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Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015

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Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 Effective from 11 February 2016 Bellingen Shire Council Administration Centre Hyde Street Bellingen NSW 2454 Certification This document titled Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 is authorised under Section 94 of the Environmental Planning and Assessment Act (1979) and was adopted by Bellingen Shire Council on 27 January 2016, and commenced on the 11 February 2016 General Manager Bellingen Shire Council Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 Contents Notes and Corrections to this Issue 4 Abbreviations 5 References 6 Part A: Introduction, Operation and Administration of the Contribution Plan 1. Introduction 8 2. Administration and Operation of the Plan 11 Part B: Community Profile and Population Estimates 3. Community Profile 18 4. Population Projections 21 Part C: Principles of the Plan 5. Principles of Reasonableness and Apportionment 24 Part D: Works Schedule and Cost Apportionment 6. Works Schedule 28 7. Allocation of Existing Contributions 30 8. Determination Contribution Rates 31 Part E Contribution details for each Contribution Catchment 9. Contribution Catchment Maps,Works Schedules and Catchment Contribution Rates 35 Bellingen Shire Council Page 4 of 69 Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 Notes and Corrections to this Issue The following corrections have been made to this document: Nil to date Bellingen Shire Council Page 5 of 69 Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 Abbreviations Council Bellingen Shire Council The Plan The Local Roads and Traffic Infrastructure Developer Contribution Plan 2015 LGA Local Government Area EP&A Act NSW Environmental Planning and Assessment Act, 1979 EP&A Regulation NSW Environmental Planning and Assessment Regulation 2000 CPI Consumer Price Index (All Groups – Sydney) TPC Total Project Cost Bellingen Shire Council Page 6 of 69 Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 References New South Wales State and Local Government Area Population, Housing and Dwelling Projections: 2014 Final - New South Wales Planning & Environment National Census of Population and Housing - Australian Bureau of Statistics, Canberra (2006 & 2011) Bellingen Shire Growth Management Strategy - GHD Pty Ltd, Coffs Harbour (August 2007) Bellingen Shire Economic Profile 2014 - Lawrence Consulting Bellingen Shire Council Page 7 of 69 Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 Part A Introduction, Operation and Administration of the Contribution Plan Bellingen Shire Council Page 8 of 69 Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 1 Introduction 1.1 Name of Plan This Section 94 Developer Contribution Plan has been prepared by Bellingen Shire Council (Council) in accordance with the provisions of Section 94 of the New South Wales Environmental Planning and Assessment Act 1979 (EP&A Act) and Part 4 of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation). The Plan is named the “Local Roads and Traffic Infrastructure Developer Contribution Plan 2015”. 1.2 Commencement of Contribution Plan This contribution plan is prepared pursuant to the provisions of Section 94 of the EP&A Act and Part 4 of the EP&A Regulation and is effective from 1 February 2015 1.3 Area the Plan Applies This development contribution plan applies to all land within the area of the Bellingen Shire Local Government Area (LGA) as described in Part E. The Plan applies to applications for development consent and applications for complying development certificates under Part 4 of the Act. 1.4 Background to Section 94 Contribution Plans Section 94 of the Act authorises Council to levy contributions from developers as a condition of consent for the provision of public infrastructure, facilities and services that are required as a result of increased development. The Section 94 Plan is a public document and describes Council’s policy on developer contributions. A Section 94 contribution plan details the expected increase in demand as a result of new development and links this to an increased demand for local public services, facilities and infrastructure to be provided through developer contributions. This ‘nexus’ is one of the underlying core principles of Section 94 and is the key factor in deciding if a contribution can be sought. A contribution plan must contain a description of how the contribution rate has been determined, including the formulae for determining the rate, the contribution rates, the works schedule, and the timeframe for expenditure and project delivery. The Plan needs to be flexible so it is able to respond to the changing needs of an area and it should allow for the planned and efficient provision of facilities and infrastructure expected to be required as a result of, or to assist, new development. A Plan needs to operate over a specific period of time, which in this case is 10 years, to enable a determination to be made on the infrastructure, facilities and services to be provided for the predicted rate of development during that period. The Plan should be reviewed and amended, if necessary, at the programs mid point (5 years), however the Plan may be reviewed at any time during the period of operation. Council can only levy a contribution if it is satisfied that a development, which is the subject of a development application, will or is likely to require the provision of, or increase in the demand for, public facilities within the area. Contributions may be in the form of monetary payments, dedication of land at no cost to council, the provision of a material public benefit, or a combination of these. Bellingen Shire Council Page 9 of 69 Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 The ability to fund new works facilities and the upgrading of existing infrastructure in the community through the use of Section 94 contributions is important for Council. Through the use of developer contributions Council can reduce the cost and impact to existing residents in the Local Government Area for the provision of additional services and infrastructure generated by new development. The utilisation of Section 94 contributions helps to maintain the existing level of service for the community while ensuring an equivalent level can be provided for the incoming population. 1.5 Purpose of the Contribution Plan This Plan satisfies the requirements of the EP&A Act and EP&A Regulation. The Plan authorises Council: to require the payment of a monetary contribution, or to require the dedication of land in lieu of paying the monetary contribution, or to accept the provision of a material public benefit including the dedication of land, or to accept the carrying out of work under an in kind agreement, towards the provision, extension or augmentation of public road infrastructure that is likely to be required as a consequence of the potential increased demand due to development in the Bellingen LGA. The purpose of this Plan is to: provide the framework for the efficient and equitable determination, collection and management of development contributions towards the provision of public amenities and services, ensure that all new development that is likely to benefit from the provision of public facilities and services contributes towards their provision, determine the likely development patterns and needs of the population which will result from that development, ensure that the existing Bellingen Shire community is not unreasonably burdened by the provision of public facilities and infrastructure required as a result of the ongoing development and redevelopment undertaken within the Bellingen LGA, provide an overall strategy for the coordinated delivery of public facilities and infrastructure consistent with Councils strategic plan and management plan, provide a comprehensive and transparent strategy for the assessment, accounting and review of development contributions made under Section 94 of the Act and EP&A Regulation for the Bellingen LGA, and indicate a program of works and capital expenditure for the provision of public works required as a result of development within the Bellingen LGA. 1.6 Relationship to Other Plans From the commencement date of this Plan the following plan is repealed: Bellingen Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2009 Contributions raised and paid under the authority of this superseded plan will be directed towards the respective facilities and infrastructure described in the Work Schedule of this Plan. This Plan incorporates the outstanding fund balances of the superseded plan current at the time of this Plan’s introduction. Contributions levied under the previous plan may be adjusted according to movements in the Consumer Price Index (CPI). This would arise where the timing of the payment of the contribution is at Bellingen Shire Council Page 10 of 69 Local Roads and Traffic Infrastructure Section 94 Developer Contribution Plan 2015 least one (1) year from the date of development consent, which contains the conditions imposing the Section 94 contribution. 1.7 Amenities, Facilities and Infrastructure for Levied Contributions This contribution plan establishes strategies that allow section 94 contributions to be levied towards the provision
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