Development Contributions - Practice Notes
Circulars, practice notes, guidelines
Development contributions system
To ensure growing and changing communities have adequate public amenities and services, consent authorities are able to impose levies on new development. Development contributions (monetary or in-kind) can be used to help provide for parks, local road improvements, libraries, community centres and the like. The Environmental Planning and Assessment Act 1979 outlines how the development contributions system in NSW works.
Development contribution reforms
In February 2008, the Minister for Planning wrote to all councils across NSW to further explain the NSW Government’s position on infrastructure contributions. [PDF]
This followed a planning circular giving early advice about changes to improve housing affordability issued in November 2007. [PDF]
Ministerial directions section 94E (EP&A Act)
The Minister for Planning, under section 94E of the Environmental Planning and Assessment Act 1979, may issue general or particular directions to local councils in relation to development contribution levies they may impose.
- Section 94E direction - 14 September 2007 [PDF]
- Section 94E direction - 10 November 2006 [PDF]
- Planning circular - Changes to the application of section 94A of the EP&A Act – ministerial direction (issued 6 December 2006) [PDF]
Development contributions practice notes
Introduction
- Cover [PDF]
- Contents - list of practice notes - July 2005 [PDF]
- Introduction to the practice notes - July 2005 [PDF]
Development Contributions Plans - Section 94
- Development contributions as a method of funding public infrastructure - July 2005
[PDF] [RTF] - Principles underlying development contributions - July 2005 [PDF] [RTF]
- Purpose of a development contributions plan - July 2005 [PDF] [RTF]
- Application of a section 94 development contributions plan - July 2005 [PDF] [RTF]
- Relationship between expected development and demand - July 2005 [PDF] [RTF]
- Determining rates for different types of development - July 2005 [PDF] [RTF]
- Works schedules and mapping - July 2005 [PDF] [RTF]
- Public exhibition and adoption - July 2005 [PDF] [RTF]
- Life of a development contributions plan, review and amendment - July 2005
[PDF] [RTF] - Adjustment of section 94 development contributions - July 2005 [PDF] [RTF]
- Financial management of development contributions - July 2005 [PDF] [RTF]
- Exemptions, discounts, credits and refunds - July 2005 [PDF] [RTF]
- Accountability and reporting - July 2005 [PDF] [RTF]
Key concepts and principles
Preparing a section 94 development contributions plan
Review, accountability and reporting
Section 94 contributions plan template
Development Contributions Plans - Section 94A
- Section 94A development contributions plans - December 2006 [PDF] [RTF]
- Template for a section 94A development contributions plan - December 2006
[PDF] [RTF]
Planning agreements
Important note: These practice notes do not constitute legal advice. Users are advised to seek professional advice and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by the notes.