developers’ guide to section 94 contributions...developers’ guide to section 94 contributions...

DEVELOPERS’ GUIDE TO SECTION 94 CONTRIBUTIONS

Last updated on 9 February 2015

1. INTRODUCTION The purpose of this guide is to provide developers with an easy way of estimating the likely Section 94 (S94) Contributions that may be applicable without having to read through all the relevant S94 Plans. 2. WHAT ARE S94 DEVELOPMENT CONTRIBUTIONS? S94 development contributions are payable when the development adds to the need for new public infrastructure usually as a result of the increased population or traffic created by the development. Through S94 plans, major works can be funded by many small developments, each contributing its share. When the infrastructure also meets an existing need, an apportionment is payable by Council on behalf of the existing population. Great Lakes Council (GLC) has seven (7) S94 Plans and one (1) shared Port Stephens Council (PSC) S94 Plan (covering a small Northern part of Karuah located within the GLC area). 3. ESTIMATING S94 CONTRIBUTIONS

1. Determine which plans apply 2. Calculate the values of the parameters 3. Calculate the contributions from the schedule of rates

4. WHICH S94 PLANS APPLY? For any development the “Great Lakes Wide” plan always applies, plus the respective plan(s) from the specified districts / areas in the following table. Use the district maps on the following pages to identify the major relevant plans. The plans may be viewed or downloaded from www.greatlakes.nsw.gov.au. Look under the “Development” tab at the top of the Home page, then from the dropdown list choose “Development Contributions”, then choose the “Contributions Plan(s)” that you want to view and/or download from the list highlighted on the “Section 94 Development Contributions” web page. Table 4.1 S94 Plans Applicable in the Great Lakes Council's Area

Plan Title District Applicable

Great Lakes Wide (Oct 2014) All Districts

Forster District (Oct 2014) Forster District

Coomba Road & Shallow Bay Road (Oct 2014) Forster District

Tea Gardens District (Oct 2014) Tea Gardens District

Open Space Rural Districts (Oct 2014) Areas not in Forster & Tea Gardens Districts

Rural Roads Bulahdelah & Stroud (Oct2014) Bulahdelah & Stroud Districts

The Branch Lane (Oct 2014) Stroud District

PSC - GLC Cross-Boundary (Oct 2014) Karuah Village (north of the river)

http://www.greatlakes.nsw.gov.au/


Great Lakes Council - January 2015 Page 2 of 10



5. CALCULATING DEVELOPMENT PARAMETERS

5.1 Residential developments Contributions are payable according to population increase and, in some areas, traffic increase expressed in additional "one-way" trips.

Single dwellings Each lot that has a dwelling entitlement is assumed to have paid all S94 contributions with respect to a single dwelling. Therefore no contributions are payable when a single dwelling is built on a single lot.

Additional dwelling units When more than one dwelling is to occupy one lot then S94 contributions will be payable in accordance with the following table. Credit will be allowed as an offset against the population or traffic generated by the development. The amount of credit, in the case of a vacant single lot, will be the amount for a single dwelling. Where approved residential development is to be demolished, the amount of credit will be that applicable to the existing development.

Table 5.1 Factors For Determining S94 Contributions for Additional Dwellings on an Existing Lot.

Persons Additional Trips

“Equivalent Tenement”, Lot or Single House 2.4 9

Multi-unit developments, including tourist accommodation whether permanently occupied or not

3 or more bedrooms 2.2 5

2 bedroom 1.8 5

1 bedroom 1.3 5

Bed-sitter 1.0 5

Other developments:

Motel room 1.0 3

Caravan Park Site 1.0 3

Dormitory bed in hostel 0.5 1.5

Bed and Breakfast in existing house 0.0-2.0 Nil

Motel room includes a room in a hotel, hostel, guest house, boarding house and the like

The additional trips are additional "one-way trips" generated. A “return trip” is therefore counted as two trips.

5.2 Non-residential developments In all circumstances non-residential developments will pay a S94 contribution according to the estimated cost of the development, and this cost can be provided by the developer or estimated by Council. However in some circumstances such as where increased vehicle traffic is caused by the development, then the development will also pay another S94 contribution, according to the extra traffic generated.

Normally the Major Roads S94 contribution for a non-residential development will be assessed as 0.4 one way trips per vehicle accessing the site per day (i.e. 0.2 trips to the site plus 0.2 trips from the site)”.

Non-residential developments are encouraged to undertake a detailed Traffic Impact Assessment in accordance with Austroads guidelines to determine the estimated number of vehicles accessing the development site per day.

In the absence of a professionally prepared Traffic Impact Assessment, Council will use the “one-way” trip rates contained in the latest version of the Council’s “Non-Residential” Developments S94 “One-Way” Trips Table shown in Table 5.2 below (also available from Council’s website or offices) to estimate the number of additional “one-way” trips that a non-residential development generates.



If Table 5.2 does not have the development type then Council will use the RTA guide to traffic-generating developments or a rational analysis by a traffic engineer to determine the number of "one-way" trips generated from which to calculate the S94 Contribution required. Table 5.2 Non-Residential Developments S94 One-Way Trips Table - 18 November 2013

5.3 Timing of Payments and their Manner of Indexing

The contributions must be paid prior to the issue of a construction certificate, subdivision certificate or complying development certificate, depending on which respective certificate applies. It may be possible to set-up a Staged Payment Schedule for certain larger developments (e.g. larger residential subdivisions or multi-staged Non-residential developments) provided that the development's stages are actually approved in advance by Council. Where any payment is made after the end of the financial year in which the consent was issued the amount payable will be changed in accordance with the CPI (All Groups Consumer Price Index, weighted average of 8 capital cities).



6. SCHEDULES OF RATES

Facility Provides for Applies to Rate for 2014-15*

6.1 PLANS APPLYING TO ALL DISTRICTS

Great Lakes Wide Plan (Oct 2014)

Library Bookstock

Acquisitions of stock to match population increase @ $26,000 p.a. (using CPI 150.6)

Residential $75.02/person

Headquarters Building

Contribution of $2,600,000 (using CPI 150.6) to the planned relocation / expansion of Council’s Headquarters building based on being 40% of the related costs for the Headquarters Building including loan costs.


Non-residential 0.1% of development cost

Section 94 Administration

Transfers to Council’s general fund to cover cost of Section 94 Co-ordinator @ Avge $63,655 p.a. (using CPI 104.8)


Rural Fire Services

Contribution to RFS Fire Station Capital Works Program providing $915,000 (using CPI 174.0) indexed costs over 5 phases.

Residential in areas covered by the RFS

$643.16/person

Road Haulage Repair of road damage caused by heavy vehicles. Assumes a pavement life of 5,000,000 ESAs, a reconstruction cost of $700,000 (using CPI 150.6) a kilometre and a rate of 4.66 tonnes of payload per ESA

Developments where bulk material is hauled

$0.038 / tonne / km



6. SCHEDULES OF RATES (CONTINUED)


6.2 PLANS APPLYING ONLY TO THE FORSTER DISTRICT

Forster District Plan (Oct 2014)

Major Roads for Forster Tuncurry

Bridge duplication: $11,995,000 Main Roads upgrades: $10,245,800 Intersections' upgrades: $12,381,800 Traffic Studies: $97,800 PV of Loan Costs: $6,020,820 Costs updated in 2012 (using CPI 174.0)

All traffic-generating developments in the Forster District Catchment

Apportioned below according to the zones from the Wallis Lake Bridge determined by specified distances

Inner zone (0-15km from bridge) Forster, Tuncurry, Green Point, Failford

All traffic-generating developments

$651.95 / "one-way" trip

Middle zone (15-30km from bridge) Pacific Palms, Smiths Lake, Nabiac



Outer zone (over 30km from bridge) Bungwahl, Coomba Park



Aquatic Centre

Recoupment of construction costs& enhancement works $4,296,260 (using CPI 174.0)

Residential $295.51 / person

Surf Life Saving

Equipment $200,000 Building $1,200,000 (using CPI 166.0)


South Forster Drainage

Northern Catchment $3,225,000 (using CPI 166.0)

Northern catchment

$2,857.74 / person

Library Facility Building program $6,300,000 Present Value of loan costs $2,230,000 (using CPI 166.0)


Open Space Foreshore Development $8,404,000 Sports Field $8,780,000 Linkages $1,770,000 General Park Improvements $3,044,000 Land Acquisition Program $7,850,000 (using CPI 166.0)

Residential $1,413.23 / person

Community Facilities

Community Facility $6,400,000 Present Value of Loan Costs $2,305,000 (using CPI 166.0)


Forster Parking

Acquisition and development $3,074,238 (CPI = 102.0)

Developments with parking deficiency

$17,946.49 / car space

Tuncurry Parking

Acquisition and development $2,771,567 (CPI = 102.0)


$13,560.30 / car space

Coomba Road/ Shallow Bay Road Plan (Oct 2014)

Upgrade Road Works Costs $2,983,427 (using CPI 174.0)

Residential $8,066.65 / ET



6. SCHEDULES OF RATES (CONTINUED)


6.3 PLANS APPLYING ONLY TO TEA GARDENS DISTRICT

Tea Gardens District Plan (Oct 2014)

Major Roads Upgrade of Myall Way, Kingfisher Drive and Myall Street and Mungo Brush road, Total Cost $12.8m (using CPI 174.0)



Open Space Acqn & Embell Total Cost $10.9m Residential $1,426.82/person

Library and Community Centre

Library extension, new Tea Gardens and upgrade of Hawks Nest community centres. Total Cost incl loan costs $4.1m (using CPI 174.0)

Residential

$538.42/person

Surf Life Saving

Building extension & new equipment Total Cost $526,000 (using CPI 174.0)

Residential 69.14/person

Hawks Nest Parking

Provision of 90 spaces Total Cost $932,000 (using CPI 174.0)


$10,069.02/car space

Tea Gardens Parking

Provision of 61 spaces (using Loan) Total Cost $867,610 (using CPI 174.0)


$14,807.62/car space

6.4 PLANS APPLYING ONLY TO DEVELOPMENTS NOT IN FORSTER OR TEA GARDENS DISTRICTS

Rural Roads (Bulahdelah and Stroud) Plan (Oct 2014)

Rural Roads Bulahdelah

Total Cost $304,500 (using CPI 120.3)

Residential $5,480.95/ET

Rural Roads Stroud

Total Cost $239,000 (using CPI 120.3)

Residential $5,512.27/ET

The Branch Lane Plan (Oct 2014)

The Branch Lane Upgrade

Total Cost $2.8m (using CPI 92.4)

Residential, (if access is via The Branch Lane)

$17,872.71/ET

Open Space Rural Districts (Oct 2014)

Open Space Embellishment of existing open space except Karuah village Total Cost $3.2m (using CPI 104.8)


Karuah village only

Embellishment of local parks Residential $161.15/person

Port Stephens-Great Lakes Cross-Boundary Plan (Oct 2014) - Contributions to Port Stephens Council (PSC) for development in Karuah Village. S94 Rates used below are September 2014 rates for PSC and January 2015 for GLC. See www.portstephens.nsw.gov.au for current PSC rates.

Karuah Cross Boundary

PSC and GLCs' Cross Boundary - GLC's Total Contributions will < $5,000

Residential Circa $12,650/lot

7. CONTRIBUTION RATES* PAYABLE FOR TYPICAL DEVELOPMENTS

lot 3 br unit 2 br unit 1 br unit

Forster and Tuncurry $14,370 $11,053 $9,636 $7,865

Pacific Palms, Nabiac $12,903 $10,238 $8,821 $7,050

Tea Gardens and Hawks Nest $10,352 $8,160 $7,053 $5,670

Add amount on if in RFS area $1,544 $1,415 $1,158 $836

* All Contribution Rates shown in the Tables in section 6. and 7. above are based on CPI 104.8

http://www.portstephens.nsw.gov.au/

1. INTRODUCTION2. WHAT ARE S94 DEVELOPMENT CONTRIBUTIONS?3. ESTIMATING S94 CONTRIBUTIONS4. WHICH S94 PLANS APPLY?5. CALCULATING DEVELOPMENT PARAMETERS6. SCHEDULES OF RATES7. CONTRIBUTION RATES* PAYABLE FOR TYPICAL DEVELOPMENTS

developers’ guide to section 94 contributions...developers’ guide to section 94 contributions...

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