Local Infrastructure Contributions Plan (s7.11/s7.12)

1. What Contributions Rates Apply?

Depending on the type of development, either s7.11 or s7.12 contributions will apply subject to the notes below:

Section 7.11 contribution rates

applies to residential development including subdivision resulting in additional dwellings / lots

Per resident*

Per secondary dwelling or seniors living self-contained dwelling

Per bedsit, studio (Apartment Type) or 1 bed dwelling

Per 2 bed dwelling

Per 3 or more bed dwelling / Per lot

$7,333.75

$11,045.37

$11,045.37

$15,544.09

$20,000.00**

* relevant to boarding houses, group homes and hostels

** Capped at $20,000 as per Ministerial Direction (issued on 21 August 2012)

Section 7.12 levy rates

applies to non-residential development; or 
residential development not resulting in additional dwellings / lots
(e.g. alts & adds or replacing an existing dwelling etc)

Development with cost of works:

For developments WITHIN Chatswood CBD area

For developments OUTSIDE Chatswood CBD area

= or < $100,000

Nil

Nil

$100,001 to $200,000

0.5% of that cost

0.5% of that cost

$200,001 to $250,000

1% of that cost

1% of that cost

$250,001 or >

3% of that cost

1% of that cost

Notes:

  1. mixed use development consists of a residential component will either be subject to s7.11 or s7.12 whichever yields the greater amount.
  2. The s7.12 levy rates operate similarly to Council’s previous s94A Plans (now repealed) which is based on the applicable % rates within or outside Chatswood CBD.

To find out the details of applicable contribution rates for specific types of development, see Tables 1, 3 & 4 of the Willoughby Local Infrastructure Contributions Plan 2019(PDF, 30MB).

2. Willoughby Local Infrastructure Contributions Policy and Plan 2019

Effected from 4 July 2019, Willoughby Local Infrastructure Contributions Policy and Plan 2019 is a mix of sections 7.11 and 7.12 contributions that applies to the whole Willoughby Council Area. The Policy and Plan outline the process for collecting, administering and spending the funds.

Council collects contributions to fund the provision, extension or augmentation of public facilities, or towards recouping the cost of their provision, extension or augmentation.

Willoughby Local Infrastructure Contributions Policy 2019(PDF, 133KB) outlines the purpose, principals, application and policy statement of the Plan 2019 in a summarised format. 

Under the legislative framework, Willoughby Local Infrastructure Contributions Plan 2019(PDF, 30MB) authorises a condition within a Development Consent or a Complying Development Certificate (CDC) to require either the payment of s7.11 or s7.12 contributions. This Plan:

  • contains the relevant tables of the contributions types (either s7.11 or s7.12) and the applicable rates as they apply to different types of development;
  • details when contributions will be imposed on developments and how and when developers can settle their development contributions obligations;
  • sets out the infrastructure works in respect to population demands which formed the basis of the works schedule

3. For Applications subject to s7.12 Contributions

Clause 25J of the Environmental Planning and Assessment Regulation 2000 sets out how the proposed cost of carrying out development is to be determined in relation to the s7.12 levy.

A cost summary report or a detailed cost summary report as provided in the Plan must accompany each DA and CDC Application.

4. Transitional Provisions

This Plan only applies to Development Application (DA) or CDC applications lodged on and after the effective date of this plan, being 4 July 2019.

This Plan does not apply to DA or CDC applications that have been lodged, but remain undetermined prior to 4 July 2019. Development contributions required under Chatswood CBD section 94A Development Contributions Plan 2011 and Willoughby City section 94A Development Contributions Plan 2011 (now repealed) continue to apply to these applications.

5. Exemptions

No contribution is payable for the following types of developments:

  1. Development for the purpose of the adaptive re-use of an item of environmental heritage;
  2. Public infrastructure to be carried out by or on behalf of any public authority including the Council
  3. Social housing and affordable housing;
  4. Development for the purposes of any form of seniors housing defined in SEPP (Housing for Seniors or People with a Disability) 2004 that is provided by a social housing provider;
  5. Development for public purposes that is provided by a registered charity;
  6. Development exempted from section 7.11 contributions or section 7.12 levies by way of a direction made by the Minister for Planning under section 7.17 of the EP&A Act 2019;