Infrastructure Contributions and Planning Agreements

Local Infrastructure Contributions

Under the EP&A Act, CN can obtain local infrastructure contributions as a means of funding local infrastructure required as a result of new development.

 Local contributions are imposed by way of conditions of development consent.  The requirement for a contribution is generally satisfied by paying a monetary contribution, dedicating land free of cost and works-in-kind, or all of the above as determined by the consent authority.
 
There are two types of local contributions:

  • Section 7.11 contribution where there is a demonstrated link between the development and the infrastructure that the contribution is funding. The contribution rate is charged for residential accommodation.
  • Section 7.12 levies where there does not need to be a demonstrated link between the development and the infrastructure funded from the contribution.  Here, the contribution rate is charged as a percentage of the estimated cost of the development.

Note:

Section 7.12 levy

If a development contribution has been required in respect of the subdivision of land (initial subdivision), a levy may not be required in respect of any other development on the land, unless that other development will, or is likely to, increase the demand for public amenities or public services beyond the increase in demand attributable to the initial subdivision.

CN also does not impose a Section 7.12 levy on development for the purpose of a single dwelling on a single allotment (except for certain land in North Stockton).

Section 7.11 rate

There is no Section 7.11 contribution for the purpose of a single dwelling on a single allotment that was the subject of a section 7.11 contribution that has already been paid or for the purpose of alterations and additions to existing dwellings.

Section 7.12 Newcastle Local Infrastructure Contributions

The Section 7.12 Newcastle Local Infrastructure Contributions Plan became effective on 9 September 2019. The plan applies to the entire Local Government Area and applies to development applications and complying development.

Part A of the Plan applies to all development which has an estimated cost of over $100,000.

Part B and Part C of the Plan applies to all development with an estimated cost of more than $100,000 on land within the Newcastle City Centre, including Honeysuckle. 

This Deed of Agreement (PDF) supports implementation of the Section 7.12 Newcastle Local Infrastructure Contributions Plan Part C Honeysuckle.

Proposed Cost of Development

 Maximum % of the Levy

Part A
Up to $100,000 NIL
$100,0001 - $200,000 0.5%
More than $200,000 1.0%
Part B (City Centre) and Part C (Honeysuckle)
Up to $100,000 Nil
$100,001 to $200,000 0.5%
$200,001 to $250,000 1.0%
More than $250,000 3.0%

Section 7.11 Western Corridor Local Infrastructure Contributions

The Section 7.11 Western Corridor Local Infrastructure Contributions Plan (Update February 2020) become effective on 27 February 2020.  The plan applies to land in Minmi, Fletcher and Maryland and is identified in the plan.  Refer to the PDF for current fees.

The  Plan does not apply to Sanctuary Estate.  Sanctuary Estate is covered by a Planning Agreement between Landcom and City of Newcastle which prohibits the levying of development contributions in the area included in the Sanctuary Estate Planning Agreement.

Note. The Section 7.11 Western Corridor Local Infrastructure Contributions Plan (PDF) applies to residential accommodation and residential lots. Types may include (but are not limited to) dual occupancies, secondary dwellings, dwelling houses, multi housing, boarding houses, self-contained seniors living developments and residential flat buildings.  A secondary dwelling being a granny flat or studio creates a demand for public amenities and services and is required to pay a Section 7.11 contribution, regardless of cost of works. Additionally, a single dwelling on a single allotment that was the subject of a Section 7.11 contribution already paid is not required to pay another contribution.

Repealed Contribution Plans

Planning Agreements Policy

On 15 December 2009 Council adopted a policy to regulate the way in which it will consider, accept and implement offers made by applicants to enter into planning agreements.

The policy becomes effective on the 4 January 2010 and was updated May 2014.

Indexation

The amount of contribution payable under this condition has been calculated on the basis of the current rate as at the date of consent and is based on the most recent quarterly Consumer Price Index (CPI).

Planning Agreements Register

A register of all Voluntary Planning Agreements which are in place in the Newcastle Local Government Area