March 26, 2017
Sections > 2 Scope
This Plan is called Shoalhaven Contributions Plan 2010.
The primary purpose of the Plan is to authorise:
  • Council, when granting consent to an application to carry out development to which this Plan applies; or
  • an accredited certifier, when issuing a complying development certificate for development to which this Plan applies.
To require a development contribution to be made towards:
  • the provision, extension or augmentation of community infrastructure; and
  • the recoupment of the cost of providing, extending or augmenting community infrastructure within the area to which this Plan applies.
Other purposes of the Plan are to:
  • provide an administrative framework under which community infrastructure contributions may be implemented and coordinated;
  • ensure that adequate community infrastructure is provided for as part of any new development;
  • provide a comprehensive plan for the assessment, collection, expenditure, accounting and review of development contributions on an equitable basis;
  • ensure that the existing community is not burdened by the provision of community infrastructure required as a result of future development; and
  • enable Council to be both publicly and financially accountable in its assessment and management of this Plan.

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This Plan came into effect on the date that public notice of the Plan’s approval by Council was given pursuant to the EP&A Regulation.

 

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This Plan shall operate until:

  • all of the contributions required for contribution projects included in the Plan have been collected from relevant development approvals; or
  • the time the Plan is repealed by the Council,

whichever is the sooner. 

The strategy for reviewing this Plan is detailed in Section 4.12 of this Plan.

 

 

This Plan applies to all of the land in the City of Shoalhaven LGA.  A map of the land and five planning areas are shown in Figure 2.5.1.  A list of the towns and villages which are located in the various planning areas is shown in Table 2.5.1.

Contributions payable to the Council under this plan are determined having regard to whether the development concerned is within a specific contribution project catchment identified in this plan. These contributions project catchments vary for each project and relate to planning areas shown in Figure 2.5.1 as well as smaller catchment areas.

The boundaries of these contributions project catchments are intended to align with the boundaries of land use zones under the Council's local environmental plan. However, the Council changes the boundaries of its land use zones from time to time through amendments to the local environmental plan. Where this occurs, this plan will apply as if the boundary of a contributions project catchment specified in this plan has been changed to align with the changed boundary of the land use zone.


 Figure 2.5.1:  Map of the City of Shoalhaven LGA showing its five planning areas 

  

Planning
Area 1
Planning
Area 2
Planning
Area 3
Planning
Area 4
Planning
Area 5
 
Berry
Bomaderry
Cambewarra
Greenwell Point
Kangaroo Valley
Nowra
Shoalhaven Heads
Terara
 
Callala Bay
Callala Beach
Culburra Beach
Currarong
Myola
Orient Point
 
Basin View
Bewong
Erowal Bay
Huskisson
Hyams Beach
Old Erowal Bay
Sanctuary Point
St Georges Basin
Tomerong
Vincentia
Wandandian
Woollamia
Wrights Beach
 
Berrara
Cudmirrah
Sussex Inlet
Swan Haven
 
Bawley Point
Bendalong
Burrill Lake
Conjola Park
Cunjurong
Depot Beach
Dolphin Point
Durras North
Fishermans Paradise
Kings Point
Kioloa
Lake Conjola
Lake Tabourie
Manyana
Mollymook
Milton
Narrawallee
Ulladulla

 Table 2.5.1:  Summary of Shoalhaven town and villages per planning area

In addition to the above information, a summary of the Shoalhaven's current population and population projections is shown in Section 3.1 of this Plan.

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Council or an accredited certifier will require contributions under this Plan for any type of development that is deemed to increase the demand for the items of community infrastructure included in this Plan. 
 
Schedule 5 shows the categories of development that may be levied a contribution under this Plan.
 
This Plan authorises the imposition of contributions on development at the subdivision or consolidation of land stage where subsequent development demands the provision of community infrastructure.
 
 The total development contribution imposed will depend on:
  • whether the development type generates a need for community infrastructure items (refer to Schedule 5);
  • size of the development (i.e. how many Equivalent Tenement (ETs) is generated) (refer to Section 3.11);
  • the location of the development site and whether the site is included in a contribution project catchment (refer Schedule 1 and Schedule 2);
  • the monetary contribution rate pertaining to contribution projects that relates to the development and the development site (refer Schedule 4).
 As discussed in Section 1.5 of this plan, the sum of all contribution project rates relevant to a development type and development site can be calculated on the Contributions Calculator.
 
Residential development
In most circumstances, only newly created residential lots or increase in intensity / change of residential land use will be levied a contribution. Therefore, in most circumstances these contributions have been paid at subdivision, with the exception of the following;
 
Old subdivision properties (listed in Schedule 3 of this Plan) where the subdivision has been approved prior to 1993 and subsequent rezoning has occurred to permit development of the land.  This includes land with a Village zoning and contributions have not been levied for these properties at subdivision. 
 
Due to these properties having paid rates over many years which amounts to far more than a “one-off” contribution project payment for community and recreation facilities, these “old subdivision properties” only pay contributions at the development application stage for plan management, road, fire and drainage projects which is a consequence of rezoning. 
 
Dual occupancy in old subdivision areas (where a second dwelling is proposed) or further subdivision is considered “new” development which will generate demand for additional community infrastructure. As a result development contributions will apply. 
 
Nebraska Estate, St. Georges Basin (listed in Schedule 3 of this Plan) is where rezoning of land has occurred after subdivision. Subsequently, Council and the subdivision landowners entered into a Deed of Agreement that requires all current development contributions to be paid at the time of development approval for a residential dwelling. 
 
DCP 41 Area, Callala Bay (listed in Schedule 3 of this Plan) is where zoning of land to allow residential development occurred after subdivision.  Subsequently, Development Control Plan 41 - Callala Bay requires development contributions to be paid for all projects at the time of development approval for a residential dwelling.
 
Corks Lane (contribution project 05ROAD2058) where the need for road improvement has arisen after subdivision has occurred, contributions for a defined usage catchment area have been applied and are noted on the relevant s149 certificates.
 
Commercial & industrial development
When commercial or industrial subdivision is proposed, contributions will be levied at a rate of 1ET per lot created. Additional contributions may be levied upon finalisation of a development application for a specific use of a lot (i.e. building, warehouse, storage facility, etc) which is greater development than the original 1ET credited to the lot. These contributions are levied as per the rate detailed in Section 3.11 of this Plan. 
 
Mixed development 
In circumstances when a mixed subdivision is proposed (i.e. combination of residential and commercial, etc) contributions will be levied at a rate of 1ET per lot created to reflect the zoning and proposed use of a lot.  Additional contributions may be required upon finalisation of a development application for a specific use of a lot (i.e. building, etc) which is greater than the original 1ET credited to the lot. These contributions are levied as per the rate detailed in Section 3.11 of this Plan.  This may require separate contributions levied for each specific development type (i.e. separate contribution projects and rates for commercial & residential components). 
 

This Plan shall not apply to development provided by or on behalf of State Government or the Council;

  • for the purposes of community infrastructure included in this Plan or another contributions plan prepared under the EP&A Act;
  • for infrastructure provided by water, sewer or energy providers;
  • for Council projects that provide non profit community facilities, such as sportsgrounds, parks, community centres, emergency services; or
  • that in the opinion of Council does not increase the demand for the categories of community infrastructure addressed by this Plan.

The following Ministerial Directions details further exemptions that apply to this Plan:

  • The Ministerial Direction of 14 September 2007 which exempts public amenities or public services in relation to social housing providers defined in the State Environmental Planning Policy (Seniors Living) 2004.
In accordance with this SEPP, a social housing provider means any of the following:
    
a)     The New South Wales Land and Housing Corporation,
b)     The Department of Housing,
c)     A community housing organisation registered with the Office of Community  Housing of the Department of Housing,
d)    The Aboriginal Housing Office,
e)    A registered Aboriginal housing organisation within the meaning of the Aboriginal Housing Act 1998,
f)      The Department of Ageing, Disability and Home Care,
g)    A local government authority that provides affordable housing,
h)     A not-for-profit organisation that is a direct provider of rental housing to tenants.
  • The Ministerial Direction of 9 September 2009 which exempts public amenities or public services in relation to school development Building the Education Revolution Building Projects  

Development in accordance with the Affordable Housing SEPP is charged on a per bedroom rate as per the rate for a dual occupancy development.

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This Plan repeals the Shoalhaven Contributions Plan 1993 (as amended).  Contributions collected but not yet expended, or contributions yet to be collected from current development consents issued under that Plan will be directed toward completing projects included in that Plan. Nothing in this Plan affects the operation and application of any other contributions plans that apply to land in the Shoalhaven LGA.  This means that any condition of consent imposed in accordance with a contributions plan is not affected by the subsequent repeal of that plan.
 
This Plan supplements the provisions of and should be read in conjunction with the: 

The way in which development defined in the Shoalhaven City Council Local Environmental Plan is affected by this Plan is discussed in Schedule 5 of this plan.

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A development application which has been submitted prior to this Plan becoming effective but not yet determined shall be determined in accordance with the provisions of the Plan which applied at the date of determination of the application.
 
 

 

MINIMISE

Plan Effective 23 March 2011 – As Amended (September 2014)