Development Contribution Plans
Development Contribution Plans apply levies to development to fund community infrastructure, such as roads, libraries and sports fields. This way the burden of the cost for new infrastructure to support future growth is placed upon an incoming population, not existing ratepayers.
When development occurs, future residents require infrastructure such as roads, footpaths, parks and community services. These costs alone can’t be met by Council and the developer will be required to contribute to the cost of providing this infrastructure. These costs are known as developer contributions or Section 7.11 and 7.12 contributions (which is the section of the Environmental Planning and Assessment Act 1979 that applies - formerly s94 and s94A). Contributions are imposed as conditions of development consent, and the contribution may be:
- the payment of monetary contributions
- dedication of an appropriate parcel of land (such as land for a new park)
- improvements (such as playground equipment).
Contribution plans provide the basis for what infrastructure is needed and how the costs are apportioned over an area. The plans that apply across the MidCoast Council area are shown below:
Great Lakes Region
- Great Lakes Wide(PDF, 445KB)
- Forster District(PDF, 2MB)
- Tea Gardens District(PDF, 1MB)
- Rural Roads (Bulahdelah and Stroud)(PDF, 1MB)
- Coomba Road/Shallow Bay Road(PDF, 748KB)
- Open Space - Rural Districts(PDF, 610KB)
- The Branch Lane(PDF, 734KB)
- Karuah Cross-Boundary Plan (to view this document, refer to Port Stephens Council website - www.portstephens.nsw.gov.au)
- Developers' Guide to Section 7.11 Plans(PDF, 2MB)
- Policy for Section 94 Development Contributions Assessment - Great Lakes(PDF, 396KB)
Council development charges deferral scheme
We have introduced a development charges deferral scheme as a measure to help stimulate the local economy in response to COVID-19.
The scheme provides a 12-month deferral of:
- development contributions (s7.11 of the NSW Environmental Planning and Assessment Act 1979); and/or
- water and sewer developer charges (section 64 of the NSW Local Government Act 1993 and sections 305, 306 and 307 of the NSW Water Management Act 2000)
for subdivision and developments involving more than one dwelling.
The scheme is only applicable to development consents issued by Council.
The 12-month deferral commences from:
- for development contributions:
- the date of issue of a Subdivision Certificate from Council for subdivision development; or
- the date of issue of a Construction Certificate for development involving more than one dwelling
- for water and sewer development charges:
- the date of issue of a Certificate of Compliance
The deferral scheme involves the applicant entering into a Deed with Council agreeing to pay these charges within the 12-month deferral period offered by Council. Surety (security) is via a bank guarantee or insurance bond for the amount of charges requested to be deferred.
If you wish to participate in the development charges deferral scheme please complete the application form below.
Click here to view form.
State development charges deferral scheme
The NSW Government has issued a Ministerial Direction regarding the timing of payment of Infrastructure contributions. The following details how this impacts upon development contributions collected by Council under s7.11 and 7.12 of the Environmental Planning and Assessment Act 1979.
This only applies to development with an estimated construction of $10M or more (as indicated on the development application). It does not affect subdivision (whether or not it also involves construction) or complying development. The following applies:
- For development consents issued between 8 July and 25 September 2020, consent conditions regarding development contributions will specify that payment is required prior to the issuing of an Occupation Certificate, instead of a Construction Certificate as occurs now (this will revert back to prior to issuing of a Construction Certificate after 25 September 2020).
- The payment of development contributions required under a development consent condition for consents specifying ‘prior to the issuing of a Construction Certificate’ do NOT need to pay until prior to issuing of the first Occupation Certificate of the development, so long as the Construction Certificate is issued by 25 September 2022.
Another change is that Private Certifiers (for development of $10M or more) MUST provide a written request to Council (email or letter) to confirm whether:
- A development contribution is NOT required to be paid prior to issuing an Occupation Certificate; or
- A development contribution IS required prior to issuing an Occupation Certificate and whether this has been paid.
Council will respond to this request by email or letter.
Note: the above advice is an interpretation of State Government changes and you are encouraged to view the relevant State Government website for further information https://www.planning.nsw.gov.au/local-infrastructure-contributions-policy.