Developer Contributions

Developer Contributions

Council is able to obtain funding for infrastructure and facilities through:

  1. Section 94 Contributions
  2. Section 94A Contributions, and
  3. Voluntary Planning Agreements (VPAs).

Section 94 & Section 94A of the Environmental Planning and Assessment Act 1979 allows Councils to levy developers for contributions towards public amenities and services required as a consequence of development. This may be the provision of new facilities for an area or the expansion of existing facilities where an area is growing.

The Section 94 Contributions plans and Section 94A Contributions plans and Section 94A are public documents that outline the process for collecting, administering and spending the funds.

Kogarah Section 94A Development Contributions Plan 2014

The Kogarah Section 94A Development Contributions Plan 2014 which takes effect from 1 January 2015 authorises a condition of Development Consent or a Complying Development Certificate to require the payment of a fixed levy based on a percentage of development cost.

Levies paid to the Council will be applied towards the provision, extension or augmentation of public facilities, or towards recouping the cost of their provision, extension or augmentation.

The Kogarah Section 94A Plan applies the following levies to development (based on the estimated cost of development):

  • Development costs up to and including $100,000 will be subject to no contribution levy.
  • Development costs valued between $100,001 and $200,000 will be subject to a levy of 0.5%.
  • Development costs valued over $200,000 will be subject to a levy of 1%.

Cost Summary Report

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 Section 94A levy.

A cost summary report or a detailed cost summary report as provided in the Plan must accompany each Development Application and Complying Certificate Application.

Schedule A Cost Summary Report - for proposed development cost that is up to and including $750,000

Schedule B Detailed Cost Report - for proposed development cost that is in excess of $750,000

Section 94 Contributions

The following Section 94 Plans apply:

Section 94 Plan No 1 - Roads and Traffic

Section 94 Plan No 5 - Open Space

Section 94 Plan No 8 - Kogarah Town Centre

Section 94 Plan No 9 - Kogarah Libraries

Section 94 Plan - Ramsgate Centre

The following Section 94 Plans have been repealed and no longer apply:

Section 94 Plan No 4 - Hurstville Town Centre

Section 94 Plan No 6 - Hurstville South Area