Ku-ring-gai Council levies contributions from developers towards the cost of providing and augmenting local services and facilities that are required because of their development.
The Environmental Planning and Assessment Act 1979, provides for two different types of contributions plans.
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S94 Contributions Plan
The traditional type of s94 contributions plan is a ‘direct’ contributions plan which means there must be a direct link between development and the infrastructure that is required as a result of that cumulative development taking place. The plan includes formulae that link the cost of new infrastructure to the contributing development and provides for different rates for different types of development. Contributions may be calculated based on the expected population increase or the amount of traffic generation anticipated.
The s94 plan is called Ku-ring-gai Contributions Plan 2010. It applies to larger scale redevelopment where additional dwellings are created and to commercial development in the local centres along the Pacific Highway and in St Ives. It funds or co-funds (depending on the type of infrastructure) an extensive works programmes including new parks, new roads, traffic improvements and upgrades to the main centres including town squares and new community facilities.
The largest projects planned for Ku-ring-gai such as Activate Lindfield, Activate Turramurra and Activate Gordon are integrated multi-million dollar capital works of which contributions are s contributing part.
Learn more about Activate Lindfield
Learn more about Activate Turramurra
Learn more about Activate Gordon
Read more abut the s94 Contributions Plan
S94A Contributions Plan
The other type of contributions plan is a s94A contributions plan which is also known as an ‘indirect’ contributions plan and as a ‘percentage levy’ plan.
This type of plan is more appropriate for scattered small-scale development such as alterations and additions and knock-down rebuilds of single dwelling houses as well as commercial development around the smaller scale neighbourhood shopping areas away from the main centres. This type of plan levies contributions as a percentage of the cost of the development.
The s94A plan is called Ku-ring-gai s94A Contributions Plan 2015. It applies to different development types than the main s94 plan and funds an entirely separate works programme such as neighbourhood centre improvement programmes and upgrades as well as new works in local parks.
Read more about the s94A Contributions Plan
In 2005 the NSW Government introduced amendments to the Environmental Planning and Assessment Act to allow for planning agreements to be entered into.
Ku-ring-gai Council has adopted a policy on planning agreements, which allows Council to enter into a voluntary agreement with a development company to deliver infrastructure and/or to make contributions for a public purpose. These contributions may be instead of, or in conjunction with, development contributions applicable under either of the two adopted contributions plans. More commonly, they allow a developer to deliver infrastructure that is adopted within the contributions plans that relates directly to a development site. This process may allow the infrastructure to be delivered at an appropriate time concurrent with a development or ahead of the time that Council may have scheduled the work in its rolling works programme providing a timely benefit to all users. Any agreement Council proposes to enter into, and the public purposes to be funded or provided, must be exhibited for public comment.
Read more on Voluntary Planning Agreements
Previous Development Contributions Plans
When Ku-ring-gai Contributions Plan 2010 came into effect on 19 December 2010, it consolidated and superseded a number of other s94 contributions plans that were active in the council area.
Development approvals that included a contribution under the superseded plans are still liable to pay those contributions and, any subsequent s96 modification to any active consent will be assessed under the plan that applied at the date of consent. Accordingly, copies of superseded contributions plan are retained online for references purposes.
Read more on Superseded Contributions Plans