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Development contributions are contributions made by those undertaking development approved under the Environmental Planning and Assessment Act 1979 (the Act).
Contributions may be in the form of money, the dedication of land or some other material public benefit (or a combination of these). The mechanisms available for development contributions are limited to: • In the case of contributions made under Sections 7.11 or 7.12 of the Act - toward the provision or improvement of amenities or services (or the recouping of the cost of provision or improvement of amenities or services), or • In the case of contributions made under a planning agreement prepared in accordance with Sections 7.4-7.10 of the Act toward public purposes. The Plan deals with Section 7.12 contributions. Sections 7.11 and 7.12 of the Act provide Council the means to levy contributions towards the cost of public facilities and services to meet the increased demand created by development. In the case of Section 7.11 contributions, there has to be a direct nexus between the development being levied under section 7.11 and the need for the public amenity or service (infrastructure) for which the contribution is required. Section 7.12 contributions do not require a nexus between the development, infrastructure and the contribution. A condition of development consent may be imposed by Council with a requirement that the applicant pay a levy based on a percentage of the proposed cost of carrying out the development. A condition under Section 7.12 that is allowed by and determined in accordance with a contributions plan may not be disallowed or amended by the Court on appeal.
The monies collected will assist Council towards the provision, extension or augmentation of public amenities or public services.
Click here to download the Section 7.12 Contribution Plan
Last Updated: 10 Nov 2021