WOLLONDILLY DEVELOPMENT CONTRIBUTIONS PLAN 2011

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W

OLLONDILLY

D

EVELOPMENT

C

ONTRIBUTIONS

P

LAN

2011

November 2011

PO Box 21 Picton NSW 2571 62-64 Menangle St Picton NSW 2571 DX: 26052 Picton Ph: 02 4677 1100 Fax: 02 4677 2339 Email: [email protected]

Rural Living www.wollondilly.nsw.gov.au

W

OLLONDILLY

S

HIRE

C

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Document Control

Rev No Date Details Author Verifier Approval

1 Dec 2005 Adopted Document G.N. B.C. B.C.

2 Aug 2010 Draft Document for Exhibition P.F. P.W. P.W.

3 Nov 2010 Adopted Document P.F. P.F. P.W.

4 Nov 2011 Adopted Document P.F. P.F. P.W.

©Parsons Brinckerhoff [2005]

This document is the property of Parsons Brinckerhoff Australia Pty Limited and Parsons Brinckerhoff International (Australia) Pty Limited trading as Parsons Brinckerhoff (“PB”). This document and the information contained in it are solely for the use of the authorised recipient and this document may not be used, copied or reproduced in whole or part for any purpose other than that for which it was supplied by PB. PB makes no representation, undertakes no duty and accepts no responsibility to any third party who may use or rely upon this document or the information contained in it.

Author: G. New

Reviewer: B. Colman

Approved by: B. Colman

Signed:

Date: 17 August 2005

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Table 3.3: Key Development Sites and Areas 38 Table 3.4: Annual Housing Production Levels and Forecasts 39 Table 3.5: Population Growth/Dwelling Need Scenarios Summary 41 Table 3.6: Wollondilly LGA Population Projections 43 Table 3.7: Population in Private Dwellings Projections for Urban, Rural and Precinct Areas 43 Table 5.1: Facility Categories and Facilities 47 Table 6.1: Open Space, Sporting and Recreation Standards 51

Table 6.2: Contributing Populations 55

Table 7.1: Library and Community Standards 62

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Preamble

Wollondilly Shire is located on the south-west fringe of metropolitan Sydney. The majority of the Shire is zoned and used for either rural, water catchment or national park purposes. Much of the western half of the Shire is inaccessible and all settled areas are located east of the Lake Burragorang catchment.

The Shire in 2005 had an estimated resident population of about 41,800 living in towns, villages and rural areas and had a total private dwelling stock of approximately 14,500.

Based on a review of planning policies (Council and State Government), a review of recent development and population trends, published population and dwelling projections, and an assessment of Wollondilly’s environmental and infrastructure constraints it is anticipated that the Shire will continue to experience population growth in the future.

This growth will largely be accommodated in the various development areas that have been identified for urban expansion in the Wollondilly Vision 2025 document.

Incoming residents will generate an increase in the demand for public facilities and services provided by Wollondilly Shire Council. Population generated by new development should make a reasonable contribution toward the provision of new and/or augmented facilities to meet this additional demand.

This plan describes the forecast future demands for public facilities and amenities in the Wollondilly local government area, the program of works which will be implemented to meet these demands, the anticipated costs of these programs, and the basis for determining a reasonable apportionment of the costs to the incoming resident populations.

This plan addresses Council’s policy in relation to development contributions under Part 4, Division 6 of the Environmental Planning and Assessment Act 1979, including:

contributions toward provision or improvement of amenities and services (Section 94 contributions);

fixed rate development levies (Section 94A levies); and

planning agreements (Section 93F-L).

This plan supersedes Wollondilly Section 94 Contributions Plan 2000. Contributions imposed as conditions of development consent pursuant to that plan will still be collected as if that plan were still in place. However, unspent contributions under that plan will be rolled over and directed toward the same facility categories as identified under this plan.

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Part A - Summary

A1.

Purpose of the Plan

The primary purpose of this plan is to enable Wollondilly Shire Council (Council) to require a contribution towards the provision, extension or augmentation of public amenities and public services that will, or are likely to be, required as a consequence of development in Wollondilly Local Government Area (LGA). This plan also enables Council to require a fixed rate development levy to be imposed on certain other developments also towards the provision, extension or augmentation of public amenities and public services

A2. Anticipated

Development

It is anticipated that the Wollondilly LGA will accommodate increases to its residential population over the period 2005 to 2026. Such growth will create the demand for new and augmented public facilities. This demand forms the basis for levying contributions on new development.

A3.

Need for Services and Amenities

The new population resulting from new development in the Wollondilly LGA will result in the need for augmented or additional public services and public amenities.

The facilities for which Council will require development contributions include the following:

open space, sporting and recreation facilities; library, information and community facilities; transport and traffic management facilities; companion animal management facilities; and bushfire protection facilities.

Related to this will be the need to regularly review and update the plan’s assumptions and works, and to undertake demand and needs studies for Council-provided facilities. Therefore, new development will also generate the need for planning, administration and management activities associated with this contributions plan.

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A4.

Summary of Works Schedule

Facilities required by the new population of Wollondilly LGA have been determined via a review of strategic studies, plans and documents undertaken by or on behalf of Council. A list of these documents is contained in Section E1.

The incoming population will either partly or fully generate the need for new/augmented facilities. The facility delivery priorities of Council include:

Table T.1: Facility Delivery Priorities

Facility Category Facility Delivery Priorities

Transport and Traffic Management Intersection upgrades Road widening

Traffic management facilities Shared cycleways

Car Parking

Open Space, Sporting and Recreation Park embellishments Sportsgrounds and sports facilities Skate parks

Multi-purpose indoor sports facilities Aquatic recreation facilities

Acquisition of and embellishment of local parkland

Public domain / Streetscape works Library, Information and Community Multi-purpose community facilities

Libraries

Bushfire Protection Fire stations and control facilities

Plan Management Management of development contributions Review of planning for future needs

More detail on the facilities and the program for delivery are included in Section E.2 Works Schedules.

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A5. Calculating

Contributions

Contributions are calculated using the tables in Section A6 – Summary of Contribution Rates and the maps showing the contribution catchments (Figures 1.1 to 1.2). Follow these steps in determining a contribution for a given development

1. Look at the appropriate table for the type of development proposed: Table T.2 for Detached Dwelling House Development and Subdivision

Table T.3 for Dual Occupancy, Medium Density, Multiple Dwelling or Mixed Use Development

Table T.4 for Housing for Older People or People with a Disability Table T.5 for Non Residential Development.

2. For any type of residential development determine the contributions and contribution catchments that apply:

All residential development will be subject to the ‘Shire Wide’ contribution.

All residential development will be subject to a particular ‘Precinct’ contribution. To determine the relevant ‘Precinct’ contribution area for the development, look at Figure 1.1.

All residential development will be subject to a particular transport and traffic management contribution. To determine the relevant transport and traffic management contribution area for the development, look at Figure 1.2.

Only residential development situated in the drainage catchment areas identified in Figures 1.3 to 1.8 will be subject to a drainage contribution. To determine the relevant drainage catchment area for the development, look at Figures 1.3 to 1.8. 3. Add all relevant contributions for the particular development. Then (for any

residential development) subtract any allowance for existing development, if applicable (refer to Section 2.9). The resultant amount is the total contribution payable.

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A6.

Summary of Contribution Rates

Table T.2: Contribution Rates for Detached Dwelling House Development and Subdivision (per Dwelling or Lot)

Traffic & Transport Management Facility Contribution Areas

Drainage Catchments Shire Wide Precinct 1 Precinct 2 Precinct 3 Precinct 4 Appin Warragamba/

Silverdale

Balance of Shire

Open Space, Sporting and Recreation Minor and infill development (refer to Section 6.2.2)

$246 $6,870 $2,293 $10,054 $5,833

Major development (refer to Section 6.2.2)

$246 $11,333 $4,674 $15,439 $10,765

Library and Community $1,161 $1,816 $127 $1,497 $1,532

Transport and Traffic Management

Roads and intersections $1,750 $2,756 $4,167

Shared cycleways and alternate transport

$172 $60 $326

Bushfire Protection $29

Plan Management and Administration 5% of total contribution for an individual development

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Table T.3: Contribution Rates for Dual Occupancy, Medium Density, Multiple Dwelling or Mixed Use Development (per Dwelling)

Silverdale

$143 $3,989 $1,331 $5,838 $3,387 Major development (refer to Section

6.2.2)

$143 $6,581 $2,714 $8,965 $6,250 Library, Information and Community $674 $1,055 $74 $869 $889

$100 $35 $189

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Table T.4: Contribution Rates for Housing for Older People or People with a Disability (per Dwelling)

Silverdale

$119 $3,324 $1,109 $4,865 $2,823 Major development (refer to Section

6.2.2)

$119 $5,484 $2,262 $7,470 $5,208 Library, Information and Community $562 $876 $61 $724 $741

$84 $29 $157

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Table T.5: Contribution Rates for Non Residential Development – Section 94A

This plan authorises the Council to grant consent to development to which this plan applies subject to a condition requiring the applicant pay to the Council a levy on the proposed cost of carrying out the development. The rate of the Section 94A levy is as follows:

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5%

More than $200,000 1%

An application for a development application or a complying development certificate is to be accompanied by a report, prepared at the applicant’s cost setting out an

estimate of the proposed cost of carrying out the development for the purposes of clause 25J of the Regulation.

The following types of report are required:

• where the estimate of the proposed cost of carrying out the development is less than $500,000, a cost summary report in accordance with Form 1717#72; • where the estimate of the proposed cost of carrying out the development is

$500,000 or more, a detailed cost report in accordance with Form 1717#73. For the purpose of clause 25J(2) of the Regulation, the following persons are approved by the Council to provide an estimate of the proposed cost of carrying out development in the following circumstances:

• where the proposed development cost is less than $500,000 - a person who, in the opinion of the Council, is suitably qualified to provide a cost summary report;

• where the proposed development cost is $500,000 or more – a quantity surveyor who is a registered member of the Australian Institute of Quantity Surveyors.

Upon reviewing a cost summary report, the Council may require a further estimate to be provided by a registered quantity surveyor at the applicant’s cost. The Council may, at the applicant’s cost, engage a person referred to in this clause to review the report.

Clause 25J of the EP&A Regulations 2000 sets out how the proposed cost of carrying out development is to be determined. That clause provides as follows:

“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.

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(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,

(i) any taxes, levies or charges (other than GST) paid or payable in connection with the development by or under any law.”

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A7. Structure of the Plan

The Plan is arranged into four parts:

This part, Part A, provides a summary of the essential components of the Plan, including the basis for preparing a development contributions plan, a summary of the public facilities and amenities which will be required and the current contribution rates for each of the public facility categories to be provided.

Part B of the Plan describes the Plan’s scope, management and administration. Part B defines the area affected by the Plan, its relationship to other plans, the

operation of the Plan and the manner in which contributions are determined for each public facility category.

Part C of the Plan provides details of the need for the public facilities planned to

be provided, including the expected development and population characteristics of the Wollondilly LGA and the plan for the delivery of required facilities.

Part D of the Plan provides details on the strategies to deliver each of the

categories of public facilities, including the causal, spatial and temporal link between expected development and the facilities required, and the philosophy, standards and manner of facility and service delivery.

Part E of the Plan contains information which support the contents of Parts A, B,

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Part B – Plan Scope, Administration and

Management

1. Scope of the Plan

1.1 What are Development Contributions?

Development contributions are contributions made by those undertaking development approved under the Environmental Planning and Assessment Act 1979 (the Act). Contributions may be in the form of money, dedication of land or some other material public benefit (or a combination of these) directed:

in the case of contributions made under Sections 94 or 94A of the Act - toward the provision or improvement of amenities or services (or the recouping of the cost of provision or improvement of amenities or services); or

in the case of contributions made under a planning agreement prepared in accordance with Sections 93F to 93L of the Act – toward public purposes.

1.1.1 Section 94 Contributions

Section 94 of the Act enables Councils to seek contributions from developers where development is likely to increase the demand for public facilities. Section 94 contributions are levied at the time of development consent.

Legal precedent has established that councils can only require a Section 94 contribution if:

they are satisfied “that a development, the subject of a development application, will or is likely to require the provision of, or increase the demand for, public amenities and public services within the area” (Section 94 of the Act);

they have adopted a contributions plan justifying the contribution; and the contribution is reasonable.

The power to levy a Section 94 contribution relies on there being a clear link (or nexus) between the development being levied and the need for the public amenity or service for which the levy is required. Generally, contributions can only be made towards:

capital costs including land acquisition costs;

public facilities which the Council has responsibility to provide; and

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1.1.2 Section 94A Levies

A council may impose, as a condition of development consent, a requirement that the applicant pay a levy of the percentage of the proposed cost of carrying out the development.

A council cannot impose as a condition of the same development consent a condition under Section 94A as well as a condition under Section 94.

Unlike Section 94 contributions, there does not have to be a nexus between between the development being levied under Section 94A and the need for the public amenity or service for which the levy is required.

Monies collected under Section 94A are to be directed toward works detailed in schedule E.2.1 or E.2.2 included in this contributions plan.

A condition under Section 94A that is of a kind allowed by, and determined in accordance with a contributions plan may not be disallowed or amended by the Court on appeal.

1.1.3 Planning Agreement Contributions (Section 93F)

The Act allows for the negotiation of planning agreements between councils, developers, and/or other planning authorities for the provision of public purposes. Public purposes are defined in the Act as:

the provision of (or the recoupment of the cost of providing) public amenities or public services;

the provision of (or the recoupment of the cost of providing) affordable housing;

the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land;

the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure;

the monitoring of the planning impacts of development; and the conservation or enhancement of the natural environment.

It is envisaged that Council will seek to negotiate planning agreements with relevant parties in relation to major or ‘one-off’ developments that involve a single land owner.

A planning agreement negotiated and made under this section shall be subject to any provisions of or Ministerial directions made under the Environmental Planning and Assessment Act 1979 or Regulations relating to planning agreements.

1.2 What is the Name of This Plan?

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This Contributions Plan has been prepared in accordance with the provisions of Part 4, Division 6 of the Act, the Environmental Planning And Assessment

Regulation 2000, and the NSW Department of Planning and Infrastructure Development Contributions Practice Notes – July 2005.

1.3 When Does This Plan Take Effect?

This plan was adopted by Council on 17 October 2011 and takes effect on 1 November 2011, pursuant to clause 31(4) of the EP&A Regulation 2000. Development applications lodged on or after this date will be subject to the provisions of this plan.

1.4 What is the Purpose of the Plan?

The primary purpose of this plan is to enable Wollondilly Shire Council to require a contribution (or levy) to be made towards the provision, extension or augmentation of public amenities and public services that will, or are likely to be, required as a consequence of development in the Wollondilly Local Government Area (LGA).

Other purposes of this plan are to:

provide the framework for the efficient and equitable determination, collection and management of development contributions toward the provision of public amenities and services;

determine the demand generated by the incoming population through the assessment of existing and future population growth and development; ensure that an adequate level of services and facilities are provided for

future residents of Wollondilly;

make clear Council’s intentions regarding the type, location and timing of future facilities within Wollondilly;

ensure that the existing wider Wollondilly community is not unreasonably burdened by the provision of public infrastructure required (either partly or fully) as a result of the ongoing development and re-development;

enable Council to recoup funds which it has spent in the provision of amenities and services which will address the demands generated by new development;

ensure that already-collected contributions under previous contributions plans are incorporated into the reviewed plan;

be a flexible document that can respond to the facility demands generated by planned development outside of the towns and villages within Wollondilly;

facilitate proper financial management and accountability for the expenditure of development contributions received; and

ensure Council’s management of development contributions complies with relevant legislation and guidelines, and achieves best practice in plan format and management.

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1.5 To What Areas Does This Plan Apply?

The contributions plan applies to the area known as the Wollondilly LGA.

For the purpose of this plan certain contributions are levied on development within a certain planning precinct or facilities catchment area. Certain development in each catchment or area will be subject to contributions for some or all of the public facilities and public amenities described in this plan, depending on the nexus between development and facilities.

The contributions catchments are shown on the figures listed below: Shire-wide (Figure 1.1);

Precincts 1, 2, 3 and 4 (Figure 1.1); and

Transport and Traffic Management contribution areas (Figure 1.2).

Table 1.1 summarises the categories of public facilities and the precincts for

which a contribution toward those facilities is payable:

Table 1.1: Summary of Contributing Areas

Facility Category Works Contributing Areas

(also refer to Section A6)

Open Space, Sporting and Recreation

Upgrades to local parks and sports fields Precinct New local parks Precinct New sports fields Precinct Cycle, equestrian and pedestrian paths Precinct Skate park augmentations Precinct Tennis and netball courts Precinct Aquatic and indoor recreation facilities Shire Library and

Community

Libraries Shire Multi-purpose community facilities Precinct

Meeting places and buildings Precinct and Shire Traffic and Transport

Management

Road and intersection works Appin, Warragamba / Silverdale, Balance of Shire

Shared cycleways Precinct Bushfire Protection Fire stations and control facilities Shire

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1.6 To What Types of Development Does This Plan

Apply?

1.6.1 Development Contributions under Section 94

Council will impose a contribution under Section 94 of the Act on consents issued for the following types of development:

subdivision or consolidation of land where a dwelling house may at a later date be approved and constructed on the subdivided or consolidated lot(s). Only newly created lots will be charged a Section 94 contribution;

construction of a dwelling that comprises part of a “dual occupancy” development. Only the construction of the second dwelling, either attached or detached will attract a Section 94 contribution. Erection of a “granny flat” as defined in Wollondilly Local Environmental Plan 1991 (LEP 1991) or subdivision of an existing dual occupancy will not be charged a Section 94 contribution;

construction of a dwelling or dwellings that form part of a multiple dwelling development, mixed use development, or medium density development (this includes townhouses, flats, villas, shop top housing, industrial caretakers dwellings, terrace style housing, etc);

self-contained dwellings proposed as development under State Environmental Planning Policy (Seniors Living) 2004;

construction of a rural worker’s dwelling (pursuant to Clause 14 of LEP 1991);

where development consent is issued for a dwelling on land subject to Clause 13(4) of LEP 1991 which has a combined area of less than 4,000 square metres. This applies to some rural land around Buxton (refer to LEP 1991 for details of location); and

where development consent is issued for a dwelling on land subject to Clauses 13(5) and (6) of LEP 1991 which has an area of land less 40 hectares. This applies to some rural land around Appin, Menangle and Douglas Park (refer to LEP 1991 for details of location).

Development under State Environmental Planning Policy (Seniors Living) 2004

Certain development approved pursuant to State Environmental Planning Policy (Seniors Living) 2004, will be levied development contributions in accordance with this contributions plan. The following types of seniors housing will be levied: self-contained dwellings; and

in-fill self-care housing

The occupancy rates used for the purpose of determining contributions will be 1.5 persons per dwelling.

Community Titles Development

Where a Community Titles development is proposed which includes the provision of public facilities, the level of facilities will be taken into consideration and credited to the development where appropriate. Council will make an

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assessment of the facilities provided within the development against the Section 94 Contributions that would otherwise be charged to it.

1.6.2 Development Contributions under Section 94A

This Plan also applies to certain non residential development. Non residential development that has a proposed cost of development of more than $100,000 will be required to make a development contribution in the form of a levy imposed under Section 94A of the Act.

Non residential development will be levied an amount equivalent to the percentage of the proposed cost of development shown in Table T.5.

Contributions received under Section 94A will be directed towards the provision or recoupment of the cost of public amenities and services identified in the contributions plan Section 94A Works Schedule (Section E.2.2) or Section 94 Works Schedule (Section E.2.1).

Council will not impose a Section 94 contribution on development consents issued for non residential development.

1.7 What is this Plan’s Relationship to Other Plans?

This plan supersedes Wollondilly Development Contributions Plan 2005 and 2010, Wollondilly Section 94 Contributions Plan 2000 and Wollondilly Section 94 Contributions Plan 1993.

This plan has adopted the Section 94 works schedule as shown in the Wollondilly Development Contribution Plan 2005, and therefore funds received under that plan will be carried over directly to the same facilities in the revised plan.

Development approvals containing conditions requiring the payment of development contributions under the previous plans will only be required to pay the contribution amount identified in the consent, as adjusted by movements in the Consumer Price Index. That is, the previous contributions plans will continue to apply to the extent that any contributions condition attached to a development consent imposed under a previous contributions plan will continue to apply while ever the consent remains current. Funds collected under the previous contributions plan will be directed towards delivering the facilities for which the contributions were sought. Funds collected on a precinct basis under previous contributions plan will continue to be spent only on a precinct basis, while the same will apply for contributions collected on a Shire-wide basis.

This Plan is consistent with Council’s Vision 2025 and current Management Plan documents and provides a means of implementing priority facilities and strategies adopted by Council for the provision of public facilities and amenities in the Wollondilly LGA.

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This Plan complements Council’s various development control plans and policies. However, developers and owners should check other relevant plans and policies for further information and development standards that may relate to their site.

2. Administration of the Plan

2.1 How Does This Plan Operate?

In determining a development application, Council may impose a condition requiring the payment of a monetary contribution and/or the dedication of land free of cost in accordance with the provisions of this plan.

This plan identifies the quantum of development contribution to be levied on an individual development and what facilities the contribution may be directed towards. Such details are to be included in the respective development consent. In the case of residential development, contributions are determined on a ‘per dwelling’ or ‘per lot’ basis (refer Section A6), while non residential development contributions are determined on the basis of the proposed cost of development (refer Section A6).

The parameters and assumptions used to identify contributions and the works required as a result of development occurring are dynamic. As a result, this plan will be reviewed regularly.

Information on the contributions received and monies expended on facilities described in this plan will be reported in Council’s annual financial statements.

2.2 What Time Period does the Plan Cover?

This contributions plan assesses the need for public facilities across various time periods between 2004 and 2036. The needs for all the public facility categories identified have not been identified for the entire period, as more information is available for some facility categories than others. Different plan periods apply to the different facility categories as shown in Table 2.1.

Table 2.1: Plan Periods

Facility Category Plan Period

Transport and Traffic Management 2004 to 2026 Open Space, Sporting and Recreation 2005 to 2026 Library, Information and Community 2005 to 2026 Companion Animal Management 2005 to 2015 Bushfire Protection

Section 94A Priority 1 Section 94A Priority 2

2005 to 2015 2010 to 2016 2017 to 2036

It is intended that, apart from regular reviews addressing plan assumptions, the contributions plan will be reviewed and updated toward the conclusion of each

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facility category’s plan period or when clearer information about the need for different facilities becomes available or as required by government direction.

2.3 How are Disputes Resolved?

Disputes regarding development contributions may occur between Council and the Crown or Council and the private sector.

Where disputes occur between the Council and the private sector, mediation procedures are available chaired by a third party. Appeal rights are also available through the NSW Land and Environment Court.

Where a dispute occurs between Council and the Crown, the NSW Minister for Infrastructure, Planning and Natural Resources is the arbiter.

2.4 Can Contributions be varied?

Council, at its discretion, may waive, vary or discount development contributions depending on the circumstances of the case. In considering whether to grant a waiver, variation or discount, Council shall first consider the implications of this decision, that is:

whether a variation to a contribution could result in a cross subsidy to a particular development by the existing community; and

whether the timing of provision of works identified in the contributions plan will be prejudiced by the granting of a variation or waiver of contributions; and

whether the alternative type of contribution offered results in sufficient community benefit as foregone contribution; and

whether the circumstances of the case are consistent with the purpose of the plan.

2.5 When Are Contributions Payable?

Council’s requirements in relation to the timing of payments of development contributions are as follows:

development applications involving subdivision - prior to the release of any construction certificate related to site works or the release of the subdivision plan, whichever occurs first;

development applications involving building work - prior to the release of the construction certificate;

development applications involving both subdivision and building work (e.g. integrated housing developments) - prior to the release of the construction certificate or the release of the subdivision plan, whichever occurs first; and

development applications where no construction certificate is required - at the time of issue of notification of consent or prior to commencement of the approved use, or prior to occupation of the premises, as may be determined by Council.

Where a developer negotiates a material public benefit, works in kind or dedication of land in lieu of paying a monetary contribution under Section 94 required under this Plan, the developer must also pay Council’s reasonable costs

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for the management of this contributions plan and its elements. Plan management costs are identified in Section 12.

Where any self-certification or the like is undertaken the consent shall not operate unless and until the amount required by the consent under this contributions plan is paid to Council.

2.5.1 Adjustment of Contributions at the Time of Payment

The amount of any monetary contribution (under Section 94) or levy (under Section 94A) to be paid will be the contribution payable at the time of consent and depending on when the development consent is acted upon.

The contributions stated in a development consent are calculated on the basis of the contribution rates determined in accordance with this plan. If the contributions are not paid within the quarter in which a development consent is granted, the contributions payable will be calculated on the basis of the contribution rates that are applicable at time of payment in the following manner:

$CP = $CDC + [$CDC x ($CQ - $CC )]

$CC

Where:

$CP is the amount of the contribution calculated at the time of

payment

$CDC is the amount of the original contribution as set out in the

development consent

$CQ is the contribution rate applicable at the time of payment

$CC is the contribution rate applicable at the time of the original

consent

The current contributions are published by Council and are available from Council offices. Should Council not validly publish the applicable contribution rates, the rate applicable will be calculated in accordance with the rate prevailing in the previous quarter.

2.5.2 Deferred or Periodic Payment

Deferred or periodic payments may only be permitted in the following circumstances:

where the applicant can demonstrate to the Council that the payment of contributions or levies in accordance with this plan is unreasonable, and Council accepts deferred or periodic payment; or

(in the case of contributions levied under Section 94 of the Act) where the developer intends to make a contribution by way of works-in-kind or land dedication in lieu of a cash contributions in a future stage of the development being levied and Council and

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the developer have a legally binding agreement for the provision of the works or dedication; or

in other circumstances considered reasonable by Council.

All requests for deferred or periodic payment of contributions or levies are required to be made in writing and may only be accepted where:

there are valid reasons for the deferral or periodic payment (as outlined above); and

the granting of the request will not adversely impact on the administration, operation or cash flows of the plan; and

the granting of the request will not jeopardise the timely provision of works or land identified within the plan; and

the proposed arrangement remains consistent with the purpose of the plan. Where Council allows a deferral of contributions or levies 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 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; and

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.

The conditions under which the Council may accept payment by way of periodic payment for a staged development are that:

the instalment be paid before the work commences on the relevant stage of the development; and

the amount to be paid at each stage is to be calculated on a pro-rata basis in proportion to the demand for the relevant facility being levied by the overall development, plus Consumer Price Index (CPI) if required.

2.6 Material Public Benefits and Works in Kind

Council may allow applicants to make a contribution by way of works in kind contributions (for works that are identified in this contributions plan’s works schedule) or by way of a material public benefit (MPB) (for works that are not identified in this contributions plan’s works schedule), in lieu of part or all of a cash contribution required under Section 94 of the Act (offers of works-in-kind or MPBs cannot be negotiated in relation to fixed development consent levies imposed on consents under Section 94A of the Act).

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An offer to provide works in kind or MPB is to be made to the Council in writing prior to works commencing and should clearly state:

what MPB, works in kind, or land dedication is proposed; the value of the MPB, works in kind, or land dedication;

the timing of provision of the MPB, works in kind, or land dedication;

what cash contributions the works in kind or MPB is proposed to offset; and if the work has not been identified under the plan, why it is of an equivalent

or greater benefit to the community compared to what has been identified under the plan.

Council may, but is not obliged to, accept material public benefits or works in kind when:

agreement is reached between the developer and Council as to the proposed material public benefit or works in kind;

a monetary contribution in accordance with this contributions plan is unnecessary or unreasonable in the circumstances;

the value of the MPB or works in kind is at least equal to the value of the monetary contribution assessed in accordance with this contributions plan; and

the acceptance of the MPB or works in kind as an offset against monetary contributions which would otherwise be required will not prejudice the timing or the manner of the provision of the public facility for which the contribution was required, or the provision of items in the relevant contributions plan works schedule.

2.7 Dedication of Land

For contributions imposed under Section 94 of the Act, Council may accept a dedication of land from a developer in lieu of the developer making a monetary contribution towards the acquisition of land. Factors which Council will take into consideration when deciding whether to accept a dedication, in lieu of or as an offset against a monetary contribution, include:

a) the ability of the land once dedicated to be used for the purpose for which the contribution was originally sought;

b) area, location, configuration and topography of the land;

c) environmental considerations such as vegetation cover, soil condition, flood liability, bush fire risk, etc;

d) accessibility, current use and improvements and availability of water supply and other utility services;

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f) the zoning of the land, and specifically whether it has been identified in any plan as being suitable for open space;

g) whether the land is readily accessible and visible from a street frontage or other public thoroughfare;

h) whether the land adjoins any existing or proposed area of open space and can readily and desirably be consolidated into that existing or proposed area at a later date;

i) whether the land’s location allows it to be used by the intended population (for example, local parks should be within walking access of residences); j) the extent to which any easements (drainage/transmission lines)

substantially prejudice the intended purpose/enjoyment of the open space; and

k) Council considers the dedication appropriate in the circumstances of the case.

2.8 Review of Plan and Contribution Rates

The Contributions Plan will be reviewed at least on a biennial basis. Such reviews will canvass, where data is available:

development activity in terms of latest information on net additional dwellings and populations;

likely development activity to be experienced in the future (where fresh research establishes modified projections for resident and worker populations);

progress in the delivery of public facilities and amenities identified in the Works Schedule;

modifications of facility concepts, changes in anticipated facility costs, facility timing and land values;

annual contributions and expenditure information; and

any other factors likely to affect the delivery of works identified in the plan.

As part of this review, contribution rates in the plan will be adjusted taking account of more recent information and, where relevant, the following:

Consumer Price Index; increases in land values;

actual costs of completed works;

reviewed costs of yet-to-be-completed capital works and land acquisitions; adjustments in projected project management and contingency costs

associated with capital works; and

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Pursuant to Clause 32(3) of the Environmental Planning and Assessment Regulation 2000, Council may make certain minor adjustments or amendments to the plan without prior public exhibition and adoption by Council. Minor adjustments could include minor typographical corrections, amendments resulting from changes in the Consumer Price Index, or the omission of details concerning works that have been completed. As a result, minor adjustments to the plan could be undertaken at more regular intervals than the biennial review.

For changes to the Consumer Price Index (All Groups Index) for Sydney, the contribution rates within the plan will be reviewed on a quarterly basis in accordance with the following formula:

$CA +$CA X (Current Index – Base

Index)

Base Index

Where:

$CA is the contribution at the time of adoption of the plan expressed in

dollars

Current Index is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Statistician at the time of the review of the contribution rate

Base Index is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Statistician at the date of adoption of this plan

Note: in the event that the Current Index is less than the previous Consumer Price Index (All Groups Index) for Sydney, the Current Index shall be taken as not less than the previous Consumer Price Index (All Groups Index) for Sydney. All costs directly related the review of the contributions plan and contributions plan will generally be charged against contributions collected under the Plan Management and Administration category (see Section 12).

2.9 Allowances for Existing Development

Contributions levied under Section 94 of the Act will be calculated according to the estimated increase in residents that a particular development is deemed to generate. An amount equivalent to the contribution attributable to any existing (or approved) development on the site of a proposed new development will be allowed for in the calculation of contributions. In assessing the contribution of existing development the following occupancy rates will be used:

Dwelling houses and single vacant allotments – 3.1 persons per dwelling or lot.

Other dwellings – 1.8 persons per dwelling.

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2.10 Goods and Services Tax

No Goods and Services Tax (GST) is applicable to the payment of development contributions made under the Act.

This exemption applies to both cash contributions and land or works in lieu of contributions.

2.11 Pooling of Contributions

Pursuant to Section 93E(2) of the Act and Clause 27 of the Regulation, this plan authorises that Council may pool monetary contributions collected under Sections 94 and 94A of the Act and be applied progressively to the works priorities identified in Section E.3 – Works Schedules.

In any case of the Council deciding whether to pool and progressively apply contributions funds to the works priorities identified in Section E.3, the Council will have to first be satisfied that such action will not unreasonably prejudice the carrying into effect, within a reasonable time, of the purposes for which the money was originally paid.

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Part C – Need for Public Facilities

3. Population

and

Development Profile

3.1 Settlement

Characteristics

Wollondilly Shire is located on the south-west fringe of metropolitan Sydney. The majority of the Shire is zoned and used for either rural, water catchment or national park purposes. Much of the western half of the Shire is inaccessible and all settled areas are located east of the Lake Burragorang catchment, Sydney’s primary water supply source.

Settlement in the Shire is either related to rural activities or concentrated in the numerous towns and villages which are within its boundaries. The larger settlements include Picton/ Tahmoor/Thirlmere, Warragamba/Silverdale, Appin and Bargo. No individual town currently has a population greater than 5,000 persons.

Other features of land use and development in the Shire include:

An estimated resident population of about 41,800 living and a total private dwelling stock of approximately 14,500;

major industries include coal mining, dairying, grazing, orchards and poultry products; and

major communications links include the Hume Highway and the Main Southern Railway, which pass through the area along what is known as the ‘Sydney-Canberra Corridor’.

Table 3.1 shows the estimated distribution of dwellings and population in 2004

throughout Wollondilly.

Table 3.1: Estimated Dwellings and Population in Wollondilly in 2004

Area Occupied Private

Dwellings

Estimated Resident Population (in Occupied

Private Dwellings) Estimated Resident Population (Total) Urban Centres Appin 495 1,469 1,530 Bargo 1,223 3,513 3,659 Buxton 564 1,648 1,716 Douglas Park 277 864 900 Menangle 89 307 320 Mount Hunter 79 239 249 Oakdale 354 1,051 1,095 Picton 1,228 3,276 3,413 Silverdale 954 3,109 3,239 Tahmoor 1,609 4,352 4,533

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Area Occupied Private

Dwellings

Estimated Resident Population (in Occupied

Private Dwellings) Estimated Resident Population (Total) Urban Centres The Oaks 527 1,592 1,658 Thirlmere 972 2,823 2,941 Warragamba 510 1,257 1,309 Wilton 158 476 496 Yanderra 200 573 597

Urban Centres Total 9,239 26,549 27,655 Rural and Rural Residential

Areas Total 4,455

13,012

13,554

Shire Total 13,694 39,561 41,209

Source: Wollondilly Shire Council Development and Environment Division

Historically, The Wollondilly LGA showed steady population growth in the 1990s, following a period of relatively higher growth in the 1980s. During the 1991-2001 period:

Wollondilly’s population increased by an average of 688 persons per annum between 1991 and 2001;

the number of private dwellings in Wollondilly increased by 2,625, or an average annual growth rate of 263 dwellings;

for every private dwelling added to Wollondilly’s housing stock, 2.66 people were added to the estimated resident population; and

the average annual population growth rate between 1991 and 2001 was 2.1 percent per annum.

Over 90 percent of the current population live in detached dwelling houses. The local rural lifestyle and availability of land generally suggest that this high proportion is likely to remain for some time.

The growth rate in dwellings between 1998 and 2001 (2.7 percent per annum) was slightly higher that the rate recorded prior to 1998 (2.3 percent per annum). Overall dwelling growth was greatest in Precincts 3 and 4, in the south and east of the Shire. In the last few years, significant dwelling growth has occurred at Silverdale, Bargo and Picton.

More detail and data on net dwelling creation statistics is discussed in Section

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3.2 Demographic

Characteristics

The following demographic features characterise the residents of Wollondilly (Sources: Wollondilly Shire Council 2002a; CD Recreation Services and Heather Nesbitt Planning 2002):

household type is primarily families with school age children;

there is an above-the-Sydney region average proportion of pre-schoolers, primary school aged children, and youth aged 12 to 17 years;

consistent with state and national trends, the proportion of persons aged 55 years and over is growing;

lone person households comprise 13 percent of households while single parent families comprise about 14 percent of all households;

incomes are highly divergent (mix of wealthy and less well-off people) with anecdotal information suggesting that this reflects the recent influx of new residents to the area and the changing rural to rural-residential lifestyles of residents;

70 percent of workers travel outside the Shire to employment – major destinations are Sydney City, Campbelltown and Parramatta;

indigenous persons comprise 1.4 percent of the Shire population;

persons from a non-English speaking background comprise 3.7 percent of the population which is well below the Sydney region average;

the major industry categories which Wollondilly residents are employed in are manufacturing, health and community services, retail trade and construction;

unemployment rates are generally higher than the NSW average, with the unemployment rate for 15 to 24 year-olds being 13 percent, as at 2001; and overall, the LGA has been accommodating greater numbers of persons

aged 35 and over, and fewer numbers of persons aged under 35.

Households in Wollondilly are characterised by significant numbers of couples and families with school aged children, although the proportion of children in the 0-14 age group has been declining for a number of years. This group has contracted, generally at the expense of an increase in the number of people aged 50-64 years. The desirability of rural residential living relatively close to Sydney, a gradual aging of the Australian population, and increasing land and housing prices may be all factors which have contributed to this phenomenon.

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Table 3.2 shows the evolving age profile of Wollondilly residents since 1986. Table 3.2: Age Distribution 1986 to 2001

Age 1986 (percent) 1991 (percent) 1996 (percent) 2001 (percent)

0–14 30.4 28.7 27.6 25.8 15–24 14.3 13.8 13.6 13.6 25–34 17.3 16.4 14.1 13.3 35–49 20.6 23.0 24.8 24.0 50–64 10.4 10.8 12.3 15.4 65+ 7.0 7.1 7.5 7.9

Source: Australian Bureau of Statistics, Population and Housing 2001, Census 2002.

3.3 Growth Opportunities and Identified Development

Areas

Wollondilly has historically produced dwellings mainly in the form of detached dwellings. This is expected to continue. New dwellings are likely to be accommodated within the following contexts:

Further urban residential subdivision in and adjacent to the Shire’s towns and villages;

rural residential subdivision in the areas between the Shire’s towns and villages (including ‘lifestyle’ community title developments); and

to a lesser extent, provision of dual occupancy, medium density and older persons housing.

Council’s Wollondilly Vision 2025 document reflects the community’s expectations for where urban growth may occur in the future. In addition, Council is currently preparing strategies that nominate land in growth areas in Wollondilly

Vision 2025 and other sites for future urban and rural residential development.

These areas, together with subdivisions/rezonings that Council has received and which are likely to proceed constitute the primary avenues for development growth in the future.

Development opportunities likely to materialise in Wollondilly in the future are identified in Table 3.3.

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Table 3.3: Key Development Sites and Areas

Area Details Status / Source

of Information

Possible Dwelling/ Lot

Creation Tahmoor Development anticipated from Picton

Tahmoor Thirlmere Strategy and infill development

Picton Tahmoor Thirlmere Strategies and LES

Over 1,300

Thirlmere Development anticipated from Picton Tahmoor Thirlmere Strategy and infill development

Picton Tahmoor Thirlmere Strategies and LES

Over 1,200

Bargo Vision 2025 strategy to make available land for residential and rural residential development; Seniors Living DA approved

Wollondilly Vision 2025 and development approval

Over 400

Wilton Vision 2025 strategy for residential; Bradcorp Wilton Park development and possible development surrounding this site

Wollondilly Vision 2025 and rezoning in progress

Over 1,200

Picton Development anticipated from Picton Tahmoor Thirlmere Strategies; currently zoned land at North Picton and infill development Picton Tahmoor Thirlmere Strategies and LES 700 to 800 Warragamba / Silverdale

Vision 2025 strategy to make available land for residential / rural residential development and infill development

Wollondilly Vision 2025

Up to 150

Lion Park rezoning and Bushrangers Creek rural residential

Rezoning in progress

600 to 900

Yanderra Vision 2025 strategy to make available land for residential development

Up to 220

Douglas Park Vision 2025 strategy to make available land for residential / rural residential development

Up to 100

Appin Vision 2025 strategy to make available land for residential / rural residential development

Up to 150

Vision 2025 strategy and LEP 70 Walker Developments in North Appin

Wollondilly Vision 2025 and rezoning in progress

350 to 400

The Oaks Vision 2025 strategy to make available land for residential and rural residential development

Up to 150

Menangle North Menangle: Vision 2025 strategy and other DA approval; West Menangle Vision 2025 strategy; 178 Seniors Living dwellings in South Menangle

Wollondilly Vision 2025 and rezoning in progress Up to 350 Camden Park / Cawdor

Camden Park - Bridgewater Estate Stages 7-11

Development approval

Approximately 340 Buxton Vision 2025 strategy to make available

land for residential development

Up to 50

Brownlow Hill / Orangeville

Rural residential development in Bobs Range Rd

Development approval

50

Source: Wollondilly Shire Council Development and Environment Division

Council’s vision is to maintain a balance of urban and rural lifestyles. This seems achievable in the foreseeable future, yet major development decisions may be made by State Government which could significantly alter this scenario.

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3.4 Anticipated Development and Population Increase

3.4.1 Projections

Research

Research of published population and dwelling projections for Wollondilly was undertaken as part of the preparation of this contributions plan (refer to Parsons Brinckerhoff 2004). This analysis compared projections compiled for the previous contributions plan, and those compiled for the Department of Infrastructure, Planning and Natural Resources and the former Department of Transport. Some of these projection sources were either outdated or not sufficiently fine-grained in their methodology to represent a meaningful reflection of future demand in the Wollondilly Shire. For this reason, an updated fine-grained projections assessment was undertaken – the findings of which are included in Section 3.4.2. A selection of data of annual housing production levels and forecasts from the projections research is shown in Table 3.4.

Table 3.4: Annual Housing Production Levels and Forecasts

Source Average Annual Net

Dwelling Creation

Australian Bureau of Statistics Census of Population and Housing 1991 to 2001

263 Wollondilly Section 94 Contributions Plan 2000 forecasts for period

1999 to 2009

328 Metropolitan Development Program (2002) for period to 2006/07 311 Wollondilly Shire Council dwelling data for the period 1998 to 2001 320 Wollondilly Shire Council dwelling data for the period 1991 to 1998 238

Average 292

The projections research assumed that, notwithstanding major individual land releases, Wollondilly LGA will continue to perform a fringe metropolitan development role (rather than comprise substantial ‘Bringelly-like’ urban release areas) and that overall dwelling creation in the future might reflect the net dwelling creation data recorded in Wollondilly in recent times.

The findings of the preliminary projections assessment by Parsons Brinckerhoff found that:

around 300 net additional dwellings might be expected to be created per annum, on average, over the longer term. This would translate into 8,100 additional dwellings (over the 1999 base) by 2026;

based on these findings and applying the household occupancy rate adopted for the current contributions plan (3.0 persons per dwelling), this would translate into an additional 24,300 people living in the Shire over the same period; and

using a lower occupancy rate, reflecting the aging population phenomenon, would yield a lower population increase over the same period.

The findings of the preliminary assessment were used as a basis to evaluate the reasonableness of the outcomes of the updated fine grained assessment discussed below.

WOLLONDILLY DEVELOPMENT CONTRIBUTIONS PLAN 2011

W

OLLONDILLY

D

EVELOPMENT

C

ONTRIBUTIONS

P

LAN

2011

November 2011

W

OLLONDILLY

S

HIRE

C

Document Control

CONTENTS

Preamble

Part A - Summary

A1.

Purpose of the Plan

A2. Anticipated

Development

A3.

Need for Services and Amenities

A4.

Summary of Works Schedule

A5. Calculating

Contributions

A6.

Summary of Contribution Rates

A7. Structure of the Plan

Part B – Plan Scope, Administration and

Management

1.

Scope of the Plan

1.1

What are Development Contributions?

1.1.1

Section 94 Contributions

1.1.2

Section 94A Levies

1.1.3

Planning Agreement Contributions (Section 93F)

1.2

What is the Name of This Plan?

1.3

When Does This Plan Take Effect?

1.4

What is the Purpose of the Plan?

1.5

To What Areas Does This Plan Apply?

1.6

To What Types of Development Does This Plan

Apply?

1.6.1

Development Contributions under Section 94

1.6.2

Development Contributions under Section 94A

1.7

What is this Plan’s Relationship to Other Plans?

2.

Administration of the Plan

2.1

How Does This Plan Operate?

2.2

What Time Period does the Plan Cover?

2.3

How are Disputes Resolved?

2.4

Can Contributions be varied?

2.5

When Are Contributions Payable?

2.5.1

Adjustment of Contributions at the Time of Payment

2.5.2

Deferred or Periodic Payment

2.6

Material Public Benefits and Works in Kind