Local Infrastructure Contributions
Section 94A – Development Contribution Plan
Council has the ability to collect contributions for the provision of local infrastructure and facilities under section 94A of the Environmental Planning and Assessment Act 1979. This generally occurs through the development assessment process whereby Council can place conditions on certain types of development to require the levy of these contributions.
Section 94A contributions enables Councils to seek funds from developers towards the provision, extension or augmentation of public amenities and services. It is an essential service to ensure adequate provision of infrastructure to serve the needs of our growing population.
Councils Section 94A Development Contribution Plan outlines the process for the collecting and expending local infrastructure contributions.
Section 94 Development Contribution Plan – Traffic Generating Development
Damage to bitumen and gravel road pavements due to heavy vehicles from traffic generating developments is a significant impact on the public roads and Council’s budget. Where a development has proposed that heavy vehicles use the public roads in the Shire and the existing road maintenance schedule is inadequate to carry the additional load, a contribution will be sought from the proposed development towards the cost of maintenance, repair and rehabilitation of the road network.
The NSW Land and Environment Court has recognised the significant impact that road haulage vehicles associated with traffic generating developments and in particular extractive industries have on the public road system, beyond the normal usage by the general public, and accordingly has accepted that Section 94 of the Environmental Planning & Assessment Act, 1979 is an appropriate mechanism for the levy of contributions for the upgrading and rehabilitation of effected public roads.
Section 94 of the Environmental Planning & Assessment Act, 1979 enables Council to levy contributions from developers for the provision of public amenities and services required as a consequence of development.
Section 94 Development Contribution Plan – Traffic Generating Development
