Amendments to the State Government’s Environmental Planning and Assessment Act 1979
Amendments to the State Government’s Environmental Planning and Assessment Act 1979 No. 203 (Act) commenced on 1 March 2018. The updates include renumbering of all sections in the Act. More information on these amendments can be found on the NSW Planning website, along with a New Act Sections Guide that shows the existing section numbers with their corresponding numbers of the new Act. Council is in the process of updating all our relevant publications, including forms, factsheets, webpages and other associated documentation. We apologise for any inconvenience or confusion that may arise as we transition all previous Section names over to the new ones.
Building & Development Costs
In addition to the building and development related costs that are outlined in our Fees and Charges Policy, Development Contributions may also apply.
Development Contributions are levied on certain developments to help fund public infrastructure. Council collects development contributions through a variety of mechanisms including:
- Section 7.11 Contributions (previously Section 94 Contributions) including Works in Kind
- Section 7.12 Contributions (previously Section 94A Contributions)
- Planning Agreements (also known as Voluntary Planning Agreements VPA’s)
Further information on each of these is provided below. Please also refer to the Development Contributions Fact Sheet
[PDF 61.3 kB] for more information, or contact Council’s Strategic Project Officer – Development Contributions on (02) 4227 7111.
NOTE: The Act was updated on 1 March 2018. Section 94 became Section 7.11 and Section 94A became Section 7.12.
West Dapto Section 94 Development Contributions Plan 2017
This Plan applies to the West Dapto Urban Release Area as shown at Figure 1 of the Plan (page 9). Contributions are levied on the following basis:
- Residential – per additional lot/dwelling
- Industrial/Commercial – per developable hectare
In accordance with the Section 7.17 Direction dated 17 July 2017 the amount that can be levied on residential development is capped. In accordance with Planning Circular PS17-002 the cap is currently $40,000 per lot/dwelling and will increase to $45,000 on 1 July 2019. The portion of the rate above the relevant cap will be funded through the Local Infrastructure Growth Scheme (LIGS).
Residential subdivision development may also be subject to a State Infrastructure Contribution (SIC).
Wollongong Section 94A Contributions Plan 2017
This Plan applies to the whole of the LGA (other than where the West Dapto Section 94 Plan applies) and the contribution is levied based on the proposed cost of the development:
- Where the cost of development is less than $100,000 no levy applies
- Where the cost of development is between $100,001 and $200,000 a levy of 0.5% applies
- Where the cost of development is over $200,001 a levy of 1% applies
- For development located in the Wollongong City Centre B3 zone a levy of 2% applies where the cost of development is over $250,000
Planning Agreements are an alternative mechanism of providing development contributions. Some large scale developments may consider requesting to enter into a Planning Agreement with Council to provide contributions instead of, or in addition to, Section 7.11 or Section 7.12. This can be done as part of a Planning Proposal or Development Application.
Planning Agreements are also being used by the NSW State Government to collect State Infrastructure Contributions from residential subdivision development at West Dapto.
In accordance with Clause 34 of the Environmental Planning and Assessment Regulation 2000, Council must maintain a contributions register. The register can be viewed at the Development Contributions Register
In accordance with Clause 25F of the Environmental Planning & Assessment Regulation 2000
, Council maintains a register of planning agreements (including any amendments) that apply to the Local Government area. View the Planning Agreements Register