Development Contributions

Section 94 of the Environmental Planning & Assessment Act 1979 enables Council to seek contributions from developers where the development is likely to increase the demand for public facilities. The power to levy a Section 94 contribution relies on there being a clear link between the development being levied the contribution and the need for the public amenity or service for which the levy is required.

Section 94 contributions only apply to developments in the following 'growth areas':

• Land in West Cowra that is zoned R5 Large Lot Residential.

• Land in East Cowra that is zoned for R5 Large Lot Residential.

• Land in North Cowra that is zoned R1 General Residential.

• Land in the Yarrabilly Urban Release Area. 

• Land in the Campbell Street Urban Release Area. 

• Land in the Glen Logan Road IN1 Zone Urban Release Area. 

Please refer to Council's Section 94 Contributions Plan 2016 for further information about Section 94 contributions and to determine whether your land is located in a 'growth area'.

Section 94A of the Environmental Planning & Assessment Act 1979 also enables Council to seek contributions towards the provision, extension or augmentation of public facilities or toward recouping their costs.

A Section 94A contribution can be applied to development on any land in the Cowra Shire outside of the 'growth areas' to which to the Section 94 Contributions plan applies. Unlike Section 94 contributions, there does not have to be a clear link between the development being levied and the need for the public amenity or service for which the levy is required.

Please refer to Council's Section 94A Contributions Plan 2016 for further information.

Section 64 contributions are levied under the Local Government Act 1993 towards water and sewer infrastructure. Council must have a Developer Servicing Plan in order to levy a Section 64 contribution.

The Developer Servicing Plan for Water and the Developer Servicing Plan for Sewer enables Council to levy contributions where the anticipated development will or is likely to increase the demand for water or sewer supply services. Generally, additional capacity is required in these supply systems to accommodate the increased demands, and the contributions levied by Council will provide for that capacity.

FAQ's

Section 94 Contributions

Council will impose a Section 94 contribution on consents issued for the following types of development in the nominated growth areas:

• New subdivision lots that can accommodate a future dwelling.

• Construction of an additional dwelling or residential flat development.

• Development as provided for under State Environmental Planning Policy (Seniors Living) 2004.

Section 94A Contributions

Council will impose a Section 94A contribution on any development proposal where the estimated cost of works exceeds $100,000.

Section 64 Contributions

Where additional demand is placed on its system as a result of additional development connecting the water supply and / or sewerage system, Council will levy a Section 64 contribution. This may include

• Subdividing land.

• Erecting or extending commercial / industrial buildings.

• Erecting multiple residential dwelling units.

Section 94 Contributions

The Section 94 Contribution rates will differ depending on the 'growth area' where development is occuring. Contribution rates are summarised on pages 6 and 7 of Council's Section 94 Contributions Plan 2016.

Council should be contacted on (02)6340 2040 for further information about Section 94 Contribution rates.

Section 94A Contributions

Council will impose a 0.5% levy on new development where the cost of works are estimated at between $100,000 and $200,000.

For example, if the development cost is estimated at $150,000, then Council will charge the 0.5% levy on the total cost of works. Therefore the levy charged would be $750.00 being 0.5% of $150,000.

Council will impose a 1% levy on new development where the costs of works exceeds $200,000.

For example, if the development cost is estimated at $220,000, then Council will charge the 1% levy on the total cost of works. Therefore the levy charged would be $2200.00 being 1% of $220,000.

Section 64 Contributions

The Section 64 Contribution rates for water and sewer will differ depending on the location where development is occuring. Contribution rates for water and sewer are detailed on Page 204 of Cowra Council's 2017/2018 Revenue Policy.

Council should be contacted on (02) 6340 2070 for further information about Section 64 Contribution rates.

In most instances, the payment of Section 94 and Section 94A contribution will be required as a condition of a development consent. For subdivisions, the contributions must be paid to Council prior to the release of the final plans. For building works, the contributions must be paid to Council prior to the commencement of construction works.

Where Section 64 Contributions are required, these must be paid to Council prior to the connection of the development to Council's reticulated water and sewerage system.

Monies collected under Section 94 and Section 94A are pooled and directed towards a works schedule included in each relevant Contribution Plan.