Section 94 of the Environmental Planning and Assessment Act 1979, allows a consent authority, such as Council, to recover costs of infrastructure and facilities provided by the Council to meet the demands of future development. The range of public facilities identified under Council’s Contribution Plans include acquisition and embellishment of open space, community facilities, cycleways, urban roads and car parking. The costs of studies undertaken to create a developer contributions plan are also recoverable.
Developer Contributions can be received either as a cash payment, land dedication, works in kind or a material public benefit. Council can also partly or wholly recoup funds that have been spent if those funds were spent to provide for demand (or a component of that demand) ahead of the demand occurring.
For details of Developer Contributions, please consult page 40 of the Schedule of Fees and Charges.