This Plan is called Shoalhaven Contributions Plan 2019.
The primary purpose of the Plan is to authorise:
to require a development contribution to be made towards:
Other purposes of the Plan are to:
This Plan applies to all land within the Shoalhaven LGA. A map of the land and five planning areas are shown in Figure 2.3.1. A list of the towns and villages which are located in the various planning areas is shown in Table 2.3.1.
Contributions payable to the Council under this plan are determined having regard to whether the development concerned is within a specific contribution project catchment identified in this plan. These contributions project catchments vary for each project and relate to planning areas shown in Figure 2.3.1 as well as smaller catchment areas.
The boundaries of these contributions project catchments are intended to align with the boundaries of land use zones under the Council's local environmental plan. However, the Council changes the boundaries of its land use zones from time to time through amendments to the local environmental plan. Where this occurs, this plan will apply as if the boundary of a contributions project catchment specified in this plan has been changed to align with the changed boundary of the land use zone.
Figure 2.3.1: Map of the City of Shoalhaven LGA showing its five planning areas.
|Planning area 1||Planning area 2||Planning area 3||Planning area 4||Planning area 5|
Old Erowal Bay
Table 2.3.1: Summary of Shoalhaven town and villages by planning area
A summary of the Shoalhaven's current population and population projections is shown in Section 3.1
of this Plan.
This Plan authorises the imposition of contributions on development which are imposed at the subdivision or consolidation of land stage where subsequent development demands the provision of community infrastructure.
Council or an accredited certifier will require contributions under this Plan for any type of development that is deemed to increase the demand for the items of community infrastructure included in this Plan.
Schedule 4 shows the categories of development that may be levied a contribution under this Plan.
The total development contribution imposed will depend on:
The sum of all contribution project rates relevant to a development type and development site can be calculated using the Contributions Calculator.
In most circumstances, only newly created residential lots or increase in intensity/change of residential land use will be levied a contribution. In most circumstances these contributions have been paid at subdivision, with the exception of the following:
Old subdivision properties (listed in Schedule 2 of this Plan) where the subdivision has been approved prior to 1993 and subsequent rezoning has occurred to permit development of the land. This includes land with a Village zoning as contributions have not been levied for these properties at subdivision.
Due to these properties having paid rates over many years which amounts to far more than a “one-off” contribution project payment for community and recreation facilities, these “old subdivision properties” only pay contributions at the development application stage for plan management, road, fire and drainage projects which is a consequence of rezoning.
Dual occupancy in old subdivision areas (where a second dwelling is proposed) or further subdivision is considered “new” development which will generate demand for additional community infrastructure. As a result full development contributions will apply.
Nebraska Estate, St. Georges Basin (listed in Schedule 2 of this Plan) is where rezoning of land has occurred after subdivision. Subsequently, Council and the subdivision landowners entered into a Deed of Agreement that requires all current development contributions to be paid at the time of development approval for a residential dwelling.
DCP 41 Area, Callala Bay (listed in Schedule 2 of this Plan) is where zoning of land to allow residential development occurred after subdivision. Subsequently, land identified in the now repealed Development Control Plan No. 41 - Callala Bay requires development contributions to be paid for all current projects at the time of development approval for a residential dwelling.
Corks Lane (contribution project 05ROAD2058) where the need for road improvement has arisen after subdivision has occurred, contributions for a defined usage catchment area have been applied and are noted on the relevant s10.7 planning certificates.
Development in accordance with State Environmental Planning Policy (Affordable Rental Housing) 2009 is charged on a per bedroom rate as per the rate for a dual occupancy development.
Commercial & industrial development
When commercial or industrial subdivision is proposed, contributions will be levied at a rate of 1 ET per lot created.
Additional contributions may be levied upon finalisation of a development application for a specific use of a lot (i.e. building, warehouse, storage facility, etc.) which is greater development than the original 1 ET credited to the lot. These contributions are levied as per the rate detailed in Section 3.7 of this Plan.
In circumstances when a mixed subdivision is proposed (i.e. combination of residential, commercial, etc.) contributions will be levied at a rate of 1 ET per lot created.
Additional contributions may be required upon finalisation of a development application for a specific use of a lot (e.g. building etc.) which is greater than the original 1 ET credited to the lot. These contributions are levied as per the rate detailed in Section 3.7 of this Plan. This may require separate contributions levied for each specific development type (i.e. separate contribution projects and rates for commercial & residential components).
The following Ministerial Directions details further exemptions that apply to this Plan:
In accordance with this policy, a social housing provider means any of the following:
a) The New South Wales Land and Housing Corporation,
b) The Department of Housing,
c) A community housing organisation registered with the Office of Community Housing of the Department of Housing,
d) The Aboriginal Housing Office,
e) A registered Aboriginal housing organisation within the meaning of the Aboriginal Housing Act 1998,
f) The Department of Ageing, Disability and Home Care,
g) A local government authority that provides affordable housing,
h) A not-for-profit organisation that is a direct provider of rental housing to tenants.
This Plan and its earlier versions replaced the original Shoalhaven Contributions Plan 1993 (as amended). Contributions collected but not yet expended, or contributions yet to be collected from current development consents issued under that Plan will be directed toward completing projects included in this Plan. Nothing in this Plan affects the operation and application of any other contributions plans that apply to land in the Shoalhaven LGA. This means that any condition of consent imposed in accordance with a contributions plan is not affected by the subsequent repeal of that plan.
This Plan supplements the provisions of, and should be read in conjunction with, the:
Land use terms used in this plan are defined in Shoalhaven LEP 2014 – see Schedule 4 of this Plan.
A development application or an application for a complying development certificate that has been submitted prior to this Plan becoming effective, but not yet determined, shall be determined in accordance with the provisions of the Plan which applied at the date of determination of the application or issue of the complying development certificate.