NAMBUCCA SHIRE COUNCIL

 

 

Special Meeting of General Purpose Committee - 31 October 2008

 

AGENDA                                                                                                   Page

 

APOLOGIES

DISCLOSURE OF INTEREST

8        General Manager Report

8.1     Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008    

 



Special Meeting of General Purpose Committee

31 October 2008

General Manager's Report

ITEM 8.1      SF544              311008         Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

 

AUTHOR/ENQUIRIES:     Bruce Potts, Section 94 Co-ordinator; Michael Coulter, General Manager         

 

Summary:

 

At Councils Ordinary Meeting of 3 July 2008 it was resolved to endorse the Draft Community Facilities and Open Space Developer Contribution Plan 2008 and place it on public exhibition in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.

 

The public exhibition of the draft plan is now finished and the outcome was reported to the General Purpose Committee on 15 October 2008.  That meeting and the subsequent Council meeting on 16 October resolved that the matter be deferred to this special meeting of the General Purpose Committee.

 

This report presents the information provided to the meeting on 15 October and also comments on matters raised at the meeting and in a subsequent submission from Cr Moran.

 

The proposed Contribution Plan will enable Council to more readily spend its collected contribution funds and will reduce administration costs.

 

 

Recommendation:

 

1        That Council adopt the Draft Nambucca Shire Community Facilities and Open Space Contribution Plan 2008 with the addition of maps showing the specific public amenities and services within the plan.

 

2        That Council’s decision be publicly notified in the Nambucca Guardian at the earliest opportunity.

 

3        That the Contribution Plan commence from the date Council’s decision is publicly notified in the Guardian.

 

 

 

OPTIONS:

 

Council may decide not to adopt the Contribution Plan or to amend it in any way provided it meets the legal requirements of reasonableness.  Consideration needs to be given to the capacity of the General Fund to contribute to particular projects in the Works Schedule and also to the staffing costs of administering the plan.

 

 

DISCUSSION:

 

At Councils Ordinary Meeting of 3 July 2008 it was resolved to endorse the Draft Community Facilities and Open Space Developer Contribution Plan 2008 and place it on public exhibition in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. The public exhibition of the draft plan is now finished and the outcome was reported to the General Purpose Committee on 15 October 2008.  That meeting and the subsequent Council meeting on 16 October resolved that the matter be deferred to this special meeting of the General Purpose Committee.

 

This report responds to a number of issues raised at the meeting on 15 October as well as representing the previous information.  In addition a further submission has been received from Cr Moran which is attached.  The matters raised in the submission are firstly the use of catchments; queries concerning the works proposed to be funded with alternative works suggested; a query concerning the advertising process and finally the suggestion of differential contributions by catchment based on different average land values.  Taking into account the matters discussed on 15 October and the issues raised in Cr Moran’s correspondence, this report comments on the following matters:

 

I. The use of catchments instead of a valley wide contribution plan

II. The total quantum of contributions and their reasonableness

III.          The use of differential contributions according to catchments

IV.         How the works program was derived and alternative projects

V.          The public notification requirements for the adoption of a contribution plan and what changes to the contribution plan would require it to be readvertised

 

1        The Use of Catchments Instead of a Valley Wide Contribution Plan

 

Firstly, detailed guidelines as to the application of Section 94 can be found on the Department of Planning’s website and in particular the practice notes for Section 94 which are at www.planning.nsw.gov.au/planning_reforms/developmentcontributions.asp.

 

Section 94 contributions are based on two key concepts being:

 

·      Reasonableness in terms of nexus (the connection between development and demand created) and apportionment (the share borne by future development) and

·      Accountability both public and financial.

 

Reasonableness comprises concepts of fairness, equity, sound judgement and moderation.  The two key principles underlying reasonableness are nexus and apportionment.

 

There is no requirement in the Act or in the Practice Notes for the collection and expenditure of funds based on catchments.  The Environmental Planning and Assessment Regulations require that a development contributions plan contain a map showing the specific public amenities and services within the plan, supported by a works schedule that contains an estimate of their cost and staging.  A map or maps will need to be added to the Contribution Plan in accordance with the Regulations.

 

The link between the proposed development and the increased demand for public facilities has often been referred to in terms of causal nexus, spatial nexus and temporal nexus.  However these concepts are often blurred with other principles underlying Section 94 eg accountability.  Further, they often do not relate to a particular facility that is subject of a contribution.

 

For example, a sporting facility often provides for all residents in the local government area, and not every future resident is going to live close to it.  The practice notes make it plain that there is no need to consider a “spatial” element in this sense as it will generally be accessible to all (existing and future) residents and its spatial relationship to future residents is not an issue.

 

Similarly, by simply having catchments does not necessarily mean the nexus is improved.  For example, if a catchment includes Macksville, Bowraville and Scotts Head, the Council would still need to ensure that on the grounds of reasonableness and accountability that most of the expenditure occurred in the centre which had the highest growth, presumably Macksville, or alternatively the expenditure related to a valley wide facility which would be used by the whole community.

 

The designation of income and expenditure to particular catchments will also restrict the ability of Council to fund major valley wide facilities.  This was an issue with the previous plan with many smaller jobs being listed across each catchment.

 

The use of a number of local catchments will also greatly increase the complexity of the plan which is one reason why Council had problems managing the previous plan.  The available staff to manage the implementation of the Section 94 plan is limited mainly to Council’s Accountant with assistance from the shared Section 94 planner.  Council’s Accountant has a host of other statutory reporting and financial planning obligations not limited to the budget; quarterly reviews and annual statements.

 

In general terms, as a Contributions Plan becomes more complex there will be a greater commitment of staffing resources required to maintain it.  A more complex plan will also rely on an increased number of assumptions making it more difficult to understand and possibly easier to challenge.

 

Whilst it is recommended that the “KISS” principle prevail with no catchments, it is open to Council to require the Contributions Plan to have catchments.  If this were the case the draft Contributions Plan would need to be rewritten and readvertised as it would be a significant change.

 

2        The Total Quantum of Contributions and their Reasonableness

 

Council should be aware that the actual contribution for Community Facilities and Open Space under the proposed Contribution Plan will be $1,724.45 per additional lot and is less than the current contribution requirements which are:

 

Bowraville Catchment                 $1,897 per additional lot

Macksville/Scotts Head              $2,052 per additional lot

Nambucca Heads/Valla              $1,888 per additional lot

Average                                    $1,946 per additional lot.

 

The Section 94 Planner has collected comparative data from other Mid North Coast Councils over the past 12 months which will provide Council with an indication of reasonableness in terms of the proposed contributions.

 

Council

Section 94 Contributions – Estimated Median Contribution Per Additional Residential (not Rural) Lot

Port Stephens

$10,479

Port Macquarie – Hastings

$16,785

Coffs Harbour

$18,000

South West Rocks

$10,346

Bellingen

$7,000

Nambucca

$2,877 (comprised of $1,946 for community facilities and open space; $93 for surf life saving; an average of $675.50 for urban roads and $162.84 for plan preparation)

 

Note - some of the Councils listed above have significantly higher contribution rates for new growth areas than the figures listed eg, Port Macquarie-Hastings and Coffs Harbour.

Note - does not include water and sewerage contributions

Note - Council does have a roads contribution for Highland Park of $3,248 per lot and for other urban areas has no requirement for a roads contribution.  The South Macksville growth area attracts a road contribution of between $504 and $847 per additional lot, the average of which has been used for comparison.  For rural subdivision Council has a rural roads contribution of $4,649 per lot but the figures provided are comparing like (residential) subdivision.

 

3        The Use of Differential Contributions According to Catchments

 

This has been suggested in the attachment.  In major metropolitan and regional centres, contribution plans are often based on a defined release area which can be equivalent in size to a new town.  A component of the works schedule is the value of the land required to provide parks and community facilities in that release area.  In those circumstances valuations are prepared for the required land (with the cost of buildings and improvements being added) and a contribution rate is fixed which is specific to that release area.  This process demonstrates the contributions reasonableness in terms of nexus and apportionment.

 

The variation in contributions between catchments is therefore mainly a function of different levels of infrastructure which has to be provided and secondly the different land values in the catchments where land has to be acquired.  That is they are derived because of differences in cost structures and having nothing to do with capacity to pay.

 

Whilst it is agreed that there are significant differences in land value between lots with an ocean view and those which may be 15 minutes drive of the coast, it is not the case that such differences will affect the works schedule.  Indeed under the existing plan, the differences in contribution rates between the 3 catchments only amount to a maximum of $155 per additional lot and for this Council’s staff have to account for 3 separate catchments instead of one.

 

4        How the works program was derived and alternative projects

 

The review of the Community Facilities and Open Space Contribution Plan was first reported to the Works Inspection meeting of Council on 17 October 2007.  That report considered the performance of the existing plan in:

·      Delivering the desired outcomes of facility provision

·      The expenditure of s94 contributions on facility provision

·      Means by which the overall  efficiency of the contribution plan could be improved

·      And progressing the development program of a new s94 contribution plan

 

In summary of the projects listed in the contribution plan work schedule, the review established:

 

·      42 projects had been completed

·      20 projects were incomplete

·      28 projects had not commenced

·      3 projects were no longer required

 

In response to this report Council resolved to refund a s94 liability of $136,776; consider the completion of projects described in attachment 1; endorse the program for preparing a new plan; incorporate any new plan into Councils forward financial plan; as well as seeking a further report on undertaking works from the existing work schedule.

 

A particular matter of concern was that on the basis of the figures in the Contribution Plan, Council’s liability from General Fund stood at $1,285,533 (in 1999 dollars) compared to contributions collected under the Section 94 plan of $903,691 (in 1999 dollars).

 

So as at 30 June 2007 the s94 account balance stood at $1,185,047 but the expenditure of this was limited by Council’s ability to make the necessary general fund contribution.

 

Another concern was the continued collection of s94 contributions for projects which had been completed, and where total costs have been retrieved, and where the works schedule is not amended may lead to problems with the test of reasonableness.

 

A spreadsheet listing the status of the existing works schedule is a circularised document.

 

5        Public Notification Requirements for the Adoption of a Contribution Plan and what Changes to the Contribution Plan would Require Readvertising

 

The contribution plan has been placed on public exhibition in accordance with the requirements of the Act.  The Practice Notes issued by the Department of Planning provide that where there are likely to be significant changes to the quantum of contributions or the manner in which they are set in the draft plan, Council should consider the need for exhibition of these amendments.

 

The attached submission proposes that Council invite all sporting bodies to a meeting as a means of determining need and allocating s94 funding.  Depending upon the attendance at a meeting or meetings this may provide one indication of need.  Council would likely be presented with a range of projects, but without much of the information required to determine the test of reasonableness (nexus and apportionment). For example, how will Council compare a request for funding for a covered area for the Pony Club for horse cutting to a request from the Soccer Club for funding to acquire their fields at Macksville from the RTA.

 

The draft contributions plan makes provision for $30,000 for an open space and community facilities study which is 100% funded from Section 94.  This study should include a number of meetings with sporting bodies as well as an assessment of the adequacy of existing facilities; the likely requirements for future growth; as well as information to determine the test of reasonableness.  Importantly Council will need to know the contribution requirements from General Fund as projects should not be included if there is little likelihood of such funding being provided.

 

The following information is an update of the report to Council’s General Purpose Committee meeting on 17 October 2008.  The Section 94 Co-ordinator has undertaken the following changes to the draft Contributions Plan as a consequence of discussion at the meeting.  The amended draft Contribution Plan is attached.

 

1        pg 3 s1.1 para 2: inclusion of word "Shire"

 

2        pg 5 s1.5, first and second bullet points: replacement of words " public amenities and services" with words "public     facilities and infrastructure"

 

3        pg 10 s2.8 para 1; replacement of words; "..will only be considered where the land has been previously identified as being required for that purpose and identified for acquisition by Council." with words "...will be considered at the discretion of Council."

 

4        pg 11 s2.10 para 1 sentence 2; replace words "..amended annually and increased according to the CPI to allow for increases in the cost of provision for facilities." with, "...amended annually and increased, or as the case may be, decreased according to the CPI to allow for adjustments in the cost of provision for facilities".

 

5        pg 12 s2.12 "Deferment of Payments" Given the proposed amendments to this section will require a change in Council policy could you further advise how I should proceed.

 

6        pg 14 s3 para 1; correction of incorrect post codes to now read "..postcodes 2447, 2448 and 2449."

 

7        pg 16 s3.3.3 para 1; correction to ABS data to read "Aboriginal and Torres Strait Islanders accounted for 5.7% of the LGA population, higher than the National average of 2.3%."

 

8.       pg 27, pg 28 s5.8/s.5.9 Works Schedules. Addition of column to indicate cost apportionment. Addition of explanatory notes (pg 28 only)

 

9        Council discussed amendment of s2.6 para 6 to replace the word "may", in the context of the sentence '...it may impose a condition..." with the word "will". The word "may" in this instance denotes Council retaining choice. This is likely to require amending each, or some, of the instances where the word "may" is used throughout bthe plan. Please advise. 

 

Contribution Plan Objectives

 

The format of the 2008 contribution plan follows the guidelines set down by the Department of Planning (2005) and clearly sets out the principles by which Council will collect and use monetary contributions collected under section 94.

 

The 2008 contribution plan has the objectives of:

(a)  identifying community infrastructure to be provided through the use of developer contributions collected under the previous plan

(b)  identifying community infrastructure to be provided through the use of future contributions collected under this plan

(c)  authorising Council to use previously collected funds on equivalent projects of a section 94 purpose where the original project is no longer required or is no longer appropriate to the community need

(d)  being reviewed and amended, where required, on completion of Community Facility and Infrastructure Needs Study so as to accurately meet future demand.

 

Public Exhibition and Consultation

Copies of the Draft Plan were distributed to senior Council officers for comment.

 

External consultation was undertaken through the public exhibition of the Draft Contribution Plan at Councils Administrative Centre Macksville, and Nambucca Heads Public Library. Notice of the Public Exhibition was advertised in The Guardian newspaper.

 

Internal Consultation: No submissions on the Draft Plan were received.

 

External Consultation:

A total of eight (8) submissions were received. Of the submissions seven (7) were received by due date and time and one (1) was received after the exhibition period had closed.

 

All eight submissions received have been considered.

 

Summary of Submissions Received

 

Submissions were received from:

 

§ The Coordinator, Nambucca Valley Neighbourhood Centre

§ Mr Ted Loury

§ Nambucca Heads Community Action Group

§ The Outreach Coordinator’ Macksville Campus, TAFE NSW North Coast Campus

§ AH & SM Rapley

§ Mr Chris Hewgill

§ Councillor Michael Moran

§ Councillor Rhonda Hoban

 

Overall the submissions indicated support for the Draft contribution plan.

 

Two detailed submissions expressed possible ambiguities within Part A and Part B of the plan, concerning the administration and operation of the contribution plan.

 

A general response to these is provided below:

 

§ The Draft Contribution Plan was prepared using the Practice Notes and Guidelines issued by the NSW Department of Planning 2005 for the preparation of Developer Contribution Plans. The draft was prepared paying heed to proposed changes in the Legislation which at the time of this Report have yet to be proclaimed.

 

§ Developer contributions are authorised to be levied, or demanded, as a condition of consent under s.94 of the Environmental Planning and Assessment Act, hence the contribution plan is commonly referred to as a Section 94 Plan. Any reference to section 93 of the Act within the plan only refers to the authority of Council to enter into a voluntary planning agreement in conjunction with, or as an alternative to, an applicant making a cash contribution under the section 94 plan.

 

§ There is no Legislative requirement to make any further reference to section 93.

 

§ Similarly the contribution plan has been drafted with the clear intention to explain as cogently as possible the foundations and methodology supporting the calculation of base contribution rates, the nexus relating to assigned projects and expenditure of previously collected contributions as required by the Act and attendant EP&A Regulation 2005.

 

§ All statistical data cited within the plan is publicly available from the Australian Bureau of Statistics and is referenced to the 2006 Census for statistical catchments within the Nambucca Shire Local Government Area.

 

§ The Works Program, detailing expenditure and project type was prepared by the Director Engineering,  Director Environmental Planning and Manager Finance, in conjunction with the Developer Contributions Project Coordinator.

 

 

CONCLUSION:

 

The Draft Community Facilities and Open Space Contribution Plan 2008 has been placed on public exhibition and the community has been provided with the opportunity to participate in the planning process. Interested organisations and individuals have provided valuable input through the submissions, with the majority of those received indicating overall support for the contribution plan.

 

In essence Council will be moving from a contribution plan which contained a works schedule with 93 separate projects requiring separate accounting across 3 catchments to a contribution plan which contains 14 projects in one catchment.  Importantly, the proposed works schedule in the draft contribution plan allows 8 projects to proceed immediately funded entirely from Section 94 as well as partial completion of a cycle way project at Valla.

 

 

CONSULTATION:

 

Discussed in Report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant issues identified.

 

Social

 

New facilities for recreational use.  Section 94 Plans form an important strategic tool for Council and as such provide long term sustainability of infrastructure and facility delivery.

 

Economic

 

Section 94 Plans generates income as a result of development and the associated additional needs.

 

Risks

 

The timing of delivery of projects is subject to the level of development activity.  There are risks to Council if a Contribution Plan is challenged and Council is unable to demonstrate the test of reasonableness in its implementation.

 

 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Section 94 developer contributions represent a significant income stream for Council. As such this plan offers considerable financial and resource benefits over the immediate and mid term.

 

It will be noted that all projects are 100% funded from Section 94 with the exception of the Coronation Park amenities and cycle ways.  The cycle ways are part of a plan which has already been adopted by Council and they can be brought forward using Section 94 funding only with General Fund paying for subsequent stages.

 

A more immediate issue is that Council has tendered for the provision of a Skate Park in Nambucca Heads, the completion of which will require Section 94 funding.  If the draft Contribution Plan is not adopted or amended so that it requires advertising, Council will need to decide whether it proceeds with construction of part of the Skate Park or defers the whole project.

 

Source of fund and any variance to working funds

 

The funds to be applied to this plan have already been accumulated.

 

 

Attachments:

1View

26595/2008 - Information and suggestions for meeting to be held 31 October 2008 in relation to Section 94 Plan funds - Cr Moran

 

2View

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

 

 


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 1

26595/2008 - Information and suggestions for meeting to be held 31 October 2008 in relation to Section 94 Plan funds - Cr Moran

 



 


The Nambucca Shire

Community Facilities and Open Space

Developer Contribution Plan 2008

 

 


 

 

 

 

 

 

 

 

 

 

 

October 2008

 

 


Plan Version

 

Version

Adopted

Commenced

Notes

V.1

[INSERT]

[INSERT]

 

 

 

 

 

Certification

 

This Contribution Plan, The Nambucca Shire Community Facilities and Open Space Contribution Plan 2008, is authorised under s.94 of the Environmental Planning and Assessment Act and was Adopted by the Nambucca Shire Council on [INSERT] and Commenced on [INSERT]

 

 

 

General Manager

Nambucca Shire Council

 
 

 

 

 

 

 

 



Contents

 

PART A

 

1A      Introduction

 

1.1          Name of this Plan                                                                                                    3

1.2          Commencement of Contribution Plan                                                    3

1.3          What Area does this plan apply to                                                                        3

1.4          What is a s94 contribution plan                                                                            3

1.5          Purpose of this contribution plan                                                                          4

1.6          Relationship to other plans                                                                                   4

1.7          For what amenities will contributions be levied                                                 5

1.8           Contribution plan structure                                                                                    5

 

2A      Administration and Operation of the Plan

 

2.1          Operation of the Plan                                                                                  6

2.2          What is the life of this Plan                                                                                     6

2.3          What is the contribution formula                                                                           6

2.4          When are contributions payable                                                                           6

2.5          Are contributions payable for complying development                                                 7

2.6          Offer to enter into a voluntary planning agreement                                           7

2.7          Works in Kind and material public benefit                                                          8

2.8          Dedication of land                                                                                       8

2.9          Monitoring and review of contributions                                                   9

2.10        Adjustment of contributions                                                                      9

2.11        Accountability                                                                                               9

2.12        Deferment of payments                                                                             10

2.13        Savings and transitional arrangements                                                              11

 

PART B

 

3B      Community Profile

 

3.1          Resident Population                                                                                   12

3.2          Demographic Characteristics                                                                  12

3.3          Dwelling and Household Characteristics                                                           14

 


4B      Population Projections and Facility Demand

 

4.1          Residential Development in Nambucca Shire                                                               17

4.2        Population Projections and Expected Development Trends                          18

 

PART C

 

5C      Strategy

 

5.1          Definition of Community Facilities and Infrastructure                                       19

5.2          Existing provision                                                                                                     20

5.3          Nexus and Future Demand                                                                       20

5.4          Community Infrastructure Work Schedule Summary                                       20

5.5          Apportionment                                                                                             21

5.6          Contribution Catchments                                                                                       21

5.7          Contribution Rate                                                                                                     21

5.8          Community Infrastructure Work Schedule                                                          22

5.9          Community Infrastructure Schedule (Cycle Ways)                                            23

 

PART D

 

6D      References and Support Documents

                                                                                                         24

 

TABLES

 

          Table 1                        Population Size and Change Nambucca LGA                                12

             Table 2                        Age Structure Nambucca LGA                                                            13

             Table 3                        Dwelling Growth 1996 – 2006                                                            14

             Table 4                        Occupancy Rates 2006                                                                        15

             Table 5                        Commenced Residential Dwellings 2001 – 2006                                     16

             Table 6                        Population Projections                                                                         17

             Table 7                        Summary of Contributions                                                                  21

 

APPENDICES

 

          Appendix 1     Example Works in Kind Agreement                                                               30

             Appendix 2     Example Developer Agreement                                                         54

 

 


Part A

 

1.   Introduction

 

1.1     Name of this Plan

 

This s.94 Developer Contribution Plan is prepared in accordance with the provisions of section 94 of the Environmental Planning and assessment act (1979) (EP&A Act) and Part 4 of the Planning and Assessment Regulation (2000) (Regulation).

 

The Plan is named the “Nambucca Shire Community Facilities and Open Space Developer Contribution Plan 2008”.

 

1.2     Commencement of Contribution Plan

 

This contribution plan is prepared pursuant to the provisions of s.94 of the EP&A Act and Part 4 of the Regulation and is effective from [Insert Date]

 

1.3     What area does this Plan apply to?

 

This Plan applies to all land within the Nambucca Shire indicated on the map at Appendix A.

 

This development contribution plan applies to applications for development consent and applications for complying development certificates under Part 4 of the Act.

 

1.4     What is a s.94 contribution plan?

 

s.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 s.94 plan remains a public document and describes Councils policy on developer contributions.

 

A s.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 s.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, and the formulae for determining the rate; the contribution rates; the works schedule; and, timeframe for expenditure and project delivery.

 

The Plan should be flexible, it should be able to respond to the changing needs of an area, and it should allow for the planned, efficient provision of facilities and infrastructure expected to be required as a result of, or to assist, new development.

 

The plan should operate over a specific period of time, which in this case is 10 years, for determining both the rate of development and the infrastructure, facilities and services to be provided within that period.  The plan should be reviewed and amended if necessary at the programs mid point (5 years).

 

Council can only demand a contribution if it is satisfied the development, the subject of the development application, will or is likely to require the provision of or increase 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.

 

The ability to fund new works facilities and the embellishment of existing infrastructure in the community through the use of s.94 contributions is highly important for Nambucca Shire Council. Through the use of developer contributions Council reduce the cost and impact of existing residents in the LGA for the provision of additional services and infrastructure generated by new development. The utilisation of s.94 contributions guarantees the service level for the existing population is maintained while ensuring an equivalent level is provided for the incoming population.

 

1.5     Purpose of this contribution plan

 

This plan satisfies the requirements of the EP&A Act and Regulation and authorises Nambucca Shire Council to require payment of a monetary contribution, a dedication of land or in lieu of, to accept the provision of material public benefit, including the dedication of land, or the carrying out of a works in kind agreement, towards provision, extension or augmentation of public facilities, infrastructure and/ or services that will, or are likely to be, required as a consequence of development in the Nambucca Shire.

 


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 facilities and infrastructure

§ Ensure that all new development that benefits from these public facilities and infrastructure contribute towards their provision

§ Determine the likely development patterns and needs of the population which will result from that development

§ Ensure that the existing Nambucca 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 Nambucca 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 which is implemented for the assessment, accounting and review of development contributions made under s.94 of the Act and regulation for the Nambucca LGA; and

§ Indicate a program of works and capital expenditure for the provision of public works required as a result of development within the LGA.

 

1.6     Relationship to other Plans

 

This Plan supersedes:

 

§ Nambucca Shire Council (1993) Section 94 Contribution Plan Community Facilities

 

Contributions raised and paid under the authority of this Plan will be directed towards the respective facility and infrastructure described in the Work Schedule of this Plan.

This Plan incorporates the outstanding fund balance 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 least one (1) year from the date of development consent, which contains the condition imposing the section 94 contribution/s.

 


1.7     For what facilities and / or infrastructure will contributions be levied?

 

This contribution plan establishes strategies that allow section 94 contributions to be levied towards the provision of the following categories of facility, infrastructure or service provided these relate to the need generated through increased development demands:

 

§ Community Facilities

§ Open Space

§ Community Facilities and Recreation Planning Study

 

1.8     Contribution plan structure

 

The contribution plan is structured in four (4) parts:

 

Part A: details essential components of the Plan, including the basis for preparing a development contribution plan, describes the Plans operation and administration, defines the area affected by the Plan and its relationship to other plans.

 

Part B: provides details of the need for public facilities planned to be provided, including the expected development and population characteristics of the Nambucca Shire and the plan for the delivery of required facilities and infrastructure.

 

Part C: provides details on the strategies to deliver each of the categories of facilities and infrastructure, including the causal, spatial and temporal link between the expected development and the facilities required, and the philosophy, standards and manner of facility and service delivery.

 

Part D: details support documentation and references.


2       Administration and Operation of the Plan

 

2.1     Operation of the Plan

 

Section 94 permits Council to require developers to provide or assist in the provision of new facilities and infrastructure required as a result of new development. The mechanism to require the contribution is through the development assessment process.

 

In determining a development application or issuing a complying development certificate, Council may impose a condition of consent requiring the payment of a monetary contribution, dedication of land and / or works in kind, in accordance with the provisions of the plan.

 

This plan identifies the quantum of contribution to be levied on an individual development, and what facilities and infrastructure the contribution may be directed towards. Such details are to be included in the respective development approval. The parameters and assumptions used to identify contributions and the works as a result of development occurring are dynamic. As a result this plan will be reviewed periodically.

 

Information on the contributions received, and details of how these contributions have been applied towards the provision of the public amenities and services described in this Plan, will be reported in Council's annual financial statements. A register of contributions received under this Plan will also be maintained and made publicly available by Council.

 

2.2     What is the life of this Plan?

 

This Plan seeks development contributions for facilities and infrastructure required as a result of population increases occurring over the next ten (10) year period. The time frame selected accords with the estimated rates of development and population projections completed to identify growth from 2008.

 

2.3     What is the contribution formula?

 

The formula used to determine the contributions regarding each type of facility and service are set out in Part C of this Plan. The formulas have been based on a generic contribution formula that applies to each facility or infrastructure item.

 

The contribution rate will be indexed according to the CPI set out in section 2.10. A summary of the contribution rate is provided. The contribution rates for residential development are calculated per person, and then converted to a per dwelling bedroom occupancy or where applicable per new lot.

 

2.4     When are contributions payable?

 

The amount of developer contributions will be determined as a part of the assessment of a development application and will appear as a condition of approval on the respective development consent issued under section 80 of the EP&A Act. The notice will include a condition indicating the timing, amount of payment and the specific public amenity or service in respect of which a condition is imposed.

 

The provision of material public benefits or works in kind, or payment of a monetary contribution is to be made prior to the issue of a construction certificate. In the case of subdivision, the contribution is to be made prior to the issue of the subdivision certificate. Where a developer negotiates a material public benefit or works in kind in lieu of paying a monetary contribution required under this Plan, the developer must also pay Council's reasonable costs for the management of this contribution plan.

 

The amount of monetary contribution to be paid will be the contribution payable at the time of consent, and depending on when the development consent is acted upon, may be subject to reasonable adjustment due to movements in the financial indices and rates in section 2.10

 

2.5     Are contributions payable for complying development?

 

It is the responsibility of the principal certifying authority to accurately calculate and apply the section 94 contribution conditions where applicable. It is the responsibility of any person issuing a construction certificate to certify that the contributions have been paid to Council prior to the issue of the certificate. Deferred payments of contributions required by a condition of complying development certificate will not be accepted.

 

The provision of material public benefits, works in kind or payment of a monetary contribution is to be made prior to the issue of the construction certificate. In the case of subdivision, the contribution is to be made prior to the issue of a subdivision certificate.

 

Where a developer negotiates a material public benefit or works in kind in lieu of paying the monetary contribution required under this Plan, the developer must also pay Council's reasonable costs for the management of this contributions Plan.

 


2.6     Offer to enter into a voluntary planning agreement

 

If an applicant does not wish to pay a levy in connection with the carrying out of a development, the applicant may offer to enter into a voluntary planning agreement with Council under s.93F of the EP&A Act in connection with making a development application.

 

Under the planning agreement, the applicant may offer to pay money, dedicate land, carry out works or provide other material benefits for public purposes.

 

The applicant's provision under a planning agreement may be additional to or instead of paying a contribution in accordance with a condition of development consent authorised by this Plan. This will be a matter of negotiation with Council.

 

The offer to enter into the planning agreement together with a copy of the draft agreement should accompany the relevant development application.

 

Council will publicly notify the draft planning agreement and an explanatory note relating to the draft agreement along with the development application and will consider the agreement as part of its assessment of that application.

 

If council agrees to enter into the planning agreement, it may impose a condition of development consent under s.93I(3) of the EP&A Act requiring the agreement to be entered into and performed. If Council does not agree to enter into the planning agreement, it may grant consent subject to a condition authorised by this Plan requiring the payment of a contribution.

 

2.7     Works in Kind and Material Public Benefits

 

Council may allow applicants to make a contribution by way of a material public benefit, (for items NOT included in the Works Schedule) or by works in kind (for items included in the Works Schedule) as referred to in s.94(5) of the Environmental Planning and Assessment Act 1979.

 

Council may, but is not obliged to, accept material public benefits or works in kind when:

 

§ Agreement is reached between the developer and Council as to the proposed material public benefit or works in kind

§ A monetary contribution in accordance with the Section 94 plan is unnecessary or unreasonable in the circumstances

§ The value of the material public benefit or works in kind is at least equal to the value of the monetary contribution assessed in accordance with the plan, and

§ The material public benefit of all works in kind will not prejudice the timing or the manner of the provision of the public facility for which the contribution was required.

 

It may also accept a material public benefit for an item not included on the contribution plan work schedule where it considers the acceptance of that material public benefit will not create an unacceptable shortfall in contributions collected which may lead to difficulty in providing other items on the work schedule.

 

The offer from an applicant or any other entitled to that consent must be made in writing as part of the development application and include details of the extent and nature of the works proposed to be undertaken.

 

Council will require the applicant to enter into a written agreement for the provision of the works.

 

Acceptance of any such alternative is at the sole discretion of Council. Valuation of any land to be dedicated will be obtained by Council at the applicant’s expense. The cost of the dedications are to be borne by the applicant. The terms of the offer as accepted by Council will be included in the development consent.

 

2.8     Dedication of Land

 

Dedication of land in lieu of monetary contributions for community facilities, open space or other infrastructure described in this plan will be considered at the discretion of Council.

 

Dedication of land will be required on an area basis in accordance with the rates in the plan at the date of dedication. All costs of dedication are to be borne by the applicant, including but not limited to, survey, legal and administration costs.

 

The land is to be in a condition suitable for its intended purpose cleared of all debris, weeds and waste materials. The land is to have a compliance certificate from a registered testing authority stating that the land is free from contaminated and hazardous materials and substances. Council will not accept dedication of any lands otherwise.

 

Land to be dedicated is to be shown on the Final Plan of Subdivision that accompanies the Subdivision Certificate application, and come under Council care and control upon registration of the subdivision.

 

2.9     Monitoring and Review of Contributions

 

Nambucca Shire Council acknowledges the need to continually monitor and review this Contribution Plan. The contribution plan will be subject to review that will account for such matters as community need, provision costs, development rates, contribution affordability and performance of provision of works.

 

In the event of Council identifying changes as a result of the review process, amendments to the contribution plan, (apart from the periodic adjustment of contributions that is provided for is s.2.10 of this Plan, based on published indices), will be publicly exhibited in accordance with the requirements of the EP&A Regulation 2000.

 

Pursuant to Cl32(3) of the Regulation 2000, Council may make certain minor adjustments or amendments to the Plan without prior public exhibition and adoption by Council.

 

2.10   Adjustment of Contributions

 

To ensure that the values of the contributions are not eroded over time by movements in the Consumer Price Index (CPI), Council will amend the contribution rates. The contribution rates listed in Part C will be amended annually and increased, or as the case may be, decreased according to the CPI to allow for adjustments in the cost of provision for facilities. Contributions will also be adjusted at the time of payment in accordance with the quarterly CPI.

 

Contributions required as a condition of development consent will be adjusted at the time of payment in accordance with the latest CPI (All Groups – Sydney) as published quarterly by the Australian Bureau of Statistics (ABS), using the following formula.

 

Contribution at the time of payment          =          C          x          CPI 2

                                                                                                     CPI 1

 

Where:

 

C          =          The original contribution amount as shown on the consent

CPI 2      =       The CPI Number (All Groups – Sydney) currently available from the ABS at the time of payment

CPI 1      =       The CPI Number (All Groups – Sydney) last published by the ABS at the time of coming into effect of the Plan, or subsequent amendment of the Plan.

 

2.11   Accountability

 

Financial management and accountability are important components of section 94, and Council is obliged to maintain an accurate and up to date register of all section 94 contributions.

 

Monetary contributions received under the authority of this Plan must be recorded and kept through a separate account specifically established for this Plan. The records must indicate the contributions received, contributions expended and must include the interest, if any, earned on invested funds for each account.

 

These records are updated on a monthly basis.

 

Separate accounting records are maintained for all Council's section 94 contribution plans. Information on section 94 accounts and funds relating to this plan will be provided in a condensed format within Nambucca Shire Council's Annual Report/s in accordance with requirements of the EP&A Regulation 2000. Information is also available in Council's contribution register relating to this plan, which can be inspected at Council during normal business hours.

 

2.12   Deferment of Payments

 

If Council’s policy at any given time is to allow deferred or periodic payment options for monetary section 94 contributions it will be subject to consideration of a written application forwarded to Council prior to the due payment date for the contribution as occurs under this plan.

 

In deciding whether to allow deferred or periodic payment of a monetary section 94 contribution, Council will take into consideration the following:

 

§ the reasons provided by the applicant requesting a deferred or periodic payment

§ no prejudice will be caused to the community deriving benefit from the services being provided under this Plan

§ whether the deferment or periodic payment of the contribution is likely to prevent the facility or infrastructure being provided to meet the demands of development in a timely manner.

§ whether the applicant has provided the Council with adequate security in relation to the deferred or periodic payment;

§ any other relevant circumstances of the case.

 

If Council determines to allow the application, the arrangements relating to the deferred or periodic payment will not take effect until the applicant has entered into a written agreement with the Council reflecting the terms of the Councils approval.

 

The decision to agree to such a request will be at the complete discretion of Council.

 

If Council does decide to accept deferred or periodic payment, Council may require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

 

§ indexing will be calculated from the date the contribution was due until the date of payment

§ the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security

§ the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than twelve (12) months from the provision of the guarantee or completion of the work

§ 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

§ 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

§ where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid.

 

2.13   Savings and Transitional Arrangements

 

A development application submitted prior to the adoption of this plan but not determined shall be determined in accordance with the provisions of the Plan, which applied the date of determination of the application.


Part B

 

3.      Community Profile

 

The community profile is prepared to provide a clear understanding of the characteristics of the resident population of the Nambucca Shire and to identify trends. The profile assists in projecting residential population growth and determining what facilities will be required to meet the needs of the population resulting from future development. Data is drawn from the ABS Census data held for 1996, 2001 and 2006 using the Nambucca LGA and postcodes 2447,2448 and 2449.

 

3.1     Resident Population

 

The resident population of the Nambucca Shire has been experiencing stagnant growth since 1996. The 2001 Census recorded 17,778 persons across the Shire, an Increase of 0.17% annually between 1996 and 2001. The 2006 Census records 17,896 persons indicating a 0.2% annual increase since 2001.

 

Table 1                        Population Size and Change Nambucca Shire Local Govt Area

 

 

Year

 

Population

 

Average % Change P.A.

 

1991

 

16 699

 

 

 

1996

 

17 567

 

1.04

 

2001

 

17 778

 

0.17

 

2006

 

17 896

 

0.2

 


3.2     Demographic Characteristics

 

3.2.1  Age Structure

 

In the 2006 Census 20.2% of the population usually resident in Nambucca LGA were children aged between 0 – 14 years, compared with the NSW state median of 19.8%. Comparatively, a large proportion of the population, 32.3%, was aged 55 years and over, against a State median of 24.8%. The median age for persons in the Nambucca Shire was 44 years against a State median of 37 years.

 

These figures reflect the trend of coastal and near coastal locations as popular retirement destinations, and the relatively low numbers of younger people is complementary to the ageing population trend.

Table 2                        Age Structure, Nambucca LGA 1996 – 2006

 

 

Age Group

 

1996

(no.)

 

2001

(no.)

 

2006

(no.)

 

Change

96-06(%)

 

0-4 years

 

1 132

 

973

 

978

 

-13.5

 

5-9 years

 

1 402

 

1 247

 

1 101

 

-22.7

 

10-14 years

 

1 499

 

1 441

 

1 265

 

-16.0

 

15-19 years

 

1 088

 

1 175

 

1 126

 

3.7

 

20-24 years

 

679

 

574

 

652

 

-3.9

 

25-29 years

 

746

 

686

 

567

 

-25.3

 

30-34 years

 

1 022

 

791

 

737

 

-29.4

 

35-39 years

 

1 319

 

1 041

 

868

 

-37.7

 

40-44 years

 

1 265

 

1 347

 

1 154

 

-7.9

 

45-49 years

 

1 174

 

1 298

 

1 427

 

20.4

 

50-54 years

 

946

 

1 216

 

1 353

 

39.8

 

55-59 years

 

922

 

1 069

 

1 389

 

45.8

 

60-64 years

 

933

 

1 077

 

1 229

 

29.5

 

65-69 years

 

1089

 

990

 

1 134

 

5.5

 

70-74 years

 

1 051

 

1 039

 

932

 

-11.39

 

75-79 years

 

650

 

865

 

883

 

35.1

 

80-84 years

 

389

 

482

 

653

 

59.4

 

85 years and over

 

261

 

351

 

448

 

62.0

 

Total

 

17 567

 

17 662

 

17 896

 

1.86

 

3.3.2  Household Type

Couple only households (32.2%) and lone person households (30.1%) in 2006 comprised a large proportion of the households in the Nambucca LGA. This is higher than the New South Wales average where couple only households account for 22.9%. Lone person households are significantly higher than the State average of 23.0%.

 

Single parent families comprise 18.6% of families, (State av 15.8%). In the 2006 Census Nambucca LGA recorded that family households accounted for 67.5% (State 67.3%) of occupied private dwellings and group households 2.4% (State 3.7%)

 

3.3.3  Ethnicity

 

In the 2006 Census, 84.0% of persons resident in the Nambucca LGA stated they were born in Australia, significantly higher than the National average of 70.9%. Aboriginal and Torres Strait Islanders accounted for 5.7% of the LGA population, higher than the National average of 2.3%.

 

Of those residents not born in Australia, 4.8% were English and 1.1% from New Zealand. The remaining 8.3% were born elsewhere

 

3.3.4  Income

Nambucca has a broad income distribution, however the trend is towards the lower end of weekly incomes. In 2006 the gross median individual weekly income was $296 per week compared to the State average of $461.

 

In 2006 the median family income in Nambucca LGA was $642 per week against the State average of $1,181

 

3.3.5  Labour Force Participation

 

In 2006 6,421 residents of Nambucca LGA were in the labour force. Of the total labour force 5,069 were engaged in either full-time or part time employment, representing 78.9% of the working population. The unemployment rate for Nambucca LGA in 2006 was 15.2% compared with a State unemployment rate at that time of 5.9%.

 

The labour force participation rate (LFPR) for Nambucca LGA in 2006 was 45.54% compared with a New South Wales LFPR of 60.2%.

 

3.4     Dwelling and Household Characteristics

 

3.4.1  Overview

 

Future housing development in Nambucca LGA is likely to be of a type that is focused on urban and near urban locations, with significant growth in coastal and near coastal locations. It is anticipated that the choice of housing types are likely to broaden in the coming years and allowance has been made in this plan to consider a wider range of options for urban residential development including medium density.

 

Near urban or rural residential housing development is expected to remain a significant component of the housing mix, as will a likely trend towards multi unit housing. However the demand for separate housing on urban residential lots is expected to remain the key housing choice.

 

3.4.2  Dwelling Growth

 

Table 3                        Dwelling Growth (1996-2006)

 

 

Dwelling Type

 

1996

 

2001

 

2006

 

% change 96-01

 

% change 01-06

 

Detached House

 

5 327

 

5 932

 

6 187

 

10.2%

 

4.2%

 

Semi, row, terrace,etc

 

282

 

195

 

263

 

-30.85%

 

34.87%

 

Flat, unit, apartment.

 

498

 

554

 

608

 

11.24%

 

9.74%

 

Other Dwelling

 

 

 

 

 

Caravan, cabin, houseboat

 

 

536

 

 

446

 

 

463

 

 

-16.79%

 

 

3.8%

Improvised home, tent, sleep out

 

 

14

 

 

8

 

 

23

 

 

-48.85%

 

 

65.22%

House or flat attached to shop, office,

 

 

51

 

 

39

 

 

32

 

 

-23.52%

 

 

-17.94%

 

Total Other Dwelling

 

601

 

493

 

518

 

-17.97%

 

5.07%

 

Dwelling structure not stated

 

 

73

 

 

80

 

 

11

 

 

9.58%

 

 

-86.25%

 

Total Occupied Private Dwellings

 

 

6 781

 

 

7 254

 

 

7 587

 

 

6.9%

 

 

4.6%

 

The key trends over the period 1996 – 2006 as indicated in Table 3 are:

 

§ Over the 10 years 1996 – 2006 the total number of occupied dwellings in the Nambucca LGA increased by 11.5% or 806 dwellings.

§ Development of flats, units and apartments has grown significantly in the period 2001-2006

§ The growth of detached houses has remained steady with a slight increase in the 01-06 figures

 


3.4.3  Dwelling Type

 

In 2006 detached housing comprised 81.5% of the Nambucca LGA private occupied housing stock. Medium density type housing, semi detached, units and apartments, made up 11.5% of the stock, 6.0% comprised caravans and the remaining 1.0% other housing types.

 

From the data available the ratio of dwelling types across the LGA has remained stable over the period 01-06.

 

3.4.4  Tenure

 

In 2006 46.32% of Nambucca LGA dwellings were fully owned, with a further 24.2% being purchased. This compared with figures for New South Wales where overall 34.82% of dwellings were fully owned and a further 31.88% were being purchased.

 

In 2006 in the Nambucca LGA 25.6% of dwellings were subject to rental agreements compared to the State figure of 29.53% for the same period

 

3.4.5  Occupancy Rates

 

Table 4                        Occupancy Rates (No Bedrooms per dwelling type: 2006 Census)

 

 

Number of bedrooms

 

1

 

2

 

3

 

Detached housing

 

1.3

 

1.6

 

2.4

 

Semi detached, row or townhouse

 

1.0

 

1.5

 

2.0

 

Flat Unit or apartment

 

1.2

 

1.5

 

2.2

 

The household occupancy rate for the Nambucca LGA in 2006 was 2.4 persons compared with a State and national average of 2.6 persons. The average for persons per dwelling, based on the number of bedrooms, is detailed in Table 4 above.

 


3.4.6  Commenced Residential Dwellings

 

Table 5                        Dwellings Commenced Construction 2001 – 2006 in Nambucca Shire

 

 

Year

 

2001

 

2002

 

2003

 

2004

 

2005

 

2006

 

Total

 

Commenced Residential Buildings

 

212

 

262

 

293

 

287

 

251

 

190

 

1,495

 

 

Table 5 details the rate of residential construction in the Nambucca LGA for the period 2001-06. The total commencement rate of 1,495 dwellings represents 249 dwellings per year.

 

3.4.7 Summary of Key Trends

 

From analysis of available data provided through the Australian Bureau of Statistics (ABS) and other sources emerging trends in the demographics of the Nambucca LGA can be revealed which will assist in the planning and delivery of new community facilities and infrastructure to meet increased population demand.

 

Key characteristics of the Nambucca LGA are:

 

§ A higher than average unemployment rate coupled with a lower labour force participation rate

§ A net decline in the age groups 0 – 44 years. The two age groups with the highest growth in the LGA are those in the 50 –54 age group, and those aged over 85.

§ A low income population

§ Low dwelling densities

§ Lower than average occupancy rates for dwellings

§ A high proportion of fully owned dwellings

 

In common with other coastal LGA’s Nambucca LGA is experiencing an ageing population however unlike other equivalent areas it is coupled with a declining birth rate and outward migration of persons aged 20-44 years. The ageing population has effects on the planning and provision of future open space and community facilities.

 


4.       Population Projections and Facility Demand

 

This Section provides detail on the future resident population of the Nambucca LGA across new residential release areas, established urban and villages and rural. It reviews the anticipated rate and type of residential development likely to occur over the next 20 years, and the expected demand for community facilities and open space.

 

4.1     Residential Development in Nambucca Shire

 

Patterns of settlement across the LGA have traditionally supported lower density detached residential housing on larger blocks. Established urban areas, such as the townships of MacksvIlle and Nambucca Heads, have attracted incremental growth within the township cores, and on the edges, through the subdivision of small rural land parcels and or larger lots residential lots. Targeted new release areas have provided a significant supply of new residential land since 1988.

 

Table 6                        Population Projections Nambucca Shire 2006 - 2026

 

 

Year

 

Population

 

Av Annual Growth (%)

 

Population Projection (2008)

 

Av Annual Growth (2008) (%)

 

 

ABS Census

 

ABS Census

 

S.94 Plan

 

S.94 Plan

 

1991

 

16 699

 

 

 

 

1996

 

17 567

 

1.04%

 

 

 

2001

 

17 662

 

0.17%

 

 

 

2006

 

17 896

 

0.2%

 

17 896

 

0.2%

 

2008

 

 

 

 

 

17 961

 

 

 

2012

 

 

 

18 140

 

0.25%

 

2016

 

 

 

18 865

 

1.0%

 

2020

 

 

 

19 619

 

1.0%

 

2024

 

 

 

20 011

 

0.5%

 

2028

 

 

 

20,411

 

0.5%

 

4.2               Population Projections and Expected Development Trends

 

Based on data available from the ABS (census 2006) and on historical Census figures (1991, 1996, 2001) it is expected that the population of the Nambucca LGA will increase from 17,896 persons (2006) to 20,411 persons by 2028, indicating a net growth of 2,515 persons.

 

It is expected that most of this growth will occur in or near established urban centres and is more likely to be greater towards the coast. Generally the population growth is not expected to be evenly distributed.

 

The freestanding detached dwelling is expected to remain the preferred choice of housing stock, however medium density housing such as apartments and villa type development may become more popular as the community ages.

 


Part C Strategy

 

5          Community Facilities

 

5.1     Definition of Community Facilities and Infrastructure

 

Community facilities and infrastructure as defined in this contribution plan and the provision of which is supported by Legislation includes:

 

(a)   Local parks

(b)   Local sporting and recreational facilities,

(c)   cultural, civic and social service facilities

(d)   Land required for (a) to (c) above

 

Local Parks

Local parks are defined as being located within urban residential precincts and provide passive recreation at a neighbourhood level. They are designed to provide a well managed informal recreational open space within an attractive setting. Local parks have an important role in the conservation and protection of local biodiversity and the provision of interconnected corridors.

 

Local parks should provide an area of not less than 0.25ha.

 

Park facilities and improvements can include:

§ Connecting pathways

§ Shade plantings

§ Play equipment

§ Park furniture

§ Ground plane material – turf, mulch, paving

§ Signage

§ Perimeter fencing

§ Conservation/protection/restoration of biodiversity

§ Ball play area

§ Canine off leash area

§ Water connection

 

Local Sporting and Recreational Facilities

Includes sportsgrounds and associated facilities to service local community sporting demand.

 

Facilities to be provided can include:

§ Double playing fields to provide for AFL, league, union or football overlay in winter, and cricket overlay in summer

§ Amenities building (300sq.m)

§ Car park and access road (40 spaces)

§ Perimeter fence

§ Shade tree planting and general landscape improvement

 

Cultural, Civic and Social Service Facilities

Includes the provision of neighbourhood or community centres, local library or combination facility to service new local demand. Other infrastructure that meets this definition Includes dual use off road pathways for cyclists, pedestrians and the disabled or aged.

 

5.2        Community Infrastructure Existing Provision

 

The Nambucca LGA has experienced an annual mean growth in new dwellings of 10.6% in the 10 years to 2006. The highest levels of new residential growth have been concentrated in existing core urban and near urban areas within the valley and coastal precincts.

 

The existing provision of community facilities, infrastructure and service within the Shire is adequate in terms of overall floor area, however distribution of facilities remains an issue.

 

5.3        Nexus and Future Demand

 

As the Shires population continues to age future demand is likely to be focused on the provision of services and facilities that support improved access and mobility. Data is presently unavailable on the breakdown of age on inward migration, nor are figures available on age against new home purchase in the Shire, however anecdotal evidence suggests that that those aged 45 years and over comprise a significant proportion of the inward migration.

 

Local organised sporting bodies continue to attract significant support from the community commensurate with the current population growth figures. Expected growth over the coming decade will increase demand for sporting facilities at a district level.

 

5.4     Community Facilities Work Schedule Summary

 

Item 1              Hennessey Tape Oval, Bowraville

Extension to existing amenities building to provide additional change rooms due to increases registration of junior players from across the Shire.

 

Item 2:             Macksville Park, Macksville

Provision of additional undercover area adjoining existing amenities building and due to increased demand

 

Item 3:             Macksville Park, Macksville

Provision of additional security storage facility due to increased demand from Shire sporting associations

 

Item 4:             South Macksville Park, Preston Drive South Macksville.

Staged development of new parkland in growing residential precinct. Park to provide informal recreation at local and district level due to strategic central location

 

Item 5:             Valla Pre School, Valla Beach

Construction of new carpark to meet increased traffic and parking demands

 

Item 6:             Coronation Park Nambucca Heads

Replacement of existing amenities building. Apportioned s94 contribution.

 

Item 7:             Open Space and Community Facilities Study

Funded study to assess future facility and open space needs of Shire

 

Item 8:             Macksville Library Loan Repayment

             Carry over loan from previous plan

 

Item 9:             Nambucca Heads Skate Park

             Construction of new facility. Apportioned s94 contribution.

 

Item 10 through 14:  Cycle and Shared Path Ways

Staged implementation of Councils Adopted Cycleway Plan

 

5.5     Apportionment

 

The population of the Shire is expected to grow at a mean annual average rate of 0.65% over the life of the plan, giving an overall population growth rate of 13% over the full life of the contribution plan. Considering that the existing population of the Shire will benefit from facility and infrastructure provision provided to meet new demand due to residential development, the apportioned rate, or share, of costs for s.94 contributions is 20%. The rate of apportionment is determined by future population growth at 13% plus 7% variance.

 


5.6     Contribution Catchments

 

This contribution plan comprises one (1) contribution catchment based on future urban growth. In accordance with the underlying principles of the section 94 legislation the contributions will be used to directly fund community infrastructure projects distributed across the collection catchment.

 

5.7     Contribution Rate

 

The contribution rate is calculated as follows:

 

Formula

Contribution per Person ($) =          TC x RA

                                                   RP

 

Where:

 

TC = total cost of new works minus value of previously collected contributions

RA = the proportion of total cost to be attributed to new development

RP = the increase in Shire residential

 

Calculation

Contribution per Person ($) = ($9,330,271-294,808) x 0.2

                                                   2 515

= $718.52 (per person)

 

Table 7 Summary of Contributions (All Residential)

 

 

Number Bedrooms

 

Rate ($) per Person

 

1

 

2

 

3

 

New Lot

 

Occupancy Rate

 

 

1.6

 

1.9

 

2.4

 

 

 

Community Infrastructure

 

$718.52

 

$1 149.63

 

$1 365.19

 

$1 724.45

 

$1 724.45

 


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

5.8    Community Infrastructure Work Schedule

 

 

Item

 

Description/Type

 

Area/No

 

$/m2 /ea

[1]

SubTotal

 

Prelims

 

Fees

 

Proj Mng

 

Cont’

[2]

Total Est

[3]

% App

[4]

ThresholdDate

1

Hennessey Tape Oval

Bowraville

§ Upgrade to amenities building

20sq.m

3,000sq.m

$60,000

6,000

2,310

NA

8,538

76,848

76,848

2009

2

MacksvIlle Park

Macksville

§ Construction of awning

 

 

1

 

 

ea

 

 

$36,000

 

 

3,600

 

 

1,386

 

 

NA

 

 

5,123

 

 

46,109

 

 

46,109

 

 

Post 2008

3

Macksville Park

Macksville

§ Construction of secure storage facility

 

 

 

20sq.m

 

 

 

2000sq.m

 

 

 

40,000

 

 

 

4,000

 

 

 

1,540

 

 

 

NA

 

 

 

5,692

 

 

 

51,232

 

 

 

51,232

 

 

 

Post 2008

4

 

South MacksvIlle Park

Preston Drive

South Macksville

Stage 1

 

Stage 2

 

 

 

 

 

 

 

 

 

90,000

 

 

90,000

 

 

9,000

 

 

9,000

 

 

3,465

 

 

3,465

 

 

NA

 

 

NA

 

 

12,808

 

 

12,808

 

 

115,273

 

 

115,273

 

 

115,273

 

 

115,273

 

 

Post 2008

 

 

Post 2010

5

Valla Pre School / Community Centre

Valla Beach

§ Construction of car park

 

 

 

 

 

 

35,000

 

 

 

 

3,500

 

 

 

 

1,347

 

 

 

 

NA

 

 

 

 

4,980

 

 

 

 

44,827

 

 

 

 

44,827

 

 

 

 

2009

6

Coronation Park

Nambucca Heads

§ New amenities building

 

 

300sq.m

 

 

3,500sq.m

 

 

1,050,000

 

 

73,500

 

 

39,322

 

 

11,628

 

 

148,259

 

 

1,322,709

 

 

262,677

 

 

Post 2009

7

Open Space and Community Facilities Study

 

1

 

ea

 

30,000

 

 

 

 

 

30,000

 

30,000

 

2009

8

Macksville Library

§ Loan Repayment

 

 

 

60,000

 

 

 

 

 

60,000

 

60,000

 

9

Nambucca Skate Park

§ Construction

 

 

 

88,000

 

 

 

 

 

88,000

 

88,000

 

2009

 

 

 

Total

 

 

 

 

 

 

 

 

 

$1,950,271

 

$890,239

 

 

 


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

5.9    Community Infrastructure (Cycle Ways) Work Schedule

 

 

Item

 

DescrIptIon/Type

 

LIn.m

 

$/lIn.m

[1]

SubTotal

 

Prelims

 

Fees

 

Proj Mng

 

Cont’

[2]

Total Est

[3]

% App

[4]

Threshold

Date

 

10

 

Valla Cycle Way

§ Stage 1 – 5

 

 

5,200

 

$200 lin.m

 

$1,040,000

 

NA

 

NA

 

NA

 

130,000

 

1,170,000

 

$234,000

 

2009

 

11

 

Nambucca Cycle Way

§ Stage 1 – 6

 

 

 

11,800

 

 

$200 lin.m

 

 

2,360,000

 

NA

 

NA

 

NA

 

 

295,000

 

 

2,655,000

 

 

$531,000

 

 

Post 2009

 

12

 

Macksville Cycle Way

§ Stage 1 - 5

 

 

9000

 

 

 

$200 lin.m

 

 

1,800,000

 

NA

 

NA

 

NA

 

 

225,000

 

 

2,025,000

 

 

$405,000

 

 

Post 2010

 

13

 

 

Scotts Head Cycle Way

§ Stage 1 - 6

 

 

4,500

 

 

 

$200 lin.m

 

 

900,000

 

NA

 

NA

 

NA

 

 

112,500

 

 

1,012,500

 

 

$202,500

 

 

Post 2010

 

14

 

Bowraville Cycle Way

 

2,300

 

 

$200 lin.m

 

460,000

 

NA

 

NA

 

NA

 

57,500

 

517,500

 

$103,500

 

Post 2010

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

$7,380,000

 

$1,476,000

 

 

Notes:

[1]         Estimated baseline cost of facility/infrastructure

[2]         Adjusted cost of facility/infrastructure

[3]         Cost of facility/infrastructure apportioned to developer contributions

[4]         Earliest date for facility/infrastructure delivery

 


Part D - References and Support Materials

 

Census Data 1991; 1996; 2001; 2006 Australian Bureau of Statistics, Canberra 

Draft Mid North Coast Regional Strategy. Department of Planning, New South Wales. 2006

Nambucca Shire Cycleway Plan. Nambucca Shire Council, New South Wales. 2005


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

Appendix 1

 

 

Example Works in Kind Agreement


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

The Council of the Shire of Nambucca

(“the Council”)

 

 

and

 

[insert name of Developer]

(the Developer)

 

Works in Kind Agreement

Authorised under section 94 of the Environmental Planning and Assessment Act 1979

 

 

WIKA Reg No:


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

This Works in Kind Agreement (the Deed) is made on

 

 

Between the Council of the Shire of Nambucca, Administration Centre, Princess Street, Nambucca in the State of New South Wales (“the Council”) of the first part.

 

And

 

(insert Developer)

 

Recitals

 

A.         In this Deed the following words and expressions have meanings assigned to them except where the context otherwise requires:-

 

Reference to the “Council” includes a reference to its servants, agents, employees and sub contractors.

 

“Act” means the Environmental Planning and Assessment Act 1979 and amendments

 

“Completion Date” means the date specified in Schedule D of this Agreement

 

“Contribution” means the amount set out in the Conditions of Development Consent, as indexed from time to time, the payment of which has been imposed by the Council under section 80A(i) and section 94 of the Act.

 

“Practical Completion Date” means the date on which the Council advises the Developer in writing that the Works have been completed to Councils satisfaction.

 

“Development Application” means the development application(s) under section 78A of the Act lodged by the Developer with the Council and described in Schedule A

 

“Development Consent” means the development consent(s) determined by the Council under the Act to the Development Application(s)

 

CPI” means the Consumer Price Index All Groups Sydney as published on a quarterly basis by the Australian Bureau of Statistics

 

“Plans” means approved engineering and/or other plans for the works described in Schedule C

 

“The Site” means the land described in Schedule B being the land upon which the works will be undertaken

 

“the Works” means the whole of the activity described in Schedule C to be executed by the Developer upon the Site in accordance with this Deed

 

“Total Value of Works” means the value of the Works to be undertaken under this Deed as set out in Schedule A

 

Words importing the singular include the plural and vice versa.

 

Words importing any gender include any other gender.

 

Schedules attached to this Deed form part of the Deed.

 

B.      (a)      The Council has received from the Developer the Development Application

 

(b)        The Council has resolved to grant the Development Consent to the Development Application subject to a number of conditions being met including conditions for payment of the Contribution.

 

C.         The Developer has offered under section 94 of the Act to provide the Works as a material public benefit in satisfaction of the conditions of Development Consent which require payment of a contribution and the Council has agreed to accept the carrying out of these works as a material public benefit in satisfaction of the conditions requiring payment of the Contribution upon and subject to the Developer complying with the terms, covenants and conditions contained in the Deed.


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

OPERATIVE PROVISIONS

 

1.   Developer to Carry out Works

 

(a)  The Developer must immediately after execution of these documents and without delay and at no cost to the Council commence, carry out and complete the Works on the Site in a good and workmanlike manner, and to the satisfaction of Council.

(b)  The Developer must commence work on the Site forthwith and must proceed with and complete the Works in accordance with this Deed and the Plan/s

(c)  The Developer must complete the Works on or before the Completion Date or within any extension of time granted, or agreed to by Council in writing.

(d)  The Developer must lodge a Bond or Guarantee to the amount equal to the Total Value of Works described in the Deed, prior to the Execution of this Deed. The provisions of Schedule E apply to any such Bond or Guarantee.

 

2.   Failure to Carry out Works

 

If the Developer fails to complete the Works by the Completion Date or within any extended time granted or agreed to by the Council in writing then:

 

(a)  The Council shall be entitled, without prejudice to any other rights whatsoever it may have, to delay release of any Plan, approval, consent authority or license to which the Developer may otherwise be entitled, pending completion of the Works.

(b)  The Council shall be entitled to call up the Bond or Guarantee lodged under Clause 1(d), to enable Council to complete and/or rectify the Works.

(c)  Should the amount of the Bond or Guarantee lodged under Clause 1(d) be insufficient to complete and/or rectify the Works, then the Council may claim the cost of completing the Works (as assessed in a fair and reasonable manner having regard for the status and condition of the Works thus far completed, by the Council and notified in writing to the Developer) as a debt in any court of competent jurisdiction. The cost is to be assessed as at the time of the completion and/or rectification works are carried out.

 

3.   Reduction and/or Variation to the Contribution

 

(a)  Upon the Practical Completion Date the Council will reduce the Contribution payable by the Developer pursuant to the Development Consent by the Total value of Works which has been indexed to the CPI Date which is applicable at the Date of Execution of this Deed as set out in Schedule A

(b)  If the Contribution, indexed to the Practical Completion Date in accordance with the CPI and IPD, is greater than the Total Value of Works then the balance of the Contribution, indexed in accordance with the CPI to the date of payment must be paid by the Developer.

(c)  Should the final plan(s) of survey indicate any change in the total developable area(s) or should any amendments to the Development Consent(s) result in changes in potential additional population the Council may by notice in writing amend the Section 94 Contribution in accordance with Schedule A. The Developer agrees to accept any amendment so made to the Contribution.

 

4.   Availability of Credit for Works

 

(a)  Should the Developer request in writing credit for works prior to Practical Completion Date, Council will consider the request subject to the works having been substantially commenced and being confident that the amount of bond or Guarantee required under Clause 1(d) will cover completion and / or rectification of Works.

 

5.   Warranty by Developer

 

The Developer warrants to the Council:

 

(a)  That it has negotiated and obtained from the owner of each parcel of land within the Site a right or licence to enter upon that land for the purposes of carrying out the works; and

(b)  That it has negotiated and obtained, or will before commencing the Works negotiate and obtain, from the owners of land adjoining the site their acceptance of and consent to the carrying out of the Works.

 

6.   Protection of Persons and Property

 

(a)  The developer must ensure that all barricades, guards, fencing, temporary roadways, footpaths, signs, lighting etcetera required by law by any public or other authority and/or is necessary for the protection of the Works or the Site during construction, and/or for the safety and convenience of workers, the general public and others, are erected and maintained until the end of the maintenance period and must remove same on completion of the Works.

(b)  The Developer must avoid obstruction or damage to roadways and footpaths, drains or watercourses and public utility and other services on or near to the Site which are visible, or the location of which can be ascertained by the Developer and must remove at its own cost any obstruction, and make good any damage caused.

 

7.   Indemnity and Insurance

 

(a)  The Developer agrees to indemnify Council against any claim demands and/or other actions, proceedings, damages or costs whatsoever arising out of the construction of the Works or any part thereof. The Developer hereby warrants that insurances in respect of property damage, public risk, public liability, death or injury to employees have been effected. Insurances must be for the amounts specified in Schedule F and, unless specified elsewhere in this Deed, must be effected with an insurer(s) approved in writing by Council, approval of which shall not be reasonably withheld.

(b)  Whenever requested in writing at any time and from time to time the Developer shall produce evidence to the satisfaction of the Council of the insurances effected and maintained for the purposes of this Deed. If, after being requested in writing by the Council so to do, the Developer fails to produce evidence of compliance with its insurance obligations hereunder or any of them the Council may effect and keep in force any such insurance and pay such premiums as may be necessary for that purpose and the amounts so paid shall be a debt due from the Developer to the Council which may be deducted or recovered by the Council as it deems appropriate.

 

8.         Care of Works

 

While the Works are being carried out on the Site the Developer is liable for the care of the Works and all material, construction plant and other things that are brought on to the site by or on behalf of the Developer for the purpose of carrying out the Works. The Developer must at its own cost make good to the satisfaction of the Council any loss of or damage to the Works or to the Site resulting from any cause whatsoever until the Practical Completion Date.

 

9.         Access to Site and Works

 

Prior to commencement of the Works the Developer must produce evidence satisfactory to the Council that any persons authorised in writing by the Council have access to the Works and the Site for any purpose including completion of the Works (in the event of default), and the examination and testing of any work or materials at any place where any such work is being or is to be carried out or materials are being prepared.

 


10.        Removal of Structures

 

The Developer is responsible for payment of any compensation which may become payable to the owner of any of the lands forming part of the Site resulting from the demolition removal or re-siting of any structure within the Site.

 

11.          Variation of Works

 

The Works cannot be varied by the Developer without a written direction from Council which may only be given in the following cases:

 

(a)        Council may direct the Developer to vary the form, quality or quantity of the Works as detailed in the Plans in one or more of the following ways:

 

(i)         Increase, or decrease or omit any part of the Works;

 

(ii)         Change the character or quality of any material or work;

 

(iii)        Change levels, lines, positions or dimensions of any part of the Works;

 

The cost of any variations directed under this sub-clause (a) are to be borne by the Developer.

 

(b)        Council may direct the Developer to undertake works that are in addition to the Works as detailed in the Plans.  Such direction shall be given by Council to the Developer in writing.

 

The cost of any variations directed under this sub-clause (b) are to be borne by Council.

 

No variation under either clause (a) or (b) above will invalidate this Deed.

12.        Supervision

 

(a)        The Works must be executed in accordance with this Deed and in accordance with any directions of the Council given hereunder. Any direction which may be or is given to the Developer by the Council may be given either orally or in writing.  When any such direction is in the first instance given orally the Council shall as soon as practicable after it is so given confirm it in writing addressed to and issued or given to or served upon the Developer.  For the purposes of this clause, directions may be given by or on behalf of the Council by the Council’s Director of Engineering and Operations or their appointed delegate(s).

 

(b)        The Developer must appoint a project manager to supervise the Works, such project manager to be approved in writing by the Council prior to his or her appointment (the “Project Manager”). The Project Manager must submit to the Council regular reports on the progress of the Works, such reports to be submitted to Council.

 

13.          Special Conditions

As per Schedule G

 

14.        Defects Liability and Maintenance Period

 

The Developer must upon the Council’s written direction correct all defects, or other faults which may appear within a period of six months from the Practical Completion Date arising out of defective or improper materials or workmanship at its own cost and within such reasonable time as is specified by the Council’s direction. In the event of default by the Developer under this clause the Council may recover from the Developer the costs associated therewith as a debt due and payable to the Council.

 

The Developer is to lodge with Council before the Practical Completion Date a maintenance bond which will be held as surety and the Council is not obliged to certify practical completion until that bond is received.  The bond is to be 5% of the agreed value of the Works and will be held for a period of six months from the Practical Completion Date.

 

Alternatively if the Developer so wishes the bond or guarantee lodged under Clause 1(d) can be held for the duration of the maintenance period.

 

15.        Application Bonds

 

            If:

 

            (a)   the Developer fails to comply with its obligations under clause 1; or

 

            (b)   the Developer fails to comply with its obligations under clause 14

 

the Council may call in the relevant bond or guarantee and use it to carry out or complete the Works or carry out the maintenance work, as the case may be, and for this purpose the Council may enter upon the Site.

 

16.        Certificate Conclusive

 

(a)        A certificate signed by the General Manager or his deputy and given to the Developer as to the cost to the Council of carrying out or completing the Works, or of carrying out maintenance work, will be conclusive.

 

(b)        The cost to the Council will include, but not be limited to:

 

(i)         All fees and charges necessarily or reasonably incurred by the Council in order to have relevant work carried out and completed properly and expeditiously.

 

(ii)         Without limiting the generality of the preceding paragraph, all legal costs and expenses reasonably incurred by the Council by reason of the Developer’s fault, or of the calling in or expenditure of money under the bonds or under this Deed or generally in the carrying out of the Council’s powers and duties under this Deed.

 

17.          Service of Documents

 

Service of any documents or notices hereunder shall be deemed to have been served if sent by prepaid post or left at the address of the party shown in the introduction to this Deed.  Any documents sent by prepaid post shall be deemed to have been issued or given to or served upon the party at the time at which it would normally arrive in the ordinary course of post at the address to which it is directed.

 

18.        Assignment

 

The rights conferred hereunder shall not be assigned or transferred to any other party except with the written consent first obtained from the Council.

 

19.        Documents

 

The Developer covenants and agrees with Council that it will if so required by Council execute and/or procure the execution of all or any document and do all such other acts, matter and things as may be necessary and proper in order that the provisions of these presents and the creation of any easement or any restriction as to use in conjunction therewith may be carried into effect.

 

20.        Costs

 

Each party shall pay their own costs of and incidental to this Deed except the Legal Fees of both the Developer and Council which must be paid by the Developer.

 

In addition to any other amount payable under this Deed, the (Developer) will pay the amount of any tax in the form of a goods and services tax levied in respect of:

 

(a)        the carrying out of the Works under this Deed; or

(b)        the provision by the (Developer) of any security pursuant to this Deed; or

(c)        any calling up enforcement cancellation or refund or such security.

 


SIGNED AS A DEED

 

SIGNED in my presence by Nambucca Shire Council by its

Attorney __________________who is personally known to me.

 

 

 

 

­­­­­­­­­­­­_________________________________________________

Signature of Witness

 

 

 

 

_________________________________________________

Name of Witness (BLOCK LETTERS)

 

 

 

 

_________________________________________________

Address and Occupation of Witness

 

 

 

 

                                                                               _____________________________________

Nambucca Shire Council by

Its attorney [INSERT NAME]

Pursuant to power of attorney

Registered Book [INSERT REG #].

 

 

THE COMMON SEAL of                     

 

LIMITED was affixed to this deed in                )

Accordance with its Articles of             )

Association and in the presence of                 )

 

 

 

 

…………………………………………………                        …………………………………

                          Signature                                                                          Date

  

 

 

 

…………………………………………………                        …………………………………

            Witnessed By                                                                       Date


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

SCHEDULE A

 

DEVELOPMENT APPLICATION DETAILS

 

 

File / Determination No:             _________________________________________

 

Proposed Development:             _________________________________________

 

 

Description of land to which

Development application relates:

 

 

The following amounts have been adjusted to the CPI Date applicable at Execution of this Deed.

 

Applicable CPI Date:

 

 

Section 94 Contributions Payable:

 

(list applicable contribution plans)

 

 

 

Total Value of Works:

 

 

Balance of Section 94 Contributions Payable:

The Balance of any Contributions owing by the Developer will be subject to CPI adjustment from the Applicable CPI Date above until the date of their Payment.

 

 

 

 


SCHEDULE A (Cont’d)

 

FORMULAE FOR CALCULATION OF VARIATION IN CONTRIBUTIONS

 

 

1.         Contributions based on Lots

            Base Contribution Due ($)                 =        Contribution Rate    x        Lots

 

 

 

 

 

 

2.         Contributions based on Population

            Base Contribution Due ($)                 =        Contribution Rate ($/Person)                x        P

 

 

Where P = Number of Estimated Eventual Persons in the Catchment Area

for the relevant Contributions

 

 


SCHEDULE B

 

SITE DESCRIPTION

 

 

 

 

 

 

 

 

 

Location Plan

 

Insert Location Map Here

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE C

 

DESCRIPTION OF ACTIVITY

 

 

 


SCHEDULE D

 

COMPLETION DATE

 

 

The last day for completion of the Works described in Schedule C is ………months from the date of execution of this deed.

 

 

 

 

 

 


SCHEDULE E

 

PROVISIONS APPLICABLE TO BOND OR GUARANTEE - CLAUSE 1(d)

 

1.         The bond or guarantee must be expressed to be for the performance by the developer of its obligations under this Deed, and must be in a form reasonably acceptable to the Council. 

 

2.       The bond or guarantee must be given by:-

 

2.1   A bank within the meaning of the Banking Act 1959 (Cwth), or a bank constituted by a law of the state of the Commonwealth; or

 

2.2   A financial institution having a credit rating of not less than A given by Standard and Poor’s or of not less than A2 given by Moody’s.

 

3.         The developer must ensure that the financial institution giving a bond or guarantee maintains a credit rating complying with paragraph 2.2 at all times whilst the bond or guarantee remains in force.

 

4.         If the financial institution which has given a bond or guarantee ceases to have a credit rating complying with paragraph 2.2 at any time whilst the bond or guarantee is in force then:-

 

            4.1   The developer must notify the Council forthwith of that fact;

 

4.2   Whether or not such notification has been given, the developer must within 14 days of being required to do so by the Council lodge with the Council a substitute bond or guarantee complying with the provisions of this clause.

 

5.         If the developer fails to comply with a notice given under paragraph 4.2 within the time specified, the developer will be in default under this Deed and the Council will be entitled to call up the bond or guarantee held by it.

 

6.         Upon compliance by the developer with a notice under paragraph 4.2, the Council will return the earlier bond or guarantee held by it to the developer.

 

7.         The bond or guarantee, or so much of it as has not been applied in accordance with clause 14 of this Deed, will be returned by the Council to the developer at the later of:-

 

            7.1   The practical completion date; and

           

7.2   The expiration of 6 months from the practical completion date if the bond or guarantee is left with the Council in place of a maintenance bond in accordance with Clause 14 of this Deed.


SCHEDULE F

 

INSURANCES

 

 

Public Liability               :         $10,000,000 including Principals Liability.

 

Workers Compensation  :         As required by Workers Compensation Act, 1987.

 

 


SCHEDULE G

 

SPECIAL CONDITIONS

 

 

1.         All work to be constructed in accordance with Nambucca Shire Council’s Works

Specification

 

2.         All work to be inspected by Council’s Engineering Supervisor

 

 

                                                                            or

 

 

                                                                   delegated officer

 

 

 

 

3.         The Works are to be constructed in accordance with plans prepared by:

 

 

 

4.         A full Works-as-Executed Plan is to be submitted to Council showing the finished levels of all works prior to the finalisation of this Deed.

 

 

 

5.         The Developer in executing this Deed acknowledges that the Section 94 Contributions credits will not be available until Council has provided written confirmation that Practical Completion of the Works has been achieved.

 

 

 

 


SCHEDULE H

 

SCOPE OF WORKS

 

 

This schedule will only be used on larger projects where a more detailed description of the works is required.

 

If the schedule is used then it will be referred to in Schedule C.

 

 


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

Appendix 2

 

 

Example Developer Agreement

 


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

ATTACHMENT A

 

PLANNING AGREEMENT

 

 

Parties

 

 

SHIRE of NAMBUCCA, NEW SOUTH WALES (COUNCIL)

 

and

 

### of ### (DEVELOPER)

 

 

Background

 

A.     On, ####, the Developer made a Development Application to NAMBUCCA SHIRE COUNCIL for Development Consent to carry out the Development on the Land

 

B.   That Development application was accompanied by an Offer by the Developer to enter into this Agreement to make Development Contributions towards the Public Infrastructure if that Development consent was granted.

 

Operative Provisions

 

Planning agreement under the Act

 

The parties agree that this Agreement is a planning agreement governed by Subdivision 2 of division 6 of Part 4 of the Act.

 

Application of this Agreement

 

This Agreement applies to the Land

 

Operation of this Agreement

 

Need to specify:

§ Date or trigger whereby the Agreement takes effect

§ Date or trigger whereby the Parties must execute the Agreement

 

Definitions and interpretation

 

In this Agreement the following definitions apply:

 

Act means the Environmental Planning and Assessment Act 1979 (NSW)

 

Dealing, in relation to the land, means, without limitation, selling, transferring, assigning, mortgaging, charging, encumbering or otherwise dealing with the Land

 

Development means ####

 

Development Application retains the same meaning as in the Act

 

Development Consent retains the same meaning as in the Act

 

GST has the same meaning as in the GST Law

 

GST Law has the meaning given to that term in A New Tax System ( Goods and Services Tax) Act 1999 (Cwth) and any other Act or Regulation relating to the imposition or administration of the GST

 

Land means Lot ## DP##, known as ##

 

Party means party to this agreement, including their successors and assigns

 

Public Infrastructure means ##

 

Regulation means the Environmental Planning and Assessment Regulation 2000

 

In the interpretation of this Agreement, the following provisions will apply, unless the context otherwise requires:

 

a)    Headings are inserted for convenience only and do not affect the interpretation of this Agreement

 

b)    A reference in this Agreement to a business day means a day other than a Saturday or Sunday on which banks are open for business generally in Sydney

 

c)     If the day on which any act, matter or thing is to be done under this Agreement is not a business day, the act, matter or thing must be done on the next business day

 

d)    A reference in this Agreement to dollars or $ means Australian dollars and all amounts payable under this Agreement are payable in Australian dollars

 

e)    A reference in this Agreement to any law, legislation or legislative provision includes ant statutory modification, amendment or re-enactment, and any subordinate legislation or regulations is issued under that legislation or legislative provision

 

f)      A reference in this Agreement to any agreement, deed or document is to that agreement, deed or document as amended, novated, supplemented or replaced.

 

g)    A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this Agreement.

 

h)    An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency

 

i)      Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.

 

j)      A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders

 

k)     References to the word ‘include’ or ‘including’ are to be construed without limitation

 

l)      A reference to this Agreement includes the agreement recorded in this Agreement

 

m)   A reference to a party to this Agreement includes a reference to the servants, agents and contractors of the party

 

n)    Any schedules and attachments form part of this Agreement

 

Development contributions made under this Agreement

 

This section must detail the exact nature of the contributions to be made under this Agreement; when they are to be made; and the manner in which they are to be made

 

Application of the development contributions

 

This section is to detail the times at which; the manner in which; and the public purposes for which, development contributions are to be applied

 

Application of s94 and s94A of the Act to the Development

 

7.1 Contributions under S94A are not applicable

 

7.2 Will s94 contributions apply to this development, and to what extent?

 

 

Registration of this Agreement

 

The Parties shall do all things reasonably necessary to enable Council to obtain registration of this Agreement under s.93H of the Act at the Land and Property Information Division of the Department of Lands (NSW), such that on registration of this Agreement, the Registrar General will have made an entry in the relevant Folio(s) of the Register kept under the Real Property Act 1900 in relation to the Land.

 

 

Review of this Agreement

 

The Parties agree that from time to time it may become necessary to review this Agreement, however any amendment to this Agreement shall only be effective if in writing and signed by all Parties and duly Registered under s.93H of the Act.

 

Dispute Resolution

 

10.1                If a dispute arises out of or relates to this Agreement, including any dispute as to breach or termination of this Agreement or as to any claim in tort, in equity or under any legislation, a Party cannot commence any Court proceedings relating to the dispute unless that Party has complied with the following clauses except where that party seeks urgent interlocutory relief.

 

10.2                A Party claiming that a dispute has arisen must serve a notice specifying the nature of the dispute.

 

10.3                On receipt of that notice by that other Party, the Parties must endeavour, in good faith to, resolve the dispute using dispute resolution techniques

 

10.4                If the Parties do not reach agreement within seven (7) business days of service of the notice, or any other period agreed to  in writing by them as to:

§ The dispute resolution technique and procedures to be adopted

§ The timetable for all steps in those procedures; and

§ The selection and compensation of the independent person required for that technique,

Then the Parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales and must request the President of the Law Society of New South Wales or the President’s nominee to select the mediator and determine the mediators renumeration.

 

 

Enforcement of this Agreement

 

How will this Agreement be enforced?

 

 

 

Notices

 

12.1                Any notice, consent, information, application or request that must or may be given or made to a Party under this Agreement is only given or made if it is in writing and sent in one of the following ways:

                        

§ Delivered or posted to that party at its address set out below

§ Faxed to that Party at its fax number set out below

§ Emailed to that party at its email address set out below

 

Council

 

Attention:                   ####

 

Address:                    44 Princess Street

                                    Macksville. 2447

 

Fax Number:                         02 6568 2201

 

E mail:                       ####

 

Developer

 

Attention:                   ####

 

Address:                    ####

 

Fax Number:                         ####

 

E mail:                       ####

 

12.2                If a Party gives the other party three (3) business days notice of a change to its address or fax number, any notice, consent, information, application or request is only given or made by that other Party if it is delivered, posted or faxed to the latest address or fax number.

 

12.3                Any notice, consent, information, application or request is to be treated as given or made at the following time:

 

§ If it is delivered, when it is left at the relevant address

§ If it is sent by post, two (2) business days after it was posted

§ If it is sent by fax, as soon as the sender receives from the sender’s fax machine a report of an error free transmission to the correct fax number.

 

12.4                If any notice, consent, information, application or request is delivered, or an error free transmission report in relation to it is received, on a day that is not a business day, after 5pm on that day in the place of the Party to whom it is sent, it is to be treated as having been given or made at the beginning of the next business day.

 

 

13Approvals and consent

 

Except as otherwise set out in this Agreement, and subject to any statutory obligations, a Party may give or withhold an approval or consent to be given under this Agreement in that Party’s absolute discretion and subject to any conditions determined by the Party. A party is not obliged to give its reasons for giving or withholding consent or for giving consent subject to conditions.


 

14Assignment and Dealing

 

14.1                Until the Developer has delivered its contribution in accordance with this Agreement, the Developer cannot execute any Dealing without the prior consent of Council

 

14.2                The Council may not refuse consent to any Dealing unless the Dealing is likely to, in the opinion of the General Manager of the Council, prevent, hinder or otherwise present a risk to the timely payment of the contribution

 

Costs

 

15.1                The Developer will pay all Stamp Duty imposed on this Agreement and the costs of Registering this Agreement.

 

15.2                In all other respects, each Party must bear its own costs

 

 

Entire Agreement

 

This Agreement contains everything to which the Parties have agreed in relation to the matters it deals with. No Party can rely on an earlier document or anything said or done by another Party, or by a director, officer, employee or agent of that Party, before this Agreement was executed, except as permitted by law

 

Further Acts

 

Each Party must promptly execute all documents and do all things that another Party from time to time reasonably requests to affect, perfect or complete this Agreement and all transactions incidental to it

 

Governing law and jurisdiction

 

This Agreement is governed by the law of New South Wales. The Parties submit to the non exclusive jurisdiction of its courts and courts of appeal from them. The Parties will not object to the exercise of jurisdiction by those courts on any basis

 

Joint and individual liability and benefits

 

Except as otherwise set out in this Agreement, any agreement, covenant, representation or warranty under this Agreement by two (2) or more persons binds them jointly and each of them individually, and any benefit in favour of two (2) or more persons is for the benefit of them jointly and each of them individually.

 

No fetter

 

Nothing in this Agreement shall be construed as requiring Council to do anything that would cause it to be in breach of any of its obligations at law, and without limitation, nothing shall be construed as limiting or fettering in any way the exercise of any statutory discretion or duty.

 

Representations and warranties

 

The Parties represent and warrant that they have power to enter into this Agreement and comply with their obligations under the Agreement and that entry into this Agreement will not result in the beach of any law.

 

Severability

 

If a clause or part of a clause of this Agreement can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part of clause is to be treated as removed from this Agreement, but the rest of this Agreement is unaffected.

 

 

Modification

 

No modification of this Agreement will be of any force or effect unless it is in writing and signed by the Parties to this Agreement.

 

Waiver

 

The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by another Party. A waiver by a Party is only effective if it is in writing. A written waiver by a Party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

 

GST

 

If any Party reasonably decides that it is liable to pay GST on a supply made to the other Party under this Agreement and the supply was not priced to include GST, then the recipient of the supply must pay an additional amount to the GST on that supply.

 

Execution

 

Dated: ####

 

Executed as an Agreement: ####

 


SIGNED AS AN AGREEMENT

 

THE COMMON SEAL OF COUNCIL OF )

 NAMBUCCA SHIRE is hereunto affixed )

pursuant to resolution made on

 

 

 

……………………………………………….                ……………………………………….

GENERAL MANAGER                                                 MAYOR

 

 

 

 

 

 

Executed by #### (The Developer)

Under Section 127(1) of the Corporations Act 2001

by being signed by:

 

 

……………………………………………….                ………………………………………

DIRECTOR                                                       SECRETARY

 

 

 

……………………………………………….                ………………………………………

NAME                                                                 NAME

 


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

ATTACHMENT B

 

 

Environmental Planning and Assessment Regulation 2000

 

 

Clause 25E

 

Explanatory Note

 

Draft Planning Agreement

 

Under s.93F of the Environmental Planning and Assessment Act 1979

 

1.   Parties

 

Nambucca Shire Council, (the Planning Authority)

 

##### (the Developer)

 

 

 

 

 

 

2.   Description of Subject Land

 

####

 

 

 

 

 

 

 

3.   Description of Development Application

 

####

 

 

 

 

 

 

 

 

4.   Summary of Objectives, Nature and Effect of the Draft Planning Agreement

 

####

 

 

 

 

 

 

 

5.   Assessment of the Merits of the Draft Planning Agreement

 

The Planning Purposes served by the Draft Planning Agreement

 

#####

 

 

 

 

How the Draft Planning Agreement Promotes the Objectives of the Environmental Planning and Assessment Act 1979

 

####

 

 

 

 

How the Draft Planning Agreement Promotes the Public Interest

 

####

 

 

 

 

 

How the Draft Planning Agreement Promotes the Elements of Councils Charter

 

#####

 

 

 

 

 

How the Draft Planning Agreement conforms with Council’s Capital Works Program

 

####

 

 

 

 

 

Impact of the Draft Planning Agreement on the Public, or any section of the Public

 

####

 

 

 

 

 

6.  
Other Matters

 

####

 

 

 

SIGNED

 

THE COMMON SEAL OF COUNCIL OF )

 NAMBUCCA SHIRE is hereunto affixed )

pursuant to resolution made on

 

 

 

……………………………………………….                ……………………………………….

GENERAL MANAGER                                                 MAYOR

 

 

………………………………………………

DATE

 

 

Executed by #### (The Developer)

Under Section 127(1) of the Corporations Act 2001

by being signed by:

 

 

……………………………………………….                ………………………………………

DIRECTOR                                                       SECRETARY

 

 

 

……………………………………………….                ………………………………………

NAME                                                                 NAME

 

 

………………………………………….

DATE


Special Meeting of General Purpose Committee - 31 October 2008

Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

Attachment 2

26700/2008 - Draft Section 94 Community Facilities and Recreation Contribution plan as at 23 October 2008

 

ATTACHMENT C

 

CONDITION OF DEVELOPMENT CONSENT

 

 

Pursuant to section 80A(1) of the Environmental Planning and Assessment Act 1979, the planning agreement that relates to the development application the subject of this consent must be entered into before #######