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IC-N1861_MCU22-0171_128 Gympie Tce NOOSAVILLE [As Published]
PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
INFRASTRUCTURE CHARGES NOTICE
CE Cullen & M Cullen
To:
C/- Mallee Group Pty Ltd Infrastructure Charges Notice No: N1861
4 Lalwinya Street Revision: 0
BUDDINA QLD 4575
Date of Issue: 19 April 2023
Email: [email protected]
Notice is hereby given that this infrastructure charge notice is levied by the Noosa Shire Council on the
described land in accordance with the planning legislation applicable at the time of issue.
DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Development Approval Reference: MCU22/0171
Land / Property Address: 128 Gympie Tce NOOSAVILLE QLD 4566
Real Property Description: Lot 1 MCH 3881
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
• Noosa Shire Council Charges Resolution (No.7) 2022 (effective 19 August 2022)
*NET INFRASTRUCTURE CHARGE PAYABLE = $10,630.00
Planning Regulation at
*Current at: 2022-2023 Financial Year
*SUBJECT TO AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation to the time of making
payment. Indexation is applied annually per Financial Year using variations applicable to the “maximum
amount” possible to be issued under the Planning Regulation 2017 as amended in accordance with the
legislation from the stipulated base date to the time of issue and payment.
NOTE:
• The Council Infrastructure Charges calculation details are provided on page 3 of this notice.
• Separate Infrastructure Charges may be issued by Unitywater as applicable.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
The Infrastructure Charge is to be paid to NOOSA COUNCIL as follows:
DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
When the change happens
Material Change of Use
(i.e. on completion of development &/or commencement of use)
*CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.
Further information on Infrastructure Charges is available on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 1
Document Set ID: 22378752
Version: 1, Version Date: 19/04/2023
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REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
A levied charge is, for the purpose of its recovery, taken to be rates of the local government that levied
the charge. Within the meaning of the Local Government Act, this means:
a. an infrastructure charge may be recovered by court action for a debt;
b. an infrastructure charge may be recovered from the person for the time being owning the
relevant land, regardless of who was the owner or other person upon whom the charges was
imposed;
c. Interest is payable on overdue payments; and
d. If charges are unpaid for 3 years, the land can be sold to recover the outstanding charges.
INTEREST ON OVERDUE CHARGES:
Compound interest calculated daily at the rate stated in “Council’s Revenue Statement” is payable on
all overdue infrastructure charges outstanding after the due date for payment stated in the charges notice.
GOODS AND SERVICES TAX:
The federal government has determined that rates and utility charges levied by local government will
be GST free. Accordingly, no GST is included in this infrastructure charges notice.
INFRASTRUCTURE CHARGES ENQUIRIES:
Enquiries regarding this infrastructure charges notice should be directed to Council’s office:
• Phone (07) 5329 6211 or 5329 6449 during office hours; or
• E-mail: [email protected]
METHODS OF PAYMENT:
Cheque or money order to be made payable to: Noosa Council
Mail
PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
In Person
Office hours: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Payment by electronic transfer direct to Council’s Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]
SPECIAL NOTES:
The development is on a current vacant lot.
However, a credit has been given for the previous lawful use = Motel (12 x 1-bed units + 2 x 2-bed units + 1 x 3-
bed managers unit) over 3 lots and applied according to the lot areas as follows:
• 128 Gympie Tce = 556 m2 lot area = 26% credit allocation
• 130 Gympie Tce = 542 m2 lot area = 25% credit allocation
• 132 Gympie Tce = 1,040 m2 lot area = 49% credit allocation
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 2
Document Set ID: 22378752
Version: 1, Version Date: 19/04/2023
Page 3
INFRASTRUCTURE CHARGE CALCULATION DETAILS:
The infrastructure charge is calculated in accordance with Council’s Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the planning legislation and regulations applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.7) 2022 (Effective 19 August 2022)
Planning Regulation 2017 &
The Noosa Plan 2020
Current at: 1 July 2022 for the 2022-2023 Financial Year
Column 1b Column 2 Column 3 MCU22/0171
COUNCIL COUNCIL
Planning Regulation 2017 COUNCIL CHARGE CALCULATION
APPORTIONMENT CHARGE
Schedule 16 Prescribed amount NET
Use
(As inserted by the “Planning Legislation (Fees and Other (per Charges breakup agreement APPROVED EXISTING CHARGE
CHARGEABLE
Amounts) Amendment Regulation 2021”) of Prescribed amount) QTY QTY AMOUNT $
QTY
Residential uses
for each dwelling with 3 or more bedrooms $31,080.00 60% $18,648.00 2 2 $37,296.00
1 Dwelling house
for each dwelling with 2 bedrooms $13,320.00 0 $0.00
2 Dual occupancy
3 Caretaker’s accommodation for each dwelling with 1 or less bedrooms
4 Multiple dwelling $22,200.00 60% $9,067.80 0 $0.00
(Council reduced rate by -31.9%)
for each dwelling if Secondary dwelling to
$6,619.70 0 $0.00
Dwelling house (Council reduced rate by -50.3%)
Sub-Total, Residential = $37,296.00
Calculation at
Planning
Regulation
2022-2023
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $37,296.00
Transport and/or Stormwater network service reductions due to
Location $0.00
development location
Council Policy “Infrastructure Charges Rebates For Community
Rebate $0.00
Organisations”
REDUCTIONS
Trunk Infrastructure Offset $0.00
Apportioned previous existing lawful Motel credit over 3 lots =
Other $26,666.00
26% for 128 Gympie Tce
*NET INFRASTRUCTURE CHARGE PAYABLE = $10,630.00
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 3
Document Set ID: 22378752
Version: 1, Version Date: 19/04/2023
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PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
ADDITIONAL INFORMATION ON
INFRASTRUCTURE CHARGES NOTICE
1. PRELIMINARY
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development and are governed by “Charges Resolutions” adopted
by local government in accordance with the planning legislation and regulations current at the time of issue.
• Infrastructure Charges Notices are issued separately by both Council and Unitywater relating to
their specified “Trunk” infrastructure networks.
2. DEVELOPMENT ASSESSMENT, DECISION AND REASONS FOR ISSUING CHARGE
The planning legislation provides for the following:
a) authorises local governments to do either or both of the following for development approvals in relation
to trunk infrastructure—
(i) adopt, by resolution, charges for development infrastructure and levy the charges (Refer to the
"Noosa Shire Council Charges Resolution” under which the infrastructure charge was issued);
(ii) impose particular conditions about development infrastructure; and
b) authorises local governments, for non-trunk infrastructure, to impose particular conditions about
development infrastructure; and
c) provides for a regulation to govern local government adopted charges and charges by distributor-
retailers under the SEQ Water Act for trunk infrastructure.
The triggers for issuing infrastructure charges are generally triggered by the issue of a development permit
for either:
(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works; or
(4) Other development.
Infrastructure charges are not imposed by condition on a development permit - they are an action that follows
the issue of a permit. So consequently, charges may be imposed in cases where a development permit for a lot
reconfiguration or material change of use of premises has previously been granted, but a development permit
for building works is yet to issue.
Council’s decision and reason/s for issuing the infrastructure charge is because the development results in an
increase in the type/s and/or quantity in use/s on the site and therefore places additional demand on
infrastructure. The determination of additional demand on infrastructure correlates directly to the
infrastructure charge calculation undertaken in accordance with Council’s Charges Resolution and the planning
legislation. Refer also to Queensland State Government Fact Sheet: “Local government infrastructure
framework, Calculating additional demand and existing use credits”.
The Infrastructure Charges Notice includes “Special Notes” (if applicable) on page 2 and together with the
infrastructure charge calculation on page 3, provides full and factual details to enable the applicant to review
and if required, for making a submission to Council on the infrastructure charge issued in relation to any of
the following:
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 4
Document Set ID: 22378752
Version: 1, Version Date: 19/04/2023
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1. the types and quantities of uses approved by the development permit for the site which may relate to:
a. the total development of the site; or alternatively,
b. just the additional development to that existing on the site.
2. the types and quantities of existing or previously existing “lawful” uses to be used as existing credits
in calculations relating to the total development of the site (applying to calculations under 1. a. above);
3. offsets for “trunk” infrastructure that is contained in a development permit condition to be provided
by the development for crediting against the infrastructure charge calculation (if applicable); and
4. any other mitigating items (if applicable) that impact the net infrastructure charge amount payable.
Should the applicant believe these details to be incorrect or an omission exists, the applicant may make
representation/s to Council on the Infrastructure Charges Notice providing full supporting particulars with
documentation to enable review of the additional information to be conducted. Where representations are
agreed and verified as being correct, the representation/s will form the basis for a negotiated/amended
infrastructure charges notice to be issued as applicable.
Under the planning legislation, a levied charge paid to a local government must be used to provide trunk
infrastructure. Council’s planning scheme identifies trunk infrastructure in Schedule 9.2-Schedule of Works
of its Local Government Infrastructure Plan (LGIP). https://www.noosa.qld.gov.au/view-the-noosa-plan
3. FURTHER INFORMATION & INFRASTRUCTURE CHARGES ENQUIRIES
Further information on Infrastructure Charges is provided for viewing on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to Noosa Council’s office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
(2) Unitywater Infrastructure Charges enquiries should be directed to Unitywater’s office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
5. RIGHTS OF APPEAL
Prior to making an appeal about an infrastructure charge notice, the recipient must first suspend the
appeal period and make written representations to Council about the infrastructure charges notice in
accordance with the planning legislation. Full particulars with supporting documentation must be provided
by the recipient to enable Council’s assessment of the representation to occur.
If Council agrees or agrees in part with the representations, a Negotiated/Amended Infrastructure
Charges Notice will be issued accordingly with details of Council’s decision.
If Council does not agree with the representations, the Infrastructure Charges Notice issued remains
unchanged and details of Council’s decision will be provided.
The appeal period for the infrastructure charges notice starts again when Council gives the decision notice
about the representations to the recipient.
The applicant may appeal against Council’s decision on representations and a copy of the relevant appeal
provisions from the Planning Act 2016 is provided on the following page.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 5
Document Set ID: 22378752
Version: 1, Version Date: 19/04/2023
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PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 6
Document Set ID: 22378752
Version: 1, Version Date: 19/04/2023