Forums Posts

Search Forums:

Section 64 Developer Contributions for Secondary Dwellings pursuant to Clause 23 of SEPP (Affordable Rental Housing) 2009

Last Post 21/09/2018 12:20:01 PM by brett.corven@esc.nsw.gov.au. 3 replies.
Sort Posts:

Section 64 Developer Contributions for Secondary Dwellings pursuant to Clause 23 of SEPP (Affordable Rental Housing) 2009

17-09-2018 03:20 PM
 
Orange City Council
by Orange City Council
Joined 01-01-0001 12:00 AM
Posts 3
Not sure if anyone has encountered this Section 64 Developer Contributions loophole, but I will try and outline in this somewhat longwinded explanation:
  • Secondary dwellings (e.g. Granny Flats) may be complying development pursuant to Clause 23 of SEPP (Affordable Rental Housing) 2009
  • Pursuant to Clause 23(5) of SEPP (Affordable Rental Housing) 2009, a Complying Development Certificate (CDC) for a secondary dwelling is subject to conditions specified in Schedule 6 to SEPP (Exempt and Complying Development Codes) 2008
  • Schedule 6 to SEPP (Exempt and Complying Development Codes) 2008 is: Conditions applying to complying development certificates under the Housing Code and the Rural Housing Code
  • Schedule 6 to SEPP (Exempt and Complying Development Codes) 2008 includes Note 2 which states: [i]Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject[/i]
  • Division 2A Clause 136K of the Environmental Planning and Assessment Regulation 2000 provides that section 7.11 contributions are applicable and subject to conditions requiring payment The matter in point is whether [b]Section 64 Developer Contributions[/b] can be relevantly considered to comprise 7.11 Contributions under Clause 136KIf yes, it is reasonable to include the Section 64 Developer Contributions as a condition in a CDCIf no, is there some mechanism to require payment of Section 64 Developer Contributions under the Local Government Act (LGA) or other means? Does Council forfeit Section 64 Developer Charges for complying affordable housing?More information:Section 64 Developer Contributions are levied from Section 64 of the Local Government Act (Not EP&A Act) which in turn refers to Section 306 of the Water Management Act.Section 306(2) of the Water Management Act describes our (Authority) device to levy, being a Compliance Certificate.However, we don’t offer a Compliance Certificate under Clause 23 of SEPP (Affordable Rental Housing) 2009; the Priincipal Certifying Authority (PCA) does.Council therefore cannot capture Section 64 Water and Sewer Developer Contributions as this type of development bypasses the mechanics of the Local Government Act.Any feedback would be helpful.CheersWayna Beatty
  • Re: Section 64 Developer Contributions for Secondary Dwellings pursuant to Clause 23 of SEPP (Affordable Rental Housing) 2009

    18-09-2018 01:40 PM
     
    brendan.guiney@midcoastwater.com.au
    by brendan.guiney@midcoastwater.com.au
    Joined 26-04-2013 12:30 PM
    Posts 12
    Hi Wayne,Thanks to Riverina Water there is a way to close that loophole by invoicing developer charges as a 'Fee for Service' under Section 608 of the LG Act:http://www.lglegal.com.au/riverina-water-county-council-ats-nash-bros-builders-pty-ltd-2016-nswca-225/Having said that, our current Council policy waives developer charges on granny flats to encourage affordable housing!CheersBrendan GuineyDirector Water ServicesMidCoast Council

    Re: Section 64 Developer Contributions for Secondary Dwellings pursuant to Clause 23 of SEPP (Affordable Rental Housing) 2009

    19-09-2018 10:06 AM
     
    gamini.hemachandra@muswellbrook.nsw.gov.au
    by gamini.hemachandra@muswellbrook.nsw.gov.au
    Joined 23-10-2014 04:19 PM
    Posts 1
    Recovery of development servicing charges as a fee for service under the Local Government Act 1993Posted on October 13, 2015 by stuart simingtonPlease see the paper above by Stuart Simington on the recovery of DC as a fee

    Re: Section 64 Developer Contributions for Secondary Dwellings pursuant to Clause 23 of SEPP (Affordable Rental Housing) 2009

    21-09-2018 12:20 PM
     
    brett.corven@esc.nsw.gov.au
    by brett.corven@esc.nsw.gov.au
    Joined 13-11-2015 09:54 AM
    Posts 10
    Eurobodalla Shire Council does not charge S64 for secondary dwellings up to 60sp.m to encourage affordable housing within the shire.
    << back

    Login

    Suite 1202, Level 12, 32 Walker Street, North Sydney NSW 2060 | Phone (02) 9188 4390 © All Rights Reserved | Sitemap | Website by PDQ Design