Development Contribution Plans
Development Contributions are payments made by developers to enable Council to provide public amenities and services required for new residents and businesses.
Sections 94 and 94A of the Environmental Planning and Assessment Act (EPAA)1979 is the principal legislation enabling Councils to levy contributions for public amenities and services.
Section 94 Contributions
Your notice of determination may include a condition under section 94 of the EPAA 1979. Depending on the type of development application that has been lodged, this condition may require a monetary contribution towards the capital cost of the Council providing additional public amenities such as open space, car parking and civic improvements. In some cases the condition may relate to the dedication of land or the provision of a material public benefit.
Information about section 94 contributions is contained in the Council's contributions plan. This plan identifies the type of development for which a monetary contribution or dedication of land may be required, the formulas for calculating contributions, monetary contribution rates, and the programme of capital works on which the funds will be spent. You can view or purchase a copy of the relevant contributions plan at Customer Services.
All section 94 monetary contributions are placed into a special account. They cannot be used for any other purpose.
Section 94A Contributions
A condition of development consent will require the payment of a levy toward the provision, extension or augmentation of public facilities or toward recouping their costs, unless:
- you are required to make a section 94 contribution (see above) , or
- you have entered into a planning agreement with the council which specifically excludes the payment of the levy.
Information about section 94A levies is contained in the Council's Section 94A Development Contributions Plan. You can view or purchase a copy of the plan at our Customer Service Counter.
Voluntary Planning Agreements
Section 93F of the Act also makes provision for Council to enter into Voluntary Planning Agreements as the means through which these additional community facilities are provided. Under these agreements, Council enters into a legal contract with a developer to construct public facilities and infrastructure or provide public services as part of the conditions of development consent.
Section 25F (1) and (2) of the Environmental Planning and Assessment Regulation 2005, states that a Council must keep a planning agreement register.
Council must keep a record of the following in its register:
- a short description of any planning agreement (including any amendment) that applies to the area of the Council,
- the date the agreement was entered into,
- the names of the parties, and
- the land to which it applies.
Section 64 Stormwater and Sewerage Contributions
It should be noted that although collected from developers at the same time as Section 94 or 94A Contributions, contributions for water and sewer infrastructure are not levied under the EPAA 1979 and do not require a contribution plan. However these contributions require a Development Servicing Plan (prepared in accordance with the Department of Water and Energy Best-Practice Management of Water Supply and Sewerage Guidelines 2007) and are levied under section 64 of the Local Government Act 1993.
Section 64 Water Charges Riverina Water
Riverina Water County Council (RWCC) is responsible for potable water supply relating to new developments within the Wagga Wagga City COuncil (WWCC), Lockhart, Urana and Greater Hume SHire Council area.
This includes new subdivisions, commercial, residential development, additions/alterations to existing structures, and change of use development. WHen submitting a development application to your local council, you should also begin discussions relating to water supply with RWCC.
If you are planning a large scale development, such as a major subdivision or large industrial industry, its best to check on servicing arrangeents with RWCC before proceeding to the Development APplication or a detailed design phase. This is especially important as there may be substantial costs involved with supplying water to the development, or restrictions on the amount of water available to the development.
Commercial development proposals vary widely, from facilities such as motels and caravan parks, to hospitals, retail centres, light manufacturing and heavy industry. Because of this diversity, RWCC assesses commercial development on a case-by-case basis.
RWCC's Role in Development
- Determining if the site can be adequately serviced with water
- Ensuring the new development doesnt affect existing water supply systems
- Providing compliance under s64 and s68 of the Local Goverment Act
- Imposing fees and charges such as s64 Development Servicing CHarges on a development wishing to connect to water supply
- Issuing of plumbing permits and conducting of plaumbing inspections for any onsite plumbing works.
RWCC's Contact Details
For further details and enquiries please use the following contact methods:
- More information can be found on RWCC's website located at www.rwcc.nsw.gov.au
- RWCC's Works Section can be contacted on 02 6922 0667
- RWCC's main number during business hours is 02 6922 0608