Section 94A contributions are a payment made by persons undertaking development to enable Council to construct or provide the public infrastructure, amenities and services required for new residents and businesses. Section 94A is part of the Environmental Planning and Assessment Act and is the principal legislation which enables Councils to levy contributions.
Section 94A contributions are imposed by a condition on development consent or complying development and can be satisfied by dedication of land, a monetary contribution, a material public benefit or a combination of some or all of the above.
The levy applies to all residential, commercial, retail and industrial development applications and complying development certificates. For development with a value of between $100,000 and $200,000 a levy of 0.5% applies. To development with a value grater than $200,000 a 1% levy applies.
Each year Council revises the Section 94A plan to reflect the works program in the Council Management Plan. The Management Plan 2010-2013 was adopted on 23 June 2010. The draft Section 94A plan has been updated to reflect the Management Plan and was endorsed for exhibition on 27 July 2010.
The following changes have been made
a. Update the works schedule and maps to reflect Council’s Management Plan 2010-2013 and increase project level detail;
b. Amend structure and clauses including insertion of additional clauses as outlined in table below;
c. Remove requirement for prescriptive format of cost summary report for development less than $10,000,000 and remove associated Schedule 1; and
d. Remove the requirement for Special Contributions Levy on Developments in the City Centre and insert a notation on the background to the removal.
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Amendment |
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1 Rename Part A as Part C – Administration and Operation of the Plan. |
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2 Insert new Part A – Summary Schedules:
2.1.1. Insert Schedule 1 – Summary of Levy, relocate table from 2009 clause 7 and relocate table of special City Projects from 2009 Schedule 3;
2.1.2. Insert Schedule 2 – Works Schedule Summary, this provides a high level view of the Detailed Works Schedule. |
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3 Amend Part B to reflect notification of Wollongong Local Environmental Plan 2009 and Wollongong Development Control Plan 2009 incorporating the City Centre Area previously covered by Wollongong City Centre Local Environmental Plan 2007. |
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4 Amend 2009 Clause 2 to exclude Stages 1 and 2 of West Dapto Release Area. A separate West Dapto Release Area Section 94 Contributions Plan will apply to this land once adopted by Council, until this occurs Clause 7.10 of Wollongong Local Environment Plan (West Dapto) 2010 will provide for sufficient infrastructure arrangements on individual Developments via consent conditions and Voluntary Planning Agreement process. |
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5 Update Contribution Area map to reflect removal of Special City Centre levy and exclusion of Stages 1 and 2 of West Dapto Urban Release Area. |
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6 Update Works Schedule – maps 1 to 5 and insert maps 6 to 14 to reflect increased detail of Works Schedule. |
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7 Insert Clause “How will the levy be calculated” to clarify the application of different levy rates. |
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8 Update 2009 Clause 9 regarding exemptions:
8.1.1. Remove item h referring to dual occupancy less than 55m2 and superseded Development Control Plan 99/1. Add notation to item b clarifying that such dwellings are covered under Affordable Rental Housing SEPP.
8.1.2. Rewrite section relating to Submission Requirements for an Exemption to be considered to better clarify what is required from applicants and add a note advising that for exemption options where a comprehensive submission is not required applicants are still required to request such exemption. |
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9 Update 2009 Clause 12 to reflect current version of EP&A Clause 25J (2). |
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10 Insert Clause “The Goods and Services Tax (GST). |
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11 Amend 2009 Clause 14 to accommodate removal of Prescriptive Form of cost summary report for development less than $10,000,000. |
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12 Insert Part D – References, relocate 2009 schedules 2,4 and 5 to within this part along with 2009 Clause 22 “What definitions apply?” |
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13 Amend 2009 Clause 5 to include repealing of 2009 version if proposed draft 2010 version is adopted. |
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14 Amend Table of Contents, Clause numbering and references throughout document as required to accommodate other amendments. |
Copies of the Plan can be downloaded by the attached document below or viewed at:
- Council libraries during library hours;
- Council’s Administration Building, 41 Burelli Street Wollongong on weekdays between 9am and 5pm;
Prior to Council determining whether to adopt a contributions plan, Council is seeking community comment. If you have any comments it would be appreciated if they could be forwarded to Council by the 6 September 2010.
Submissions should be addressed to:
The General Manager
Wollongong City Council
Locked Bag 8821
WOLLONGONG NSW 2500
or emailed to records@wollongong.nsw.gov.au.
Enquiries can be directed to the Land Use Planning team on 4227-7631. Please note that submissions become public documents and may be viewed by other persons on request.