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Note: Changes to the location of Voluntary Planning Agreement (VPA) and Section 94/94A references in the amended Environmental Planning & Assessment Act 1979
From 1 March 2018, changes to the Environmental Planning & Assessment Act 1979 (Act) resulted in a re-ordering of sections in the Act as identified in the table below:
|
Previous section of the Act |
Description |
Updated section reference in the Act |
|
93F |
Planning agreements |
7.4 |
|
94 |
Contribution towards provision or improvement of amenities or services |
7.11 |
|
94A |
Fixed development consent levies |
7.12 |
The Act provides that a reference to an old section is a reference to a new section so that current plans/policies can continue to be used.
Council will update relevant plans, policies and forms over time.
Levy
A development contribution levy is a fee to be paid by any person undertaking a new development.
The money is used to provide improved or increased public infrastructure and facilities in accordance with the Environmental Planning Assessment Act and Regulation.
The levy applies to all new developments, including:
- complying developments within the Parramatta Local Government Area (LGA) and is calculated in accordance with Council's Development Contribution Plans (both Section 94 and 94A)
- contribution plans inherited as a result of local government amalgamations which occurred on 12 May 2016 as a result of the Local Government (City of Parramatta and Cumberland) Proclamation 2016.
Outstanding development contributions are indexed each quarter in accordance with movements in the Consumer Price Index (CPI).
Levies are required to be paid prior to the issue of a complying development certificate or construction certificate, or in the case of subdivision, prior to the issue of a subdivision certificate.
Development contribution plans
(Back to top)The Development Contributions Plan map shows which development contributions plan applies to land within the City of Parramatta LGA.
Land previously within the Parramatta LGA will have the Parramatta section 94A Development Contribution Plan (Amendment No. 5) or Parramatta CBD 7.12 Development Contribution Plan (Amendment No. 5) (in the case of the Parramatta CBD) continuing to apply.
Land transferred from The Hills, Hornsby, former Holroyd and former Auburn LGAs to the City of Parramatta will have the section 94 and/or section 94A development contributions plans of the previous Council continuing to apply until City of Parramatta Council adopts new plan/s relating to these areas.
A copy of the relevant development contribution plans and indexed s94 rates are listed below:
- Parramatta Section 94A Development Contribution Plan (Amendment No. 5)
- Parramatta CBD 7.12 Development Contribution Plan (Amendment No. 5)
- Auburn Development Contributions Plan 2007 Amendment No 1
- Auburn Section 94 Indexed Rates Sheet – December Quarter 2020 (effective from 27 January 2021)
- Holroyd Section 94 Plan 2013
- Holroyd Section 94 Indexed Rates Sheet – December Quarter 2020 (effective from 27 January 2021)
The Parramatta Section 94A Development Contribution Plan (Amendment No. 5) will continue to apply to that land that was previously located within the former ‘Woodville Ward’ of Parramatta (including parts of Chester Hill, Granville, Guildford, Merrylands and South Granville, which has now transferred to Cumberland Council) until such time as a new development contributions plan is created by Cumberland Council and simultaneously repealed by the City of Parramatta in respect of that land.
Development cost for section 94A development contributions
(Back to top)Development contributions levied under section 94A of the Environmental Planning & Assessment Act are calculated based on the cost of development as set out in Section 25J of the Environmental Planning & Assessment Regulation.
Where a section 94A development contribution applies to a development application (DA) or complying development certificate (CDC), detailed cost information or a quantity surveyors report should be provided as outlined in Council’s detailed cost estimate form.
Voluntary planning agreements
(Back to top)Voluntary planning agreements (VPAs) may be accepted as an alternative to development contributions.
A VPA is an agreement entered into by Council and a developer during Council's consideration of a rezoning application (planning proposal) or a development application.
VPAs can either be in lieu of or in addition to a development contribution payment and this will be negotiated as part of the VPA.
Council has adopted the Parramatta Voluntary Planning Agreements Policy.
Making an offer
If you wish to make an offer to Council to enter into a Planning Agreement the offer should be made using Council’s letter of offer template.
Council has also prepared template documents for the draft legal agreement and explanatory note which must be prepared as part of the Planning Agreement process and which should be reviewed before you make any offer to Council.