Local Infrastructure Contributions and Planning Agreements

Development contributions

The Environmental Planning and Assessment Act 1979 enables councils or other consent authorities to levy contributions for public amenities and services required as a consequence of development.  

Development Contributions are prepared in accordance with the requirements of the EPA Act, and associated regulations.

Section 7.11 Contributions towards provision or improvement of amenities or services

Some developments require a financial contribution to Council to aid the provision of infrastructure, public amenities and services in the local area as a direct result of new development. 

Section 7.12 Fixed development consent levies

The Section 7.12 Levy Contribution Plan(PDF, 3MB) applies to all forms of development not otherwise covered by an existing development contributions plan or planning agreement e.g. 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

Contributions imposed by a condition of development consent are subject to the Consumer Price Index (CPI). Indexation will be applied in line with the most recent ABS quarterly CPI. The contribution payable will not be less than the contribution specified on the development consent.

A detailed list of past CPI releases, and the dates of the next release can be viewed at ABS - Consumer Price Index.

Savings and transitional arrangements

A development application submitted prior to the adoption of contribution plans and/or agreements, but not determined, shall be determined in accordance with the plan/agreement which applied at the date of determination of the application.

Adopted Section 7.11 Contribution Plans

The City Wide Infrastructure Contributions Plan 2020(PDF, 40MB) was adopted at the Ordinary Meeting of Council on 20 May 2020 and comes into force on 1 July 2020.

The Plan provides a complete review of all Section 7.11 plans that have been adopted by Council, including updates administration clauses, demographics and works schedule and provides a mechanism for Council to impose a condition of development consent requiring payment of a contribution.

The City Wide Infrastructure Contributions Plan 2020 repeals and replaces the following plans:

Repealed Contributions Plans

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
  • the capital cost and land costs keep place with the actual costs of infrastructure, public amenities and services.

Planning agreements

A planning agreement is an agreement between the planning authority (Council or the Department of Planning, Infrastructure and Environment and the developer. Under a PA the developer agrees to provide or fund:

  • infrastructure, public amenities and services
  • affordable housing
  • transport or other infrastructure

Council has entered into several Planning Agreements under section 7.4 Planning agreements of the Environmental Planning & Assessment Act 1979:

Planning Agreements

More information: 

For more information or contribution fee quotes, please email contributions@cessnock.nsw.gov.au.

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