Section 94 and 94A development contributions

Section 94 and 94A contributions are a payment made by developers to enable Council to construct or provide the public infrastructure, amenities and services required for new residents and businesses. Section 94 and 94A are part of the Environmental Planning and Assessment Act and is the principal legislation which enables Councils to levy contributions.
 
Section 94 and 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.
 
A Section 94 Plan applies to Horsley.

A section 94A Plan applies to the rest of the City.  A section 94A plan allows a levy to be paid based on the value of the development.  Section 94A was introduced into Parliament on 8 December 2004 and proclaimed to commence on 8 July 2005. Wollongong City Council adopted the Section 94A Plan on 5 June 2006 and it came into effect subject to a public notice on 14 June 2006. Subsequent amendments were made on 1 December 2006 to comply with a Ministerial Directive. Council adopted further amendments to the Section 94A Plan in 2007 and 2008, the current version came into effect on 24 July 2008. Subsequent amendments were made on 1 December 2006, in 2007, 2008 and 2009.  The current version came into effect on 4 November 2009. A copy of the plan can be viewed or downloaded from the planning policies webpage.

To what development does the levy apply?
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 greater than $200,000 a 1% levy applies.

Within the Wollongong City Centre a 2% levy applies to certain developments within the B3 Commerical Core zone.  Developments in this area may also be subject to a 1% contribution to the NSW Government.

Are there any exemptions to the levy?
A Section 94A levy does not apply to development with a value of less than $100 000.  There are other developments which may be considered for full or partial exemptions from the levy and these are detailed within the Contributions Plan.

When is the levy paid?
The levy is required to be paid to Council at the time specified in the condition of consent. This is normally before the construction certificate or complying development is released. In