Section 94 of the Environmental Planning and Assessment Act, 1979 allows Council to charge developers contributions for public infrastructure necessary as a consequence of new development. Contributions may be in the form of cash payments, transfer or dedication of land to Council, or the provision of a material of public benefit (generally known as works-in-kind).
For Council to levy contributions, there must be a clear link between the proposed development and the need for the public infrastructure.
View Council's Section 94 Development Contributions Plans.
Click the below links for more information on each of the subjects-
Section 94A Levy Contributions Plan
The Section 94A Levy Contributions Plan (526.00 KB) applies to all land within Wyong Shire. It is applicable to both development applications and complying development applications, where the value of proposed development exceeds $100,001 and where there are no other Section 94 contributions imposed (as distinct from Water and Sewer Contributions payable under the Water Management Act 2000). The objective of the adopted Plan is to provide Council with an opportunity to ensure that appropriate development contributions can be levied on developments that currently do not pay contributions under Section 94, or pay a minimal contribution when compared to the size and value of the development.
The levies collected under the adopted Plan will assist in the future provision of The Art House, Wyong Shire Performing Arts and Conference Centre and the cycleway network. The rate of the levy will be 0.5% of the cost of development between $100,001 - $200,000 and 1% of the cost of development over $200,001.
Contributions for Secondary Dwellings (Granny Flats)
All Wyong Council’s Section 94 contributions plans provide that a secondary dwelling is 0.35 of a development unit (DU) for the purpose of calculating developer contributions (Note: a DU means the contributions unit that is based on a single standard dwelling or residential allotment or the equivalent in terms of demand for community infrastructure in the relevant district).
The definition of a secondary dwelling is as per the Wyong Local Environment Plan 2013.
“Secondary dwelling” means a self-contained dwelling that:
- is established in conjunction with another dwelling (the principal dwelling), and
- is on the same lot of land as the principal dwelling, and
- is located within, or is attached to, or is separate from, the principal dwelling, and
- total floor area (excluding area for parking) must not exceed whichever of the following is the greater:
- 60 square metres,
- 30% of the total floor area of the principal dwelling.
Water and Sewerage Contributions
The Water Supply and Sewerage Development Servicing Plan (DSP) details the contributions that are required to be paid by developers towards the provision of water supply and sewerage infrastructure. These contributions are levied under the Water Management Act 2000.
The DSP was updated during 2014 in accordance with IPART’s methodology and included the rationalisation of the number of DSP areas.
See the Water and Sewerage contributions page for full documentation and more information.
What is a developer contribution?
Developer contributions are generally monetary payments required to be made to Council so it can upgrade and provide infrastructure and facilities to cater for the demands generated by development. Contributions can also be made by way of land dedications and works-in-kind in specific circumstance.
Contributions are collected for the embellishment of public open space, community facilities, the public road network, drainage, water quality, environmental protection and public car parking in accordance with development contributions plans prepared and adopted under the Environmental Planning and Assessment Act, 1979.
Contributions are collected for water supply and sewerage headworks under the Water Management Act, 2000.
To obtain a copy of any of the contributions plans, contact Council's Property Development Unit. Alternatively, you may view an electronic version of the contributions plans here. The amounts of contributions that are payable, and the works that the monies are used to fund, are set out in contributions plans that have been adopted under the Environmental Planning and Assessment Act, 1979.
How much are the contributions?
Council indexes and adjusts Section 94 contribution rates quarterly, in accordance with publication of the Consumer Price Index (CPI) published by the Australian Bureau of Statistics (ABS). This occurs on 1 February, 1 May, 1 August, and 1 November each year.
Council will confirm the fees payable upon determination of an application. Download a copy of the Section 94 rates - residential development by district.
The contributions for water and sewer in accordance with the Water Management Act are indexed annually on 1 July by the CPI rate supplied annually by the Independent Pricing & Regulatory Tribunal (IPART).
When are contributions payable?
Payment of contributions is required at specific points of the development process. For development consents:
- Involving subdivision, payment is required prior to the release of the Subdivision Certificate
- Involving building work, payment is required prior to the release of the first Construction Certificate
- Involving both subdivision and building work, payment is required prior to the release of the Subdivision Certificate or the first Construction Certificate, whichever occurs first
- Where no Construction Certificate or Subdivision Certificate is required, payment is required prior to issue of the first Certificate of Occupancy
How can contributions payments be made?
Following are the options for making contributions payments:
Contributions can be paid by cheque/s presented for the amount payable and made out to “Wyong Shire Council”. Please ensure that the application number and description of payment are clearly described on any documentation attached to the cheque/s, e.g. “DA/100/2012 – Contributions payment”. Cheques can be sent by post, or presented in person to the cashier at Wyong Council Chambers located in Hely Street, Wyong.
Online / Internet
Contributions can be paid by credit card online at Council’s webpage here. You will need the Application Key number (located on the Development Consent), and the total amount payable (including any relevant indexation) to complete an online payment.
Note: the application key number is not available for privately certified Complying Development Certificates.
Cash / Pay in Person
Contributions can be paid in cash to the cashier at the Wyong Council Chambers located in Hely Street, Wyong. Please ensure that the Application Number and description of payment are clearly described. e.g “DA/100/2012 – Contributions payment”.
Electronic Funds Transfer (EFT)
Contributions can be paid via EFT (for Council applications or for quotes issued) by following the steps below:
1. Deposit the money into Council's bank account as follows:
- Bank: Westpac
- BSB: 032 528
- Account Number: 000080
- Account Name: Wyong Shire Council
- Payment Reference: (please quote DA number)
2. Send an email to email@example.com outlining the following:
- payment amount
- date of deposit
- what it was for (e.g. “contributions payment for DA 100/2012”)
- requesting a receipt from Council for the payment, once received
How are contributions used?
Contribution funds are used by Council to provide infrastructure and facilities generally in accordance with the works program contained in each plan. The priorities for the plans are outlined in the Wyong Shire Council Strategic Plan.
Some of the major commitments for 2015-16 include:
- Performing Arts & Conference Centre - Wyong
- Tunkawallin Oval - Gwandalan
- Smart Hub Education Precinct - South Warnervale
Section 93F of the Environmental Planning and Assessment Act, 1979, refers to Voluntary Planning Agreements (VPAs). A VPA is a voluntary arrangement between a developer and one or more Council’s and/or other planning authorities, where the developer agrees to: dedicate land free of cost, pay a monetary contribution or provide any other material public benefit, or any combination of them. This will be used or put towards public infrastructure or another public purpose. Council’s Planning Agreements Policy (48.20 KB) sets out the principles and procedures relating to the use of Planning Agreements.
Additional information can be obtained within the:
Take a look at these websites for more information: