Section 94 Development Contributions

The funding of local infrastructure is assisted in part by developer contributions known as Section 94 or Section 94A contributions. Councils in NSW have the ability to levy developers for contributions towards local infrastructure under the Environmental and Planning Assessment Act (EP&A). The Contributions Plans addresses how Council will assess, collect, spend and administer the developer contributions.

Council will use the funds collected to provide new works, as listed in the Section 94 Plan. This includes new playgrounds and playing fields, town centre civic and streetscape works, local area traffic works, expanded library services, stormwater drainage projects, community facilities and land acquisition for open space.

The Contributions Plans apply to a development approved after that date where Council is the consent authority in the area covered by that plan.

The Section 94 conditions imposed must be consistent with Council’s standard Section 94 consent conditions and be strictly in accordance with these Plans.

In the case of Development Applications, contributions must be paid at the time stated in the consent conditions, generally before a Construction Certificate.

In the case of a Complying Development, the levy must be paid before the construction commences, or if preferred prior to the issue of the Complying Development Certificate.

Development Contribution rates will be adjusted by the Consumer Price Index when payment is due in accordance with the relevant Contributions Plan.

Voluntary Planning Agreements

Voluntary Planning Agreements (VPA’s) may be accepted as an alternative to development contributions. A VPA is an agreement entered into by Council and a developer during Council’s consideration of rezoning application (planning proposal) or Development Application. VPA’s can either be in lieu of, or in addition to a development contribution payment and this will be negotiated as part of the VPA.

Until such time a combined Contributions Plan is announced for the Cumberland Local Government Area, the Contributions Plans that apply to Cumberland Local Government Area are:

Should you have any questions regarding the Contributions Plans, please contact Council on 8757 9000.