out the development prepared by a person, or a person of a class, approved by the consent authority to provide such estimates.

(3) The following costs and expenses are not to be included in any estimate or determination of the proposed cost of carrying out development:

(a) the cost of the land on which the development is to be carried out,

(b) the costs of any repairs to any building or works on the land that are to be retained in connection with the development,

(c) the costs associated with marketing or financing the development (including interest on any loans),

(d) the costs associated with legal work carried out or to be carried out in connection with the development,

(e) project management costs associated with the development,

(f) the cost of building insurance in respect of the development,

(g) the costs of fittings and furnishings, including any refitting or refurbishing, associated with the development (except where the development involves an enlargement, expansion or intensification of a current use of land),

(h) the costs of commercial stock inventory,

(i) any taxes, levies or charges (other than GST) paid or payable in connection with the development by or under any law,

(j) the costs of enabling access by disabled persons in respect of the development,

(k) the costs of energy and water efficiency measures associated with the development,

(l) the cost of any development that is provided as affordable housing,

(m) the costs of any development that is the adaptive reuse of a heritage item.

(4) The proposed cost of carrying out development may be adjusted before payment, in accordance with a contributions plan, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan (such as a Consumer Price Index) between the date the proposed cost was determined by the consent authority and the date the levy is required to be paid.

(5) To avoid doubt, nothing in this clause affects the determination of the fee payable for a development application.

2.11.1 Cost Summary Report must accompany development application

A development application or application for a complying development certificate shall be accompanied by a Cost Summary Report, prepared at the applicant’s cost, setting out an estimate of the proposed cost of carrying out the development.

The Cost Summary Report shall be in accordance with Appendix A.

Council will validate all Cost Summary Reports before they are accepted using a standard costing guide or other generally accepted costing method. Should the costing as assessed by Council be considered inaccurate, Council may, at its sole discretion and at the applicant’s cost, engage a person referred to in clause 2.11.2 to review a Cost Summary Report submitted by an applicant.



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2.11.2 Who may provide a Cost Summary Report?

The following persons are approved by the Council to provide an estimate of the proposed cost of carrying out development:

where the applicant’s initial estimate of the proposed cost of carrying out the development is less than $1,000,000 – any building industry professional; or

where the applicant’s initial estimate of the proposed cost of carrying out the development is $1,000,000 or more – a quantity surveyor who is a registered member of the Australian Institute of Quantity Surveyors.

2.12 Obligations of accredited certifiers

2.12.1 Complying development certificates

This Plan requires that, in relation to an application being made to an accredited certifier for a complying development certificate the accredited certifier must:

if a complying development certificate is issued, impose a condition on that certificate requiring a levy, if such a levy is authorised by this plan;

determine the amount of the levy that must be imposed is in accordance with this Section; and

ensure that the terms of the condition be in accordance with this Section.

Procedure for determining the levy amount

1. Ensure that the development is not subject to a section 94 contribution under any other section 94 contributions plan adopted by the Council and that remains in force.

2. Determine the section 94A levy in accordance with the Cost Summary Report prepared by or on behalf of the applicant under Section 2.11.2 of this plan; the levy rates included in Table 1 of this plan; and taking into account any exempt development specified in Section 2.7.

Terms of a section 94A condition

The terms of the condition required by this Section are as follows:

Contribution

The developer must make a monetary contribution to MidCoast Council in the amount of $ [insert amount] for the purposes of the Greater Taree Section 94A Contributions Plan 2016.

Indexation

The monetary contribution is based on a proposed cost of carrying out the development of $ [insert amount]. This cost (and consequently the monetary contribution) must be indexed between the date of this certificate and the date of payment in accordance with the following formula:

Indexed development cost ($) = $Co X Current CPI

Base CPI

Where:



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$Co is the original development cost estimate assessed at the time of the issue of the complying development certificate

Current CPI is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics at the quarter immediately prior to the date of payment

Base CPI is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics at the quarter ending immediately prior to the date of imposition of the condition requiring payment of a contribution

Time for payment

The contribution must be paid prior to any work authorised by this complying development certificate commences, as required by clause 136L of the Environmental Planning and Assessment Regulation 2000. Deferred payments of contributions will not be accepted.

Works in kind agreement

This condition does not need to be complied with to the extent specified, if a works in kind agreement is entered into between the developer and the Council.

2.12.2 Construction Certificates

It is the responsibility of an accredited certifier issuing a construction certificate for building work to ensure that each condition requiring the payment of a monetary contribution under this contributions plan has been complied with.

The accredited certifier must ensure that the applicant provides a receipt (or receipts) confirming that contributions have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the Council in accordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid and expose the certifier to legal action.

The only exceptions to the requirement are where a work in kind, material public benefit, dedication of land and/or a deferred payment arrangement has been agreed to by the Council. In such cases, the Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

2.13 Indexation of levies

Pursuant to Clause 25J(4) of the EP&A Regulation, the proposed cost of carrying out development is to be indexed to reflect quarterly variations in the Consumer Price Index (All Groups Index) for Sydney between the date the proposed cost was determined by Council and the date the levy is required to be paid.

The proposed cost of carrying out a development the subject of a condition of development consent imposed in accordance with this plan will be indexed between the date on which consent was granted and the date on which the contribution is paid in accordance with the as published by the Australian Bureau of Statistics.

The formula governing indexation of the proposed cost of carrying out development is as follows:

Indexed development cost ($) = $Co X Current CPI

Base CPI



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Where:

$Co is the original development cost estimate assessed by Council or the accredited certifier at the time of determination of the development application or the issue of the complying development certificate

Current CPI is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics at the quarter immediately prior to the date of payment

Base CPI is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics at the quarter ending immediately prior to the date of imposition of the condition requiring payment of a contribution

2.14 Timing of payment of monetary contributions

A monetary contribution required to be paid by a condition imposed in accordance with this plan is to be paid at the time specified in the condition.

Generally, the condition will provide for payment as follows:

For development where a construction certificate is required, the contribution must be paid prior to the release of the construction certificate; and

For works authorised under a complying development certificate, the contributions are to be paid prior to any work authorised by the certificate commences, as required by clause 136L of the EP&A Regulation.

2.15 Policy on deferred or periodic payments

Council may accept the deferred or periodic payment of a monetary contribution required under this plan if the applicant, or any other person entitled to act upon the relevant consent, makes a written request and can satisfy the Council of non-compliance with the payment provisions. Council must be satisfied that:

there are valid reasons for the deferral or periodic payment;

the granting of the request will not adversely impact on the administration, operation or cash flows of the plan;

the granting of the request will not jeopardise the timely provision of works or land identified within the plan; and

the proposed arrangement remains consistent with the purpose of the plan.

The decision to accept a deferred or periodic payment of a monetary contribution is at the sole discretion of Council. Any deferral will generally be limited to a period of no more than 24 months.

Where Council allows a deferral of contributions, an appropriate bank guarantee shall be secured for the amount of contributions to be deferred. The conditions under which the Council may accept deferred settlement by way of lodgement of a bank guarantee are that:

the bank guarantee be by an Australian bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest;

the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work whichever occurs first;



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the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and

the bank's obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

Any deferred or outstanding component of the monetary contribution will be adjusted in accordance with Section 2.13 of this plan.

The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid.

2.16 Pooling of monetary contributions

Monetary contributions paid for different purposes in accordance with the conditions of development consents authorised by this plan and any other contributions plan approved by the Council from time to time (whether or not such a plan is in force) are to be pooled and applied progressively for those purposes.

The priorities for the expenditure of pooled monetary contributions under this plan are the priorities for works as set out in the Section 4 of this plan.

2.17 Accountability and access to information

Accounting records will be maintained for section 94A levies imposed and collected under this plan. They will contain details concerning monetary contributions received and expended, including interest.

The records are held at Council's Administration Building and may be inspected upon request.

In accordance, with the EP&A Act and EP&A Regulation a contributions register will be maintained by Council and may be inspected upon request.

2.18 Savings and transitional arrangements

This Plan applies to both:

a development application or application for a complying development certificate submitted on or after the date on which this plan took effect; and

a development application or application for a complying development certificate submitted, but not yet determined, on or before the date on which this plan took effect.



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3. Local Infrastructure demands Section 94 levies are requirements imposed on the developers of land. They are monetary contributions imposed on developments to meet the extra demand on Local Infrastructure resulting from new development.

Council has designed its development contributions system (including this plan) in a way that responds to the locations, types, and scale of expected development in the former Greater Taree LGA in the future, and the particular impacts those developments will likely have on Local Infrastructure.

Council has prepared another contributions plan – a section 94 contributions plan - that addresses the infrastructure impacts of certain developments that include:

Residential accommodation development that results in a net increase in the number of dwellings

Non-residential development in the Taree CBD area that results in a deficiency of on-site car parking

Heavy haulage development.

This section 94A contributions plan addresses the infrastructure impacts of all other development anticipated to occur in the former Greater Taree LGA that has a development costs in excess of $200,000.

The reason for this dual approach is that the demand for infrastructure generated by some types of development (or the nexus between the development and the infrastructure upgrades) is more easily quantified. In such cases, it is appropriate to impose a nexus-based or section 94 contribution on such development.

In other cases, the likely type, scale and location of development is more difficult to determine, and a flat rate development levy such as a section 94A levy is more appropriate.

The former Greater Taree LGA is a predominantly rural area, with some residential, industrial and commercial land use. It encompasses a total land area of 3,752 square kilometres, of which a large proportion is State Forest and National Park, including beaches, coastline, waterways and mountains. Much of the rural area is used for timber getting and agriculture, with dairy and beef production being the main agricultural pursuits.2

The LGA has two main townships with many small villages and localities. The largest town is Taree, followed by Wingham, with other major population centres being Old Bar, Harrington and Hallidays Point. New development is likely to be focused on these areas, as well as the Brimbin New Town located north-east of Taree which has been rezoned to permit development including residential and employment.3

These expected developments, and the retail, commercial and employment-related developments that will service the growing population, will increase the demand for public amenities and services in the local area. This plan is to allow Council to receive monetary contributions for the Local Infrastructure upgrades that will be required to meet those demands.

2 Profile.id (undated), Greater Taree City Community Profile 2011, http://profile.id.com.au/greater-taree, accessed on 21 October 2015 3 ibid.


http://profile.id.com.au/greater-taree


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4. Works program The following pages include:

a Local Infrastructure works schedule containing costs and staging details

maps showing the location of the Local Infrastructure items that will be provided using contributions received from developers under this plan


Contribution rate comparison

Contribution area

Contribution rate

Per additional dwelling or lot (excluding commercial

and industrial) Percentage

change

Total developer contributions payable

per dwelling or lot (including MidCoast Water contribution) 1

What has caused the change in contribution rate? Current

New (includes LGA wide

component of $2,987)

Percentage change in

contribution from current to

new rate Current New

Old Bar Precinct 2B $19,937.52 $14,851 - 25% $35,769.52 $30,683

Revised costings that are based on actual construction costs and inclusion of more infrastructure including: Internal roads and traffic control within

precinct 2B and 3 ($4.381 million or $2,482 per lot)

Staged upgrade of Old Bar Road ($10.936 million or $5,156 per lot)

Expansion of Trad Sporting Fields at Old Bar ($1.6 million or $754 per lot)

Staff report 7 - Attachment (iii)

Old Bar Precinct 3 $19,582.62 $17,961 - 8% $35,414.62 $33,793

Revised costings that are based on actual construction costs and inclusion of more infrastructure including: Internal roads and traffic control within

precinct 2B and 3 ($3,322 million or $1,725 per lot)

Road and intersection upgrades within precinct 3 ($4.010 million or $4,205 per lot)

Staged upgrade of Old Bar Road ($10.936 million or $5,156 per lot)

Expansion of Trad Sporting Fields at Old Bar ($1.6 million or $754 per lot)

Old Bar Remainder

This area pays s94A which is a percentage of the development costs. $9,577 - - $25,409

Revised costings that are based on actual construction costs and inclusion of more infrastructure including: Staged upgrade of Old Bar Road ($10.936

million or $5,156 per lot) Expansion of Trad Sporting Fields at Old Bar

($1.6 million or $754 per lot)

Wingham $7,395.93 $6,146 - 17% $23,227.93 $21,978

Inclusion of more infrastructure including: Wingham Road and Youngs Road

intersection upgrade ($390,000 or $1,476 per lot)

CBD beautification works ($2 million or $771 per lot)

Cycle/walkway to Wingham Sporting Complex ($1.125 million or $434 per lot)

Harrington-Crowdy Head $9,368.70 $6,195 - 34% $25,200.70 $22,027

Inclusion of more infrastructure including: Harrington Road upgrades ($1.230 million or

$2,350 per lot) Harrington foreshore pathway and

improvements ($625,000 or $585 per lot)


Hallidays Point $8,343.72 $6,143 - 26% $24,175.72 $21,975

Inclusion of more infrastructure including: Blackhead Road upgrades ($560,000 or $514

per lot) Old Soldiers Road upgrades ($600,000 or

$627 per lot) Sporting field construction ($1.815 million or

$1,897 per lot)

Taree-Cundletown $7,650.75 $3,724 - 51% $23,482.75 $19,556

Inclusion of more infrastructure including: Wingham Road upgrades ($5.36 million or

$554 per lot) Sporting field and park upgrades ($1.664

million or $172 per lot)

Remainder of former Greater Taree City Council LGA $2,442.06 $2,987 22% $18,724.06 $18,819

This area hasn’t previously been levied, though it is compared against the Greater Taree levy for comparison. The new levy is based on the LGA wide rate, which now includes large infrastructure projects like: Cultural precinct upgrade ($2.5 million or $87

per lot) Multi purpose outdoor stadium at Taree

recreation grounds ($6 million or $244 per lot) Wingham Sporting Complex Expansion ($3

million or $105 per lot) Crowdy Head Road upgrade ($4.5 million or

$650 per lot) Wingham Road upgrades ($9.395 million or

$810 per lot)


Documents

Greater Taree Section 94 Contributions Plan 2016 · Heavy Haulage Development, as defined in section 2.1 5.12 cents per tonne of hauled material per kilometre of haul road Taree CBD