This Plan applies to any development applications, planning proposals and complying development certificates determined before 1 July 2019, including any subsequent modifications.
Section 94 of the Environmental Planning and Assessment Act 1979 (EPA Act) authorises a consent authority responsible for determining a development application to grant consent to the proposed development subject to a condition requiring the payment of a monetary contribution or the dedication of land free of cost or a combination of them towards the provision of public amenities and public services (public facilities) to meet the development.
A condition may only be imposed under section 94 towards the future provision of public facilities:
- if the proposed development will or is likely to require the provision of, or increase the demand for, public facilities within the local government area; and
- to require a reasonable dedication or monetary contribution for the provision, extension or augmentation of the public facilities concerned.
A condition may be imposed under section 94 towards the recoupment of the cost of public facilities previously provided if:
- the consent authority has, at any time, provided public facilities within the local government area in preparation for or to facilitate the carrying out of development in the area, and
- development for which development consent is sought will, if carried out, benefit from the provision of those public facilities.
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.
This Section 94 Contributions Pkan links anticipated increased demand for public amenities and services, for which contributions will be sought, to forecasted population and dwelling growth in the City of Wagga Wagga to the year 2004.
The Contributions Plan initially applies to the Wagga Wagga Urban Area extending, from Forest Hill to San Isidore, but is intended to eventually apply to the whole city.