Item 7.11 - Attachment 3

Proposed Amendments to Contribution Plans


Parramatta Civic Improvement Plan and Parramatta s94A Development Contributions Plan  (i.e. both plans)


1. Insertion of new clauses:


·   Ministerial Directions under Section 94E of the Act


Conditions authorised by this Plan are subject to any direction given by the Minister under Section 94E of the Act. This Plan authorises the imposition of conditions in accordance with any such direction.


·   Cost summary reports must accompany development applications or applications for complying development certificates


A development application or application for a complying development certificate is to be accompanied by a cost summary report that addresses the matters set out in clause 25J of the EP&A Regulation.


·   Certifying authority (Council or accredited certifier) must require payment of the levy as a condition of issuing a complying development certificate


If development consent has been granted to the carrying out of development subject to a condition authorised by this plan, then this plan requires a certifying authority (the Council or an accredited certifier) to issue a complying development certificate in respect of development to which this plan applies subject to a condition requiring the applicant to pay to the Council a levy in accordance with {insert relevant clause} of this plan.


If a Ministerial direction under s94E is in force, this Plan authorises the certifying authority to issue a complying development certificate subject to a condition which is in accordance with that direction.



Parramatta Civic Improvement Plan only


1. Insertion of new clauses:


·   Can deferred or periodic payments be made?


Deferred or periodic payments may be permitted in the following circumstances:

·     Where there is hardship demonstrated; or

·     For development in the B3 Commercial Core zone or B4 Mixed Use zone  that meets all criteria below:


a)   Predominantly commercial development (other than ground floor retail); and

b)   No residential component; and

c)   Has undergone an architectural design competition (in accordance with Council’s LEP); and

d)   Achieves a ‘5 star’ energy rating (NABERS or Green Buildings Council of Australia or similar); and

e)   Achieves an ‘A grade’ property rating (Property Council Criteria or similar).

Where a deferred or periodic payment is accepted, 50% of the required contribution will be required to be paid prior to the issue of a construction certificate, and the remaining 50% to be paid prior to the issue of any occupation certificate (interim or final) or as otherwise determined by Council.


Prior to the issue of a construction certificate Council will require the applicant to provide a bank guarantee to Council’s satisfaction for the outstanding balance.


The outstanding balance will continue to be indexed quarterly in accordance with movements in the Consumer Price Index (All groups Index) for Sydney issued by the Australian Statistician. Interest will be charged on the outstanding balance at time of staged/final payment in line with industry recognised investment benchmarks.


·   Construction certificates and the obligation of accredited certifiers

In accordance with clause 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied.


In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the council in accordance with clause 142(2) of the of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid.


The only exceptions to the requirement are where Council has agreed to a works in kind, material public benefit or dedication of land as alternatives to payment of the s94A levy. In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.


·   Pooling of levies


This plan expressly authorises section 94A levies paid for different purposes to be pooled and applied (progressively or otherwise) for those purposes. The priorities for the expenditure of the levies are shown in the works schedule.


2. Other amendments:


·   Amend Section 2 Where does this plan apply?(p38) to specifically make reference to development applications and complying development certificates within the Parramatta City Centre as detailed and provide reference a land application map to be included as an appendix. Also provide a note explaining that no increase in gross floor area relates to existing gross floor area, not demolition and construction of the same volume of floor space.


·   Amend Section 8. How and when will the levy be paid? (p39) to remove reference to deferred payments and this will be covered by the new clause above titled Can deferred or periodic payments be made?.


·   Amend works item 3.6 Car parking planning and redevelopment (p32) to correct the misdescription of Fitzwilliam Street car park which is known as Wentworth Street car park.




Parramatta s94A Development Contributions Plan


1. Other amendments:


·   Amend Appendix A to correct typographical error to of increase thresholds for Quantity Surveyors report from $500,000 to $750,000 (p8) and replace Schedule 1 Cost Summary Report (pp9-10) and Schedule 2 Registered Quantity Surveyors Detailed Cost Report (pp11-12)


·   Amended Schedule 3 Detailed Schedule of Works to number the individual work items.