Armidale Dumaresq CP 2013 Cookes Road Bridge Upgrade
Development Contributions Plan COOKES ROAD BRIDGE UPGRADE
2013
Armidale Dumaresq Council 135 Rusden Street, Armidale New South Wales 2350 Telephone +61 2 6770 3600 Email [email protected]
TABLE OF CONTENTS Page 1. SUMMARY SCHEDULES 1.1 Summary - Works Program 1.2 Summary – Apportionment of Council/development contributions between existing and future development 1.3 Summary Schedule – Contribution rates by development type 1.4 Summary – Apportionment rates for Residential Development
1 1
2. ADMINISTRATION AND OPERATION OF THE PLAN 2.1 What is the name of this Development Contributions Plan? 2.2 Area the plan applies 2.3 What is the purpose of this Development Contributions Plan? 2.4 Commencement of the plan 2.5 Relationship with other plans and policies 2.6 Definitions 2.7 When is a contribution payable? 2.8 Construction certificates and the obligation of accredited certifiers 2.9 Complying development certificates and the obligation of accredited certifiers 2.10 Deferred or periodic payments 2.11 Staged development consents 2.12 Settlement of contribution 2.13 Review of development contribution rates 2.14 How are contributions adjusted at the time of payment? 2.15 Are there allowances for existing development? 2.16 Savings and transitional arrangements
3 3 3 3 3 3 3 3 5
3. STRATEGY 3.1 Catchment 3.2 Nexus 3.3 Development Contributions 3.3.1 Apportionment of costs 3.3.2 Contribution rate FIGURES Table 1: Apportionment between existing and future demand Table 2: Contribution rates by different types of residential development FIGURES Map 1: Area the plan applies and location of proposed bridge upgrade
1 1 2
5 5 6 6 7 7 7 8 9 9 9 9 9 10
10 11
4
REFERENCES
12
APPENDIX A: Worked examples – ‘credits’ and calculating contribution rates
13
1.
SUMMARY SCHEDULES
The following Summary Schedules are included in this plan: Works Program Apportionment of Council/developer contributions between existing and future demand Contributions by development type Apportionment rates and contributions for residential development. It is stressed that these are provided as a summary tables only and more details are contained in the individual strategies within the plan. 1.1
Summary Works Program
Facility
Upgrade bridge
1.2
Schedule of Works
Construction of a reinforced concrete 2 lane bridge with pedestrian walkway across Dumaresq Creek at Cookes Road, Armidale
$417,105 (2013)
Timing
2016-2017
Summary – Apportionment of Council/developer contributions between existing and future development Demand
Existing – Council contribution Estimated future – development contributions Total
1.3
Cost
Apportionment factor % 38 62 100
Contribution $158,500 $258,605 $417,105
Summary schedule – Contribution rates by development type Facility
Type of development
Base
Contribution Rate
Upgrade bridge
Residential development
per daily vehicle trips
$ 137
Development Contributions Plan – Cookes Road Bridge Upgrade
Page 1
1.4
Summary –Apportionment rates for residential development Description
Daily vehicle trips
Contribution Rate
Residential lot – residential zone
10
$1,370
Dwelling house – residential zone
10
$1,370
Residential lot – low density residential, environment protection and rural zones Dwelling house – low density residential, environment protection and rural zones Other forms of residential accommodation, such as residential flat buildings, multi dwelling housing, dual occupancies and semi-detached dwellings: One bedroom Two bedrooms Three bedrooms Four or more bedrooms
9 9
4 5 5 6.5
$1,233 $1,233
$548 $685 $685 $890
Note: ‘Credits’ for existing development are provided for when assessing the contributions to be levied for new development (refer to Clause 2.15 Are there allowances for existing development? and Appendix A: Worked examples – ‘credits’ and calculating contribution rates of this Plan).
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2.
ADMINISTRATION AND OPERATION OF THE PLAN
2.1
What is the name of this Development Contributions Plan? This Development Contributions Plan is called Armidale Dumaresq Development Contributions Plan – Cookes Road Bridge Upgrade (2013).
2.2
Area the plan applies This plan applies to land as shown on Map 1.
2.3
What is the purpose of this Development Contributions Plan? The purpose of the Development Contributions Plan is to: (a) provide an administrative framework for the collection of developer contributions for upgrading the existing bridge over Dumaresq Creek at Cookes Road, Armidale, by replacing it with a 2 lane concrete bridge with pedestrian/cycleway; (b) ensure that adequate road infrastructure is provided as part of new development; (c) to enable council to impose conditions under section 94 of the Environmental Planning and Assessment Act 1979 when granting consent to development on land to which this plan applies; and (d) ensure that the existing community is not burdened by the provision of road infrastructure required as a result of future development.
2.4
Commencement of the plan This Development Contributions Plan has been prepared pursuant to the provisions of section 94 of the Environmental Planning and Assessment Act 1979 and Part 4 of the Environmental Planning and Assessment Regulation 2000 and takes effect from 10 July 2013, being the date on which public notice of Council’s adoption of this Development Contributions Plan was published.
2.5
Relationship with other plans and policies The Development Contributions Plan supplements the provisions of the Armidale Dumaresq Local Environmental Plan 2012 and any amendment or local environmental plan which may supersede it.
2.6
Definitions The definitions for types of development described in this plan correspond with those in Armidale Dumaresq Local Environmental Plan 2012.
2.7
When is a contribution payable? A contribution must be paid to Council at the time specified in the condition of consent that imposes the contribution. If no such time is specified, the contribution must be paid prior to the issue of a Construction Certificate, Complying Development Certificate or Subdivision Certificate for the respective development.
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MAP 1: Area the plan applies and location of proposed bridge upgrade
W WIL ILLI LIAMSS PL PL
H HAARR RYY M C CR RAAEE D DR R
BBO OX H HIILLL D DR R
EELLEE AAN C CO NO OO OR OKKEE RC LL SS RD D
EELLO W WEER RAA R RD D
NNO ORR TTHH EEYY
Cookes Road Bridge DDUU M MAA RREE SSQQ C KK
QQ EESS AAR MM DDUU
SQ CK RESQ MARE DU DUMA
IIN NCEE SS R RD D
TTOM MBBSS R RD
C CO OO OKEE SS R RD D
C CAAN NAAM MBEE SSTT
Development Contributions Plan – Cookes Road Bridge Upgrade
RRDD
C CO OO OKKE SS R RD D
D DR R M MA C CD DO ON NALL D D
C CAAN AAM MBEE SSTT
FAA YYLLEE AAVV EE
D DO OU UG GLLAA SS SSTT
KKEEN NN NEED DYY SS TT C CH HAAPP ELL SSTT
G GR RAAF TTO ON R RD
OORR CCHH AARR DDV IIEE W W
CCKK
PPH HIILLL IIPP SS TT
BBR RO OW WN NIIN NG GD DR R
SSQQ RREE A M DDUU
BAAR RNEE YY SSTT
OR RC CH HAAR D DVVIEE W WR RD D
R RYAA N NR RD D
SSIIM MM MO ON NS SSTT BBAAR N NEEY SSTT
C CO OOKKEESS R RD D
D R RD OKEESS OO C CO
RD EESS R OOKK C CO
CCKK
D DU UM MAAR REES Q Q SSTT
KKIR RKKW WO OO OD D SST
R CR ID ID C D DAAV CR RAA C C CLLAAR
SSQQ E AAR MM DDUU
DO OU UG GLLAA SS SST
KK Q CC SSQ REE MAA DUU
N NEEW WTTO N N STT M MC CLLEE AAN N AVV JEEFF EE FFEER RY SS TT EE H HAM AAV MPPD EESS EEN N SSTT M L L K K C C HOO Q Q S S RREE MAA DO DDUU D ON NNEE LLLYY SST EELLIIZZ D DO ON NN AA LLN NEEL N LLYY S TT
DDR
KKEN NN NEED DYY SS TT N AALLD DREE D D AAVV E
JJO OAN N PPLL N NO OR RTTH H SSTT
IISSHBB EELLL D DR R ISSH H B B EELLLL C CEEN D DR TTEEN R ER RSSKK N NIIAALL IIN NE SS C CLL TT
M MAAC CD DO ON NAALLD DD DR R
TTAYY LLOR R SSTT TTAAYY H HIILD LLOR DAA AA R STT VVEE
W WAAT SSO ON AAVVEE
DR LL DR EE HILL TREE PLEE TR APPL
RRO OCC D DAAW KVV WSSO ALL N N AVV EERR EE DD
EE AAL KKVV C C ROO
RRDD
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CKK QC SSQ AAREE M M U D DU
CCKK
2.8
Construction Certificates and the obligation of accredited certifiers Unless otherwise stated in a development consent condition, a Certifying Authority must not issue a Construction Certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of monetary contributions has been satisfied. In particular, the Certifying Authority must ensure that the applicant provides a receipt(s) confirming that contributions have been fully paid and copies of such receipts must be included with copies of certified plans provided to the Council in accordance with clause 142(2) of the Environmental Planning and Assessment Regulation 2000. Failure to follow this procedure may render such a Certificate invalid. The only exceptions to the requirement are where works-in-kind, a material public benefit, dedication of land or a deferred payment arrangement has been agreed by the Council. In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.
2.9
Complying Development Certificates and the obligation of accredited certifiers In accordance with section 94EC of the Environmental Planning and Assessment Act 1979, accredited certifiers must impose a condition requiring monetary contributions in accordance with this Development Contributions Plan. The conditions imposed must be consistent with Council’s standard section 94 consent conditions and be strictly in accordance with this Development Contributions Plan. Council’s standard section 94 consent conditions may be obtained from Council’s Development Control Unit by emailing [email protected] or phoning (02) 6770 3600. It is the professional responsibility of accredited certifiers to accurately calculate the contribution and to apply the section 94 condition correctly.
2.10 Deferred or periodic payments Deferred or periodic payments of contributions may be permitted in the following circumstances:
compliance with the provisions of Clause 2.7 of this plan is unreasonable or unnecessary in the circumstances of the case,
deferred or periodic payment of the contribution will not prejudice the timing or the manner of the provision of public facilities included in the Works Program,
where the applicant intends to make a contribution by way of a planning agreement, works-in-kind or land dedication in lieu of a cash contribution and Council and the applicant have a legally binding agreement for the provision of the works or land dedication, or
there are circumstances justifying the deferred or periodic payment of the contribution.
If Council decides to accept deferred or periodic payment, it may require the applicant to provide a bank guarantee for the full amount of the contribution or the outstanding balance on condition that: (a) the bank guarantee be for the amount of the total contribution, or the amount of the outstanding contribution, plus 20% or such lesser amount as determined by Council in the particular circumstances; Development Contributions Plan – Cookes Road Bridge Upgrade
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(b) the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work; (c) the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development; (d) the bank's obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required; and (e) where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid. 2.11 Staged development In some circumstances, such as subdivision in urban release areas, it may be unreasonable to require the payment of the full contribution amount up-front. In the case of staged development, Council may consider payment of contributions in stages, with the contribution amount payable being proportional to the demand generated by that stage. 2.12 Settlement of the contribution Development contributions required under this Plan may be settled by: (a) payment of a monetary contribution to Council; or (b) provision of “in-kind” contribution by the applicant in lieu of all or part of the monetary contribution (i.e. the applicant completes part or all the work identified in the Plan). Council may consider an “in-kind” contribution in the following circumstances: (a) the value of the works to be undertaken is at least equal to the value of the contribution that would otherwise be required under this plan; (b) the standard of the works is to Council’s full satisfaction; and (c) the provision of an “in-kind” contribution will not prejudice the timing or the manner of the provision of public facilities identified in the works program. The value of the works for an “in-kind” contribution must be provided by the applicant at the time of the request and must be independently certified by a Quantity Surveyor who is registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate equivalent qualifications. Council will require the applicant to enter into a written agreement for the provision of the works. Acceptance of any such alternative is at the sole discretion of Council. Council may waive or reduce the contributions that would normally apply under this Development Contributions Plan under extraordinary or particular circumstances, for example the development is affordable housing or short term family/crisis housing. Claims to waive or reduce applicable contributions must be lodged with the development application for the proposal by or on behalf of:
the Crown or Council, where the project is undertaken on a ‘non-commercial’ (non-profit) basis, or
Development Contributions Plan – Cookes Road Bridge Upgrade
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a registered charity or non-profit-making organisation.
To be eligible for consideration under the terms of this provision, applicants must demonstrate, to the satisfaction of Council, that:
The project will provide a public benefit, primarily to the Armidale Dumaresq community (i.e. projects benefiting a wider community, such as University developments, will not be eligible); and
The absence of assistance under this policy would significantly affect the economic viability of the project, to the detriment of the proposed public benefit to be provided. Submissions are to be supported by professional valuation evidence on costs and returns of the project(s), and are to include all additional sources of public funding available to the project.
Waiving or reducing applicable contributions is at the discretion of Council. 2.13 Review of development contribution rates The contribution rates identified in this Plan will be indexed annually in accordance with the Consumer Price Index (All Groups) for Sydney (Catalogue No. 6401.0), which is published by the Australian Bureau of Statistics. The first indexation of contribution rates will be undertaken on 1 July 2014, and annually thereafter. In conjunction with the regular indexation, Council will carry out an annual review of the estimated cost of the public facility to be provided. 2.14 How are contributions adjusted at the time of payment? The contributions stated in a consent condition are calculated on the basis of the contribution rates applying at the time under this Development Contributions Plan. If the contributions are not paid within 12 months of the consent being granted, the contributions payable will be adjusted, based on annual indexation of the original contribution as set out in the development consent. The index adopted for the purposes of adjusting original contributions to determine the contributions applicable at the time of payment is the Consumer Price Index (All Groups) for Sydney (Catalogue No. 6401.0), which is published by the Australian Bureau of Statistics. 2.15 Are there allowances for existing development? Allowances or ‘credits’ for existing development are provided for when assessing the contributions to be levied for new development. An amount equivalent to the contribution attributable to any existing development on the site of a proposed new development will be allowed for in the calculation of contributions. Worked examples of how ‘credits’ are allowed for when calculating contributions are provided in Appendix A: Worked examples – ‘credits’ and calculating contribution rates of this Development Contributions Pan.
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2.16 Savings and transitional arrangements A development application which has been submitted prior to the adoption of this plan but not determined shall be determined in accordance with the provisions of the Development Contributions Plan applicable at the date of determination of the application.
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3. STRATEGY 3.1
Catchment Existing and future residential development of land shown on Map 1 will generate demand for, or benefit from, the upgrading of Cookes Road bridge over Dumaresq Creek, Armidale. The land subject of the plan as shown on Map 1 is hereinafter referred to as the Catchment for the proposed bridge upgrade.
3.2
Nexus Future residential development in the Catchment will, or is likely to require the provision of or increase the demand for upgrading Cookes Road bridge in order to facilitate road access to Armidale’s facilities and commercial centre. The upgrade involves replacing the current timber, single lane bridge with a reinforced concrete bridge, comprising:
2 lanes and a 2.0 metre wide pedestrian/cycleway
approximately 12 metres long and 9.2 metres wide with a minimum carriageway width (between kerbs) of 7.2 metres
similar deck level to the existing bridge.
The proposed bridge upgrade will:
3.3
improve Council’s current road network, thereby providing access to Armidale’s facilities and commercial centre,
be provided in a location of direct benefit to existing and future development in the Catchment, and
be constructed in 2016-2017 in order for future development in the Catchment to benefit from its provision.
Development Contributions Development contributions obtained under the provisions of this Development Contributions Plan will be used to upgrade the existing bridge across Dumaresq Creek at Cookes Road, Armidale, as indicated on Map 1. 3.3.1
Apportionment of costs
Provision of the bridge upgrade will benefit both existing road users as well as future residential development in the Catchment. Therefore, the cost of providing the bridge upgrade has been apportioned accordingly between existing development (to be met by Council) and future development (to be met by development contributions). The total cost (2013 figures) of upgrading the bridge is $417,105.
Development Contributions Plan – Cookes Road Bridge Upgrade
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The apportionment factor is based on existing traffic that uses the bridge (to be met by Council) and future demand that is likely to be generated by new development in the Catchment and use the bridge (to be met by development contributions). The demand is measured by the existing and estimated future traffic (daily vehicle trips) that use, or will use, the Cookes Road bridge. The apportionment factor for existing and estimated future traffic generated by new development in the Catchment is shown in Table 1. Table 1: Apportionment between existing and future demand
Existing traffic Estimated future traffic from new development in the Catchment Total traffic
3.3.2
Number (dvt) 1138
Apportionment factor (%) 38
1889
62
3027
100
Contribution rate
The formula for determining the development contribution rate is: Contribution per daily vehicle trip (dvt) = Cost of facility x Apportionment factor for new development Estimated dvt from new development in the Catchment Therefore, the contribution rate is: Contribution per daily vehicle trip (dvt)
= =
$417,105 x 62% 1889 $137
Contributions will be levied on residential development in the Catchment and will be applied at the time of subdivision or development of the land. Contributions will apply to new residential lots, dwelling houses, additional dwellings (e.g. dual occupancy), multi unit housing developments or other residential developments considered likely to increase the intensity of development and consequently the demand for road infrastructure. The relevant contribution rates are based on daily vehicle trips generated by different types of residential development and are shown in Table 2. ‘Credits’ for existing development are provided for when assessing the contributions to be levied for new development (refer to Clause 2.15 Are there allowances for existing development? and Appendix A: Worked examples – ‘credits’ and calculating contribution rates of this Plan). Council’s contribution towards upgrading the Cookes Road bridge will be $158,500 (2013 figures), which will satisfy the traffic demand generated by existing development using the bridge.
Development Contributions Plan – Cookes Road Bridge Upgrade
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Table 2: Contribution rates by different types of residential development Description
Daily vehicle trips
Contribution Rate $
Residential lot – residential zone
10
1,370
Dwelling house – residential zone
10
1,370
Residential lot – low density residential, environment protection and rural zones Dwelling house – low density residential, environment protection and rural zones Other forms of residential accommodation, such as residential flat buildings, multi dwelling housing, dual occupancies and semidetached dwellings: One bedroom Two bedrooms Three bedrooms Four or more bedrooms
9 9
4 5 5 6.5
1,233 1,233
548 685 685 890
The daily vehicle trips generated by different types of residential development are based on the Guide to Traffic Generating Development – Issue 2.2 (NSW Roads and Traffic Authority, October 2002).
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REFERENCES Department of Infrastructure, Planning and Natural Resources (July 2005, with updates December 2006), Development Contributions Practice Notes. Environmental Planning and Assessment Act 1979, www.legislation.nsw.gov.au Environmental Planning and Assessment Regulation 2000, www.legislation.nsw.gov.au NSW Roads and Traffic Authority (2002), Guide to Traffic Generating Development – Issue 2.2.
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APPENDIX A: WORKED EXAMPLES – ‘CREDITS’ AND CALCULATING CONTRIBUTION RATES When calculating the contribution rate for a proposed development, a ‘credit’ is allowed for existing development on the land subject of the application. An amount equivalent to the contribution attributable to existing development on the subject land is allowed for in the calculations. The following provides worked examples of how credits are allowed for when calculating the contribution rate for a proposed development.
Example 1.
Residential subdivision
It is proposed to carry out a 15 lot subdivision on 2 existing lots, both of which are vacant, in the residential zone. The contribution rate is $1,370 for each lot, less than the existing ‘credit’. Therefore, Contribution
Example 2.
= $1,370 x (15-2) = $1,370 x 13 = $17,810.
Multi dwelling housing
It is proposed to build 24 townhouses on 3 existing vacant lots in the residential zone. Ten (10) townhouses will be 1 bedroom and 14 townhouses will be 2 bedrooms. The relevant contribution rates are: $1,370 / lot (applicable to existing ‘credit’) $548 / 1 bedroom townhouse (applicable to new development). $685 / 2 bedroom townhouse (applicable to new development) The contribution to be levied on the proposed development is calculated by determining the rate for the new development less than the existing ‘credit’. Therefore, Contribution
= [(10 x $548) + (14 x $685)] – (3 x $1,370) = $5,480 + $ 9,590 - $4,110 = $10,960.
Development Contributions Plan – Cookes Road Bridge Upgrade
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2013
Armidale Dumaresq Council 135 Rusden Street, Armidale New South Wales 2350 Telephone +61 2 6770 3600 Email [email protected]
TABLE OF CONTENTS Page 1. SUMMARY SCHEDULES 1.1 Summary - Works Program 1.2 Summary – Apportionment of Council/development contributions between existing and future development 1.3 Summary Schedule – Contribution rates by development type 1.4 Summary – Apportionment rates for Residential Development
1 1
2. ADMINISTRATION AND OPERATION OF THE PLAN 2.1 What is the name of this Development Contributions Plan? 2.2 Area the plan applies 2.3 What is the purpose of this Development Contributions Plan? 2.4 Commencement of the plan 2.5 Relationship with other plans and policies 2.6 Definitions 2.7 When is a contribution payable? 2.8 Construction certificates and the obligation of accredited certifiers 2.9 Complying development certificates and the obligation of accredited certifiers 2.10 Deferred or periodic payments 2.11 Staged development consents 2.12 Settlement of contribution 2.13 Review of development contribution rates 2.14 How are contributions adjusted at the time of payment? 2.15 Are there allowances for existing development? 2.16 Savings and transitional arrangements
3 3 3 3 3 3 3 3 5
3. STRATEGY 3.1 Catchment 3.2 Nexus 3.3 Development Contributions 3.3.1 Apportionment of costs 3.3.2 Contribution rate FIGURES Table 1: Apportionment between existing and future demand Table 2: Contribution rates by different types of residential development FIGURES Map 1: Area the plan applies and location of proposed bridge upgrade
1 1 2
5 5 6 6 7 7 7 8 9 9 9 9 9 10
10 11
4
REFERENCES
12
APPENDIX A: Worked examples – ‘credits’ and calculating contribution rates
13
1.
SUMMARY SCHEDULES
The following Summary Schedules are included in this plan: Works Program Apportionment of Council/developer contributions between existing and future demand Contributions by development type Apportionment rates and contributions for residential development. It is stressed that these are provided as a summary tables only and more details are contained in the individual strategies within the plan. 1.1
Summary Works Program
Facility
Upgrade bridge
1.2
Schedule of Works
Construction of a reinforced concrete 2 lane bridge with pedestrian walkway across Dumaresq Creek at Cookes Road, Armidale
$417,105 (2013)
Timing
2016-2017
Summary – Apportionment of Council/developer contributions between existing and future development Demand
Existing – Council contribution Estimated future – development contributions Total
1.3
Cost
Apportionment factor % 38 62 100
Contribution $158,500 $258,605 $417,105
Summary schedule – Contribution rates by development type Facility
Type of development
Base
Contribution Rate
Upgrade bridge
Residential development
per daily vehicle trips
$ 137
Development Contributions Plan – Cookes Road Bridge Upgrade
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1.4
Summary –Apportionment rates for residential development Description
Daily vehicle trips
Contribution Rate
Residential lot – residential zone
10
$1,370
Dwelling house – residential zone
10
$1,370
Residential lot – low density residential, environment protection and rural zones Dwelling house – low density residential, environment protection and rural zones Other forms of residential accommodation, such as residential flat buildings, multi dwelling housing, dual occupancies and semi-detached dwellings: One bedroom Two bedrooms Three bedrooms Four or more bedrooms
9 9
4 5 5 6.5
$1,233 $1,233
$548 $685 $685 $890
Note: ‘Credits’ for existing development are provided for when assessing the contributions to be levied for new development (refer to Clause 2.15 Are there allowances for existing development? and Appendix A: Worked examples – ‘credits’ and calculating contribution rates of this Plan).
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2.
ADMINISTRATION AND OPERATION OF THE PLAN
2.1
What is the name of this Development Contributions Plan? This Development Contributions Plan is called Armidale Dumaresq Development Contributions Plan – Cookes Road Bridge Upgrade (2013).
2.2
Area the plan applies This plan applies to land as shown on Map 1.
2.3
What is the purpose of this Development Contributions Plan? The purpose of the Development Contributions Plan is to: (a) provide an administrative framework for the collection of developer contributions for upgrading the existing bridge over Dumaresq Creek at Cookes Road, Armidale, by replacing it with a 2 lane concrete bridge with pedestrian/cycleway; (b) ensure that adequate road infrastructure is provided as part of new development; (c) to enable council to impose conditions under section 94 of the Environmental Planning and Assessment Act 1979 when granting consent to development on land to which this plan applies; and (d) ensure that the existing community is not burdened by the provision of road infrastructure required as a result of future development.
2.4
Commencement of the plan This Development Contributions Plan has been prepared pursuant to the provisions of section 94 of the Environmental Planning and Assessment Act 1979 and Part 4 of the Environmental Planning and Assessment Regulation 2000 and takes effect from 10 July 2013, being the date on which public notice of Council’s adoption of this Development Contributions Plan was published.
2.5
Relationship with other plans and policies The Development Contributions Plan supplements the provisions of the Armidale Dumaresq Local Environmental Plan 2012 and any amendment or local environmental plan which may supersede it.
2.6
Definitions The definitions for types of development described in this plan correspond with those in Armidale Dumaresq Local Environmental Plan 2012.
2.7
When is a contribution payable? A contribution must be paid to Council at the time specified in the condition of consent that imposes the contribution. If no such time is specified, the contribution must be paid prior to the issue of a Construction Certificate, Complying Development Certificate or Subdivision Certificate for the respective development.
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MAP 1: Area the plan applies and location of proposed bridge upgrade
W WIL ILLI LIAMSS PL PL
H HAARR RYY M C CR RAAEE D DR R
BBO OX H HIILLL D DR R
EELLEE AAN C CO NO OO OR OKKEE RC LL SS RD D
EELLO W WEER RAA R RD D
NNO ORR TTHH EEYY
Cookes Road Bridge DDUU M MAA RREE SSQQ C KK
QQ EESS AAR MM DDUU
SQ CK RESQ MARE DU DUMA
IIN NCEE SS R RD D
TTOM MBBSS R RD
C CO OO OKEE SS R RD D
C CAAN NAAM MBEE SSTT
Development Contributions Plan – Cookes Road Bridge Upgrade
RRDD
C CO OO OKKE SS R RD D
D DR R M MA C CD DO ON NALL D D
C CAAN AAM MBEE SSTT
FAA YYLLEE AAVV EE
D DO OU UG GLLAA SS SSTT
KKEEN NN NEED DYY SS TT C CH HAAPP ELL SSTT
G GR RAAF TTO ON R RD
OORR CCHH AARR DDV IIEE W W
CCKK
PPH HIILLL IIPP SS TT
BBR RO OW WN NIIN NG GD DR R
SSQQ RREE A M DDUU
BAAR RNEE YY SSTT
OR RC CH HAAR D DVVIEE W WR RD D
R RYAA N NR RD D
SSIIM MM MO ON NS SSTT BBAAR N NEEY SSTT
C CO OOKKEESS R RD D
D R RD OKEESS OO C CO
RD EESS R OOKK C CO
CCKK
D DU UM MAAR REES Q Q SSTT
KKIR RKKW WO OO OD D SST
R CR ID ID C D DAAV CR RAA C C CLLAAR
SSQQ E AAR MM DDUU
DO OU UG GLLAA SS SST
KK Q CC SSQ REE MAA DUU
N NEEW WTTO N N STT M MC CLLEE AAN N AVV JEEFF EE FFEER RY SS TT EE H HAM AAV MPPD EESS EEN N SSTT M L L K K C C HOO Q Q S S RREE MAA DO DDUU D ON NNEE LLLYY SST EELLIIZZ D DO ON NN AA LLN NEEL N LLYY S TT
DDR
KKEN NN NEED DYY SS TT N AALLD DREE D D AAVV E
JJO OAN N PPLL N NO OR RTTH H SSTT
IISSHBB EELLL D DR R ISSH H B B EELLLL C CEEN D DR TTEEN R ER RSSKK N NIIAALL IIN NE SS C CLL TT
M MAAC CD DO ON NAALLD DD DR R
TTAYY LLOR R SSTT TTAAYY H HIILD LLOR DAA AA R STT VVEE
W WAAT SSO ON AAVVEE
DR LL DR EE HILL TREE PLEE TR APPL
RRO OCC D DAAW KVV WSSO ALL N N AVV EERR EE DD
EE AAL KKVV C C ROO
RRDD
Page 4
CKK QC SSQ AAREE M M U D DU
CCKK
2.8
Construction Certificates and the obligation of accredited certifiers Unless otherwise stated in a development consent condition, a Certifying Authority must not issue a Construction Certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of monetary contributions has been satisfied. In particular, the Certifying Authority must ensure that the applicant provides a receipt(s) confirming that contributions have been fully paid and copies of such receipts must be included with copies of certified plans provided to the Council in accordance with clause 142(2) of the Environmental Planning and Assessment Regulation 2000. Failure to follow this procedure may render such a Certificate invalid. The only exceptions to the requirement are where works-in-kind, a material public benefit, dedication of land or a deferred payment arrangement has been agreed by the Council. In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.
2.9
Complying Development Certificates and the obligation of accredited certifiers In accordance with section 94EC of the Environmental Planning and Assessment Act 1979, accredited certifiers must impose a condition requiring monetary contributions in accordance with this Development Contributions Plan. The conditions imposed must be consistent with Council’s standard section 94 consent conditions and be strictly in accordance with this Development Contributions Plan. Council’s standard section 94 consent conditions may be obtained from Council’s Development Control Unit by emailing [email protected] or phoning (02) 6770 3600. It is the professional responsibility of accredited certifiers to accurately calculate the contribution and to apply the section 94 condition correctly.
2.10 Deferred or periodic payments Deferred or periodic payments of contributions may be permitted in the following circumstances:
compliance with the provisions of Clause 2.7 of this plan is unreasonable or unnecessary in the circumstances of the case,
deferred or periodic payment of the contribution will not prejudice the timing or the manner of the provision of public facilities included in the Works Program,
where the applicant intends to make a contribution by way of a planning agreement, works-in-kind or land dedication in lieu of a cash contribution and Council and the applicant have a legally binding agreement for the provision of the works or land dedication, or
there are circumstances justifying the deferred or periodic payment of the contribution.
If Council decides to accept deferred or periodic payment, it may require the applicant to provide a bank guarantee for the full amount of the contribution or the outstanding balance on condition that: (a) the bank guarantee be for the amount of the total contribution, or the amount of the outstanding contribution, plus 20% or such lesser amount as determined by Council in the particular circumstances; Development Contributions Plan – Cookes Road Bridge Upgrade
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(b) the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work; (c) the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development; (d) the bank's obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required; and (e) where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid. 2.11 Staged development In some circumstances, such as subdivision in urban release areas, it may be unreasonable to require the payment of the full contribution amount up-front. In the case of staged development, Council may consider payment of contributions in stages, with the contribution amount payable being proportional to the demand generated by that stage. 2.12 Settlement of the contribution Development contributions required under this Plan may be settled by: (a) payment of a monetary contribution to Council; or (b) provision of “in-kind” contribution by the applicant in lieu of all or part of the monetary contribution (i.e. the applicant completes part or all the work identified in the Plan). Council may consider an “in-kind” contribution in the following circumstances: (a) the value of the works to be undertaken is at least equal to the value of the contribution that would otherwise be required under this plan; (b) the standard of the works is to Council’s full satisfaction; and (c) the provision of an “in-kind” contribution will not prejudice the timing or the manner of the provision of public facilities identified in the works program. The value of the works for an “in-kind” contribution must be provided by the applicant at the time of the request and must be independently certified by a Quantity Surveyor who is registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate equivalent qualifications. Council will require the applicant to enter into a written agreement for the provision of the works. Acceptance of any such alternative is at the sole discretion of Council. Council may waive or reduce the contributions that would normally apply under this Development Contributions Plan under extraordinary or particular circumstances, for example the development is affordable housing or short term family/crisis housing. Claims to waive or reduce applicable contributions must be lodged with the development application for the proposal by or on behalf of:
the Crown or Council, where the project is undertaken on a ‘non-commercial’ (non-profit) basis, or
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a registered charity or non-profit-making organisation.
To be eligible for consideration under the terms of this provision, applicants must demonstrate, to the satisfaction of Council, that:
The project will provide a public benefit, primarily to the Armidale Dumaresq community (i.e. projects benefiting a wider community, such as University developments, will not be eligible); and
The absence of assistance under this policy would significantly affect the economic viability of the project, to the detriment of the proposed public benefit to be provided. Submissions are to be supported by professional valuation evidence on costs and returns of the project(s), and are to include all additional sources of public funding available to the project.
Waiving or reducing applicable contributions is at the discretion of Council. 2.13 Review of development contribution rates The contribution rates identified in this Plan will be indexed annually in accordance with the Consumer Price Index (All Groups) for Sydney (Catalogue No. 6401.0), which is published by the Australian Bureau of Statistics. The first indexation of contribution rates will be undertaken on 1 July 2014, and annually thereafter. In conjunction with the regular indexation, Council will carry out an annual review of the estimated cost of the public facility to be provided. 2.14 How are contributions adjusted at the time of payment? The contributions stated in a consent condition are calculated on the basis of the contribution rates applying at the time under this Development Contributions Plan. If the contributions are not paid within 12 months of the consent being granted, the contributions payable will be adjusted, based on annual indexation of the original contribution as set out in the development consent. The index adopted for the purposes of adjusting original contributions to determine the contributions applicable at the time of payment is the Consumer Price Index (All Groups) for Sydney (Catalogue No. 6401.0), which is published by the Australian Bureau of Statistics. 2.15 Are there allowances for existing development? Allowances or ‘credits’ for existing development are provided for when assessing the contributions to be levied for new development. An amount equivalent to the contribution attributable to any existing development on the site of a proposed new development will be allowed for in the calculation of contributions. Worked examples of how ‘credits’ are allowed for when calculating contributions are provided in Appendix A: Worked examples – ‘credits’ and calculating contribution rates of this Development Contributions Pan.
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2.16 Savings and transitional arrangements A development application which has been submitted prior to the adoption of this plan but not determined shall be determined in accordance with the provisions of the Development Contributions Plan applicable at the date of determination of the application.
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3. STRATEGY 3.1
Catchment Existing and future residential development of land shown on Map 1 will generate demand for, or benefit from, the upgrading of Cookes Road bridge over Dumaresq Creek, Armidale. The land subject of the plan as shown on Map 1 is hereinafter referred to as the Catchment for the proposed bridge upgrade.
3.2
Nexus Future residential development in the Catchment will, or is likely to require the provision of or increase the demand for upgrading Cookes Road bridge in order to facilitate road access to Armidale’s facilities and commercial centre. The upgrade involves replacing the current timber, single lane bridge with a reinforced concrete bridge, comprising:
2 lanes and a 2.0 metre wide pedestrian/cycleway
approximately 12 metres long and 9.2 metres wide with a minimum carriageway width (between kerbs) of 7.2 metres
similar deck level to the existing bridge.
The proposed bridge upgrade will:
3.3
improve Council’s current road network, thereby providing access to Armidale’s facilities and commercial centre,
be provided in a location of direct benefit to existing and future development in the Catchment, and
be constructed in 2016-2017 in order for future development in the Catchment to benefit from its provision.
Development Contributions Development contributions obtained under the provisions of this Development Contributions Plan will be used to upgrade the existing bridge across Dumaresq Creek at Cookes Road, Armidale, as indicated on Map 1. 3.3.1
Apportionment of costs
Provision of the bridge upgrade will benefit both existing road users as well as future residential development in the Catchment. Therefore, the cost of providing the bridge upgrade has been apportioned accordingly between existing development (to be met by Council) and future development (to be met by development contributions). The total cost (2013 figures) of upgrading the bridge is $417,105.
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The apportionment factor is based on existing traffic that uses the bridge (to be met by Council) and future demand that is likely to be generated by new development in the Catchment and use the bridge (to be met by development contributions). The demand is measured by the existing and estimated future traffic (daily vehicle trips) that use, or will use, the Cookes Road bridge. The apportionment factor for existing and estimated future traffic generated by new development in the Catchment is shown in Table 1. Table 1: Apportionment between existing and future demand
Existing traffic Estimated future traffic from new development in the Catchment Total traffic
3.3.2
Number (dvt) 1138
Apportionment factor (%) 38
1889
62
3027
100
Contribution rate
The formula for determining the development contribution rate is: Contribution per daily vehicle trip (dvt) = Cost of facility x Apportionment factor for new development Estimated dvt from new development in the Catchment Therefore, the contribution rate is: Contribution per daily vehicle trip (dvt)
= =
$417,105 x 62% 1889 $137
Contributions will be levied on residential development in the Catchment and will be applied at the time of subdivision or development of the land. Contributions will apply to new residential lots, dwelling houses, additional dwellings (e.g. dual occupancy), multi unit housing developments or other residential developments considered likely to increase the intensity of development and consequently the demand for road infrastructure. The relevant contribution rates are based on daily vehicle trips generated by different types of residential development and are shown in Table 2. ‘Credits’ for existing development are provided for when assessing the contributions to be levied for new development (refer to Clause 2.15 Are there allowances for existing development? and Appendix A: Worked examples – ‘credits’ and calculating contribution rates of this Plan). Council’s contribution towards upgrading the Cookes Road bridge will be $158,500 (2013 figures), which will satisfy the traffic demand generated by existing development using the bridge.
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Table 2: Contribution rates by different types of residential development Description
Daily vehicle trips
Contribution Rate $
Residential lot – residential zone
10
1,370
Dwelling house – residential zone
10
1,370
Residential lot – low density residential, environment protection and rural zones Dwelling house – low density residential, environment protection and rural zones Other forms of residential accommodation, such as residential flat buildings, multi dwelling housing, dual occupancies and semidetached dwellings: One bedroom Two bedrooms Three bedrooms Four or more bedrooms
9 9
4 5 5 6.5
1,233 1,233
548 685 685 890
The daily vehicle trips generated by different types of residential development are based on the Guide to Traffic Generating Development – Issue 2.2 (NSW Roads and Traffic Authority, October 2002).
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REFERENCES Department of Infrastructure, Planning and Natural Resources (July 2005, with updates December 2006), Development Contributions Practice Notes. Environmental Planning and Assessment Act 1979, www.legislation.nsw.gov.au Environmental Planning and Assessment Regulation 2000, www.legislation.nsw.gov.au NSW Roads and Traffic Authority (2002), Guide to Traffic Generating Development – Issue 2.2.
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APPENDIX A: WORKED EXAMPLES – ‘CREDITS’ AND CALCULATING CONTRIBUTION RATES When calculating the contribution rate for a proposed development, a ‘credit’ is allowed for existing development on the land subject of the application. An amount equivalent to the contribution attributable to existing development on the subject land is allowed for in the calculations. The following provides worked examples of how credits are allowed for when calculating the contribution rate for a proposed development.
Example 1.
Residential subdivision
It is proposed to carry out a 15 lot subdivision on 2 existing lots, both of which are vacant, in the residential zone. The contribution rate is $1,370 for each lot, less than the existing ‘credit’. Therefore, Contribution
Example 2.
= $1,370 x (15-2) = $1,370 x 13 = $17,810.
Multi dwelling housing
It is proposed to build 24 townhouses on 3 existing vacant lots in the residential zone. Ten (10) townhouses will be 1 bedroom and 14 townhouses will be 2 bedrooms. The relevant contribution rates are: $1,370 / lot (applicable to existing ‘credit’) $548 / 1 bedroom townhouse (applicable to new development). $685 / 2 bedroom townhouse (applicable to new development) The contribution to be levied on the proposed development is calculated by determining the rate for the new development less than the existing ‘credit’. Therefore, Contribution
= [(10 x $548) + (14 x $685)] – (3 x $1,370) = $5,480 + $ 9,590 - $4,110 = $10,960.
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