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ECTION Yass Valley Council Section 94 Contributions Plan September 2004 S
DEVELOPMENT RELATED FEES CHARGES & DEVELOPMENT CONTRIBUTIONS
CONTRIBUTIONS
The provisions of Council’s Section 94 Plan applies to development within urban and rural areas, and provides for the levying of contributions for public amenities and services including the following: Urban Roads & Traffic; Community facilities; Open space improvements; Bushfire facilities; Plan administration.
Council also levies contributions under Section 64 of the Local Government Act in relation to Water and Sewer works. For details on the contribution rates refer to Council’s current Management Plan and Development Servicing Plans.
Other development related fees are contained within Council’s annual Management Plan.
2 Yass Valley Council Section 94 Contributions 2004
Table of Contents
Summary of Section 94 Contribution Rates Schedule for 2004/2005...5 Part A - Introduction & Section 94 Framework ...... 9 Introduction ...... 9 Citation / Name of Plan ...... 9 Purpose and Objectives of the Plan...... 10 Land to which this Plan Applies...... 11 Relationship to other Plans, Manuals & Policies ...... 13 Establishment of a General Nexus...... 13 Population & Development Statistics ...... 14 Part B - Contribution Calculation...... 19 General Calculation Formulae & Application...... 19 Recreational Open Space, Cycleways & Trails...... 22 Compensatory Planting - Vegetation Replacement...... 26 Multi-Purpose Community Facilities ...... 28 New Resident Kits...... 33 Library Resources...... 34 Urban Roads & Traffic Management – Yass Town, Bowning & Binalong Villages 35 Yass Town, Murrumbateman & Binalong Cycleway Networks...... 41 Carparking – Yass Town Centre ...... 45 Stormwater Quality Remediation...... 48 Bushfire Protection...... 50 Yass Town Fire Services ...... 51 Plan Administration ...... 52 Associated Study Costs ...... 54 Developer Agreements and Yass Valley Council’s Community Enhancement Program ...... 55 Section C - Contribution Policy & Definitions ...... 58 Estimated Costs...... 58 Timing of Works ...... 58 Indexation ...... 58 Section 94 Contributions and the Goods and Services Tax...... 59 Method and Timing of Payments...... 59 Policy on Discounting or Review of Contributions...... 62 Monitoring and Review of the Plan...... 63 Definitions under this Plan ...... 63 Works Schedules Content...... 64 Part D - Work & Cash Flow Schedules ...... 65
3 Yass Valley Council Section 94 Contributions 2004
YASS VALLEY COUNCIL – SECTION 94 PLANS - CHRONOLOGY
Date Name of Plan Details of Plan or Amendment 26 July 2000 Yass Shire Council Section 94 Roads component still in Contribution Plan 2000 (Rural Roads force. & Plan Administration) Yarrowlumla Shire Council Section 94 Still In force for areas now Plan - Roads in Yass Valley Council LGA Gunning Shire Council Section 94 Still In force for areas now Plan - Roads in Yass Valley Council LGA 8 September Yass Valley Council Section 94 Comprehensive new plan 2004 Contributions Plan 2004 prepared by Council. 13 September Amendment to Yass Valley Council Amendment which 2006 Section 94 Contributions Plan 2004 – introduces the Community Community Enhancement Program Enhancement Program
4 Yass Valley Council Section 94 Contributions 2004 Summary of Section 94 Contribution Rates Schedule for 2004/2005
This section has been prepared to satisfy the statutory requirements as provided under clause 26(1)(e) of the Environmental Planning and Assessment Regulation 2000.
Murrumbateman Gundaroo & Sutton Village & Yass Town & Surrounding Village & Surrounding Surrounding Rural Binalong Bookham & Wee Rural Residential Rural Residential Residential Village Bowning Village Jasper Villages
per ET/Lot per ET/Lot per ET/Lot per ET/Lot per ET/Lot per ET/Lot Open Space & Recreation Open Space Works $1,888 $1,888 $1,888 $1,308 $1,308 $1,308 Community Facilities Community Facility Works $1,000 $1,000 $1,000 $326 $326 $326 Library Stock $194 $194 $194 $194 $194 $194 Library Floorspace $223 $0 $223 $0 $0 $0 Bushfire Services n/a $880 $880 $880 $880 $880 Yass Urban Fire Services $44 $0 $0 $0 $0 $0 New Resident Kits $3 $3 $3 $3 $3 $3 Traffic Management Urban Roads & Traffic Management $1013 TBD $0 $1,484 $1,511 $0 Cycleways $331 $0 $616 $217 $0 $0 Rural Roads refer to roads plan refer to roads plan refer to roads plan Administration Administration $446 $446 $446 $446 $446 $446 S94 Related Studies $73 $73 $73 $73 $73 $73 TOTAL CONTRIBUTION PER DU/Lot $5,215 $4,484 $5,323 $4,932 $4,742 $3,231
Other Contributions determined by DA Murrumbateman Gundaroo & Sutton Village & Bookham & Yass Town & Surrounding Village & Surrounding Surrounding Rural Bowning Wee Jasper Rural Residential Rural Residential Residential Binalong Village Village Villages
Compensatory Planting (refer plan) $3 per tree $3 per tree $3 per tree $3 per tree $3 per tree $3 per tree Carparking (refer plan) $9500 per space n/a n/a n/a n/a n/a Stormwater Quality Remediation refer to plan refer to plan refer to plan refer to plan refer to plan refer to plan Open Space Land Acquisition refer to plan refer to plan refer to plan refer to plan refer to plan refer to plan Community Facility Land Acquisition refer to plan refer to plan refer to plan refer to plan refer to plan refer to plan
6 Yass Valley Council Section 94 Contributions 2004
Contributions in Rural Areas (excluding Rural Residential and Small Lot Zones)
Murrumbateman/ Gunning/Sutton (excl. rural res & villages) Coolalie Good Hope Bowning/ Binalong Wee Jasper & Wallaroo
per Development per Development per Development per Development per Development Unit/Lot Unit/Lot Unit/Lot Unit/Lot Unit/Lot Open Space & Recreation Open Space Works n/a n/a n/a n/a n/a Community Facilities Community Facility Works n/a n/a n/a n/a n/a Library Stock $194 $194 $194 $194 $194 Library Floorspace n/a n/a n/a n/a n/a Bushfire Services $880 $880 $880 $880 $880 Yass Urban Fire Services n/a n/a n/a n/a n/a New Resident Kits $3 $3 $3 $3 $3 Traffic Management Urban Roads & Traffic Management n/a n/a n/a n/a n/a Cycleways n/a n/a n/a n/a n/a Rural Roads refer to roads plan refer to roads plan refer to roads plan refer to roads plan refer to roads plan Administration Administration $446 $446 $446 $446 $446 S94 Related Studies $73 $73 $73 $73 $73 TOTAL CONTRIBUTION PER ET/Lot $1,596 $1,596 $1,596 $1,596 $1,596
Determined on individual DA: Compensatory Planting (refer plan) $1200 per ha $1200 per ha $1200 per ha $1200 per ha $1200 per ha
7 Yass Valley Council Section 94 Contributions 2004
SUMMARY OF SECTION 94 CONTRIBUTION RATES FOR MULTI -UNIT RESIDENTIAL DEVELOPMENT
Rates per Additional Dwelling based on proportion of allotment:
Occupancy Proportion of Rate Allotment Contribution 1-bedroom 1 0.4 2-bedrooms 1.3 0.5 3-bedrooms 2.59 1.0 4-bedrooms 2.59 1.0
Single Allotment *2.59 1.0
Note: These proportions are applied to developments for multi-unit dwellings only.
8 Yass Valley Council Section 94 Contributions 2004
Part A - Introduction & Section 94 Framework
Introduction
Section 94 of the New South Wales Environmental Planning and Assessment Act 1979 (the Act) enables Council to levy development contributions towards the cost of providing public services and amenities which will meet demands generated by new development.
For Council to be able to levy a contribution however, they must have in place a contributions plan which has been prepared in accordance with the Act.
The Yass Valley Council Section 94 Contribution Plan has been prepared in four parts which address the following:
Part A – Introduction and Section 94 Framework
Introduction Citation / Name of Plan Purpose & Objectives Area of Plan Relationship to Other Plans General Nexus Issues Development and Population Statistics
Part B – Contribution Calculations
General Formula for Calculating Contributions Policies etc for Exemptions or other Specific Development Related Issues Detailed Calculations and Supporting Information for the specific Contributions levied under the plan by facility type, location etc
Part C - Policy and Definitions
Part D – Indicative Work Schedules and Cash Flow Projections
Citation / Name of Plan
This plan shall be referred to as the “ Yass Valley Council – Section 94 Contributions Plan 2004”, and has been prepared in accordance with Section 94 of the Environmental Planning and Assessment Act 1979, the Environmental Planning And Assessment Regulations 2000, and the Department of Infrastructure, Planning and Natural Resources’ Section 94 Contributions Manual – Second Edition .
The plan also has regard to other best practice and the issues raised within the Department’s Review of the Developer Contributions System – 2000.
Purpose and Objectives of the Plan
The purpose of the plan is to provide the necessary framework for the efficient and equitable determination, collection and management of developer contributions towards the provision of public amenities and services such as:
Road and Traffic Management works (rural & urban); Cycle-ways; Community Facilities (multi-purpose facilities & libraries); Compensatory Tree Planting; Open Space; Stormwater Quality Works; Section 94 Studies and Administration; Bushfire Protection.
The provision of such services and amenities is to be undertaken to ensure that appropriate and reasonable environmental, amenity and servicing standards are achieved within the Shire. The plan also provides that the facilities are designed and constructed to a standard that is commensurate with the needs of both existing and future population that will utilise them.
The plan will also enable the appropriate and accountable financial management of income derived from developer contributions in accordance with the provisions of the Environmental Planning and Assessment Act 1979, and Part 4 of the Environmental Planning and Assessment Regulation 1994.
This section has been prepared to satisfy the statutory requirements as provided under clause 27(1)(a) of the Environmental Planning and Assessment Regulation 2000.
The objectives of the plan include:
To provide appropriate management of the cash flow resulting from developer contributions received under this plan and any previous income received pursuant to section 94 of the Act, and
To provide cash flow management and expenditure priorities that best meet the demands generated by development and the identified servicing needs of the community, and that will ensure that amenities and services nominated under the plan are provided in a timely and cost effective manner;
To minimise Council’s exposure to legal and financial risk;
To provide an overall strategy for the coordinated delivery of public amenities and services consistent with Council’s Strategic intent, Management Plan and State of the Environment Report;
To provide a useful source of information on Council’s Contribution Programme for the community, development industry and Council alike;
10 Yass Valley Council Section 94 Contributions 2004 To enable Council to require, as a condition of development consent, a fair and reasonable cash contribution and/or land dedication towards the provision of public amenities and services, in addition to specific development related works such as road widening or road works, footpaths, kerbing and guttering, street tree planting and drainage immediately adjacent to a development site;
To 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;
To comply with the relevant legislation, and achieve best practice in the plan format and management, and ensure provision of appropriate amenities and services within a reasonable time and at a reasonable cost;
To enable the Council to be both publicly and financially accountable in its assessment and administration of the Contributions Plan;
To ensure that appropriate public amenities and services are provided to meet the demands generated by new development, without placing an unreasonable financial burden on Council;
To recognise that new development will creates additional demands for public services and amenities, as well as benefit from the provision of these services and amenities;
Recognition that Council has a legal and community obligation to recover costs from development that necessitates provision of public facilities and services, and that these costs are a legitimate “development cost”; and
To reduce the level of Council “subsidy” for new development so as not to financially burden the community.
Land to which this Plan Applies
This plan applies to all lands within the Yass Valley Council Local Government Area (“LGA”).
A map of the LGA is shown in Figure 1.
This section has been prepared to satisfy the statutory requirements as provided under clause 27(1)(b) of the Environmental Planning and Assessment Regulation 2000.
11 Yass Valley Council Section 94 Contributions 2004
Figure 1 – Yass Valley Council Local Government Area & Rural Road Contribution Catchments
12 Yass Valley Council Section 94 Contributions 2004
Relationship to other Plans, Manuals & Policies
This plan applies to land covered by the Yass Local Environmental Plan 1987 in addition to the Yarrowlumla Local Environmental Plan 2001 and Gunning Local Environmental Plan 1997 as far as these plans apply to the Yass Valley LGA (and any subsequent amending or superseding LEP), and was prepared and adopted in accordance with the provisions of Section 94 of the Environmental Planning and Assessment Act 1979 (as amended) and Part 4 of the Environmental Planning and Assessment Regulation 2000. Council has also had regard for the Department of Urban Affairs and Planning’s Section 94 Contributions Manual in the formulation of this plan.
The plan should also be read in conjunction with any relevant Development Control Plans and Council’s Codes and Policy that apply to the subject lands.
This contribution plan takes precedence over any other Council plan, policy or charges in relation to the determination of Section 94 contributions excluding those plans prepared for the levying of contributions for roads in rural areas or roads previously in Gunnning and Yarrowlumla LGAs (now in Yass Valley LGA).
The plan has also been prepared to be consistent with the objectives of Council’s Management Plan and the related strategic intent of Council.
Contributions for water and sewer supply, distribution and headworks are not included within this plan as they are determined under other legislation.
Establishment of a General Nexus
Many public services and amenities are likely to predominantly cater for residents of a specific locality. Where this is the case the provision of such has been dealt with on a district basis with a unique contribution rate for the district determined for those facilities or services which will specifically address demand within that district.
New development also creates a demand on LGA-wide and regional facilities and services, and as an areas' population increases so does the demand for amenities and services that address the overall needs of the LGA.
A number of facilities and services that will meet the overall needs of the LGA in addition to specific areas have been identified within this plan. The justification for the provision of such facilities and services, and the standard for provision have been dealt with specifically in the respective section of the plan.
The plan also recognises that existing development may also benefit from the provision of such public infrastructure and services. As such, the formulae used to determine the contributions applicable to new development, have been formulated to apportion costs to
13 Yass Valley Council Section 94 Contributions 2004 both existing and new development on the basis of their relative proportional benefit wherever this may be appropriate.
The establishment of “nexus” (or link/relationship) is a fundamental premise of section 94 and includes:
Causal Nexus – the development subject to a contribution must create an additional demand for the public amenity or service for which a contribution is being levied; Physical Nexus - the facility or service must be near enough in geographical terms to provide benefit to the development; and Temporal Nexus - the facility or service must be provided within a “reasonable” time.
Population & Development Statistics
The contributions levied, and projected income and expenditure under this plan are based on population and development yield projections for specific localities and types of development in addition to the projections on a LGA basis where appropriate. For the purposes of this plan these projections are shown in the following tables.
POPULATION PROJECTIONS
Any population projections for Yass Valley need to consider the historical trends in addition to the significant changes that Yass Valley is experiencing both in its own right as well as a result of its position within the Capital-Hume Region.
Recent trends have seen Yass Valley, particularly Yass Town and the eastern areas of the Shire experiencing significant demands for additional housing. Some of this demand has been able to be met in the past through take-up of existing housing stock, however the demand for new residential subdivision, single dwellings and multi-unit residential development is now experiencing significant growth.
The following tables provide information on past and current population trends in addition to an indicative population projection for the Shire.
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Longer Term Population Growth Trends in a Regional Context
Local Government 1981-86 1986-91 1991-96 1996-01 1981-01 Area Boorowa -2.02 0.25 -0.95 -0.15 -0.72 Crookwell -1.80 0.60 -0.58 -0.26 -0.51 Goulburn -0.28 0.18 -0.46 -0.06 -0.15 Gunning 0.70 1.10 1.00 0.08 0.72 Harden -1.05 0.32 -1.20 -0.08 -0.50 Mulwaree 2.06 1.62 1.46 3.83 2.24 Queanbeyan 2.81 1.81 2.24 3.03 2.48 Tallaganda 1.85 0.59 0.48 1.52 1.11 Wingecarribee 2.42 3.77 2.17 2.45 2.70 Wollondilly 4.84 4.06 1.97 2.24 3.28 Yarrowlumla 8.07 4.08 2.92 2.93 4.50 Yass 2.11 1.67 0.98 1.90 1.67 Young -0.16 0.34 0.42 0.94 0.38 Capital Hume Region 2.02 2.21 0.93 1.93 1.77 NSW 1.11 1.29 1.02 1.27 1.17 Source: SGS Capital Hume Demographic Social and Economic Analysis
The above tables show clearly that Yass Valley local government area (comprising Yass and part of Gunning and Yarrowlumla) is experiencing significant growth both in a local and regional context.
Population Projections
The following table provides a number of population growth scenarios for Yass Valley LGA.
Yass Rural Yass Valley Town Bowning Binalong Murrumbateman Gundaroo Sutton Balance Total 2001 5,207 138 286 1,248 238 257 3,986 11,360 2002 5,337 142 294 1,279 241 263 4,041 11,598 2003 5,467 146 300 1,310 245 270 4,097 11,835 2004 5,649 150 308 1,354 248 279 4,152 12,140 2005 5,909 154 314 1,416 251 292 4,207 12,544 2006 6,169 158 322 1,479 255 304 4,263 12,950 2007 6,377 162 328 1,528 258 315 4,318 13,287 2008 6,507 165 336 1,560 261 321 4,374 13,524 2009 6,638 170 343 1,591 264 328 4,429 13,762 2010 7,028 174 350 1,684 268 347 4,484 14,335 2011 7,418 178 357 1,778 271 366 4,540 14,907 2012 7,808 182 364 1,871 274 385 4,590 15,475 2013 8,120 185 371 1,946 277 401 4,640 15,941 2014 8,380 190 379 2,009 280 414 4,691 16,342 Source: Preliminary Estimates - Yass Valley Council and ABS
15 Yass Valley Council Section 94 Contributions 2004
The above projections are relatively simplistic, however they do provide a basis for comparison. Given recent experiences and the demand characteristics of the region it is likely that Yass Valley will continue to experience growth significantly higher than it has in the past.
A number of matters have been considered in producing these population projections including:
Recent growth trends; Sustained growth in the short to medium term from relatively low population base; Qualitative data indicating continued demand for housing in the LGA; and Regional trends and demands.
Yass Valley Council Population Projections
18,000
16,000
14,000
Yass Town 12,000 Bowning Binalong 10,000 Murrumbateman Gundaroo 8,000
Population Sutton Rural Balance 6,000 Yass Valley Total
4,000
2,000
0
001 002 003 004 005 006 007 008 009 010 011 012 013 014 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Year
16 Yass Valley Council Section 94 Contributions 2004 There are a number of variables that may impact on population growth across the Shire including:
cross-border population pressures between the Australian Capital Territory and Yass Shire due to: demand for alternative housing choices such as larger lots, rural lifestyles, and rural town or village living opportunities; future release of residential lands within NSW, adjacent to ACT border, to meet growth population growth in ACT; localised growth in Yass Town and villages.
It is expected that the majority of population growth would potentially be accommodated within the existing centres and areas that are closer to the ACT.
Note: The population projections provided above provide an indication of “possible” development trends for the LGA. The actual development rate may differ from these projections as a result of environmental contraints, market fluctuations and the like.
Population projections should be read in conjunction with the anticipated development yield information provided below.
Actual population growth will be monitored over the life of the plan and the plan amended if necessary to reflect changes to projections.
DEVELOPMENT PROJECTIONS
Estimated Additional Equivalent Tenements (Dwelling Units)
The following table provides an indicative projection of approvals for residential development per annum over the period 2004-2014 based on preliminary growth projections the LGA.
Yass Valley Total Additional ET 2004 12,086 108 2005 12,445 139 2006 12,806 139 2007 13,110 118 2008 13,334 86 2009 13,558 87 2010 14,055 192 2011 14,550 191 2012 15,040 189 2013 15,448 157 2014 15,802 137
17 Yass Valley Council Section 94 Contributions 2004
It should be noted that this projection is relatively unconstrained and does not fully factor in issues such as water supply, environmental or other servicing constraints.
Projected short to medium-term average additional Equivalent Tenements (ET) is approximately 150 ET per annum.
Locality Unrestricted lot potential (based on services being available to all zoned land) Towns & Villages Yass Town 2680 Murrumbateman Infill & Rural Res only Bowning 99 Binalong 245 Bookham Infill only Wee Jasper 114 Sutton TBC Gundaroo TBC
Note: Includes single dwellings on vacant allotments, multi-unit residential development, In addition to new allotments that create a new dwelling entitlement * Based on YLEP1987
Non-Residential Development
Non-residential development will be assessed on its individual merits, based on equivalent demand or impacts.
Note: The development yield information provides details on possible development scenarios for the relevant areas. Whilst the projections may vary in terms of the development rates achieved, the monies collected and any thresholds for provision will be determined on the basis of the actual development undertaken, not the initial projections.
The projections, as such, are an anticipated scenario only. However the table above provides critical information as it outlines the total expected yields within the life of the plan, and it is on this data that contribution income projections have been based.
Development yields will be monitored over the life of the plan and amended if necessary.
This section has been prepared to satisfy the statutory requirements as provided under clause 27(1)(c) of the Environmental Planning and Assessment Regulation 2000.
18 Yass Valley Council Section 94 Contributions 2004
Part B - Contribution Calculation
General Calculation Formulae & Application
GENERAL FORMULAE
The following general formulae provide a basis for the determination of developer contributions in accordance with this plan.
• Overall Basis for Determining Costs Attributable to New Development:
CN = TC x [FP / (EBP + FP)]
Where: CN = Contribution Attributable to New Development TC = Total Cost of Infrastructure (or services) to be Provided EBP = Existing Benefit Population
Note: where the infrastructure to be provided is to meet the demands generated by the new development only, then the “Existing Benefit Population” will be nil.
FP = Future Additional Benefit Population
• Contribution per Person:
Contribution per person = CN / FP
Where: CN = Contribution Applicable to New Development FP = Future Benefit Population
DETERMINATION OF CONTRIBUTION RATES FOR INDIVIDUAL DEVELOPMENTS
CR = A x DF
Where:
CR = contribution rate for development A = average cost of facilities per person (based on costs to provide facilities divided by number of persons the facility would generally service as per accepted state or other standards/benchmarks) DF = demand factor (equivalent persons by development type) i.e. “equivalent persons” = the number of additional persons, or demand equivalent, that is generated by a particular development.
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DEMAND FACTORS
For the purposes of levying contributions for residential development under this plan a rate will be calculated on the basis of an average occupancy rate for the various scales and types of development in accordance with the following:
Development Type Average Occupancy Rate
Multi-unit Residential Development 1 - bedroom 1.00 2 – bedroom 1.30 3 – bedroom 2.59 4 – bedroom Residential Subdivision – single 2.59 allotment
Note: Any room within a residential development capable of being occupied as a bedroom (excluding standard living areas) will be levied as such for the purposes of this contribution plan, unless the Council can be satisfied otherwise.
DEVELOPMENT UNDER STATE ENVIRONMENTAL PLANNING POLICY NO.5 (SEPP 5) – MINISTERIAL EXEMPTIONS
Development approved pursuant to State Environmental Planning Policy No. 5 – Housing for Older People or People with a Disability, will be levied developer contributions in accordance with this contributions plan.
The occupancy rates for the purpose of determining contributions will be the same as that for other multi-unit residential development unless the applicant is able to justify a departure from these rates.
Where a departure from the adopted contribution or occupation rates is proposed, the applicant shall provide in writing, in supporting documentation lodged with the development application, details of the proposed variation and the justification for such. This includes where a development is providing facilities for occupants on-site which may reduce the demands on facilities or services to be provided in accordance with this contributions plan.
COMMERCIAL , INDUSTRIAL AND RETAIL DEVELOPMENT
Generally development projections and contribution rates for commercial, retail and industrial developments have not been specifically determined under the plan.
These types of development will be assessed on individual merits and characteristics such as gross floor space and/or traffic generating characteristics.
Unless specifically stated otherwise no contribution will be levied on commercial, industrial and retail development for providing community and public open space facilities.
Where there is a departure from this approach justification is provided in the relevant section.
20 Yass Valley Council Section 94 Contributions 2004
DISCRETION RELATING TO DEVELOPMENT TYPES NOT SPECIFIED ELSEWHERE
While the plan generally refers to residential and commercial, retail and industrial floor space, there may be certain uses, such as private hotels, cinemas, restaurants, civic buildings, car washes and so forth, which do not necessarily fall into these categories.
In these instances, the Council may use its discretion to determine an “equivalent demand” to apportion costs based on the demand generated by the specific development, if it will generate demand for facilities already nominated under the plan.
In general, such a determination would be based upon the development’s capacity in terms of the number of full-time employees, short and long-term residents, customers or equivalent.
Where a development is proposed that has not been considered under this plan, but where it will generate demand for public amenities and services, Council may undertake to amend this contribution plan to address the specific contribution requirements of that development.
ROAD WIDENING , ROAD WORKS , DRAINAGE AND OTHER WORKS ADJOINING DEVELOPMENT SITES
Where development or redevelopment is undertaken which will necessitate the provision of works immediately adjacent to a development site including:
Road widening; Road works; Foot paving; Kerb and guttering; Street tree planting; and Drainage works
These works fall under the scope of Section 80 of the Act and shall be required to be provided or funded under the conditions of the development consent.
Council requires that where a development will generate demand for provision or upgrade of roads, drainage or other infrastructure immediately adjacent to a development site, the following will need to be addressed:
Dedication at no cost to Council of any land required for road widening or provision of other public amenities or services; Provision of works as specified above, by and at the full cost of the developer, to meet the demands generated within an agreed timeframe or where it is acceptable to Council the payment of a contribution that is equivalent to the construction cost of the works required as agreed by Council.
Note: Where any cash contribution is paid to Council, works will be undertaken within a reasonable time having regard for the demands generated by the development.
This section has been prepared to satisfy the statutory requirements as provided under clause 27(1)(d) of the Environmental Planning and Assessment Regulation 2000. 21 Yass Valley Council Section 94 Contributions 2004
Recreational Open Space, Cycleways & Trails
AREA OF APPLICATION & NEXUS
Yass Valley is characterised by a higher level of provision of open space for its population when compared to a number of other non-metropolitan areas and also the traditional, but now somewhat outdated, benchmark, of 2.83 hectares per 1000 persons.
The previous Yass Shire had in the order of 4.96 hectares of “active” open space per 1000 persons including: 8.16 hectares of parks; and 44 hectares of sports grounds & other active recreation areas. (source: draft YSC s94 Plan 2000)
Whilst the level of open space exceeds the traditional standard of 2.83ha/1000 persons, the level of provision reflects the demands and use of open space by the existing community in Yass Valley.
The NSW Land and Environment Court and the Department of Infrastructure, Planning and Natural Resources have supported and encouraged assessment and adoption of standards that reflect local characteristics and demands.
Council aims to provide a range and distribution of open space to meet varying demands across the Shire. The assessment of the demands across the Shire takes account of the type of new facilities, and upgrades of existing facilities, required to meet the population characteristics in different areas.
In assessing the demands for recreational open space for future population a combined qualitative and quantitative approach has been undertaken. This has involved an assessment of:
Estimated future demand; Existing supply of land and open space recreation facilities by type and location; Recreation preferences and demands of different community areas; Relevant quality standards; Accessibility and safety issues and standards; Compatibility with Council’s corporate and strategic aims; Consistency of approach against current best practice in open space planning; and Comparison to existing levels of provision.
Having regard for the above, Council also acknowledges that it has some currently unused or under utilised open space land resources, which are potentially available to embellish or
22 Yass Valley Council Section 94 Contributions 2004 augment to maintain an acceptable level of service and access for both existing and future residents for some open space functions and areas.
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
Council’s strategy for the levying of contributions to meet the demands of new development for recreational open space generally aims to embellish or augment Council’s existing land resources to increase their “carrying capacity” where this option is available.
However, this plan will also require a contribution for land acquisition or land dedication to be made where suitable open space does not exist within reasonable proximity to the proposed development.
In specific development areas, such as green field developments, demand generated by new development for particular types of open space, such as local parks, acquisition of additional land is warranted and will be required under this plan.
As a guide Council will require land dedication or contributions towards the acquisition (in addition to embellishment contributions) for new residential subdivision on “Greenfield” sites or extensive “in-fill” or “brown-field” sites in accordance with the following:
Open Space Type Approximate Characteristics Threshold for Provision
Small Local Park 1:1500 persons 0.2 ha minimum size (minimum ** new within safe walking distance of lots) all dwellings Local Park 1:3 625 persons 0.4 to 1.0 ha in size - walking distance of all dwellings District Park 1:10 000 persons 3 ha minimum size within 2km of all dwellings Sports Fields 1:2450 persons should include sports field capable of being adapted for use for multiple sports Courts/Skate Facilities etc 1:2450 persons should provide opportunities for skate facilities and/or full court or half-court ball sports Source: Above standards are based on commonly used criteria prepared by NSW Government.
Depending on the scale of any proposed development Council may accept contribution towards the acquisition and embellishment of open space, or alternatively if a development warrants the provision of facilities in its own right then Council may require appropriate dedication and embellishment of land for the provision of open space facilities.
The determination of developer contributions for Open Space has been based on benchmarking against other like Council areas, and widely accepted standards in use across the State.
23 Yass Valley Council Section 94 Contributions 2004 As was stated previously the historical quantitative benchmark for provision of recreational open space was 2.83 hectares per 1000 persons. Within Yass Shire this standard is considered outdated and unreasonable.
The Department of Infrastructure Planning and Natural Resources recognises the need for flexibility in the application of standards and advocates an approach that seeks to maintain the characteristics and level of service for both existing and future population.
As such, it is considered reasonable that the application of a minimum standard, in the order of 3.0 hectares per 1000 persons of active recreational open space is reasonable for future population. It should be noted that this standard is considerably less then the current level of provision. The following table provides an indicative breakdown of the recreational open space types by type or function.
Under this plan Council has differentiated between re-development or in-fill development within existing developed areas where the opportunity exists to augment existing open space facilities to meet increased demands. In this respect Council will levy a contribution for the upgrade or augmentation of existing facilities only. This will apply within the lower growth areas of the Shire, such as the Villages of Binalong, Bowning, Bookham, Coolalie, Good Hope and Wee Jasper.
Within areas experiencing more significant growth Council is unable to simply augment all open space facilities to meet the demands being generated by new development. In these cases Council will levy a contribution based on the cost of providing new facilities or significant upgrades to existing facilities to meet the demands of new growth.
The following tables provides a basis for the differentiation in costs for the determination of open space embellishment across the Shire:
Open Space Type % Area per Indicative Ave. Est. Cost per 1000 Area per Cost of new person persons person works per For new Ha m2 sq m facility (*) $
Small Park 20 0.6 6 m2 $22 $ 132 Large Park 25 0.75 7.5 m2 $ 32 $ 240 Courts & Skate 5 0.3 1.5 m2 $100 $ 150 Facilities etc Sub-total 1.65 $ 522 Walking & Horse Trails 5 1.5 m 2 $33 $ 49.50 Sports Fields 25 0.75 7.5 m2 $17 $ 127.50 /Sports Facilities
Semi-Natural and 20 0.6 6 m2 $ 5 30 Garden Areas
Total 100 3.0 30 m 2 - $ 729
* Cost for new works is based on the cost of designing and constructing new open space facilities where the existing facilities are at capacity, or no other facilities are currently provided which can be upgraded to meet the demands generated by the new development. This contribution is applicable to “Greenfield” development or development in Yass town and Murrumbateman, Sutton or Gundaroo villages.
24 Yass Valley Council Section 94 Contributions 2004 Open Space % Area per Indicative Ave. Est. Cost Cost per person Type 1000 Area per of Upgrade/ persons person augmentation/ augmentation Ha m2 upgrade per sq $ m (#) Small Park 20 0.6 6 m2 $11 $ 66 Large Park 25 0.75 7.5 m2 $11 $ 82.50 Courts & Skate 5 0.3 1.5 m2 $100 $ 150 Facilities etc Sub-total 1.65 - $ 298.50 Walking & 5 1.5 m 2 $ 33 $49.50 Horse Trails Sports Fields 25 0.75 7.5 m2 $ 17 $ 127.50 /Sports Facilities Semi-Natural 20 0.6 6 m2 $ 5 $ 30 and Garden Areas
Total 100 3.0 30 m 2 $ 505.50
# Cost for augmentation or upgrade of existing facilities to meet the demands generated by new development is based on increasing the capacity of existing facilities wherever possible. This is particularly relevant to areas experiencing relatively minor levels of growth such as the village areas (excluding Murrumbateman, Sutton & Gundaroo).
CALCULATION OF CONTRIBUTION RATE - OPEN SPACE WORKS
Villages of Binalong, Bowning, Coolalie, Good Hope and Wee Jasper
At an average estimated cost of $ 16.85 per m² the cost of upgrading open space facilities per additional person is:
Contribution per person = 30 m² per person x $ 16.85 cost per m² = $ 505.50 per person
Yass Town, Murrumbateman, Gundaroo, Sutton and other Greenfield Development Sites
At an average estimated cost of $ 24.20 per m² the cost of providing additional open space facilities per additional person is:
Contribution per person = 30 m² per person x $ 24.20 cost per m² = $ 729 per person
25 Yass Valley Council Section 94 Contributions 2004 CALCULATION OF CONTRIBUTION RATES FOR OPEN SPACE – LAND ACQUISITION
At this stage no land has been identified for acquisition with the intent being that existing public land will be embellished and upgraded to meet the demands generated in existing residential areas.
Where a subdivision of a greenfield site is proposed, land dedication at no cost to Council will be required to be undertaken, to provide open space land to meet the demands of new residents. The areas required will be determined as part of the development application process in accordance with the standards for provision identified within this plan.
Compensatory Planting - Vegetation Replacement
AREA OF APPLICATION & NEXUS
Development and rural activities are the primary cause of loss of both native /endemic and introduced vegetation across the LGA. This loss of vegetation has a number of significant adverse impacts on the environment in which we live, including:
Decreased water quality; Sedimentation; Weed infestation; Loss of habitat; Salinity; Soil Acidity; Air pollution; Decreased natural amenity; and Loss of rural and natural character.
The loss of established vegetation may be warranted in some circumstances, however Council is seeking to minimise the net impact of development and vegetation removal, and wherever possible aim for a positive outcome.
Where development in urban or rural areas results in the loss of vegetation, in particular established trees, and this vegetation is not replaced on the development site, Council is in a position to undertake compensatory planting elsewhere in the LGA. As such, a contribution will be levied by Council to undertake compensatory planting on the basis of the cost to plant native species including costs of plant stock, planting and initial establishment.
As such, Council will be looking to ensure that development that involves the loss of established vegetation either:
provides alternative and appropriate new plantings on the site or an alternative but suitable site at the developers cost; or pays a contribution towards the costs of compensatory planting to be undertaken through Council. 26 Yass Valley Council Section 94 Contributions 2004
Any compensatory planting should be undertaken in a manner and location that maximises its environmental benefit or increases the general amenity of urban areas, and shall be approved of by Council.
Where alternative planting may be undertaken by a developer, it will only be accepted as an alternative by Council where:
It can be demonstrated by the developer that the planting will provide suitable environmental and amenity benefits; and A bond is taken to at least the value of the contribution, that could be levied in accordance with this plan, to ensure that plantings are undertaken and maintained to ensure that plants become established over a 6 month period;
Assessment and application of appropriate conditions will be undertaken accordingly as part of the normal Development Application process.
The expenditure of contribution funds collected for compensatory planting will target planting of areas that provide greater benefits in terms of both improving amenity and enhancing the environment.
NOTE:
Works in Kind will be looked upon favourably in this instance where a developer/landholder may be able to undertake a planting program over their own land to revegetate appropriate areas.
Rural Areas – contribution will only apply where native vegetation is removed. Urban – will apply to removal of both native & introduced species
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
Through this plan the opportunity exists for Council to undertake both restoration of existing degraded lands or to undertake a “compensatory planting” program that aims to at least replace at least some of the established vegetation that is lost as a result of new development in the LGA.
The true cost of bushland restoration per hectare is estimated to be in the order of up to $ 34,100 per hectare (derived from estimates from Urban Bushland Management Pty Ltd. (Sydney) and from discussions with other professional land managers). This includes:
Cost of plant stock Planting Establishment Weed Removal Monitoring Replanting of lost plant stock
However under this plan, Council is only seeking a reasonable contribution towards the replacement of the bare minimum level of vegetation lost to development, and will not undertake substantial monitoring and establishment follow-up.
27 Yass Valley Council Section 94 Contributions 2004
CALCULATION OF CONTRIBUTION RATES
Compensatory Tree Planting Contribution
Contributions are determined on the basis of a “one for one” contribution towards compensatory planting for established trees removed to facilitate development and not replaced on site.
Contribution = $ 3 per tree (includes tubestock/planting and initial establishment)
Note: For the purpose of compensatory planting contributions will only apply for “established trees” proposed to be removed that are greater than 3 metres in height.
Contribution for large scale vegetation removal
Contribution on the basis of basic re-vegetation of an equivalent area of land to that being cleared to facilitate development:
Based on average 1 significant/established tree per 25 sq m area over 10,000 sq metres = say 400 trees @ $ 3 per tree = $ 1200 per hectare to be cleared.
Contribution = $ 1200 per hectare of land to be cleared
Multi-Purpose Community Facilities
AREA OF APPLICATION & NEXUS
Council’s community facilities and services provision addresses demands generated Shire-wide and across all age and socio-economic groups in the community.
The determination of contributions under this plan has also been based on variations in the levels of demand and the community facilities and services that are provided across the various areas within the Shire.
Under this plan Council has differentiated between low growth areas experiencing minor re-development, or in-fill development within existing developed areas, where the opportunity exists to augment existing community facilities to meet increased demands. In this respect Council will levy a contribution for the upgrade or augmentation of existing facilities only. This will apply within the lower growth areas, such as the Villages of Binalong, Bookham, Bowning, Coolalie, Good Hope and Wee Jasper.
Within areas experiencing more significant growth, Council is unable to simply augment existing community facilities to meet the demands being generated by new development.
28 Yass Valley Council Section 94 Contributions 2004 In these cases Council will levy a contribution based on the cost of providing new facilities or significant upgrades to existing facilities to meet the demands of new growth.
As such, specific contributions for community facilities have been determined for different areas.
Council’s existing network of community facilities is generally operating at capacity and new development will increase the demand for the provision of facilities to address a range of community services.
However, under this plan Council proposes to take a more generic and flexible approach to expenditure and provision of community facilities. This “multi-purpose” approach and greater emphasis on social and community demand driven expenditure of funds has been adopted by Council in an effort to:
achieve more appropriate servicing; provide increased flexibility to address changing community needs over time; address shifts in government policy and funding programs; and provide more innovative, economical and effective provision,
The adoption of a “multi-purpose” community facility and services approach to expenditure will also enable:
facilities to be provided or augmented which meet a range of community needs in one centre or service – increasing levels of community access and service; provision of facilities within a reasonable time, with the potential to stage facilities; achievement of increased economies of scale in both terms of initial construction and ongoing operating and maintenance costs; augmentation of existing facilities to increase their capacity to meet the demands generated by new development, whilst providing cost savings through the use of Council’s existing land and building assets – and ongoing cost savings through a manageable community facility asset base; greater flexibility in providing facilities including potential to explore joint venture arrangements; provision of a manageable community facility asset base – where the number of facilities is optimised to achieve increased economies of scale, minimised maintenance budgets, and better patronage of facilities; and, the establishment of a focal point for community services delivery and the potential to co-locate community services and amenities which may provide benefits in community development terms, as well as potential cost benefits through the sharing of resources between community groups.
As such, this plan has adopted the approach of levying contributions based on a demand for generic or multi-purpose expenditure on upgrading community facilities or providing additional floorspace to meet demands generated by additional population.
Through ongoing community consultation and needs analysis, Council will identify the specific projects to be funded and works schedules will be amended to reflect such. The current work schedule provides an indicative list of works for the short-term. Additional project details will be added as they are identified.
29 Yass Valley Council Section 94 Contributions 2004 STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
Yass Valley Council has determined relevant standards for provision through the adoption of relevant guidelines and criteria such as those of the Department of Community Services (DoCs), and benchmarking against current standards within other Local Government Areas.
In order to provide an acceptable standard of provision for baseline community facilities to meet the demands generated by incoming development, the following comparison of standards is provided:
Common TOTAL SIZE No TOTAL Facility Standard SIZE - M² No M² M² M²
PROPOSED FACILITIES D2 GUIDELINES (District level - 22,000 population) (Equivalent 22,000 population)
Local 1 : 3,500 400 - 600 m² 5 2,500 m² 180 m² 8 1,440 m² Neighbourhood / - 6,000 Average - 500 Community m² 300 m² 4 1,200 m² Centre
District 1 : 600 - 1,000 m² 2 1,600 m² N/A N/A Nil Community 10,000 - Average - 800 Centre 20,000 m²
Children’s No of 250 - 450 m² 4 1,400 m² 300 m² 12 3,600 m² Centre places Average - 350 (160 1:10 m² places)
Youth Centre/ 1 : 300 - 500 m² 2 800m² 180 m² 4 720 m² Annexe 10,000 - Average - 400 20,000 m²
Cultural/Arts N/A Average - 600 1 600 m² N/A N/A Nil Facilities m²
TOTAL FLOORSPACE 6,900 m² 6,960m² (source: Statistics from a range of government, private provider and consultant sources tabulated by Wyong Shire Council )
The above table provides a comparison of a number of commonly used sources for the provision of baseline standards for community facility provision.
The Department of Planning Circular D2 has been used as a benchmark and referenced by local government consistently since developed by the Department in 1982. Likewise the comparative standards derived from work by Briggs (1992), MAV (1990) and SAULT (1994), provide an updated assessment of benchmarks for provision.
It is emphasised that these standards are for the provision of baseline facilities only, and reflect only a proportion of the total demands for community amenities and services by the community. However, in the interests of arriving at a reasonable contribution rate for new development, Council has adopted these baseline standards for the determination of contributions under this plan.
For a catchment population of 22,000 persons the D2 guidelines provided for the provision of baseline facilities based on a standard of floorspace of 6960 m².
30 Yass Valley Council Section 94 Contributions 2004 As such, the level of provision of additional community floorspace under this plan (excluding that for libraries which are determined separately) is as follows:
Multi-purpose Community Facilities Floor Space: 0.3164 m² per additional person
The D2 Guidelines also provide a standard baseline provision for land to facilitate the provision of the abovementioned baseline facilities. This standard was in the order of: 1.5 m² per person.
Given the current land resources of Council, and potential capacity of existing sites, it is proposed that Council provide for future facilities under this plan on lands currently under Council control, or where other suitable arrangements may be available. This will also avoid Council committing to further land acquisitions in an increasingly competitive land market unless no other suitable option exists.
Where appropriate, Council would also be in a position to augment existing facilities to either provide additional community facility floorspace, or to increase the capacity of existing services and facilities.
As discussed previously Council has differentiated between high growth and low growth areas within the LGA.
Where the opportunity exists to augment existing open space facilities to meet increased demands in lower growth areas, Council will levy a contribution for the upgrade or augmentation of existing facilities only. This will apply within the lower growth areas such as the villages of Binalong, Bookham, Coolalie, Good Hope and Wee Jasper.
Within areas experiencing more significant growth Council is unable to simply augment facilities to meet the demands being generated by new development. In these cases Council will levy a contribution based on the cost of providing new facilities or significant upgrades to existing facilities to meet the demands of new growth.
Generally, no contribution towards land acquisition for community facilities has been identified under this plan. However, the supply of suitable land holdings will me monitored to ensure that Council can appropriately address the provision of facilities to meet the demands of new development.
Not withstanding, this plan will also require a contribution for land acquisition or land dedication to be made where suitable community land does not exist within reasonable proximity to the proposed development.
As a guide Council will require land dedication or contributions towards land acquisition (in addition to works contributions) for new residential subdivision on “Greenfield” sites or extensive “in-fill” or “brown-field” sites to accommodate facilities in accordance with the following:
Land for Community Facilities: 2.25m² per additional person
Community facilities are to be provided in accordance with needs identified through Council's social and strategic planning and through ongoing community consultation and needs analysis.
31 Yass Valley Council Section 94 Contributions 2004 Community facility floorspace will be utilised to provide either:
multi-purpose community centres incorporating such facilities as childcare, neighbourhood centres, youth centres, senior citizens facilities, cultural centres and the like; OR
wherever it may be feasible, existing facilities will be augmented or upgraded, where these works will serve to increase the capacity of the existing facility or service to cater for demand generated by new development.
The timing for the provision of expenditure will generally be driven by the rate of future development in the locality, and the demand generated by such. As such, ongoing monitoring and review of the plan will provide details on the works completed and those works that will be scheduled for completion as the plan progresses.
An indicative expenditure program is provided in Part D – Works and Cash Flow Schedule, attached to this plan.
The location of facilities will be determined to best meet the needs of the community having regard for the location of transport links and areas of new development. However, through the co-location of facilities and the location of facilities in developing communities or near transport, the needs of new residents across the LGA will be met more effectively.
An indicative cost for the provision of additional floorspace is provided in Part E – Cost Estimates.
CALCULATION OF CONTRIBUTION RATES
An additional 0.3164 m² of multi-purpose community floorspace is required per person in accordance with the standard adopted by Council.
CONTRIBUTION FOR COMMUNITY FACILITY FLOORSPACE
Villages of Binalong, Bowning, Coolalie, Good Hope and Wee Jasper
At an average estimated cost of $ 400 per m² the cost of upgrading community facilities per additional person is:
Contribution per person = 0.3164 m² per person x $ 400 cost per m² = $ 126 per person
Yass Town, Murrumbateman, Sutton, Gundaroo and other Greenfield Development Sites
At an average estimated cost of $ 1220 per m² the cost of providing additional community facilities per additional person is:
Contribution per person = 0.3164 m² per person x $ 1220 cost per m² = $ 386 per person
32 Yass Valley Council Section 94 Contributions 2004
CONTRIBUTION FOR COMMUNITY FACILITY LAND - GREENFIELD DEVELOPMENT ONLY
Contribution for land for community facilities is based on the cost of land per square metre in the locality at the rate of 2.5 sq m per person (based on occupancy rates), or land dedication at no cost to Council at the rate of 2.25 m² per person.
The value of land will be based on recent sales of comparable land in the locality. New Resident Kits
AREA OF APPLICATION & NEXUS
The contribution towards the provision of New Resident Kits will be levied on all new residential development across the LGA on the basis of one kit for each new residence.
The kit provides new residents with a guide to the various services and amenities within Yass Valley and is an invaluable source of information to enable them to settle into, and participate within the community.
The kit will be continuously updated to ensure its currency and relevance for the community and will include such information as:
Key Council & other service provider information, such as contact details; Map of Shire and Villages; Details on items of interest, activities and community events; and Details and flyers for sporting, cultural or other clubs.
The kits will be primarily circulated through real estate agencies and Council to ensure that new residents are provided with the information in a timely manner.
The cost recovered under this plan will only be for residents in new developments, with Council meeting the costs for information kits distributed to existing residents, tourists and the like.
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
Information kits will be circulated to new residents throughout the year.
Yearly expenditure from section 94 funds will generally be based on expenditure for new residents only.
The estimated cost of preparing the new resident kits is $ 5.00 (2003 estimate).
33 Yass Valley Council Section 94 Contributions 2004 CALCULATION OF CONTRIBUTION RATE
The contribution rate will be determined based on one kit per new dwelling, regardless of the number of bedrooms within or the type of dwelling. That is, single detached dwellings and multi-unit residential developments.
Contribution rate = $ 5 per new dwelling
Library Resources
AREA OF APPLICATION & NEXUS
The provision of library facilities in Yass Valley potentially serves all residents of the LGA.
Accordingly, any increase in the LGA’s population will lead to an increase in demand for library services. It is expected that the increase in demand will be proportional to the population increase. Council therefore seeks to levy new development to contribute to the augmentation of its existing libraries.
Council also seeks to levy for an increase in its stock of library books and other reference material in order to maintain the standard of provision for both existing and future residents.
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
Library Floorspace
Based on formulae published by the Library Council of NSW in People places; a guide for public library buildings in New South Wales (2000), the gross floor area target for Yass Shire Library network will be 0.038 m² per person (based on the NSW State Library standard of 38 m2 per 1000 persons).
The estimated cost of provision for construction of library floorspace is approximately $2270 per sq metre. ( based on cost for design and construction, fitout, sprinkler system, carparking and landscaping – sourced from Rawlinsons “Building Cost Guide for Commercial and Industrial Development”)
Library Materials
According to Australian Standards two to three items is the generally accepted per capita standard for library stock, but this may vary depending on population, usage rates and special needs.
It is generally accepted that it is necessary to have a higher per capita rate for libraries serving small populations to provide an adequate range of titles. The NSW average per capita bookstock (1999) was 2.5 items. Based on the characteristics of Yass Valley a per capita rate of 3 items is considered to be appropriate.
34 Yass Valley Council Section 94 Contributions 2004 The average cost per item for purchased materials for the Yass Valley library services in 2002/03 was $ 25
CALCULATION OF CONTRIBUTION RATES
Library Floorspace - Contribution Rate
Contribution = average cost floorspace per m² x m² per person = $ 2270 x 0.038 m² = $ 86 per person
Library Materials – Contribution Rate
Contribution = average cost of additional item x number of items per person = 3 x $ 25 = $ 75 per person
Urban Roads & Traffic Management – Yass Town, Bowning & Binalong Villages
AREA OF APPLICATION & NEXUS
Contributions for traffic management facilities within Yass Town, Bowning and Binalong Villages will be levied in accordance with this plan within the areas identified in the following maps.
Contributions towards roads in the areas previously under Yarrowlumla and Gunning Shires ( Wamboin/Gundaroo and Sutton), as shown in red and blue in Figure 1, will be levied in accordance with the respective contribution plans until such time as they are reviewed and consolidated in this plan. The plans are:
Yarrowlumla Shire Section 94 Contributions Plan No.2 - Roads Gunning Shire Contributions Plan -Roads
Rural roads contributions within the previous Yass Shire areas will continue to be calculated in accordance with Yass Shire Council Section 94 Contributions Plan 2000 until such time as it is amended.
As additional traffic will create increased demand across the respective road networks, contributions will be levied across the whole town or village on the basis of additional demand determined on the basis of estimated average vehicle trips generated by respective developments.
35 Yass Valley Council Section 94 Contributions 2004
36 Yass Valley Council Section 94 Contributions 2004
37 Yass Valley Council Section 94 Contributions 2004 38 Yass Valley Council Section 94 Contributions 2004
Development of “Greenfield” sites, or other significant residential or traffic generating developments in the vicinity of Yass Town may warrant additional works or contributions not included within this plan. In such cases Council may require works to be completed as a condition of development consent or alternatively an amendment to this plan may be undertaken to address these additional works.
The level of works required, and the apportionment of these costs has been based on the development of existing zoned land
Locality Potential Equivalent Estimated Cost Allotments Estimated for Upgrade (assuming zoned + Additional ADVT** and/or services available Construction etc)
Yass Town 2680 16080 $ 2,715,000
Binalong 380* 2280 $ 564,000 Bowning 180* 1080 $ 272,000
Note: * figures provided reflect both existing an potential development as works in this instance with address existing population demands and future demands. **Average Vehicle trips per day are based on Yass Vallet Council adopted standard of 6 trips per day for a standard allotment/dwelling.
The development identified within this plan will generate additional traffic, having an adverse effect on the safety, efficiency and pavement life of the road network throughout Yass Town and other villages.
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
The current capacity and standard of design & construction of the road network within Yass town and other villages is generally able to cater for demands generated by the current population, however additional demand will necessitate provision of additional works and upgrade of existing infrastructure including:
Improved line-marking; Higher design & construction standards; Increased safety provisions and signage; Upgrade of intersections and medians; Traffic calming works; and Improved street drainage.
An indicative roadworks expenditure program has been identified by Yass Valley Council to address the demands of future development within Yass Town and is shown in Part D – Work and Cash Flow Schedules.
39 Yass Valley Council Section 94 Contributions 2004 CALCULATION OF CONTRIBUTION RATE
The above works are to be funded fully by projected development within Yass Town, based on the expected increase in vehicle movements attributable to new development over the life of this plan.
Contributions will be determined based on per allotment or equivalent Ave daily vehicle trips generated by respective development.
Contribution Rate for Yass Town
Contribution Rate = Total Cost of Works/Additional Allotments = Contribution per allotment = $ 2,715,000 (2004 estimate) / 2680 lots = $ 1013 per lot or equivalent OR
Contribution Rate = Total Cost of Works/Additional Vehicle Trips in Period = Contribution per vehicle trip = $ 2,715,000 (2004 estimate) / 16080 additional ADVT = $ 169 per ADVT
Contribution Rate for Village of Binalong
Contribution Rate = Total Cost of Works/Additional Allotments = Contribution per allotment = $ 564,000 (2004 estimate) / 380 lots = $ 1484 per lot or equivalent OR
Contribution Rate = Total Cost of Works/Additional Vehicle Trips in Period = Contribution per vehicle trip = $ 564,000 (2004 estimate) / 2280 additional ADVT = $ 247 per ADVT
Contribution Rate for Village of Bowning
Contribution Rate = Total Cost of Works/Additional Allotments = Contribution per allotment = $ 272,000 (2004 estimate) / 180 lots = $ 1511 per lot or equivalent
OR Contribution Rate = Total Cost of Works/Additional Vehicle Trips in Period = Contribution per vehicle trip = $ 272,000 (2004 estimate) / 1080 additional ADVT = $ 252 per ADVT
Note: Development proposals will be levied on either a per lot or equivalent ADVT basis estimated by utilising Council adopted standards or RTA Guide to Traffic Generating Development or similar.
40 Yass Valley Council Section 94 Contributions 2004
Yass Town, Murrumbateman & Binalong Cycleway Networks
AREA OF APPLICATION & NEXUS
The additional population of Yass Town, Murrumbateman and Binalong resulting from new development will generate additional demand for cycle facilities. It will also benefit from the provision of a comprehensive cycle network. Consequently, Council will seek funding for its future expenditure on upgrading the network in these areas.
Within Yass Town, Council has already constructed a significant cycleway network to meet the demands of the current population, however the increased demands generated by new development areas requiring extension to the network, and through increased recreational usage by new residents.
The cycleways in Murrumbateman and Binalong will benefit both existing and new residents, and as a result costs have been apportioned over both existing and future development. Costs and constributions have also been adjusted to reflect grants for cycleways that will reduce the overall costs to the community.
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
An indicative program of works for the cycle networks, is provided in the works and expenditure schedule.
The relative priority and extent of the cycleway provision may change depending on the rate and location of new development, however the development of the network will generally be in accordance with the schedule.
A preliminary layout of the proposed networks are provided on the following maps.
41 Yass Valley Council Section 94 Contributions 2004 42 Yass Valley Council Section 94 Contributions 2004 43 Yass Valley Council Section 94 Contributions 2004 44 Yass Valley Council Section 94 Contributions 2004
CALCULATION OF CONTRIBUTION RATE
Contribution Rate – Yass Town
= $ Total cost of cycleway / allotments and equivalent dwelling units
= $ 886,230 / 2680 allotments or equivalent dwelling units
= $ 331 per allotment or equivalent dwelling units
Contribution Rate – Binalong
= $ Total cost of cycleway / allotments and equivalent dwelling units
= $ 82,500 / 380 allotments or equivalent dwelling units
= $ 217 per allotment or equivalent dwelling units
Contribution Rate – Murrumbateman
= $ Total cost of cycleway / allotments and equivalent dwelling units
= $ 450,000/730 allotments or equivalent dwelling units
= $ 616 per allotment or equivalent dwelling units
Carparking – Yass Town Centre
AREA OF APPLICATION & NEXUS
Contributions for carparking may be levied on development within the area shown on the following map.
Generally contributions for carparking will only be levied where a development creates demand for additional parking, over and above the current demand, and is unable to provide that parking within the development site.
45 Yass Valley Council Section 94 Contributions 2004 46 Yass Valley Council Section 94 Contributions 2004
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
The demand for parking will be assessed against the RTA Guidelines for Traffic Generating Developments or an assessment will be undertaken by Council to assess the likely demand generated.
The provision of carparking pursuant to this plan will be undertaken by:
Formalising existing “informal” parking areas to provide permanent sealed and marked parking; and Provision of new spaces.
Parking provided in accordance with this plan shall be sealed, marked and drained.
Preliminary investigation of potential sites is being undertaken, however priority for expenditure will be the formalisation of Council controlled area off Lead Street area and also areas of Crago and Comur Streets.
CONTRIBUTION FOR CAR PARKING
Cost per car space to be provided off-site = $ 9,500 per space*
(* includes cost of survey and design, sealing, marking, drainage and land acquisition for each space)
47 Yass Valley Council Section 94 Contributions 2004
Stormwater Quality Remediation
AREA OF APPLICATION & NEXUS
New development that intensifies the use of land (eg conversion from non-urban to urban use or the redevelopment of low density residential land) results in both short and long- term increases in stormwater flows and stormwater-borne sediments and nutrients. Such increases in turn affect water quality in major watercourses in the Shire.
Future development in the LGA will result in a greater need for nutrient and sediment control. Council may require developers / landowners engaging in subdivision of land for residential and rural residential use to install water quality improvement devices on-site, where appropriate.
Council requires the provision of on-site stormwater quality remediation devices, where it is considered that the impact on water quality will be unacceptable on environmental grounds.
Where on-site provision is either impossible or undesireable, Council has the discretion to accept a development contribution for such works on Council land, in lieu of on-site provision, where those works meet the demand generated by the subject development. The overall effect of these works will be to reduce the cumulative impact of new development on the water quality of receiving waters downstream.
This is in order to at least partially remediate the quality of stormwater run-off originating on-site. In some cases, the installation of such devices on-site is either impossible or undesirable to the developer and/or landowner. It is proposed that where it is acceptable to Council, such devices may be installed off-site, on community land and developers / landowners will make a contribution towards Council’s remediation program in lieu of on- site provision.
It should be noted that these on-site devices do not necessarily improve stormwater quality to levels equivalent to those prior to development. Nor do such devices necessarily remediate stormwater quality such that optimum water quality targets are met. Also, continuing redevelopment of existing urban land may adversely affect water quality. Given these factors, future development may continue to degrade water quality in the LGA’s major water bodies if appropriate management practices are not adopted.
Council may accept development contributions, in lieu of on-site provision of stormwater quality remediation devices, wholly at its discretion and only where:
development involves conversion of land from non-urban (agriculture, forestry, grazing, bushland, broadacre landholdings in general) to urban (residential, commercial, industrial and the like) use; such devices would ordinarily be required to be constructed as a condition of consent under Section 80 of the Environmental Planning & Assessment Act, 1979; water quality will not be compromised by off-site provision; it is physically possible to construct similar devices on Council land on the same watercourse or in the same general water catchment;
48 Yass Valley Council Section 94 Contributions 2004 a better planning solution is arrived at; and Council is not financially disadvantaged by the provision of such devices on land under its control, including by way of any costs related to the structural repair and maintenance of the devices (above any cost Council is ordinarily liable for).
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
Development contributions in lieu of on-site provision of stormwater quality remediation devices will be based upon the indicative costs of devices provided on land under Council control, as indicated below. It should be noted that these are only indicative costs and that actual costs will depend upon specific site conditions and detailed design estimates.
Device Cost/ Contribution Class 1 Wetland (approximately >100 hectare $300,000 catchment) Class 2 Wetland (approximately >50 hectare $200,000 catchment) Mini-wetland (approximately <50 hectare $120,000 catchment) Gross pollutant trap $70,000 Sediment Trap 1 (approximately <5 hectare $30,000 catchment) Sediment Trap 2 (approximately >5 hectare $150,000 catchment) Class 1 Stream Rejuvenation $120,000 (approximately 100 metre length) Class 2 Stream Rejuvenation $60,000 (approximately 50 metre length)
Indicative Costs of Provision of Stormwater Quality Remediation Devices
49 Yass Valley Council Section 94 Contributions 2004
Bushfire Protection
AREA OF APPLICATION & NEXUS
Yass Valley Council area has vast areas of rural lands and natural bushland that are subject to potential bushfire hazards. These areas are widely distributed throughout the LGA and adjoining the outer fringes of urban areas.
Whilst the fire services for Yass Town are under the auspices of NSW Fire Brigades, and receive funding on this basis, significant responsibility for the support and funding of local bushfire units and infrastructure rests with Yass Valley Council.
Council has an existing bushfire service comprising both full time staff and volunteers. The full time staff undertake, amongst other duties:
Bushfire fighting; Administration and communication in emergency situations; Maintenance of fire fighting infrastructure; Maintenance and upgrading of bushfire trails; and Advice on assessment of development applications.
Additionally, Council undertakes various works on an “as needs” basis to provide for the necessary fire protection associated with the development of areas within the shire. These works include:
Hazard and fuel reduction in risk areas; and Hazard mapping.
As bushfire services will benefit the entire LGA, contributions for works and acquisition of equipment and the like to cater for increased demands will be apportioned over all development within the LGA excluding development under the jurisdiction of the Yass Town Brigade. That is development within rural areas and villages.
The need to provide additional bushfire control facilities is directly related to the increase in population of an area and the need to provide for an expanded range and level of facilities to ensure adequate bushfire protection of such development. The current facilities are based on providing an acceptable level of service to existing residents.
The proposed additional facilities will enable the Yass Valley Bushfire Service to meet demands generated by additional population associated with future development, and accordingly Section 94 contributions will be levied to recover costs on a proportional basis for new development.
50 Yass Valley Council Section 94 Contributions 2004 STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
Proposed expenditure under this plan includes:
Upgrade to communication equipment; Upgrade fire trails; Additional pumps; Connection of electricity to new stations; Land acquisition or capitalised rental costs for new facilities; Upgrade of training facilities; Additional fire fighting units (vehicles and fitout); and Additional fire fighting equipment.
The estimated expenditure on the above items over a 5-year period is $ 220,000.
More detail on the expenditure is provided in Part D – Work & Cash Flow Schedules.
CALCULATION OF CONTRIBUTION RATES
The contribution rates may be calculated as follows.
Contribution = expenditure to increase level of service over 5 year period / estimated additional lots in rural areas or equivalent demand.
= $ 220,000 / (50 lots per annum x 5years) = $ 880 per lot
Yass Town Fire Services
AREA OF APPLICATION & NEXUS
Fire services for Yass Town are provided by the NSW Fire Brigades, however Yass Valley Council provides an annual funding allocation for the Yass Brigade
This funding contributes towards: Communication equipment; Fire fighting infrastructure; and Advice on assessment of development applications.
As these services will benefit all of Yass Town, the Council’s contributions for works and acquisition of equipment and the like to cater for increased demands will be apportioned over all development within Yass Town including existing development.
51 Yass Valley Council Section 94 Contributions 2004
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
Proposed expenditure under this plan includes:
Upgrade to communication equipment ($2000); and Additional fire fighting equipment and upgrade to infrastructure, including additional shed ($20000).
The estimated expenditure on the above items over a 5-year period is $ 22,000.
CALCULATION OF CONTRIBUTION RATES
The contribution rates may be calculated as follows.
Contribution = expenditure to increase level of service over 5 year period / estimated additional lots or equivalent demand.
= $ 22,000 / (100 ET per annum x 5years) = $ 44 per lot
Plan Administration
AREA OF APPLICATION & NEXUS
Given the significance of the income received under the developer contribution process, and the need to manage the process to provide the best possible outcomes for the community, Council and the Department of Infrastructure Planning and Natural Resources has recognised the need for Councils to appoint dedicated contribution management staff or allocate the time and skills of other staff and resources on a part-time basis to ensure that the process is managed appropriately.
The effective co-ordination and administration of this plan necessitates work being undertaken by the Council which is outside the work that it would normally program or which it has undertaken in the past.
STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
The extent of duties required to appropriately manage Council’s Section plan includes:
administering the contributions plan generally and ensure that the contributions are used to provide the public facilities for which they were intended;
52 Yass Valley Council Section 94 Contributions 2004 monitor the receipt and expenditure of cash contributions in respective accounts and the recoupment of costs already spent;
monitor the dedication and development of land contributions;
recommend to Council the appropriate management and expenditure of funds in accordance with the adopted works program;
recommend to Council the appropriate interim use and ultimate development of dedicated land, the acquisition of appropriate land for the identified public purpose or the re-use of existing Council property for an alternate public purpose under the terms of the contributions plan;
prioritise and program the works schedule;
regularly review the works schedule in accordance with levels of contributions received and expended and seek Council's adoption of these;
regularly review the rates for contribution in accordance with construction costs, levels of demand, population/workforce changes and the review procedures included in the plan, seek Council's adoption of these and amend the plan accordingly;
determine 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 and alternative funding sources;
monitor the implications arising from development including the demands created for additional facilities for which contributions are not currently sought, the needs of specific "one-off" developments, the costs of development and land acquisition, the extent and type of development and the effect of this on the works program;
advise Council of appropriate management, expenditure and policy implications regarding development contributions including those arising from legal decisions and State Government policy making;
determine the extent of recurrent costs and assess the implications to Council to provide these;
consider and assess the appropriateness of requests from applicants to defer payment of contributions or to settle the contributions by way of a material public benefit;
determine appropriate guarantees for deferred or periodic payments and ensure they are obtained;
assess whether a credit or re-assessment of the contribution may be appropriate and how that may be determined;
prepare and make available the necessary information required by the Regulations including the contributions register, input to the Council's annual report and the annual statement; and
53 Yass Valley Council Section 94 Contributions 2004
liase with Councillors and report on a quarterly basis to ensure that the Development Contributions Plan reflects ongoing changes in community expectations and to present financial reports on fund movements.
Due to the extent and nature of duties required, Council staff time will be divided between normal functions and administration and management of the Section 94 process.
The level of skill and qualifications required for the work have been determined to be equivalent to a senior level planner or a contract planner at a cost to Council of approximately $56 per hour (inclusive of on-costs and costs of management etc). It is assumed that 23 hours per week will be worked for 52 weeks per year.
As the administration of the plan is of benefit to the LGA, it is appropriate that the cost of the officer be levied over the whole LGA.
CALCULATION OF CONTRIBUTION RATES
Total Cost = hours per week (apportioned to s94 work) x cost per hour x weeks per year
= 23 hours x $56 x 52 = $ 66976 per annum
The average additional equivalent tenements per annum, over the next 10 years, is expected to be in the order of 150.
On this basis:
Contribution per ET = $ 66976 / 150 = $ 446 per ET
Associated Study Costs
AREA OF APPLICATION & NEXUS
A number of planning studies have been undertaken to determine the facilities and services that may be required to facilitate additional growth within Yass Valley in a sustainable manner.
The costs of these studies, or part of the cost of studies where they are also required for other purposes, will be recovered under this plan.
As the studies have been undertaken over the entire LGA it is proposed that the costs shall be apportioned over development throughout the LGA.
54 Yass Valley Council Section 94 Contributions 2004 STANDARDS FOR PROVISION & ASSESSMENT OF DEMAND
The studies that have been undertaken to facilitate the preparation of this plan include:
Community consultation and report on findings for future Section 94 planning ($20,000);and Vegetation, land use, fire hazard and other related mapping (Phase 1 - $ 34,000).
These studies have been required to ensure that the plan appropriately reflects the facilities and services required, and to ensure that these are provided in a manner that meets future demand patterns and community needs.
CALCULATION OF CONTRIBUTION RATES
Contribution rate for Studies
Contribution = Cost of Studies / Additional Lots/Dwellings over 5 year period = $ 54,0000 / 750 = $ 73 per allotment or dwelling unit
Developer Agreements and Yass Valley Council’s Community Enhancement Program
INTRODUCTION
Section 93 (clauses F through to L) of the Environmental Planning and Assessment Act 1979 provides a consent authority with the ability to enter into a planning agreement which can facilitate the payment of a monetary amount or other material public benefit (works-in- kind) to enable to provision, augmentation and/or extension of public services and or amenities.
This monetary payment or works-in-kind may be agreed by the consent authority and the developer, consistent with the requirements of the EP&A Act and Regulations, for facilities and service regardless of whether a nexus is created.
Within Yass Valley it is proposed that this option would be appropriate where:
• A type of development is proposed that may not be specifically addressed within the Yass Valley Section 94 Contributions Plan, and where a nexus between the development and increased demand for facilities or service may be demonstrated; or • Development is proposed where a demand for services or amenities will result that has not been considered as under an adopted Section 94 Plan; or
55 Yass Valley Council Section 94 Contributions 2004 • Development may have a negative impact on the community, or a development will benefit from the use of resources or position within a locality, and a developer may offer some form of “compensatory” payment to the community; or • Other circumstances as agreed between the consent authority and a developer.
Note: Whether a consent is issued by the Minister or Council, as the consent authority, monetary payment, or works-in-kind will be determined in consultation and agreement between the applicant and the Council.
As a guide Council would seek to expend any funds received, or negotiate works, to achieve the best possible community outcomes. As such, Council has, and will continue to engage the community to provide input into projects that will form the basis of a “Community Enhancement Program”. This program will then provide a transparent basis for the expenditure of funds or completion of projects that will provide an ongoing community benefit.
The contribution towards this program of works would be negotiated and funded through development outlined above, including more significant developments such as mining and energy generation (including wind-farms) or other major industrial developments. Whilst these may, in some cases, have the NSW Minister for Planning as the consent authority, Council will advocate on behalf of the community for any approvals to make an appropriate contribution towards the Community Enhancement Program.
COMMUNITY ENHANCEMENT PROGRAM
Following public input an indicative program of projects has been determined to form part of the Community Enhancement Program.
The program will be reviewed over time, and any cost estimates reviewed to provide for a better reflection of the full-cost of the projects identified.
The projects identified to form part of the Community Enhancement Program are as follows:
Amenity or Service Indicative Cost Estimate
Indoor pool and recreational facility $ 3.5 million Cultural Centre & Gallery $ 1.7 million Main Streets Enhancement Program including $ 1.5 million villages Youth Facilities $ 1.5 million Showgrounds Upgrade – “Farmers Market” $ 300,000 Local Hall Upgrades $ 100,000 per hall Walker Park Upgrade $ 500,000 Coronation Park Upgrade $ 300,000 O’Connor Park Upgrade $ 500,000 Victoria Park Upgrade $ 400,000 Environmental Improvements $ 500,000 (Environmental Management Action Plan) Community Annual Grants Program $ 75,000 per annum Chinaman’s Creek Rehabilitation & Enhancement $ 400,000
56 Yass Valley Council Section 94 Contributions 2004 Other projects will be added as further community consultation is completed.
57 Yass Valley Council Section 94 Contributions 2004
Section C - Contribution Policy & Definitions Estimated Costs
The following points should be noted in relation to the cost estimates contained within the Plan:
Unless stated otherwise cost details contained within this plan are based on (2003/04 year) estimates and will be adjusted periodically as detailed in section C.3.
Timing of Works
Council is not generally able to bankroll works required as a consequence of development proposed under this Plan and will only be able to provide works and services when sufficient funds have been provided by way of contributions.
Priority spending of contributions may however be directed to particular items identified in this Plan and will be considered in the formulation and review of works schedules.
The provision of any item will be dependent on the availability of funding and other relevant threshold criteria established for the particular item, and not necessarily any date identified within the plan. Any dates provided are indicative only with the timing of provision impacted upon by rates of development and the like.
Indexation WORKS CONTRIBUTIONS
All contributions rates towards works required under this plan are to be indexed on an annual basis, utilising the Consumer Price Index (CPI) for Sydney. The annual indexation will be undertaken on or about July 1 each year in accordance with the following formula.
Current Rate = Old Rate x [ Current CPI / Base CPI ] where: The Base CPI is the most recently published quarterly average for the quarter preceding the estimate of the "old" contribution rate (June Qtr).
The Current CPI is the most recently published quarterly average for the current period (June Qtr).
The CPI rate is published by Australian Bureau of Statistics as the "Consumer Price Index” (Catal. No. 6401.0).
58 Yass Valley Council Section 94 Contributions 2004
LAND CONTRIBUTIONS
Contributions for land acquisition and land values utilised under this plan will be revised either by Council undertaking a re-valuation on the specific land or through a re-valuation based on movements in value of like property in the locality.
Note: Where contributions have been levied under an existing consent but not yet paid, these contributions will continue to be indexed on an annual basis in accordance with the above until such time as they are paid.
Section 94 Contributions and the Goods and Services Tax
Pursuant to the Division 81 determination made under the Goods and Services Tax Act 1999 by the Federal Treasury, no Goods and Services Tax (GST) is applicable to the payment of contributions made under Section 94 of the Environmental Planning and Assessment Act 1979.
This exemption applies to both cash contributions or land or works in lieu of contributions in accordance with section 94 of the EP & A Act.
Method and Timing of Payments
Contributions are to be levied in accordance with this plan. The amount of such development contributions shall be calculated on the basis of the adopted rate, indexed to the time of payment.
Any consent issued requiring the application of this plan shall contain appropriate conditions stating the timing, form and amount of payment to be made.
TIMING OF PAYMENTS
The time of payment of contributions made in accordance with this plan is to be in accordance with the following:
development applications involving subdivision - prior to the release of the 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; 59 Yass Valley Council Section 94 Contributions 2004
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.
Note: Where any self-certification or the like is undertaken, pursuant to section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) the consent shall not operate unless and until the amount is paid to Council to comply with the requirements of Council’s Section 94 Contributions Plan.
LEVYING OF CONTRIBUTIONS ON SINGLE DWELLINGS
Generally Council will not levy contributions on single dwellings within urban areas where the dwelling is the only dwelling to be developed on an existing approved allotment.
In rural areas contributions will not be levied on single dwellings where the contributions have been levied on a previous subdivision creating the dwelling entitlement or where a subdivision under a previous planning instrument created the entitlement, however they may be levied where a dwelling is to be erected in other circumstances.
DEFERRED PAYMENTS
Deferred or periodic payments may only be permitted in:
circumstances where the applicant can demonstrate to the Council that the payment of contributions in accordance with Section C.5 (“Timing of Payments”) is unreasonable, and Council accepts deferred or periodic payment; or, circumstances 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 one development and Council and the developer have a legally binding agreement for the provision of the works or dedication; or, in other circumstances determined to be reasonable by Council.
All requests for deferred or periodic payment of contributions are required to be made in writing and may only be accepted (in writing) where:
there are valid reasons for the deferral or periodic payment (as outlined above); they will not adversely impact on the administration or operation of the plan; they will not jeopardise the timely provision of works or land identified within the plan; and, they will not adversely impact on the cash flows of the plan.
Should a deferred or periodic payment be accepted by Council, a suitable bank guarantee, to the value of the outstanding contributions is to be lodged.
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;
60 Yass Valley Council Section 94 Contributions 2004 the amount to be paid at each stage is to be calculated on a pro-rata basis in proportion to the overall development.
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 twelve (12) months interest; the Bank unconditionally pays the guarantied 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; 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;
METHOD OF PAYMENT
Developer contributions made in accordance with this plan will usually be in the form of monetary payments, however alternative "in kind" contributions may be accepted if they are deemed by Council to represent an "equivalent material public benefit (MPB)" . In the case of alternative payments being proffered, a developer is required to make prior written representations to Council at which time the proposal may be considered or negotiated.
Any offer for the provision of an MPB should be made in writing prior to the works commencing and where possible at the time the application is being assessed.
The request should clearly state:
what MPB or land dedication is proposed; the estimated value of the MPB or land dedication; the timing of provision of the MPB or land dedication; what cash contributions it is proposed to offset; and, if the work has not been identified under the plan, why it is of an equivalent benefit to the community compared to what has been identified under the plan.
An assessment of the proposed MPB is then to be undertaken by Council. This assessment will include such considerations as:
the impact the proposal will have on the levels of amenities and services for the community, compared to what has been identified under the existing plan; the impact on provision of other essential services and amenities; and the impact on work schedules and cash flows that will result.
61 Yass Valley Council Section 94 Contributions 2004 DEDICATION OF LAND
Subject to prior agreement of Council, land may be dedicated in lieu of making a contribution towards the acquisition of land.
In some circumstances, where the land dedicated exceeds the contribution due for the provision of this type of land, this excess value may (at the sole discretion of Council) be offset against other contributions in a similar manner to works-in-kind.
The value to be attributed to the land dedicated will be the estimated value shown within the plan for that particular parcel of land if relevant, or the Council agreed value of the land determined through the normal acquisition procedures.
Council will only accept land dedication where that land is of a suitable nature for the purpose for which it is being dedicated. All land to be transferred to Council is to be free of improvements, structures or other impediments which would restrict or hinder its future use or development for the purposes for which it is being acquired, unless otherwise agreed by in writing by Council. The land is also to be transferred in an appropriate state, free of any refuse, contamination or the like, unless otherwise agreed in writing by Council.
Policy on Discounting or Review of Contributions
Council may consider the discounting of contribution rates in circumstances where it is considered warranted, having regard to such issues as:
Downturn in local economy; Estimated higher or lower demand of an individual development when compared against plan assumptions; and Provision of an incentive to develop based on a greater community good/benefit.
When considering any discount of contribution rates Council should consider issues such as:
Current infrastructure will be overloaded and unable to efficiently or effectively deal with increased development; Development may have a negative impact on the servicing and amenity of the existing population, including potential environmental and economic impacts; Contributions as are currently being levied will not meet the costs of required augmentation or new facilities; Funds will need to be diverted from other sources to meet costs, thereby having a substantial impact on Council’s budget; and Council may not be in a position to approve new development if essential infrastructure to service these developments is not provided within a reasonable time.
62 Yass Valley Council Section 94 Contributions 2004 Monitoring and Review of the Plan
Council undertakes to review this contributions plan on at least an annual basis.
The review will generally address such matters as:
Changes in cost estimates and works schedules; Indexation of contributions rates; Monitoring of development and population statistics; and Other matters as warranted.
This section has been prepared to satisfy the statutory requirements as provided under clause 27(1)(f) of the Environmental Planning and Assessment Regulation 2000.
Definitions under this Plan
"Applicant" means the person, company or organisation submitting a development application.
“Bankroll ” means circumstances where a work is funded by a developer or Council so it may be constructed prior to it being programmed or section 94 income/funds being available to construct it.
"Community facility" means a building or place owned or controlled by the Council or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere defined in this section.
"Contribution" means the dedication of land, the making of a monetary contribution or the provision of a material public benefit, as referred to in Section 94 of the EP & A Act.
"Contributions Plan" means a contributions plan referred to in Section 94AB of the EP & A Act.
"Council" means the Yass Valley Council.
"DUAP" means the NSW Department of Urban Affairs and Planning (or its predecessor bodies).
"EP & A Act" means the Environmental Planning & Assessment Act, 1979, as amended.
"EP & A Regulations" means the Environmental Planning & Assessment Regulation, 1980, as amended.
“Equivalent Tenement” (ET) means a single allotment or equivalent demand such as a 3 bedroom dwelling.
63 Yass Valley Council Section 94 Contributions 2004 “Greenfield Site” means a development site that has not previously been developed for urban residential or industrial use (it may however be zoned for the use).
"LEP" means a local environmental plan made by the Minister under Section 70 of the EP & A Act.
"LGA" means the local government area.
"Public facilities" means any public amenity or public service, as referred to in Section 94 of the EP & A Act, including a "community facility" and a "recreation facility", the need for which has increased or been created by development.
"Recoupment" means the payment of a monetary contribution to the Council to offset the cost (plus any interest) which the Council has already incurred in providing public facilities in anticipation of development.
"Settlement" means the payment of a monetary contribution, the undertaking of a work in kind or the exchange of documents for the dedication of land required as a result of new development.
"Works in kind" has the same meaning as a "material public benefit" as referred to in Section 94(2C) of the EP & A Act and means the undertaking of any work associated with the provision of a public facility.
"Works program" means the schedule of the specific public facilities for which contributions may be required, and the likely timing of provision of those public facilities based on projected rates of development, the collection of development contributions and the availability of funds from supplementary sources.
Works Schedules Content
The following works schedules are indicative only and provide an estimate of the amount and timing of expenditure in accordance with this contributions plan.
The timing of expenditure may be affected by numerous factors such as:
rates of development and income receipts; offers of alternative material public benefits (e.g. works-in-kind and land dedication) in lieu of cash contributions; changes in priorities for provision of amenities and services; unanticipated development; changes to expected development patterns; and variations in expected costs.
As such the ongoing review and monitoring of the plan will take any variations into account and amend the work schedules to best reflect current development and expenditure priority scenarios.
This section has been prepared to satisfy the statutory requirements as provided under Clause 27(1)(g) of the Environmental Planning and Assessment Regulations 2000.
64 Yass Valley Council Section 94 Contributions 2004
Part D - Work & Cash Flow Schedules
65 Yass Valley Council Section 94 Contributions 2004