The Environmental Planning Assessment Act, allows councils to include as a condition of development consent, the reasonable dedication of land and / or a monetary contribution.

Infrastructure contributions

Before a levy can be charged a contribution plan must be in place. A contribution plan identifies the infrastructure and services required to meet the demand generated by development across the local government area. In the Mountains, developer contributions are based on a percentage of the costs of carrying out the development. For work => $100,000 - $200,000 the levy is 0.5%. For works >$200,000 the levy is 1.0%. A fact sheet with information infrastructure contributions and how they are applied is available.

Planning Agreements

Planning agreements are an alternative to the payment of developer contributions. Planning agreements can be negotiated on a voluntary basis between developers, Councils and/or other planning authorities in connection with a specific development application.

A council may use a planning agreement to assist in mitigating the impacts of development by offering a flexible means of achieving tailored development outcomes and public benefits. It is important to note that planning agreements do not make an unacceptable planning outcome acceptable through the provision of public benefits. A development application is considered on its merits in accordance with the evaluation criteria set by the Environmental Planning & Assessment Act before a planning agreement is entered into.

Planning Agreement Register

Legislation requires Councils to keep a register of Planning Agreements. Agreements in place are:

Description of Agreement Date of Agreement  Parties to Agreement Land to which the Agreement applies

Agreement relates to DA X/823/2010 for the redevelopment of the supermarket at 30-34 Parke Street, Katoomba.

Under the planning agreement, the developer will be required to deliver or contribute to a series of infrastructure improvements in Pioneer Place, the public parking facility adjacent to the supermarket. Improvements will include the reconfiguration of Waratah Street access/egress, installation of a seagull median on Waratah Street, installation of disabled parking awning, curb realignment works, lighting and surface treatments.

Wednesday, 16 May 2012

Blue Mountains City Council

Fabcot Pty Ltd
Part of Pioneer Place 38-40 Parke Street, Katoomba (see agreement for legal description)