August 24, 2017
Sections > 5 Definitions
In this Plan, the following words and phrases have the following meanings:
  
Applicant means a person(s) or organisation(s) submitting a development application, or a person(s) or organisation(s) entitled to act upon a development consent.
 
Apportionment means the process by which the assessed demand or cost is related specifically to the development from which contributions may be sought.  Apportionment seeks to ensure that new development only pays its share or portion of the cost of the facility or work for which it has created a demand.
 
Complying development certificate has the same meaning as stated in the EP&A Act.
 
Construction certificate has the same meaning as stated in the EP&A Act.
 
Contribution area means the area of land that demands provision of a contribution project.
 
Community infrastructure means public amenities and public services but does not include water and sewerage services.
 
Contribution has the same meaning as “direct contribution”.
 
Contributions plan means a contributions plan referred to in Section 116H of the EP&A Act.
 
Contribution project means a project for which contributions will be sought from development under this Plan.
 
Contribution rate means the contribution amount on a unit basis (for example, per ET, per m2) payable by developments affected by this Plan and shown in Schedule 4 of this Plan.
 
Council means Shoalhaven City Council.
 
DCP means a Development Control Plan prepared by a relevant planning authority under section 74C of the EP&A Act.
 
Development has the meaning under Section 4 of the EP&A Act which in relation to land means:
 
(a)  the use of land; and
(b)  the subdivision of land; and
(c)  the erection of a building; and
(d)  the carrying out of a work; and
(e)  the demolition of a building or work; and
(f)   any other act, matter or thing referred to in Section 26 that is controlled by
      an environmental planning instrument
 
Development consent means consent under Part 4 of the EP&A Act to carry out development and includes, unless expressly excluded, a complying development certificate.
  
Direct contribution means a contribution defined in section 116G(1) of the EP&A Act, which is:
 
(a)  a reasonable development contribution for the provision, extension
       or augmentation of community infrastructure within the area, and/or
(b)  a reasonable monetary contribution towards recoupment of the cost of
       providing existing community infrastructure within the area
 
EP&A Act means the Environmental Planning and Assessment Act 1979.
 
EP&A Regulation means the Environmental Planning and Assessment Regulation 2000.
 
Equivalent Tenement (ET) means a measure of development demand based on Council’s analysis of water supply and traffic generation for the various forms of development which is applied to most projects in this Plan.
 
Gross Floor Area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1400 millimetres above each floor level excluding:
  • columns, fin walls, sun control devices and any elements, projections or walls outside the general line of the outer face of the external wall.
  • lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air conditioning ducts.
  • car parking specifications which meet the requirements of this development control plan.
  • space for the loading and unloading of goods.

31A   Key community infrastructure and additional community infrastructure

(1)  The following community infrastructure is prescribed as key community infrastructure for the purposes of  Sections 116I and 116V of the Act:
 
(a)  local roads,
(b)  local bus facilities,
(c)  local parks,
(d)  local sporting, recreational and cultural facilities and local social facilities
       (being community and child care centres and volunteer rescue and
       volunteer emergency services facilities),
(e)  local car parking facilities,
(f)   drainage and stormwater management works,
(g)  land for any community infrastructure (except land for riparian corridors),
(h)  district infrastructure of the kind referred to in paragraphs (a)–(e) but only
      if there is a direct connection with the development to which a
      contribution relates.
 
(2)    Public infrastructure comprising land for riparian corridors cannot be approved under Section 116I or 116V of the Act as additional community infrastructure or additional public infrastructure.
 
(3)    In this clause facilities means buildings and works.
 
LGA means Local Government Area.
 
Material public benefit means something provided by an applicant, other than the dedication of land or the payment of a monetary contribution.
 
Nexus means the relationship between anticipated development and the demand for infrastructure generated by that development.
 
Plan means this contributions plan.
 
Planning agreement means a planning agreement referred to in Section 116T (1) of the EP&A Act.
  
Works-in-kind means a type of material public benefit offered by a developer, being the carrying out of a work or works identified in the works schedules which form part of this contributions plan.
 
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Plan Effective 23 March 2011 – As Amended (September 2014)