Greater Taree Section 94 Contributions Plan 2016 · 2016-11-17 · Greater Taree Section 94...

Greater Taree Section 94 Contributions Plan 2016

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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 12

2.7 Development exempted from contributions under this plan 12

2.8 Relationship to other contributions plans 13

2.9 Monetary contribution may be required as a condition of development consent 13

2.10 Dedication of land free of cost may be required as a condition of consent 14

2.11 Planning agreements 14

2.12 Obligations of accredited certifiers 14 2.12.1 Complying development certificates 14 2.12.2 Construction certificates 16

2.13 Variation to contributions authorised by this plan 16

2.14 Indexation of contribution rates included in this plan 16

2.15 Indexation of monetary contributions at time of payment 17

2.16 Timing of payment of monetary contributions 17

2.17 Policy on deferred or periodic payments 17

2.18 Pooling of monetary contributions 18

2.19 Accountability and access to information 18

2.20 Savings and transitional arrangements 18

3. Local Infrastructure demands and strategies 19

3.1 Area context 19

3.2 Expected development 19

3.3 Population characteristics 21

3.4 Old Bar development and population 23


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3.5 Infrastructure demands 24

3.6 Infrastructure strategies 24 3.6.1 LGA-wide infrastructure 24 3.6.2 Old Bar infrastructure 25 3.6.3 Hallidays Point, Harrington-Crowdy Head, Taree-Cundletown and Wingham

infrastructure 29 3.6.4 Roadworks attributable to Heavy Haulage Development 30 3.6.5 Car parking in Taree CBD 33 3.6.6 Plan management and administration 34

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 Greater Taree area is likely to receive development in the future that impacts on the quality

and standard of Local Infrastructure provided by Mid-Coast Council (Council). Local

Infrastructure includes recreation facilities, roads, public car parks and community facilities.

Council wishes to promote economic development of the Greater Taree area, 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 and

would result in an increase in the existing gross floor area on the site of more than 5 percent, 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 Greater Taree area 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 ‘Greater Taree area’ 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 Greater Taree 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 levies that are required by and

collected under this plan.


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1.2 Summary of contribution rates

Table 1 Section 94 contribution rates

Contribution catchment / infrastructure type $ rate

1. per 1 or 2 bedroom dwelling

2. per secondary dwelling

3. per seniors housing dwelling

4. per long term residence site in a caravan park

5. per manufactured home site in a manufactured home estate

6. per residential lot

7. per dwelling house

8. per residential dwelling with 3 or more bedrooms

Old Bar Precinct 2B

(refer Figure 2)

Local facilities $7,804.95 $11,863.53

Greater Taree facilities $2,217.62 $3,370.79

Total $10,022.57 $15,234.32

Old Bar Precinct 3

(refer Figure 2)



Total $11,561.10 $17,572.88

Old Bar Remainder

(refer Figure 2)



Total $6,552.79 $9,960.24

Wingham

(refer Figure 3)



Total $4,295.74 $6,529.53

Harrington-Crowdy Head

(refer Figure 4)



Total $4,328.39 $6,579.16

Hallidays Point

(refer Figure 5)



Total $7,244.29 $11,011.34

Taree – Cundletown

(refer Figure 6)

Local facilities $484.74 $736.80


Total $2,702.36 $4,107.59

Remainder of Greater Taree area

(refer Figure 8)



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Contribution catchment / infrastructure type $ rate

Heavy Haulage Development, as defined in section 2.1

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

Taree CBD car parking

(refer Figure 7) $16,500 per car parking space

Notes:

* Also refer to development exclusions identified in Section 2.7

Figure 2 Old Bar contributions areas


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Figure 3 Wingham contributions area

Figure 4 Harrington-Crowdy Head contributions area


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Figure 5 Hallidays Point contributions area

Figure 6 Taree – Cundletown contributions area


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Figure 7 Taree CBD parking contributions area

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 Section 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


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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 two ways:

(a) If the existing development is a type of development listed in column 1 of Table 2 over

page then the occupancy rates included in column 2 of 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.

(b) 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

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 and 2 bedroom dwellings; secondary dwellings; self-contained dwellings in seniors housing developments

1.5 persons per dwelling

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 site

Residential lot containing, or capable of containing, a dwelling house; dwelling houses, dwellings containing 3 or more bedrooms; exhibition homes

2.28 persons per lot or dwelling

All residential developments affected by this plan will be subject to a contribution for ‘Greater

Taree area’ 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 Greater Taree area

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


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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 the former Greater Taree City

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.

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 Mid-Coast Council.

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

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

Greater Taree area means that land shown in Figure 8 of this plan.

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 Greater Taree area.

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,


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

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 section 94A 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

To describe the Local Infrastructure that will be provided by Council using the contributions


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 or the effective date advised on the public notice.

2.5 Land to which this plan applies

This plan applies to all land within the Greater Taree area as shown in Figure 8. This area

correlates to the former Greater Taree LGA that existed immediately prior to the amalgamation of

Greater Taree, Great Lakes and Gloucester Shire Councils to form Mid-Coast Council on 12 May

2016.


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Figure 8 Land to which this plan applies

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

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 Section 94 Contributions Plan 2001

Wingham Section 94 Contributions Plan 2001

Old Bar Section 94 and 94A Contributions Plan 2010

Open Space - Section 94 Contributions Plan (1992)

Stormwater Drainage - Section 94 Contributions Plan (1992)

Spence/Deb Street Local Drainage - Section 94 Contributions Plan (1992)

Flood Mitigation Work at Harrington - Section 94 Contributions Plan (1992)

Roads - Section 94 Contributions Plan (1992)

Taree City Centre Embellishment and Traffic Management Facilities - Section 94

Contributions Plan (1992)

Old Bar Commercial Area Traffic Management Facilities - Section 94 Contributions Plan

(1992)

Car Parking - Section 94 Contributions Plan (1992)

Streetscape - Section 94 Contributions Plan (1992)

Fire Fighting Resources - Section 94 Contributions Plan (1992)

Community Facilities - Section 94 Contributions Plan (1992)

Wingham Traffic Management - Section 94 Contributions Plan (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:


and / or


Infrastructure.

Accredited certifiers should also refer to Section 2.12 of this plan as to their obligations in

assessing and determining applications.


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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:


and / or


Infrastructure.

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:

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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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.

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 Greater Taree City 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


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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.

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.


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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.

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

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

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 twelve (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,


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issue or other matter relating to the development consent or the carrying out of

development in accordance with the development consent

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.

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 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 Greater Taree area

The infrastructure demands that will be generated by that development

The approach to determining contribution rates for the different types of Local Infrastructure

included in this plan.

3.1 Area context

The Greater Taree area 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 area 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 forming within Greater Taree 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 Greater Taree area.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 Greater Taree area facilities.

The Greater Taree area 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


Page 20

Table 3 shows the projected growth of dwellings across the Greater Taree area’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 Greater Taree area projected dwelling growth by local area, 2016-2031

Local area 2016 dwellings 2031 dwellings Change

Brimbin 64 1,924 1,860

Crowdy - Harrington-Crowdy Head - Johns River

2,012 2,648 636

Cundletown 685 805 120

Hallidays Point 2,135 3,344 1,209

Old Bar - Wallabi 2,314 3,286 972

Old Bar Balance 1,130 1,344 214

Taree 8,243 9,714 1,471

Taree Balance 2,334 2,573 239

Wingham 2,265 2,548 283

Wingham Balance 2,185 2,410 225

Greater Taree area 23,367 30,596 7,229

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.


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

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



Page 21

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 Greater Taree area.

Table 4 shows the distribution of projected population growth across the Greater Taree area.

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 Greater Taree area projected population growth by local area, 2016-2031

Local area 2016 population 2031 population Change

Brimbin 177 6,776 6,599

Crowdy - Harrington-Crowdy Head - Johns River

3,375 4,568 1,193

Cundletown 1,811 2,019 208

Hallidays Point 4,034 6,216 2,182

Old Bar - Wallabi 4,732 6,365 1,633

Old Bar Balance 2,325 2,595 270

Taree 17,825 20,041 2,217

Taree Balance 5,382 5,856 475

Wingham 5,310 5,912 602

Wingham Balance 4,561 4,955 394

Greater Taree area 49,531 65,304 15,773


The Greater Taree area’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 Greater Taree 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 Greater Taree area 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




Page 22

Table 5 Greater Taree area expected age profile, 2016 and 2031

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


The current dominant household type in the Greater Taree area 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.



Page 23


Figure 10 Greater Taree area 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 3,444 7,057

Future growth:

Precinct 2B 1,400 3,192

Precinct 3 526 1,199

Old Bar remainder 195 445

Sub total 2,121 4,836

Total Old Bar current and future 5,565 11,893



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3.5 Infrastructure demands

The expected development across the Greater Taree area 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

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 Greater Taree area infrastructure

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

serving the Greater Taree area.

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)

Surf life saving facilities.

Nexus and apportionment

The need for the Greater Taree area infrastructure arises either solely as a result of the expected

development across the Greater Taree area 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 Greater Taree area

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

Greater Taree area infrastructure

$43,190,457 $1,478.42

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

apportioned to the growth population.

The contribution formula for Greater Taree area infrastructure can be expressed as:

Contribution per resident ($) = ∑ (

$INF x %AF

)

P

Where:

$INF = the estimated cost, or if the facility has been completed, the indexed actual cost, of

providing each of the Greater Taree area 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).

P = The expected growth in the resident population of the Greater Taree area between

2016 and 2031 (refer to Table 4).

To determine the total contribution for Greater Taree area 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


Page 26

Open space, and recreation facilities

Community facilities

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).

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.

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


Page 27

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.

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 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

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


Page 28

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

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 $26,176,094 $5,203.30 $6,228.99 $2,890.11

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:


$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.




Page 29

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.

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

Pathway connecting villages

Harrington-Crowdy Head infrastructure Upgrades to Harrington 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 main access road - Wingham Road

Streetscape improvements in town centre

New footpaths and cycleways

Pathway to Wingham Sporting Complex


Table 10 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.


Page 30

Table 10 Summary of infrastructure costs and contribution rates

Infrastructure cost Contribution per resident

Harrington-Crowdy Head $2,854,000 $1,407.18

Hallidays Point $9,062,500 $3,351.12

Taree-Cundletown $7,023,750 $323.16

Wingham $4,148,000 $1,385.41

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:


$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).


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 5.16 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.


Page 31


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.

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 Greater Taree area.

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 Greater Taree area, 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:

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


Page 32

2.7 cents per t.km X

Sydney CPI (June quarter 2016)

Sydney CPI (June quarter 1990)

= 2.7 cents per t.km X

109.3

57.2

= 5.16 cents per tonne per kilometre

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 Greater Taree area 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)

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

Greater Taree area, the contribution amount that would be imposed on the development consent

would be:

5.5 km X 5.16 cents per tonne per kilometre

= 28.38 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.


Page 33

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.

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

The Greater Taree area’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 existing public

car parks at Connell Place and at the Manning Regional Art Gallery.


Page 34

The infrastructure includes the acquisition of land for the Connell Place facility and the

construction of 76 additional at-grade car parking spaces at both sites. 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 car park projects will however provide an excess of spaces for these

developments. As a result, Council will also require residential developments throughout the

Greater Taree area to pay for some of the cost of the facility through a contribution toward Greater

Taree area infrastructure.

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 $9,868

Construction $504,000 $6,632

TOTAL $1,254,000 $16,500

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 ($1,254,000)

S = The additional parking spaces provided (i.e. 76)


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.


Page 35

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.

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.

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 future development, 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.

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


Page 36

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

schedules.


APPENDIX A

Infrastructure schedules and location maps


Apportionment types

A 2031 total population of catchment

B 2016-2031 growth population of catchment

C Anticipated growth population of catchment (not date specific)

D Existing population of catchment plus anticipated growth population (not date specific)


Greater Taree area works

Ref Item Location Description Works cost Land acquisition

cost

Total land and

works cost

Apportionment

type

%

Apportionment

to growth

population

Contribution

rate per person Priority Staging/timing

GT1 Harrington foreshore shared pathway Bowling Club to park (first house) 400m x 2.6m wide concrete shared pathway includes

raised boardwalk

$ 400,000 $ - $ 400,000 A 24% $ 6.13 Medium 2026-31

GT2 Harrington foreshore shared pathway Breakwall to first house on Beach Street 300m x 2.6m wide concrete shared pathway $ 150,000 $ - $ 150,000 A 24% $ 2.30 High 2016-21

GT3 Crowdy Head Road upgrade From Beach Street to boat ramp Road shoulder widening 7m carriageway, 10m formation

with sealed shoulders including on road shared path and

associated drainage. Cost does not include renewal

component of the works ($4.5 million) which will be met

from sources apart from section 94 contributions).

$ 4,500,000 $ - $ 4,500,000 B 100% $ 285.30 Low 2026-31

GT4 Crowdy Head cycleway Harrington Big 4 Caravan Park to Crowdy

Head Harbour via old tram line

Off road shared pathway - 3m wide and 6km long $ 2,300,000 $ - $ 2,300,000 A 24% $ 35.22 Low After 2031

GT5 Wingham Road upgrade Cedar Party Creek bridge and Combined

Street / Wynter Street intersection

Two lane concrete bridge on same alignment adjacent to

existing bridge and with improved flood proofing.

$ 5,000,000 $ - $ 5,000,000 A 24% $ 76.57 High 2016-21

GT6 Taree CBD car parking Between art gallery and Connell Place car

park

Purchase of land and extension of Connell Place car park

across church grounds to connect with the upgraded art

gallery car park.

$ 200,000 $ 750,000 $ 950,000 A 24% $ 14.55 Low 2026-31

GT7 Traffic upgrades - Taree CBD Manning Street and Albert Street

intersection

Traffic lights at intersection $ 950,000 $ - $ 950,000 A 24% $ 14.55 Medium 2021-26

GT8 Traffic upgrades - Taree CBD Commerce Street and High Street

intersection

Traffic lights at intersection $ 1,150,000 $ - $ 1,150,000 A 24% $ 17.61 Low 2026-31

GT9 Taree Recreation Ground Keith Coleman Drive off Manning River

Drive, Taree

Stadium $ 7,000,000 $ -

$ 7,000,000 A 24% $ 107.19 Low After 2031

GT10 Wingham Sporting Complex expansion Coglan Avenue, Wingham Expansion and upgrade will include change rooms and

amenity buildings.

$ 3,000,000 $ -

$ 3,000,000 A 24% $ 45.94 Low After 2031

GT11 Manning Regional Art Gallery Macquarie Street, Taree Expansion of the carpark and provision of an art market

space.

$ 304,000 $ -

$ 304,000 A 24% $ 4.66 High 2016-21


Drive, Taree

Grandstand with overhanging roof $ 2,000,000 $ -

$ 2,000,000 A 24% $ 30.63 Low After 2031

GT13 Shared pathway Harry Bennett Park to River Street From western end of Harry Bennett Park, under 'Band

Hall' zig zag across Church land (easement) to River

Street @ 3m wide 100m long

$ 100,000 $ - $ 100,000 B 100% $ 6.34 High 2016-21

GT14 Lakes Way upgrade From 100m south Chelmsbrook Drive to

300m north Chelmsbrook Drive

Road shoulder widening 7.4m carriageway, 11m

formation with sealed shoulders and drainage. Cost does

not include renewal component of the works ($400,000)

which will be met from sources apart from section 94

contributions.

$ 300,000 $ - $ 300,000 B 100% $ 19.02 High 2016-21

GT15 Wingham Road upgrade Bushland Drive to Cedar Party Road Upgrade and widening 7m carriageway, 11m formation

with sealed shoulders and parking one side. K&G and

piped stormwater drainage. Cost does not include

renewal component of the works ($640,000) which will

be met from sources apart from section 94

contributions.

$ 960,000 $ 427,500 $ 1,387,500 B 100% $ 87.97 Medium 2021-26


cost

Total land and

works cost

Apportionment

type

%

Apportionment

to growth

population

Contribution


GT16 Wingham Road upgrade Hargreaves Dr to Kolodong Road West Road shoulder widening 7 m carriageway, 9.4m ( 1.2m

shoulder each side) formation with sealed shoulders and

drainage. Cost does not include renewal component of

the works ($672,000) which will be met from sources

apart from section 94 contributions.

$ 1,008,000 $ - $ 1,008,000 B 100% $ 63.91 Medium 2021-26

GT17 Intersection lighting Various The Lakes Way

Talabah Close intersection(F)

Bluedell Place intersection(F)

Tallwood Drive intersection(F)

Chelmsbrook Drive Intersection(F)

Red Oak Road Intersection(F)

Spicers Road Intersection (F)

Blackhead Road

Federation Drive Intersection(F)

Old Bar Road

Malcolms Road intersection(M)

Crows Nest Road Intersection(F)

Pampoolah Road intersection(M)

Half Chain Road intersection(F)

Metz Road intersection(F)

Berady Lane intersection(F)

Wingham Road

Kolodong Road(East) intersection(M)

Youngs Road intersection(F)

Harrington Road

Christies Lane intersection( F)

Industrial Road intersection(F)

Longworths Road intersection(F)

Installation of street lighting at intersections along

major roads. Flag light(F) at minor intersections and

Major intersection lighting(M) in accordance with

Australian standards.

$ 600,000 $ - $ 600,000 A 24% $ 9.19 Medium When funds are

available

GT18 Manning River Drive upgrade Northbound lane from Masters

roundabout to Cubba Cubba Creek

Construction of additional 3.5m lane northbound

including Stitts Creek bridge widening - 1.6km

$ 1,450,000 $ - $ 1,450,000 B 100% $ 91.93 Low 2026-31

GT19 Lakes Way upgrade Spicers Road to Red Oak Road Road shoulder widening 7.4m carriageway, 11m

formation with sealed shoulders and drainage - 400m.

Cost does not include renewal component of the works

($400,000) which will be met from sources apart from

section 94 contributions.

$ 300,000 $ - $ 300,000 B 100% $ 19.02 High 2016-21

GT20 Taree Park Macquarie, Albert, Florence and Wynter

Streets, Taree

Installation of flood lighting $ 350,000 $ - $ 350,000 A 24% $ 5.36 Medium 2021-26

GT21 Taree Recreation Ground Carpark Recreation Lane, Taree Recreation

Grounds

Additional car parking to meet population growth needs $ 750,000 $ - $ 750,000 B 100% $ 47.55 Medium 2026-31

GT22 Manning Entertainment Centre cultural

precinct

Manning River Drive Upgrading the Manning Entertainment Centre to ensure

that the centre can accommodate larger conferences

/events, act as a multi-purpose facility and

accommodate the future growth of the LGA. It will

provide a bigger cultural space for subsidiary groups of

the Manning Entertainment Centre.

$ 2,500,000 $ - $ 2,500,000 A 24% $ 38.28 Medium 2026-31

GT23 Taree Library Victoria Street, Taree Library. 1/2 costs carried over from 2001 plan $ 850,000 $ - $ 850,000 B 100% $ 53.89 High 2016-21

GT24 Library bookstock Various libraries Provision of 2.2 books per person $ 1,009,777 $ - $ 1,009,777 B 100% $ 64.02 Medium When funds are

available

GT25 Surf life saving facilities Crowdy Head, Taree-Old Bar & Black Head Various appliances and equipment - REFER ATTACHED

SHEET

$ 216,180 $ - $ 216,180 B 100% $ 13.71 High When funds are

available

GT26 Wingham Road upgrade Commerce Street intersection Channelisation to prioritise Wingham Road $ 1,000,000 $ - $ 1,000,000 B 100% $ 63.40 Medium 2021-26


cost

Total land and

works cost

Apportionment

type

%

Apportionment

to growth

population

Contribution


GT27 Wingham Road upgrade Cedar Party Road intersection Intersection improvements which could be a single

roundabout or channelisation. 5,500m2 acquisition

required.

$ 1,000,000 $ 165,000 $ 1,165,000 B 100% $ 73.86 High 2016-21

GT28 Old Soldiers Rd construction Intersection with Lakes Way Dual lane concrete roundabout $ 2,500,000 $ - $ 2,500,000 B 100% $ 158.50 Low 2026-31

GT29 Plan administration and management $ 21.85

TOTALS $41,847,957 1,342,500$ 43,190,457$ 1,478.42$


Surf Life Saving Club Works

Surf Life Saving

Club

Item Number

of items

Estimated item

cost

Total item cost Priority Staging/timing

Crowdy Head Digital radios 3 2,000$ 6,000$ High 2016-21

Crowdy Head Smart tablet 2 1,500$ 3,000$ High 2016-21

Crowdy Head Shark/observation tower 1 40,000$ 40,000$ High 2016-21

Crowdy Head Digital radios 3 2,000$ 6,000$ Medium 2021-26

Crowdy Head Smart tablet 1 1,500$ 1,500$ Medium 2021-26

Crowdy Head 4WD rescue vehicle 1 30,000$ 30,000$ Medium 2021-26

Total cost for club: 86,500$

Taree Old Bar Building expansion to accommodate First Aid Room 1 40,000$ 40,000$ Medium 2021-26

Taree Old Bar Additional Mobile Patrol Base 1 40,000$ 40,000$ Medium 2021-26

Taree Old Bar IRB 1 14,000$ 14,000$ High 2016-21

Taree Old Bar IRB motor 1 3,000$ 3,000$ High 2016-21

Taree Old Bar Rescue boards 1 2,000$ 2,000$ High 2016-21

Taree Old Bar Rescue tubes 1 300$ 300$ High 2016-21

Taree Old Bar First Aid Kits 2 1,000$ 2,000$ High 2016-21


Black Head IRB 1 14,000$ 14,000$ High 2016-21

Black Head IRB motor 1 3,000$ 3,000$ High 2016-21

Black Head Rescue boards 2 1,095$ 2,190$ High 2016-21

Black Head Rescue boards 2 1,095$ 2,190$ High 2016-21

Black Head Digital radios 7 1,000$ 7,000$ High 2016-21



Old Bar works


cost

Total land and

works cost

Apportionment

type

Precinct 2B

Residential %

apportionment

Precinct 3

Residential %

apportionment

Old Bar

Residential

remainder %

apportionment

Contribution

rate per person

(Precinct 2B)

Contribution

rate per person

(Precinct 3)

Contribution

rate per person

(Remainder)

Priority Staging/timing

OB1 Staged upgrade of Old Bar Road - shoulder

widening

From Pacific Hwy to west boundary of

Precinct 2B

2m shoulder widening to include 1m (minimum) sealed

shoulder full length. Cost does not include renewal

component of the works ($5.2 million) which will be met

from sources apart from section 94 contributions.

$ 4,550,000 $ - $ 4,550,000 C: All Old Bar 66% 25% 9% $ 940.88 $ 940.88 $ 940.88 High When funds are

available

OB2 Staged upgrade of Old Bar Road -

Saltwater Road Intersection Upgrade

Saltwater Road Intersection Construction of a two lane concrete roundabout to

AustRoads standard including realignment of Red Gum

Road

$ 2,500,000 $ 87,500 $ 2,587,500 C: All Old Bar 66% 25% 9% $ 535.06 $ 535.06 $ 535.06 Medium 2021-26

OB3 Upgrade Old Bar Road Precinct 2B Full length of road corridor within Precinct

2B

In accordance with typical cross sections $ 3,500,000 $ 298,935 $ 3,798,935 C: All Old Bar 66% 25% 9% $ 785.57 $ 785.57 $ 785.57 Medium 2026-31

OB4 Shade structure Old Bar Road Shade structure potentially over Old Bar Park skate park

or another suitable site.

$ 50,000 $ - $ 50,000 C: All Old Bar 66% 25% 9% $ 10.34 $ 10.34 $ 10.34 High 2016-21

OB5 Formalisation of pedestrian paths through

Old Bar Park

Old Bar Park 2m wide gravel path 1700m $ 45,000 $ - $ 45,000 C: All Old Bar 66% 25% 9% $ 9.31 $ 9.31 $ 9.31 High 2016-21

OB6 Internal Subdivision Road - Oyster Creek

Corridor crossing (North)

Northern Oyster Creek Corridor crossing -

extension of Banyula Road

Causeway / bridge combination $ 1,000,000 $ 59,570 $ 1,059,570 C: P2B 100% $ 331.95 $ - $ - Medium 2021-26

OB7 Town Centre Traffic Control Signals Old Bar Road / internal north to south

collector road

Install traffic lights in accordance with AustRoads and

RMS requirements

$ 1,000,000 $ - $ 1,000,000 C: P2B and P3 73% 27% $ 227.72 $ 227.72 $ - Medium 2021-26

OB8 Oyster Creek Roundabout Old Bar Road / Collector Road on the

western boundary of the Oyster Creek

Corridor

Construction of a single lane concrete roundabout to

AustRoads standard

$ 1,500,000 $ - $ 1,500,000 C: P2B and P3 73% 27% $ 341.59 $ 341.59 $ - Medium 2021-26

OB9 Internal Subdivision Road - Oyster Creek

Corridor crossing (South)

Southern Oyster Creek Corridor crossing -

internal north to south collector road

Causeway / bridge combination $ 700,000 $ 121,927 $ 821,927 C: P2B and P3 73% 27% $ 187.17 $ 187.17 $ - Medium 2021-26

OB10 Neighbourhood Park Town Centre immediately South of Old

Bar Road

R1 (Town Park with toilets, car parking and landscaping)

and OS1 (Neighbourhood Park) from 2010 plan

$ 1,302,000 $ 164,056 $ 1,466,056 C: P2B and P3 73% 27% $ 333.86 $ 333.86 $ - Medium When funds are

available

OB11 Local Park North of Old Bar Road, East of Oyster

Creek

R2 (Local Park - Playground, shelter, BBQ, benches,

signage) and OS2 (Local Park) from 2010 plan

$ 264,022 $ 375,209 $ 639,232 C: P2B and P3 73% 27% $ 145.57 $ 145.57 $ - Medium When funds are

available

OB12 Local Park North of Old Bar Road, West of Oyster

Creek

R3 (Local Park - Playground, shelter, BBQ, benches,



available

OB13 Local Park Mid Precinct 2B, West of Oyster Creek R4 (Local Park - Playground, shelter, BBQ, benches,



available

OB14 Sydney Peppermint Gum Reserve Southeast corner of Precinct 2B R5 (Peppermint Park - Play area, benches, shelter,

signage and car parking) and OS5 (Sydney Peppermint

Gum Reserve) from 2010 plan

$ 483,764 $ 704,433 $ 1,188,197 C: P2B and P3 73% 27% $ 270.58 $ 270.58 $ - Medium When funds are

available

OB15 Northern Local Park Adjoining northern corridor park R10 (Northern Corridor Park) and OS10 (Northern Local

Park) from 2010 plan


available

OB16 District park link road, Precinct 3, Old Bar From Forest Lane Roundabout. Cost does not include renewal component

of the works ($500,000) which will be met from sources

apart from section 94 contributions.

$ 500,000 $ - $ 500,000 C: P3 100% $ - $ 416.92 $ - Medium 2021-26

OB17 Forest Lane - Road Upgrade Forrest Lane west of 66 Forest Lane to

Saltwater Road

Upgrade and construct 9m wide sealed road including

culverts and associated road drainage - 600m. Cost does

not include renewal component of the works ($510,000)

which will be met from sources apart from section 94

contributions.

$ 510,000 $ - $ 510,000 C: P3 100% $ - $ 425.26 $ - High 2016-21

OB18 Forest Lane - Intersection Upgrade Intersection with Saltwater Road Construction of a single lane concrete roundabout to

AustRoads standard

$ 600,000 $ - $ 600,000 C: P3 100% $ - $ 500.30 $ - Medium 2021-26

OB19 Old Bar Library Old Bar Road Construction of a 300m2 library which will provide a

greatly enhanced range of facilities, services and

programs

$ 2,000,000 $ - $ 2,000,000 D 27% 10% 4% $ 168.17 $ 168.17 $ 168.17 Medium When funds are

available

OB20 Subsoil drainage upgrade Old Bar

sportsfields

Old Bar Park Subsoil drainage improvements $ 325,000 $ - $ 325,000 C: All Old Bar 66% 25% 9% $ 67.21 $ 67.21 $ 67.21 High 2016-21

OB21 Old Bar district sporting fields. Trad Fields Southern end of Bluehaven Drive District sporting fields $ 1,200,000 $ 400,000 $ 1,600,000 C: All Old Bar 66% 25% 9% $ 330.86 $ 330.86 $ 330.86 Medium When funds are

available

OB22 Plan administration and management $ 76.90 $ 92.05 $ 42.71

TOTALS $ 23,186,625 $ 2,989,469 $ 26,176,094 $ 5,203.30 $ 6,228.99 $ 2,890.11


Wingham works

Ref Item Location Description Works cost

Land

acquisition

cost

Total land and

works cost

Apportionment

type

%

Apportionment

to Growth

Contribution

rate per personPriority Staging/timing

W1 CBD improvements Isabella Street, Wingham Construct infrastructure identified on the CBD

Beautification Plan

$ 2,000,000 $ - $ 2,000,000 A 10% $ 338.27 Medium When funds are

available

W2 Shade structures over Apex Park

playground equipment

McPherson Street, Wingham Shade structure $ 35,000 $ - $ 35,000 A 10% $ 5.92 Low 2026-31

W3 Abbott Street Reserve Abbott Street, Wingham Shade structure $ 30,000 $ - $ 30,000 A 10% $ 5.07 Medium 2026-31

W4 Wingham Road upgrade Youngs Road intersection Channelisation and intersection improvements $ 390,000 $ - $ 390,000 B 100% $ 647.34 Medium 2021-26

W5 Murray Road footpath 79 Murray Road to Moon Street rail

overpass

950m concrete footpath 2m wide $ 285,000 $ - $ 285,000 A 10% $ 48.20 High 2016-21

W6 Wingham Road footpath 1032 Wingham Road to Cedar Party Creek

bridge

760m concrete footpath 2m wide $ 228,000 $ - $ 228,000 A 10% $ 38.56 Low After 2031

W7 Shade structures over Central Park

playground equipment

Lot 1 Isabella Street, Wingham Shade structure $ 45,000 $ - $ 45,000 B 100% $ 74.69 High 2016-21

W8 Central Park playground Lot 1 Isabella Street, Wingham Maintenance completed in August 2015 to repaint the

playground equipment and gives the equipment an extra

20 years life

$ 10,000 $ - $ 10,000 B 100% $ 16.60 High 2016-21

W9 Wingham Sporting Complex

cycle/walkway to CBD

Complex to CBD via Comboyne Road, Flett

Street and Primrose Street

2.5km of 3m offroad concrete shareway $ 1,125,000 $ - $ 1,125,000 A 10% $ 190.28 Medium 2026-31

W10 Plan administration and management $ 20.47

TOTALS $ 4,148,000 $ - $ 4,148,000 $ 1,385.41


Harrington - Crowdy Head works


cost

Total land and

works cost

Apportionment

type

%

Apportionment

to Growth

Contribution


H1 Harrington Road upgrade Tappin Creek bridge to Cattai Creek

bridge

Road shoulder widening 7 m carriageway, 9.4m (1.2m

shoulder each side) formation with sealed shoulders and

drainage - 2.2km. Cost does not include renewal

component of the works ($1.85 million) which will be

met from sources apart from section 94 contributions.

1,230,000$ -$ 1,230,000$ B 100% 1,030.88$ Medium 2021-26

H2 Playground and shade structure at

Diamantina Circuit

Lot 2521 Diamantina Circuit Harrington Installation of a local playground and shade structure 70,000$ -$ 70,000$ A 26% 15.32$ High 2016-21

H3 Harrington foreshore shared pathway Wards Creek footbridge Footbridge over Wards Creek. This item is costed to be

constructed in conjunction with H4.

125,000$ -$ 125,000$ A 26% 27.36$ Medium 2026-31

H4 Wards Creek bridge upgrade Wards Creek Realigned approaches and construct new 8m wide

concrete bridge

700,000$ -$ 700,000$ A 26% 153.23$ Medium 2026-31

H5 Shared pathway connection Beach Street to connect near pathway

near rear of 10 Sovereign Avenue,

Harrington

120m of 3m wide shared pathway @ $150 per sqm 54,000$ -$ 54,000$ A 26% 11.82$ High 2016-21

H6 Harrington foreshore improvements Breakwall to first house on Beach Street Construct infrastructure identified on the Harrington

Foreshore Concept Plan

500,000$ -$ 500,000$ A 26% 109.45$ Medium When funds are

available

H7 Flood lighting at Esmond Hogan Park Corner of Nicholson Street and Hogan

Street

Installation of flood lighting 175,000$ -$ 175,000$ A 26% 38.31$ Low 2026-31

H8 Plan management and administration 20.80$

TOTALS 2,854,000$ -$ 2,854,000$ 1,407.18$


Taree and Cundletown works


cost

Total land and

works cost

Apportionment

type

%

Apportionment

to growth

Contribution

rate per personPriority Staging/timing

T1 Wingham Road upgrade Muldoon Street intersection Dual lane concrete roundabout $ 2,500,000 $ 60,000 $ 2,560,000 A 11% $ 116.04 Low 2026-31

T2 Wingham Road upgrade Hargreaves Drive and Marie Avenue

intersection

Dual lane concrete roundabout. This item is costed to be

constructed in conjunction with T3.

$ 2,500,000 $ 2,500,000 A 11% $ 113.32 Medium 2021-26

T3 Hargreaves Drive realignment Arkwright Crescent to Wingham Road Realign and construct industrial road - 200m. This item is

costed to be constructed in conjunction with T2.

$ 300,000 $ 300,000 A 11% $ 13.60 Medium 2021-26

T4 Taree to Cundletown shared pathway Manning River Drive from Recreation

Ground to Cundletown

3m Off road concrete shared path - 2.2km. Makes use of

the current footpath over Dawson River.

$ 1,000,000 $ 1,000,000 A 11% $ 45.33 High 2016-21

T5 Cycle/walkway from edge of FIGTREES on

the Manning and Taree Recreation

grounds

Bligh Street north of Manning River Drive 475m of cycle/walkway ending at criterium track - 3m

wide. Priority of construction may increase due to

construction of FIGTREES on the Manning.

$ 213,750 $ 213,750 A 11% $ 9.69 Medium 2026-31

T6 Omaru Park lighting Muldoon Street, Taree Installation of flood lighting on two fields $ 350,000 $ 350,000 A 11% $ 15.87 High 2016-21

T7 Urara Lane Rugby Complex Urara Lane, Taree Development of an additional senior rugby union field.

This is also a multipurpose field.

$ 100,000 $ 100,000 A 11% $ 4.53 Medium 2026-31

T8 Plan management and administration $ 4.78

TOTALS $ 6,963,750 $ 60,000 $ 7,023,750 $ 323.16


Hallidays Point works


cost

Total land and

works cost

Apportionment

type

%

Apportionment

to growth

Contribution


HP1 Blackhead Rd upgrade Federation Drive to Tallwoods Golf Course Road shoulder widening 7 m carriageway, 9.4m

formation with sealed shoulders and drainage - 1km.

Cost does not include renewal component of the works

($840,000) which will be met from sources apart from

section 94 contributions.

$ 560,000 $ - $ 560,000 B 100% $ 256.68 Medium 2026-31

HP2 Acquire land for sporting fields and

amenities

The Boulevard, Tallwoods Acquire 2,750m2 of land to provide sporting fields and

amenities

$ - $ 157,500 $ 157,500 B 100% $ 72.19 High 2016-21

HP3 Construction of fields and upgrade of

existing building to an amenities block at

Tallwoods

The Boulevard, Tallwoods Works breakdown as follows: $250,000 to construct an

amenities block. Cricket pitch is $20,000. Form two

senior winter sports fields at $250,000.

$ 520,000 $ - $ 520,000 B 100% $ 238.35 Medium 2026-31

HP4 Construction of carpark at Tallwoods The Boulevard, Tallwoods 40 carparks $ 200,000 $ - $ 200,000 B 100% $ 91.67 Medium 2026-31

HP5 Old Soldiers Rd construction Realignment within nature reserve Construct to sealed collector road - 0.4km. Priority of

construction may increase due to construction of

neighbouring large lot residential development.

$ 700,000 $ - $ 700,000 B 100% $ 320.85 Low 2026-31

HP6 Old Soldiers Road upgrade Intersection with Diamond Beach Road Upgrade intersection with turning lane $ 300,000 $ - $ 300,000 B 100% $ 137.51 Low 2026-31

HP7 Old Soldiers Road upgrade Diamond Beach Road to end of seal Upgrade to collector road - 800m $ 960,000 $ - $ 960,000 B 100% $ 440.03 Low 2026-31

HP8 Old Soldiers Road upgrade End of seal to national park boundary Upgrade to sealed collector road - 500m $ 600,000 $ - $ 600,000 B 100% $ 275.02 Low 2026-31

HP9 Old Soldiers Road upgrade Intersection with realigned Old Soldiers

Road west of nature reserve to seal

Upgrade to sealed collector road - 1.7km $ 2,040,000 $ - $ 2,040,000 B 100% $ 935.06 Low 2026-31

HP10 Blackhead Road pathway west Diamond Beach Road to The Boulevard Shared pathway on south side of Blackhead Road-2.1km,

3m wide for 1.45km and 1m wide for 650m.

$ 750,000 $ - $ 750,000 A 35% $ 120.66 Low 2026-31

HP11 Blackhead Road pathway east Diamond Beach Road to connect with path

on Lot 32 Blackhead Road

Shared pathway on Blackhead Road 3m wide for 700m $ 315,000 $ - $ 315,000 A 35% $ 50.68 Low 2026-31

HP12 Hallidays Point coastal pathway Diamond Beach Village to Black Head

Village along coastline. Note: location

identified on map is indicative only.

Shared 3m separated pathway linking parkland, crown

land and internal subdivision connections along the

coastline. Pathway will connect between existing

pathway networks.

$ 1,800,000 $ - $ 1,800,000 A 35% $ 289.57 Medium When funds are

available

HP13 Construction of a multipurpose court at

Diamond Beach

Diamond Park, Diamond Beach Construction of a multipurpose court ($90,000) with

adequate lighting ($40,000). Works will include

extension to existing toilet block to allow for storage

($30,000).

$ 160,000 $ - $ 160,000 B 100% $ 73.34 Medium 2026-31

HP14 Plan management and administration $ 49.52

TOTALS $8,905,000 $157,500 $9,062,500 $ 3,351.12


APPENDIX B

Research on base contribution rate for Heavy Haulage Development

Research on base contribution rate for Heavy Haulage DevelopmentSource: 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 ofCouncils Limited, September


APPENDIX C

Alternative to Roads Maintenance Contribution - Transport Study Requirements

Justification of any alternative to paying the Roads Maintenance Contribution

Transport Study Requirements

1. Identify the route over which haulage is proposed.

2. Identify the type and number of vehicles used to haul material.

3. An engineering assessment of the road condition and alignment over the entire

length that haulage is proposed, including:

a. existing pavement condition, and seal widths

b. existing shoulder conditions

c. existing pavement composition and structural capacity

d. existing alignment, specifically detailing those areas which fail to meet current

standards

e. the number of overtaking opportunities and climbing lanes and the impact that

increased truck traffic will have on existing travel times and accident rates

f. an analysis in accordance with AUSTROADS principles of the existing road

length showing current levels of service, and any assumptions made in their

calculation.

4. The impact that road haulage will have on the existing road condition, including:

a. the expected rate of pavement deterioration over each year that haulage is

proposed, assessed in conjunction with the expected number of heavy

vehicle movements (expressed as Equivalent Standard Axles)

b. the reduction in pavement life which may be expected from the haulage

c. the cost to the community to repair the pavement damage resulting from the

haulage, and to maintain the pavement in an acceptable condition

d. the cost to the community of the reduced pavement life resulting from the

haulage.

Greater Taree Section 94A Contributions Plan 2016

Prepared by

marees

Typewritten Text

Adopted 28 September 2016


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 5

2.7 Development exempted from contributions under this plan 5

2.8 Relationship to other contributions plans 5

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

2.10 Planning agreements 6

2.11 Determining the proposed cost of carrying out development 6 2.11.1 Cost Summary Report must accompany development application 7 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 9

2.14 Timing of payment of monetary contributions 9

2.15 Policy on deferred or periodic payments 10

2.16 Pooling of monetary contributions 10

2.17 Accountability and access to information 11

2.18 Savings and transitional arrangements 11

3. Local Infrastructure demands 12

4. Works program 13

Appendices Appendix A Cost Summary Report


Page 1

1. Introduction and summary of levy rates

1.1 Overview of this plan

The Greater Taree area is likely to receive development in the future that impacts on the quality

and standard of Local Infrastructure provided by Mid-Coast Council (Council). Local

Infrastructure includes recreation facilities, roads, public car parks and community facilities.

Council wishes to promote economic development of the Greater Taree area, 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 operates in conjunction with the Council’s section 94 contributions plan. The funds

collected from developments paying a levy under this plan will be applied to help meet the balance

of the cost of a schedule of works that will not be met by section 94 contributions.

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 Greater Taree area and the

Local Infrastructure included in this plan.

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

The administrative and accounting arrangements applying to levies that are required by and



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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:

(a) up to and equal to $200,000 Nil

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

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

For the sake of clarity:

Industrial, commercial, tourist and visitor accommodation and all other non

residential developments costing more than $200,000 are subject to this plan,

except for:

(a) certain extractive industries and parking-deficient development in Taree CBD,

are subject to this plan. These developments are subject to Council’s section

94 contributions plan.

(b) development that results in an increase in the existing gross floor area on the

site of 5 percent or less.

None of the developments listed in Section 2.7 are subject to this plan.


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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 Mid-Coast Council.

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

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

Greater Taree area means that land shown in Figure 1 of this plan.

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:


and


Infrastructure.

Other purposes of the plan are:

To update and replace Council’s previous section 94A contributions plan.


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To provide the framework for the efficient and equitable determination, collection and

management of section 94A levies 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.

To describe the Local Infrastructure that will be provided by Council using the contributions


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 or the effective date advised on the public notice.

2.5 Land to which this plan applies

This plan applies to all land within the Greater Taree area as shown in Figure 1. This area

correlates to the former Greater Taree LGA that existed immediately prior to the amalgamation of

Greater Taree, Great Lakes and Gloucester Shire Councils to form Mid-Coast Council on 12 May

2016.

Figure 1 Land to which this plan applies


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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.

Residential development involving alterations or additions to, or the replacement of, an

existing or approved dwelling.

Non residential development that, if carried out, would result in an increase in the existing

gross floor area on the site of 5 percent or less.

Development for the sole purpose of the subdivision of land.

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.

This plan operates in conjunction with the Council’s section 94 contributions plan. The funds

collected from developments paying a levy under this plan will be applied to help meet the balance

of the cost of a schedule of works that will not be met by section 94 contributions.

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:


and / or


Infrastructure.

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.

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


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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.

(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,


Page 7

(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.

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

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


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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 Greater Taree City 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:

$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.


Page 9

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

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.

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.


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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

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 twelve (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

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.


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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 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 Greater Taree area

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 Greater Taree area 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 Greater Taree area 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 Greater Taree area 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.


cost

Total land and

works cost Priority Staging/timing

GT1 Harrington foreshore shared pathway Bowling Club to park (first house) 400m x 2.6m wide concrete shared pathway includes

raised boardwalk

$ 400,000 $ - $ 400,000 Medium 2026-31

GT2 Harrington foreshore shared pathway Breakwall to first house on Beach Street 300m x 2.6m wide concrete shared pathway $ 150,000 $ - $ 150,000 High 2016-21

GT4 Crowdy Head cycleway Harrington Big 4 Caravan Park to Crowdy

Head Harbour via old tram line

Off road shared pathway - 3m wide and 6km long $ 2,300,000 $ - $ 2,300,000 Low After 2031

GT5 Wingham Road upgrade Cedar Party Creek bridge and Combined

Street / Wynter Street intersection

Two lane concrete bridge on same alignment adjacent

to existing bridge and with improved flood proofing.

$ 5,000,000 $ - $ 5,000,000 High 2016-21

GT6 Taree CBD car parking Between art gallery and Connell Place car

park

Purchase of land and extension of Connell Place car park

across church grounds to connect with the upgraded art

gallery car park.

$ 200,000 $ 750,000 $ 950,000 Low 2026-31

GT7 Traffic upgrades - Taree CBD Manning Street and Albert Street

intersection

Traffic lights at intersection $ 950,000 $ - $ 950,000 Medium 2021-26

GT8 Traffic upgrades - Taree CBD Commerce Street and High Street

intersection

Traffic lights at intersection $ 1,150,000 $ - $ 1,150,000 Low 2026-31


Drive, Taree

Stadium $ 7,000,000 $ -

$ 7,000,000 Low After 2031

GT10 Wingham Sporting Complex expansion Coglan Avenue, Wingham Expansion and upgrade will include change rooms and

amenity buildings.

$ 3,000,000

$ -

$ 3,000,000 Low After 2031

GT11 Manning Regional Art Gallery Macquarie Street, Taree Expansion of the carpark and provision of an art market

space.

$ 304,000 $ -

$ 304,000 High 2016-21


Drive, Taree

Grandstand with overhanging roof $ 2,000,000 $ -

$ 2,000,000 Low After 2031


cost

Total land and

works cost Priority Staging/timing

GT17 Intersection lighting Various The Lakes Way

Talabah Close intersection(F)

Bluedell Place intersection(F)

Tallwood Drive intersection(F)

Chelmsbrook Drive Intersection(F)

Red Oak Road Intersection(F)

Spicers Road Intersection (F)

Blackhead Road

Federation Drive Intersection(F)

Old Bar Road

Malcolms Road intersection(M)

Crows Nest Road Intersection(F)

Pampoolah Road intersection(M)

Half Chain Road intersection(F)

Metz Road intersection(F)

Berady Lane intersection(F)

Wingham Road

Kolodong Road(East) intersection(M)

Youngs Road intersection(F)

Harrington Road

Christies Lane intersection( F)

Industrial Road intersection(F)

Longworths Road intersection(F)

Installation of street lighting at intersections along

major roads. Flag light(F) at minor intersections and

Major intersection lighting(M) in accordance with

Australian standards.

$ 600,000 $ - $ 600,000 Medium When funds are

available

GT20 Taree Park Macquarie, Albert, Florence and Wynter

Streets, Taree

Installation of flood lighting $ 350,000 $ - $ 350,000 Medium 2021-26

GT22 Manning Entertainment Centre cultural

precinct

Manning River Drive Upgrading the Manning Entertainment Centre to ensure

that the centre can accommodate larger conferences

/events, act as a multi-purpose facility and

accommodate the future growth of the LGA. It will

provide a bigger cultural space for subsidiary groups of

the Manning Entertainment Centre.

$ 2,500,000 $ - $ 2,500,000 Medium 2026-31

Cost Summary Report

Appendix A

COST SUMMARY REPORT

DEVELOPMENT APPLICATION / COMPLYING DEVELOPMENT CERTIFICATE NO.

APPLICANT’S NAME:

APPLICANT’S ADDRESS:

LOCATION OF PROPOSED DEVELOPMENT:

ANALYSIS OF DEVELOPMENT COSTS:

Demolition and excavation $

Decontamination and remediation $

Site preparation $

Building construction $

Hydraulic, mechanical or fire services $

External works and services $

Sub-total carried forward $

Preliminaries and margin $

Sub-total $

Consultant fees $

Other related development costs $

Sub-total $

Good and Services Tax $

TOTAL PROPOSED COST OF DEVELOPMENT $

I CERTIFY THAT I HAVE: inspected the plans the subject of the application for development consent or complying development

certificate; calculated the development costs in accordance with the definition of proposed cost of development in

clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices; and included GST in the calculation of proposed cost of development.

Signed:

Name:

Position and Qualifications:

Date:

Greater Taree Section 94 Contributions Plan 2016 · 2016-11-17 · Greater Taree Section 94...

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Transcript of Greater Taree Section 94 Contributions Plan 2016 · 2016-11-17 · Greater Taree Section 94...