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
- Bellbird North Section 94 Contributions Plan(PDF, 2MB)
- Government Road, Cessnock Section 94 Contributions Plan(PDF, 802KB)
- Mount View Road, Millfield Section 94 Contributions Plan(PDF, 564KB)
- Averys Village, Heddon Greta Section 94 Contributions Plan(PDF, 510KB)
- Nulkaba Section 94 Contributions Plan(PDF, 572KB)
- Section 94 Contributions Plan extension of Operations at Black Hill Quarry Parish of Stockrington 1995(PDF, 3MB)
- The Residential Section 94 Contributions Plan(PDF, 132KB) including the following unformed roads contribution district maps:
- Abermain(PDF, 99KB)
- Abernethy(PDF, 66KB)
- Bellbird(PDF, 106KB)
- East Branxton(PDF, 80KB)
- Ellalong(PDF, 83KB)
- Greta(PDF, 150KB)
- Kearsley(PDF, 76KB)
- Kitchener(PDF, 68KB)
- Millfield(PDF, 78KB)
- Neath(PDF, 67KB)
- North Rothbury(PDF, 68KB)
- Stanford Merthyr(PDF, 75KB)
- Wollombi(PDF, 89KB)
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
- Cliftleigh (Local Infrastructure) Planning Agreement(PDF, 8MB)
- Cliftleigh (Local Infrastructure) Planning Agreement - Deed of Variation(PDF, 14MB)
- Cliftleigh (Local Infrastructure) Planning Agreement - Deed of Variation 2(PDF, 165MB)
- Anvil Creek (Local Infrastructure) Planning Agreement(PDF, 2MB)
- Heddon Greta (Local Infrastructure) Planning Agreement(PDF, 2MB)
- West & Wyndham Streets, Greta (Local Infrastructure) Planning Agreement(PDF, 362KB)
- Bellbird Heights (Local Infrastructure) Planning Agreement(PDF, 983KB)
- Rose Hill (Local Infrastructure) Planning Agreement(PDF, 673KB)
- Kitchener (Local Infrastructure) Planning Agreement(PDF, 8MB)
- Huntee (Local Infrastructure) Planning Agreement(PDF, 3MB)
- Huntlee (Local Infrastructure) Planning Agreement - Deed of Agreement(PDF, 946KB)
- Huntee (Local Infrastructure) Planning Agreement - Second Deed of Agreement(PDF, 739KB)
- 1443 Wine Country Drive, Rothbury (Local Infrastructure) Planning Agreement(PDF, 1021KB)
- Battery Recycling Facility Kurri Kurri (Local Infrastructure) Planning Agreement(PDF, 3MB)
- 65 Abernethy Street Kitchener (Local Infrastructure) Planning Agreement(PDF, 1MB)
- Bailey's Lane (Local Infrastructure) Planning Agreement(PDF, 2MB)
- Black Hill (Local Infrastructure) Planning Agreement(PDF, 1MB)
More information:
For more information or contribution fee quotes, please email contributions@cessnock.nsw.gov.au.