February 29, 2020
Sections > 1 Preamble

1.1 Shoalhaven Contributions Plan 2010

This Plan sets out:

  • community infrastructure requirements within the Shoalhaven Local Government Area (LGA) to meet anticipated development demand.
  • the relationship or nexus between development and the community infrastructure required to meet that development.
  • the formulas used to determine the contribution project rates.
  • the monetary contribution rates for contribution projects applying to different types of development.
  • background supporting information.

This Plan supersedes the Shoalhaven Contributions Plan 1993, and continues the philosophy of levying development for community infrastructure that reasonably relates to a development site. The Plan also details the community infrastructure to be levied for different forms of development.  Whilst this Plan levies most contributions rates based on an Equivalent Tenement (ET) rate, these rates are not calculated on the same ET rate used by Shoalhaven Water for Section 64 charges.

  

1.2 Shoalhaven Local Government Area

The Shoalhaven Local Government Area (LGA) is located on the NSW South Coast, approximately 2 hours from Sydney and 2.5 hours from Canberra. It covers an area of 4,660 km2 and incorporates 49 towns and villages, as well as significant coast and rural-residential areas. The main population centre is located in Nowra/North Nowra/Bomaderry.
 
For planning purposes, the towns and villages of the Shoalhaven are located within five discrete planning areas. The five planning areas have been established by Shoalhaven City Council to provide a spatial basis for strategic planning considerations as well as for the delivery of services. Areas 1, 3 and 5 are based on the major urban areas of Nowra / Bomaderry, Vincentia / Sanctuary Point and Milton / Ulladulla respectively. Areas 2 and 4 are secondary urban areas which include villages such as Culburra Beach / Callala and Sussex Inlet.  A map of Council’s five planning areas and summary of towns and villages located in each planning area is provided in Section 2.5 of this plan.
 
The definition of planning areas informs the ‘hierarchy’ of community infrastructure addressed by this Plan (that is, the identification of key and additional community infrastructure – refer Section 3.3 and Section 3.4 of this Plan).
 
  

1.3 Legal basis for contributions

The Environmental Planning and Assessment Act 1979 (EP&A Act) enables Shoalhaven City Council (Council) to levy contributions on development for the provision of community infrastructure, which is required as a consequence of that development. 

Contribution requirements may be satisfied by a monetary contribution, dedication of land to Council, the provision of a material public benefit or works-in-kind, or a combination of the above.
 
The EP&A Act allows Council to seek the following types of contributions from development:
  • toward the provision, extension or augmentation of community infrastructure where development is likely to require the provision of or increase the demand for community infrastructure; and
  • toward the recoupment of the cost of providing existing community infrastructure within the area if it is satisfied that:
    • the development concerned will, if carried out, benefit from the provision of the existing public infrastructure, and
    • the existing public infrastructure was provided within the area by a consent authority in preparation for or to facilitate the carrying out of development in the area.
Contributions can only be required if a contributions plan (such as this Plan) is in place at the time a development application is determined.  In all cases, the contribution imposed must be in accordance with the provisions of the relevant contributions plan or plans.
 
This Plan has been prepared in accordance with the relevant provisions of the EP&A Act and Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) and the most recent development contributions practice notes issued by the Director General of Planning that were in place at the time this Plan was prepared.
 
  

1.4 Initial estimate of development contributions

A preliminary estimate of contributions required under this Plan in relation to a specific land parcel and development proposal can be calculated using the Contributions Calculator. Estimates are then checked and finalised by Council staff or accredited certifier upon lodgement of a development application or complying development certificate.
 
When undertaking an inquiry, the property details and the scale of the proposed development will be needed. In terms of residential development, this may require entering the number of bedrooms per dwelling / unit, and for commercial / industrial development this may require entering the total area of the site to be developed. Once this information is entered into the inquiry system, a list of the contribution projects and the contribution rate for each project will provide an estimate of contributions payable to Council based on the above assumptions.
 
Estimates of development contributions using the Council’s website are therefore indicative and Council does not take responsibility for any assumptions based on this inquiry information.
 
  

1.5 Infrastructure provided by development contributions

This Plan will enable Council to require contributions from development towards a range of community infrastructure.  A summary list of contribution projects is shown in Section 3.17 of this Plan.
 
  

1.6 Infrastructure funding / delivery framework

There are a limited range of mechanisms available to Council to fund and deliver community infrastructure. One of the mechanisms available to provide community infrastructure demanded or generated by new development is development contributions. Other funding mechanisms available to Council include:
  • General Revenue (i.e. Rate income)
  • Special Rate Levy
  • Grant funding
All contribution projects in this Plan are to be part or fully funded pursuant to the development contributions provisions of the EP&A Act and the provisions of this Plan. At the time this Plan was made, there were no grants or other external funding sources available for or applied to the contribution projects estimates detailed in this Plan unless otherwise specified.  The result of Council accepting a grant for a contribution project will reduce both the overall project estimate and the overall project rate apportioned to development.  Should such funding become available in the future, the project estimate will be reviewed and the contribution project rates will be adjusted accordingly.
 
 
  

 

MINIMISE

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