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Item 7.11 - Attachment 3 |
Proposed Amendments to
Contribution Plans |
Parramatta Civic
Improvement Plan and
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.
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
· 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.
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.