Development contributions are prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979) and the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation 2000). In preparing contribution plans and planning agreements Council has had regard to practice notes issued by the then, NSW Department of Infrastructure, Planning and Natural Resources (July 2005) in accordance with clause 26(1) of the EP&A Regulation.
Section 94 Contributions Plans
Some developments require a financial contribution to Cessnock City Council to aid the provision of infrastructure, public amenities and services in the local area as a direct result of new development.
Section 94A Levy Contribution Plan
The Section 94A Levy Contribution Plan applies to all forms of development not otherwise covered by an existing development contributions plan or planning agreement such as but not limited to, commercial, industrial, government agencies and mixed use development. (Note: The reference to planning agreement only relates to those agreements developed for the purpose of being an alternate to applying Section 94 contributions). Levies collected under this Plan will assist in the future provision of public domain works in Cessnock, Branxton, Kurri Kurri, Weston and village centres, street tree planting, civil works under the Pathways Construction Program, public art and plan administration.
Indexation of contributions
A contribution required by a condition of development consent imposed in accordance with an Section 94 contributions clan and/or planning agreement will require indexation between the date of the grant of the consent and the date on which the contribution is made. Indexation is based on the most recent quarterly Consumer Price Index (CPI) release made available by the Australia Bureau of Statistics (ABS). The contribution payable will not be less than the contribution specified on the development consent.
Monitoring and review
Contributions plans and planning agreements will be reviewed regularly to ensure that:
- They remain financially sustainable;
- They continue to address the priority infrastructure, public amenities and service needs generated by new development;
- They plan for and source complementary revenue streams in order to deliver the portion of the works schedule not met via development contributions;
- Public infrastructure will be delivered in a reasonable time;
- Contribution rates remain reasonable over time; and
- The capital cost and land costs keep place with the actual costs of infrastructure, public amenities and services.
Contributions will be adjusted in accordance with the consumer price index (CPI).
Savings and transitional arrangements
A development application which has been submitted prior to the adoption of contribution plans and/or agreements but not determined shall be determined in accordance with the provision of the plan/agreement which applied at the date of determination of the application.
Adopted Section 94 Contribution Plans
Cessnock City Council has prepared the following Section 94 Contributions Plans which levy contributions on development generally:
Unformed Roads Contribution District Maps
- East Branxton
- North Rothbury
- Stanford Merthyr
- Tourism Section 94 Contributions Plan
- Bellbird North Section 94 Contributions Plan
- Government Road, Cessnock Section 94 Contributions Plan
- Mount View Road, Millfield Section 94 Contributions Plan
- Averys Village, Heddon Greta Section 94 Contributions Plan
- Nulkaba Section 94 Contributions Plan
- Cessnock Section 94A Levy Contributions Plan 2017
A planning agreement (PA) is an agreement entered into by the planning authority (Council or the Department of Planning and Environment [DPE]) and the developer. Under a PA the developer agrees to provide or fund:
- Infrastructure, public amenities and services;
- Affordable housing; and
- Transport or other infrastructure.
Council adopted the Planning Agreement Policy on the 15 November 2017, the policy can be viewed below:
Council has entered into several Planning Agreements under section 93F Planning Agreements of the EP&A Act 1979. A register of these agreements, including copies of the documents is available below:
The following is a list of all Biodiversity Planning Agreements that apply to land within the Cessnock local government area. The information contained herein is current as of the 11 November 2016. For any changes that may have been made since the 11 November 2016 enquiries should be directed to the Office of Environment and Heritage.
State Planning Agreements can be obtained from the the NSW Department of Planning and Environment website http://vparegister.planning.nsw.gov.au/