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2019-09-10 P&E Agenda - Item 1 - Attachment 1 - Noosa Shire Council Charges Resolution (No 4) 2019
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Attachment 1 to Item 1
Planning & Environment Committee Agenda
10 September 2019
Noosa Shire Council
Charges Resolution (No.4) 2019
Effective Date: 23 September 2019
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Section 2
2
Noosa Shire Council
Charges Resolution (No.4) 2019
Noosa Shire Council
Charges Resolution (No.4) 2019
Contents
Page
Part 1 Introduction ................................................................................................................................. 4
1. Preliminary ................................................................................................................................... 4
1.1 Short title 4
1.2 Planning Legislation 4
1.3 Effect 4
1.4 Purpose of the resolution 4
1.5 Interpretation 4
2. Application of the adopted infrastructure charge ................................................................... 7
2.1 Purpose 7
2.2 Effect of the Chapter 4 of the Planning Act 2016 in the local government area 7
2.3 Application of the resolution to the local government area 7
2.4 Application to particular development 7
2.5 Categorisation of uses to development classes 8
3. Assumptions about future development .................................................................................. 8
3.1 Purpose 8
3.2 Development assumptions about future development 8
4. Priority infrastructure area ......................................................................................................... 8
4.1 Purpose 8
4.2 Priority infrastructure area 8
Part 2 Trunk infrastructure networks ................................................................................................... 9
5. Trunk infrastructure plans ......................................................................................................... 9
5.1 Purpose 9
5.2 Schedule of works for trunk infrastructure 9
5.3 Trunk infrastructure network systems and items 9
5.4 Trunk infrastructure plans 9
6. Desired standard of service ....................................................................................................... 9
6.1 Purpose 9
6.2 Desired standards of service for trunk infrastructure 9
7. Establishment cost for trunk infrastructure networks ............................................................ 9
7.1 Purpose 9
7.2 Establishment cost for a trunk infrastructure network 9
Council Resolution effective 23 September 2019
Section 3
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Noosa Shire Council
Charges Resolution (No.4) 2019
Part 3 Levied charge ............................................................................................................................ 10
8. Levied infrastructure charge.................................................................................................... 10
8.1 Purpose 10
8.2 Calculation of Council levied charge 10
8.3 Council adopted charge rate 12
8.4 Credit 13
8.5 Additional credit for past contribution or charge 13
9. Administration of levied charge .............................................................................................. 14
9.1 Purpose 14
9.2 Subsidy for a levied charge 14
9.3 Time of payment of a levied charge 14
9.4 Alternatives to paying a levied charge 14
9.5 Automatic increase provision of levied charge 14
10. Allocation of adopted infrastructure charge (breakup agreement) ..................................... 15
10.1 Purpose 15
10.2 Allocation of adopted infrastructure charge to the Council and the distributor-
retailer (breakup agreement) 15
10.3 Allocation of levied charge to trunk infrastructure networks 17
10.4 Schedule of Council Adopted Infrastructure Charges (under breakup agreement) 18
Part 4 Offset and refund for Council trunk infrastructure................................................................ 24
11. Infrastructure offset .................................................................................................................. 24
11.1 Purpose 24
11.2 Application of section 24
11.3 Establishment cost for an infrastructure offset 24
11.4 Recalculation of establishment cost for an infrastructure offset 24
12. Refund of an unused infrastructure offset ............................................................................. 26
12.1 Purpose 26
12.2 Application of section 27
12.3 Payment of a refund 27
13. Conversion Applications .......................................................................................................... 27
13.1 Purpose 27
13.2 Application of section 27
13.3 Conversion application process 28
13.4 Notice of decision 28
13.5 Effect of conversion application decision 28
13.6 Criteria for deciding a conversion application 28
Council Resolution effective 23 September 2019
Section 4
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Noosa Shire Council
Charges Resolution (No.4) 2019
Part 1 Introduction
1. Preliminary
1.1 Short title
The charges resolution may be cited as Noosa Shire Council Charges Resolution (No. 4)
2019.
1.2 Planning Legislation
(1) The resolution is made pursuant to section 113 of the Planning Act 2016.
(2) The resolution is to be read in conjunction with the following:
(a) the Planning Regulation 2017;
(b) the applicable local planning instrument.
(3) The resolution is attached to but does not form part of the applicable local
planning instrument.
1.3 Effect
The amended resolution has effect from 23 September 2019.
1.4 Purpose of the resolution
The purpose of the resolution is to assist with the implementation of the applicable local
planning instrument by stating the following:
(a) an adopted infrastructure charge for determining the levied charge for
funding part of the establishment cost of the following trunk infrastructure
networks:
(i) transport network;
(ii) public parks and land for community facilities network;
(iii) stormwater network;
(iv) water supply network;
(v) sewerage network;
(b) stating other matters relevant to the adopted infrastructure charge.
1.5 Interpretation
(1) In this resolution:
adopted charge rate means the charge to be applied for the purpose of
calculating a levied charge as stated in section 8.3 (Council adopted charge rate).
Council Resolution effective 23 September 2019
Section 5
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Charges Resolution (No.4) 2019
applicable local planning instrument means The Noosa Plan 2006 planning
scheme.
base date means the date being:
(a) The date for the financial year applying to the adopted charge rates
specified in section 10.4 (Schedule of Council Adopted Infrastructure
Charges (under breakup agreement)).
(b) The date stated in the LGIP for estimates of the establishment costs for
the local government’s trunk infrastructure networks;
(c) The date stated in the Netserve Plan for estimates of the establishment
costs for the distributor-retailer’s trunk infrastructure networks.
bedroom means an area of a building or structure which:
(a) is used, designed or intended for use for sleeping (but excludes a lounge
room, dining room, living room, kitchen, water closet, bathroom, laundry,
garage or plant room); or
(b) other habitable rooms that can be used for sleeping such as a den,
library, study, loft, media or home entertainment room, library, family or
rumpus room or other similar space. (Non-habitable rooms will not be
considered in the calculation of infrastructure charges)
breakup agreement means the agreement between the local government and
the distributor-retailer determining the proportion of the maximum adopted
charges to apply to each entity.
charges resolution see Planning Act 2016 section 113 (1).
Council means Noosa Shire Council.
credit means the amount to be applied for the purpose of reducing an adopted
infrastructure charge which takes into account the existing usage of the trunk
infrastructure networks by the premises on or in relation to which development is
carried out as calculated in section 8.4 (Credit) and 8.5 (Additional credit for past
contribution or charge).
demand means the deemed usage of the trunk infrastructure networks by the
development on the premises and correlates to the charge rates for the use/s
stated in section 8.3 (Council adopted charge rate) for the purpose of calculating
the levied charge stated in section 8.2 (Calculation of Council levied charge).
Council Resolution effective 23 September 2019
Section 6
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Charges Resolution (No.4) 2019
distributor-retailer means the Northern SEQ Distributor-Retailer Authority
(trading as Unitywater).
dwelling unit means habitable rooms and other spaces used or capable for use
as one self-contained residential unit, comprising at least bathroom, toilet and
food preparation facilities as well as other living and sleeping space to
accommodate one or more persons.
establishment cost see schedule 2 (Dictionary) of the Planning Act 2016.
gross floor area (GFA) means the sum of the floor areas (inclusive of all walls,
columns and balconies, whether roofed or not) of all stories of every building
and/or structure attributable to the development use located on a site, excluding
the areas (if any) used for building services, a ground floor public lobby, a public
mall in a shopping centre, and areas associated with the parking, loading and
manoeuvring of motor vehicles.
habitable room (as defined in the Local planning instrument) means any room of
a dwelling unit or accommodation unit other than a bathroom, laundry, toilet,
pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom, clothes
drying room and other space of a specialised nature occupied neither frequently
nor for extended periods.
impervious area means the area of the premises that is impervious to rainfall.
This includes all roofed, decked, paved, concreted, bitumen or other type of
sealed areas.
lawful use see schedule 2 (Dictionary) of the Planning Act 2016.
levied charge see Planning Act 2016 section 119 (12).
Local government infrastructure plan (LGIP) means part of the specified local
government planning scheme as defined in Schedule 2 Dictionary of the Planning
Act 2016.
Local planning instrument means the: The Noosa Plan 2006 planning scheme.
Netserv plan means the distributor-retailer’s plan and its service about its water
and wastewater networks as required by the South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009.
Council Resolution effective 23 September 2019
Section 7
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Noosa Shire Council
Charges Resolution (No.4) 2019
planned date means the date scheduled for the provision of trunk infrastructure
stated in the schedule of works for trunk infrastructure referenced in the LGIP.
Planning Regulation means the Planning Regulation 2017 made under the
Planning Act 2016.
prescribed form means a form prescribed by the Council.
priority infrastructure area see section 4.2 (Priority infrastructure area).
(2) A term defined in the Planning Act 2016 which is used in the resolution has the
meaning given in the Planning Act 2016.
(3) If a term is not defined in the resolution, Local planning instrument or the
Planning Act 2016 the term is to, subject to section 14A (Interpretation best
achieving Act’s purpose) of the Acts Interpretation Act 1954, have the meaning
assigned to it by the edition of the Macquarie Dictionary that is current at the
commencement date.
2. Application of the adopted infrastructure charge
2.1 Purpose
Section 2 states the following:
(a) that Chapter 4 of the Planning Act 2016 has effect in the local
government area;
(b) that the resolution is intended to apply to development in the local
government area;
(c) that the resolution applies to particular development;
(d) the categorisation of uses under an applicable local planning instrument
to development classes and charge categories under Schedule 16 of the
Planning Regulation.
2.2 Effect of the Chapter 4 of the Planning Act 2016 in the local government area
Chapter 4 of the Planning Act 2016 applies to all of the local government area.
2.3 Application of the resolution to the local government area
The resolution applies to all development in the local government area.
2.4 Application to particular development
The Council may levy an infrastructure charge on the following development:
(a) a reconfiguring a lot;
(b) a material change of use of premises;
(c) the carrying out of building work;
Council Resolution effective 23 September 2019
Section 8
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Charges Resolution (No.4) 2019
(d) other development approval.
2.5 Categorisation of uses to development classes
(1) A use under the local planning instrument as stated in column 1 of Table 10.3
(Schedule of Council adopted charges) is included within the Schedule 16 of the
Planning Regulation charge category stated in column 2 of Table 10.3 (Schedule
of Council adopted charges).
(2) The Council and the distributor-retailer are to allocate a use not otherwise stated
under subsection (1) to another similar use that the local government or
distributor-retailer decides to apply to the use (refer to Schedule 16 of the
Planning Regulation 2017).
3. Assumptions about future development
3.1 Purpose
Section 3 states the assumptions about the type, scale, location and timing of future
development.
3.2 Development assumptions about future development
(a) the type, scale, location and timing of future development is identified in
the LGIP and/or local planning instrument
(b) development inconsistent with the type, scale, location or timing
identified in the LGIP and/or local planning instrument will be subject to
assessment for conditions for extra trunk infrastructure costs in
accordance with Chapter 4 of the Planning Act 2016.
4. Priority infrastructure area
4.1 Purpose
Section 4 states the priority infrastructure area for the Council.
4.2 Priority infrastructure area
The priority infrastructure area is identified in the LGIP.
Council Resolution effective 23 September 2019
Section 9
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Part 2 Trunk infrastructure networks
5. Trunk infrastructure plans
5.1 Purpose
Section 5 states the trunk infrastructure networks to be funded in part by the levied
infrastructure charge.
5.2 Schedule of works for trunk infrastructure
The trunk infrastructure networks comprise the land and works for trunk infrastructure
detailed in the LGIP and Netserv Plan.
5.3 Trunk infrastructure network systems and items
The trunk infrastructure networks identified in the schedule of works for trunk
infrastructure include the systems and items detailed in the LGIP and Netserv Plan.
5.4 Trunk infrastructure plans
The trunk infrastructure networks identified in the schedule of works for trunk
infrastructure are conceptually identified in the trunk infrastructure plans detailed in the
LGIP and Netserv Plan.
6. Desired standard of service
6.1 Purpose
Section 6 states the desired standard of service which is the standard guiding the delivery
of a trunk infrastructure network.
6.2 Desired standards of service for trunk infrastructure
The desired standard of service for each infrastructure network is detailed in the LGIP and
Netserv Plan.
7. Establishment cost for trunk infrastructure networks
7.1 Purpose
Section 7 states the establishment cost for an identified trunk infrastructure network.
7.2 Establishment cost for a trunk infrastructure network
The establishment cost for the trunk infrastructure networks are detailed in the LGIP and
Netserv Plan.
Council Resolution effective 23 September 2019
Section 10
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Charges Resolution (No.4) 2019
Part 3 Levied charge
8. Levied infrastructure charge
8.1 Purpose
Section 8 states the calculation of the infrastructure charge to be levied by the following:
(a) the Council under Chapter 4 of the Planning Act 2016 for the transport,
public parks & land for community facilities and stormwater networks in
accordance with the breakup agreement;
(b) the distributor-retailer under the South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009 for the sewerage and
water supply networks in accordance with the breakup agreement and
Unitywater’s Infrastructure Charges Schedule.
An infrastructure charge applies where 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 trunk
infrastructure. The determination of extra demand on trunk infrastructure correlates
directly to the infrastructure charge calculation undertaken in accordance with section 8.2
(Calculation of Council levied charge) and section 8.3 (Council adopted charge rates) in
compliance with the planning legislation. Refer also to Queensland State Government
Fact Sheet: “Local government infrastructure framework, Calculating additional demand
and existing use credits”.
8.2 Calculation of Council levied charge
Infrastructure charges are calculated and levied separately by the Council and distributer-
retailer in accordance with the charges breakup agreement and relevant legislation.
The legislation states: “A levied charge may be only for extra demand placed on trunk
infrastructure that the development will generate.” In this regard, alternative calculation
methodologies may be undertaken according to whether the development approved:
(a) alters the current development and/or use/s lawfully existing on the
premises whereby the calculation needs to consider the new “total”
development approved and deduct the previous lawful development;
or alternatively:
(b) simply only adds to the current development use/s lawfully existing on
the premises whereby the calculation may be simplified to just comprise
the approved additional development quantity and use/s.
(1) An infrastructure charge that may be levied for reconfiguring a lot is generally
calculated as follows:
LCROL = (ACROL x QROL) - C
Where:
LCROL is the infrastructure charge levied for reconfiguring a lot.
Council Resolution effective 23 September 2019
Section 11
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Charges Resolution (No.4) 2019
ACROL is the adopted charge rate for reconfiguring a lot stated in section 8.3
(Council adopted charge rate).
QROL is the total no of lots.
C is the credit stated in section 8.4 (Credit).
Note:
(a) for residential lot reconfiguration, the adopted infrastructure charge
is apportioned across all networks;
(b) for non-residential lot reconfiguration, the adopted infrastructure
charge apportionment excludes the stormwater charge component.
The stormwater charge will be calculated and issued on a
subsequent material change of use or building work approval when
the impervious area is able to be determined.
(2) An infrastructure charge that may be levied for a material change of use or
building work for residential development is generally calculated as follows:
LCR = (Sum(ACR x QR) for each defined use) − C
Where:
LCR is the infrastructure charge that may be levied for a material change of
use or building work for residential development.
ACR is the adopted charge rate for each defined use for a material change of
use or building work for residential development stated in section 8.3
(Council adopted charge rate).
QR is the residential quantity for each defined use.
C is the credit stated in section 8.4 (Credit).
(3) An infrastructure charge that may be levied for a material change of use or
building work for non-residential development is generally calculated as follows:
LC = LCNR + LCSW
Where:
LC is the infrastructure charge that may be levied for the total development
LCNR = (Sum of (AC4 x Q4) for each defined use) − C4
LCSW = (ACSW x QSW) − CSW
LCNR is the infrastructure charge that may be levied for a material change of
use or building work for non-residential development for the transport,
public parks and land for community facilities networks.
LCSW is the levied charge for a material change of use or building work for
non-residential development for the stormwater network.
Council Resolution effective 23 September 2019
Section 12
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AC4 is the adopted charge rate for each defined use for a material change of
use or building work for non-residential development stated in section
8.3 (Council adopted charge rate) for the transport, public parks and
land for community facilities networks.
ACSW is the adopted charge rate for a material change of use or building work
for non-residential development stated in section 8.3 (Council adopted
charge rate) for the stormwater network.
Q4 is the non-residential quantity for each defined use.
QSW is the impervious area of the development.
C4 is the credit stated in section 8.4 (Credit) for the transport, public parks
and land for community facilities networks.
CSW is the credit stated in section 8.4 (Credit) for the stormwater network.
(4) An infrastructure charge is only levied if the calculation in sub-sections (1), (2)
and (3) results in an amount greater than $zero (i.e. no refund applies should the
calculated charge result in a negative amount).
8.3 Council adopted charge rate
The adopted charge rate for:
(a) reconfiguring a lot, is the amount stated equivalent to a Residential (3 or
more bedroom dwelling unit) in Table 10.3 (Schedule of Council adopted
charges);
(b) a material change of use or building work for:
(i) residential development, is stated in Table 10.3 (Schedule of
Council adopted charges);
(ii) non-residential development other than other uses, is stated in
Table 10.3 (Schedule of Council adopted charges), which
comprises the following:
(A) the adopted charge rate for the transport, public parks
and land for community facilities networks; and
(B) the adopted charge rate for the stormwater network;
(iii) non-residential development being other uses or development
not otherwise identified in paragraphs (i) or (ii):
(A) the adopted charge rate for the transport, public parks
and land for community facilities networks being the
prescribed amount for another similar use that the local
government decides to apply to the use (refer to
Schedule 16 of the Planning Regulation 2017); and
(B) the adopted charge rate for the stormwater network
Council Resolution effective 23 September 2019
Section 13
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Noosa Shire Council
Charges Resolution (No.4) 2019
8.4 Credit
The credit for the premises is an amount which is the greater of the following:
(a) the development use & quantity of development of an adopted
infrastructure charge previously paid for the development of the
premises;
(b) where the premises is subject to an existing lawful use or previous lawful
use no longer taking place for:
(i) residential development, the amount stated for an adopted
charge in Table 10.3 (Schedule of Council adopted charges) for
the lawful use;
(ii) non-residential development other than other uses, the amount
stated for an adopted charge in Table 10.3 (Schedule of
Council adopted charges) for the lawful use;
(iii) non-residential development being other uses or development
not otherwise identified in paragraphs (i) or (ii), the prescribed
amount for another similar use that the local government
decides to apply to the use (refer to Schedule 16 of the
Planning Regulation 2017).
The onus remains with the applicant to provide full details and evidence
as to the extent and lawfulness of any claim for a credit for a previous
use no longer taking place.
(c) where the premises is not subject to an existing or previous lawful use:
(i) for residential development, the amount applicable for a
residential lot stated for Residential (3 or more bedroom
dwelling unit) in Table 10.3 (Schedule of Council adopted
charges) applicable to a single residential lot provided the lot is
capable of having a dwelling house built on the lot in compliance
the planning scheme requirements;
(ii) for non-residential development, no credit applies.
8.5 Additional credit for past contribution or charge
For a past contribution and or charge relating to “current” trunk infrastructure that has
been paid for a particular trunk network under a previous charging regime that exceeds
the credit applied under section 8.4 (Credit), an “additional credit” against the adopted
charge for the particular network will be recognised. The amount of the credit will be
determined by converting the previous payment to an equivalent adopted charge as
determined by Council and only relates to the amount over and above the standard credit
applied under section 8.4 (credit).
The amount of the credit will not be more than the adopted charge amount apportioned for
that network. The onus remains with the applicant to provide full details and evidence of
any payments of contributions and or charges under a previous charging regime.
Council Resolution effective 23 September 2019
Section 14
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9. Administration of levied charge
9.1 Purpose
Section 9 states how an infrastructure charge levied by the Council is to be administered.
9.2 Subsidy for a levied charge
The Council’s policy statement in respect of a subsidy for a levied infrastructure charge is
stated in Council Policy Document - Infrastructure Charges Rebates for Community
Organisations in effect at the time of levying the infrastructure charge.
9.3 Time of payment of a levied charge
A levied infrastructure charge is payable in accordance with the Planning Act 2016 at the
following time:
(a) if the charge applies to reconfiguring a lot ― when the Council approves
the plan for the reconfiguration that, under the Land Title Act, is required
to be given to Council for approval; or
(b) if the charge applies to building work ― the sooner of: when the
certificate of classification or final inspection certificate for the building
work is given under the Building Act or prior to occupancy; or
(c) if the charge applies to a material change of use ― when the change
happens; or
(d) if the charge applies for other development, on the day stated in the
infrastructure charges notice under which the charge is levied.
9.4 Alternatives to paying a levied charge
The Council may give consideration to entering into an infrastructure agreement involving
an alternative to the way a payment is to be made or an infrastructure contribution
provided in a form other than paying an infrastructure charge.
9.5 Automatic increase provision of levied charge
The levied infrastructure charge is subject to an automatic increase provision (indexation)
as permitted under the legislation. The automatic increase provision is applied as follows:
(1) The infrastructure charge is first calculated using the adopted charge rates at the
base date and indexed to the Financial Year current at the time of issue of the
infrastructure charge notice;
(2) The issued infrastructure charge is subject to further indexation from the date of
issue until the date of payment.
(3) 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.
Council Resolution effective 23 September 2019
Section 15
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10. Allocation of adopted infrastructure charge (breakup
agreement)
10.1 Purpose
Section 10 states how the adopted infrastructure charge of the Council and the distributor-
retailer is to be allocated in accordance with the breakup agreement.
10.2 Allocation of adopted infrastructure charge to the Council and the distributor-
retailer (breakup agreement)
(1) The proportion of an adopted infrastructure charge to be allocated to the Council
and the distributor-retailer is stated in Table 10.1 (Allocation of adopted
infrastructure charge (breakup agreement) to the Council and the distributor-
retailer). For non-residential development, this proportion of the adopted charge
excludes the stormwater network which is calculated separately and allocated
100% to Council.
(2) The levied charge is calculated and issued separately by the Council and
distributor-retailer as applying to their respective infrastructure networks in
accordance with the breakup agreement.
(3) Where development is not connected to the water and sewerage networks, the
levied charge issued by distributor-retailer is reduced as determined by the
distributor-retailer.
Council Resolution effective 23 September 2019
Section 16
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Charges Resolution (No.4) 2019
Table 10.1 Apportionment of adopted infrastructure charge (breakup agreement) to the Council and the Distributor-
Retailer (Unitywater)
Column 1 Column 2 Column 3 Column 4
Applicable Planning *Apportionment of adopted infrastructure charge for Non-Residential Development Apportionment of adopted infrastructure
local planning areas charge for:
instrument
a) Residential development; and
Retail, Commercial and Entertainment Uses
(Retail, Office, Bulk Goods, Showroom, Industry Uses b) *Non-Residential development not
Entertainment) otherwise specified in Column 3
Distributor-Retailer Distributor-Retailer Distributor-Retailer
Noosa Shire Council Noosa Shire Council Noosa Shire Council
(Unitywater) (Unitywater) (Unitywater)
(%) (%) (%)
(%) (%) (%)
All Areas in
The Noosa Plan 85 15 64 36 60 40
Noosa Shire
Note:
* For Non-Residential development, the adopted infrastructure charge apportionment excludes stormwater which is calculated and allocated separately 100%
to Council.
Council Resolution effective 23 September 2019
Section 17
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10.3 Allocation of levied charge to trunk infrastructure networks
Infrastructure charges are provided for provision of trunk infrastructure in accordance with
the breakup agreement for:
(a) distributor-retailer trunk infrastructure, in accordance with Unitywater’s
Netserv Plan and Infrastructure Charges Schedule as determined by
Unitywater.
(b) Council trunk infrastructure, in accordance with Council’s LGIP and
generally with Table 10.2 (Allocation of Council levied charge to trunk
infrastructure networks). The final allocation and spending of
infrastructure charges collected for trunk infrastructure will be
determined and administered by Council’s Finance Department.
Table 10.2 Allocation of Council levied charge to trunk infrastructure networks
Column 1 Column 2
Infrastructure charge Allocation of Council infrastructure
charge to trunk infrastructure networks
Transport Public parks #Stormwater
(%) and land for (%)
community
facilities
(%)
Infrastructure charge for
Residential development:
(a) reconfiguring a lot; or
40 50 10
(b) a material change of use;
or
(c) building work
Infrastructure charge for
Non-Residential
85 15 *N/A
development :
(a) reconfiguring a lot
Infrastructure charge for
Non-Residential
Calculated
development for:
85 15 Separately
(b) a material change of use;
100%
or
(c) building work
Note:
* The Non-Residential Stormwater charge is normally unable to be calculated on a reconfiguration of a lot
approval. This charge will therefore be calculated and applied on subsequent development permits for
material change of use or building work when the impervious area is able to be determined.
# The Stormwater component of the charge will only apply to development located inside the PIA.
Council Resolution effective 23 September 2019
Section 18
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10.4 Schedule of Council Adopted Infrastructure Charges (under breakup agreement)
Table 10.3 (Schedule of Council adopted charges) states the development class for a use under The Noosa Plan, planning scheme and
the adopted charge at the base date of 1 July 2019 for the 2019-2020 Financial Year applying to Council networks in accordance with the
“charges breakup” agreement. for:
Table 10.3 Schedule of Council adopted charges
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7
Use under The Noosa Plan Development Unit of Planning Regulation COUNCIL COUNCIL Planning Regulation
class measure Prescribed Amount for APPORTIONMENT CHARGE Prescribed Amount for
Adopted Charge Per Table 10.1 Per Table 10.1 Adopted Charge
Use Defined use (Charges breakup) of (Charges breakup) of Stormwater
class (Financial Year Prescribed Amount in Prescribed Amount in (Non-Residential)
2019-2020) Column 4 Column 4 Adopted by
($ per unit of measure) (%) ($ per unit of measure) COUNCIL
($ per m2 impervious area)
Lot
(equivalent to a 3
Residential - Reconfiguration of a Lot or more bedroom
$29,339.55 60% $17,603.73 N/A
dwelling)
Lot Nil
(equivalent to a 3 (to be calculated and applied on
Non-residential - Reconfiguration of a Lot or more bedroom
$29,339.55 60% $17,603.73 subsequent development permits that
dwelling) determines impervious areas)
3 or more
bedroom $29,339.55 60% $17,603.73 N/A
dwelling
• Detached house
• Community residence 2 bedroom
• Ancillary dwelling unit $20,956.80 60% $12,574.08 N/A
dwelling
&
Multiple housing Residential
$12,574.08
Residential
1 bedroom
• Type 2 Duplex $20,956.80 60% Reduced by Council to N/A
dwelling
• Type 4 Conventional $8,560.00
• Type 5 Relocatable Secondary
$12,574.08
dwelling to a
$20,956.80 60% Reduced by Council to N/A
detached
$6,249.00
house
Multiple housing
• Type 3 Retirement and $88.02
Essential
m2 GFA $146.70 60% Reduced by Council to $10.25
special needs (aged services
$65.44
care facility)
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7
Use under The Noosa Plan Development Unit of Planning Regulation COUNCIL COUNCIL Planning Regulation
class measure Prescribed Amount for APPORTIONMENT CHARGE Prescribed Amount for
Adopted Charge Per Table 10.1 Per Table 10.1 Adopted Charge
Use Defined use (Charges breakup) of (Charges breakup) of Stormwater
class (Financial Year Prescribed Amount in Prescribed Amount in (Non-Residential)
2019-2020) Column 4 Column 4 Adopted by
($ per unit of measure) (%) ($ per unit of measure) COUNCIL
($ per m2 impervious area)
3 or more $17,603.73
bedroom $29,339.55 60% Reduced by Council to N/A
dwelling $13,458.00
Multiple housing
• Type 3 Retirement and 60% $12,574.08
Long term 2 bedroom
$20,956.80 Reduced by Council to N/A
special needs accommodation dwelling
$9,613.00
(retirement village)
60% $12,574.08
1 bedroom
$20,956.80 Reduced by Council to N/A
dwelling
$6,249.00
per suite (with 60%
1 or 2 $10,478.40 $6,287.04
bedrooms)
per suite (with 60%
3 or more $14,669.75 $8,801.85
Residential
bedrooms) N/A
per bedroom
(for a bedroom 60%
Visitor accommodation that is $10,478.40 $6,287.04
not within a
• Type 1 Home hosted
suite)
• Type 2 Caravan park Short term
accommodation per 1 or 2 60%
• Type 3 Rural tent/caravan $10,478.40 $6,287.04
• Type 4 Conventional sites
per 3 60%
tent/caravan $14,669.75 $8,801.85
sites
N/A
per 1 or 2 60%
$10,478.40 $6,287.04
bedroom cabin
per 3 or more 60%
$14,669.75 $8,801.85
bedroom cabin
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7
Use under The Noosa Plan Development Unit of Planning Regulation COUNCIL COUNCIL Planning Regulation
class measure Prescribed Amount for APPORTIONMENT CHARGE Prescribed Amount for
Adopted Charge Per Table 10.1 Per Table 10.1 Adopted Charge
Use Defined use (Charges breakup) of (Charges breakup) of Stormwater
class (Financial Year Prescribed Amount in Prescribed Amount in (Non-Residential)
2019-2020) Column 4 Column 4 Adopted by
($ per unit of measure) (%) ($ per unit of measure) COUNCIL
($ per m2 impervious area)
Cultivation
Low impact rural N/A Nil Nil Nil Nil
• Type 1 Traditional
Cultivation High impact
m2 GFA $20.90 60% $12.54 Nil
• Type 2 Intensive rural
Agricultural
Animal husbandry
Low impact rural N/A Nil Nil Nil Nil
• Type 1 Traditional
Animal husbandry High impact
m2 GFA $20.90 60% $12.54 Nil
• Type 2 Intensive rural
Forestry
• Type 1 Native Low impact rural N/A Nil Nil Nil Nil
• Type 2 Plantation
Commercial business Commercial
m2 GFA $146.70 85% $124.69 $10.50
• Type 1 Office (office)
Commercial business
• Type 2 Medical Essential
m2 GFA $146.70 60% $88.02 $10.50
services
• Type 3 Veterinary
Entertainment and dining
business Commercial
• Type 1 Food & m2 GFA $188.60 85% $160.31 $10.50
Business
(retail)
beverages
Entertainment and dining m2 GFA $125.73
business (excluding $209.55 60% Reduced by Council to
Indoor sport & court areas) $78.74
• Type 2 Recreation, $10.50
recreation facility $12.54
amusement and m2 GFA
$20.90 60% Reduced by Council to
fitness (court areas)
$11.25
Entertainment and dining
business Entertainment m2 GFA $209.55 85% $178.11 $10.50
• Type 3 Bar
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7
Use under The Noosa Plan Development Unit of Planning Regulation COUNCIL COUNCIL Planning Regulation
class measure Prescribed Amount for APPORTIONMENT CHARGE Prescribed Amount for
Adopted Charge Per Table 10.1 Per Table 10.1 Adopted Charge
Use Defined use (Charges breakup) of (Charges breakup) of Stormwater
class (Financial Year Prescribed Amount in Prescribed Amount in (Non-Residential)
2019-2020) Column 4 Column 4 Adopted by
($ per unit of measure) (%) ($ per unit of measure) COUNCIL
($ per m2 impervious area)
Home-based business
• Type 1 Limited
visibility
Minor uses N/A Nil Nil Nil Nil
• Type 2 Evident
• Type 3 Significant
scale
Industrial business
• Type 1 Warehouse
• Type 2 Production, Industry m2 GFA $52.40 64% $33.53 $10.50
alteration, repackaging
and repairing
Planning Regulation 2017 – Schedule 16: “The prescribed amount for another
similar use listed in column 1 (other than in this row) that the local government
Industrial business
Other uses m2 GFA decides to apply to the use”. $10.50
• Type 3 Extractive
Council has decided the “Industrial Business Type 1 & Type 2” use to be most
similar use & appropriate rate.
Business
Retail business
• Type 1 Local Commercial
m2 GFA $188.60 85% $160.31 $10.50
(retail)
• Type 2 Shop & salon
Retail business
• Type 3 Landscape and
rural
• Type 4 Showroom Commercial
m2 GFA $146.70 85% $124.69 $10.50
(bulk goods)
• Type 6 Hardware
Store
• Type 7 Garden
a) Standard
Commercial m2 GFA $146.70 85% $124.69 $10.50
(bulk goods)
Retail business
• Type 5 Vehicle uses b) Service
Station m2 GFA $188.60 85% $160.31 $10.50
Commercial
(retail)
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7
Use under The Noosa Plan Development Unit of Planning Regulation COUNCIL COUNCIL Planning Regulation
class measure Prescribed Amount for APPORTIONMENT CHARGE Prescribed Amount for
Adopted Charge Per Table 10.1 Per Table 10.1 Adopted Charge
Use Defined use (Charges breakup) of (Charges breakup) of Stormwater
class (Financial Year Prescribed Amount in Prescribed Amount in (Non-Residential)
2019-2020) Column 4 Column 4 Adopted by
($ per unit of measure) (%) ($ per unit of measure) COUNCIL
($ per m2 impervious area)
Education
• Type 1 Childcare
• Type 2 School Education m2 GFA $146.70 60% $88.02 $10.50
• Type 3 Adult
• Type 4 Information
Emergency service
• Type 1 Station Essential
m2 GFA $146.70 60% $88.02 $10.50
services
• Type 2 Shed
Planning Regulation 2017 – Schedule 16: “The prescribed amount for another
Open space similar use listed in column 1 (other than in this row) that the local government
• Type 1 Sport and Other uses m2 GFA decides to apply to the use”. $10.50
recreation Council has decided “Entertainment and dining business Type 2 Recreation,
amusement and fitness” use to be most similar use & appropriate rate.
per 1 or 2
tent/caravan $10,478.40 60% $6,287.04
sites
Community
per 3
tent/caravan $14,669.75 60% $8,801.85
Open space Short term sites
N/A
• Type 2 Camp ground accommodation
per 1 or 2
$10,478.40 60% $6,287.04
bedroom cabin
per 3 or more
$14,669.75 60% $8,801.85
bedroom cabin
Wellbeing
• Type 1 Health Essential
m2 GFA $146.70 60% $88.02 $10.50
services
(hospital, hospice etc)
Wellbeing
• Type 2 Social (arts
and crafts, community
Assembly m2 GFA $73.35 60% $44.01 $10.50
meeting hall CWA etc)
• Type 3 Worship
• Type 4 Funeral
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7
Use under The Noosa Plan Development Unit of Planning Regulation COUNCIL COUNCIL Planning Regulation
class measure Prescribed Amount for APPORTIONMENT CHARGE Prescribed Amount for
Adopted Charge Per Table 10.1 Per Table 10.1 Adopted Charge
Use Defined use (Charges breakup) of (Charges breakup) of Stormwater
class (Financial Year Prescribed Amount in Prescribed Amount in (Non-Residential)
2019-2020) Column 4 Column 6 Adopted by
($ per unit of measure) (%) ($ per unit of measure) COUNCIL
($ per m2 impervious area)
Service & utility
Industry m2 GFA $52.40 64% $33.53 $10.50
• Type 1 Depot
Service & utility Planning Regulation 2017 – Schedule 16: “The prescribed amount for another
• Type 2 Installation similar use listed in column 1 (other than in this row) that the local government
Other uses m2 GFA decides to apply to the use”. $10.50
• Type 4 Treatment,
Council has decided the “Industrial Business Type 1 & Type 2” use to be most
recycling & disposal; similar use & appropriate rate.
Infrastructure
Service & utility Nil
Minor uses N/A Nil Nil Nil
• Type 3 Tower
Transport Planning Regulation 2017 – Schedule 16: “The prescribed amount for another
• Type 1 Passenger similar use listed in column 1 (other than in this row) that the local government
terminal Other uses m2 GFA decides to apply to the use”. $10.50
• Type 2 Carpark Council has decided the “Industrial Business Type 1 & Type 2” use to be most
• Type 4 Aeronautical similar use & appropriate rate.
Transport
Industry m2 GFA $52.40 64% $33.53 $10.50
• Type 3 Depot
Note:
(1) Development that is for provision of “trunk” infrastructure is exempt from and not subject to payment of infrastructure charges.
(2) Table 10.3 charges are specified at the base date and are subject to indexation in accordance with clause 9.5 Automatic increase provision of levied charge.
(3) The Stormwater component of the charge will only apply to development located inside the PIA.
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Part 4 Offset and refund for Council trunk
infrastructure
11. Infrastructure offset
11.1 Purpose
Section 11 states the Council’s policy for calculating the establishment cost for an
infrastructure offset for provision of trunk infrastructure.
11.2 Application of section
Section 11 applies where for a development, the Council has for a trunk infrastructure
network:
(a) requires trunk infrastructure to be provided under a necessary
infrastructure condition of a development approval, that services or is
planned to service premises other than the subject premises; and;
(b) a levied infrastructure charge applies to the development.
11.3 Establishment cost for an infrastructure offset
The establishment cost for determining offsets for provision of trunk infrastructure
required in a necessary infrastructure condition shall be the establishment cost
identified in the LGIP or Netserv Plan and indexed to the reference date of the
issued infrastructure charges notice.
11.4 Recalculation of establishment cost for an infrastructure offset
(1) Where a notice is given by an applicant under s. 657 of SPA requesting a
recalculation of the establishment cost for the trunk infrastructure that is works,
the recalculated amount shall be the pre-market estimate of the work as follows:
The pre-market estimate of work for the trunk infrastructure contribution is the
estimate expressed in dollars of the design and construction of the work:
(a) including the following:
(i) the cost of planning and designing the work;
(ii) the cost of survey and site investigation for the work;
(iii) a cost under a construction contract for the work;
(iv) a portable long service leave payment for a construction
contract;
(v) an insurance premium for the work;
(vi) a Council inspection fee for the commencement and end of the
maintenance period for the work;
(vii) the cost of an approval for the work;
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(b) excluding the following:
(i) a cost of carrying out temporary infrastructure;
(ii) a cost of carrying out other infrastructure which is not part of the
trunk infrastructure contribution;
(iii) a cost of the decommissioning, removal and rehabilitation of
infrastructure identified in paragraphs (i) and (ii);
(iv) a part of the trunk infrastructure contribution provided by the
Council or a person other than the person seeking the
infrastructure offset;
(v) a cost to the extent that GST is payable and an input tax credit
can be claimed for the work.
(c) The applicant:
(i) must undertake a tender process in accordance with the
Council’s Procurement Policy for any work contribution which is
eligible for an Infrastructure Offset under this document;
(ii) must give the Council a Notice which states the claimant’s
calculation of the pre-market estimate, which will include, as
applicable;
A. a copy of the tender advertisement;
B. a copy of each tender received;
C. the claimant’s preferred tenderer;
D. the claimant’s reason for the preferred tenderer;
E. a copy of the proposed Work Contract issued by the
claimant’s preferred tenderer;
F. detailed plans and specifications showing the extent of
the Work Contribution eligible for an Infrastructure
Offset;
G. the claimant’s calculation of the cost providing a Works
Contribution to which an Infrastructure Offset applies;
H. the total of the claimant’s calculation of the Pre-Market
Estimate.
(iii) If the Council agrees with the applicant’s Pre-Market Estimate, it
becomes the establishment cost of the infrastructure.
(d) If the Council does not agree with the applicant’s Pre-Market Estimate,
the Council will provide its own alternative Pre-Market Estimate to the
applicant. If the applicant agrees with the Council’s alternative Pre-
Market Estimate, it becomes the establishment cost of the infrastructure.
(e) If agreement cannot be reached on the Pre-Market Estimate, an
independent assessor is to be appointed by agreement between the
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Council and the applicant to determine the estimate. The cost of this
independent assessment is to be equally shared between the local
authority and the applicant and the amended cost estimate determined
by the independent assessor becomes the establishment cost of the
infrastructure.
However, if the Council and the applicant cannot reach agreement on
the appointment of an independent assessor, the establishment cost of
the infrastructure is determined by calculating the average of the
previous two cost estimates prepared on behalf of the applicant and the
Council respectively.
(2) Where a notice is given by an applicant under s. 657 of SPA requesting a
recalculation of the establishment cost for the trunk infrastructure that is land, the
recalculated amount shall be the value estimated for the land based on the pre-
approved and pre-developed state of the land as follows:
a) The applicant, at their own cost, must provide to the Council a valuation
of the specified land undertaken by a certified practicing valuer. If the
Council accepts the valuation, the valuation is the establishment cost of
the infrastructure.
(b) If the Council does not agree with the applicant’s valuation, the Council
will provide its own alternative valuation to the applicant. If the applicant
agrees with the Council’s alternative Pre-Market Estimate, it becomes
the establishment cost of the infrastructure.
(c) If agreement cannot be reached on the valuation, an independent
assessor is to be appointed by agreement between the Council and the
applicant to determine the estimate. The cost of this independent
assessment is to be equally shared between the local authority and the
applicant and the amended valuation estimate determined by the
independent assessor becomes the establishment cost of the
infrastructure.
However, if the Council and the applicant cannot reach agreement on
the appointment of an independent assessor, the establishment cost of
the infrastructure is determined by calculating the average of the
previous two valuation estimates prepared on behalf of the applicant and
the Council respectively.
12. Refund of an unused infrastructure offset
12.1 Purpose
Section 12 states the Council’s policy for a refund of an unused infrastructure offset for
provision of trunk infrastructure.
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12.2 Application of section
Section 12 applies where:
(a) the development to which the trunk infrastructure relates has been
lawfully completed;
(b) the trunk infrastructure is planned under this document to service the
development of other premises and has been completed and handed
over to Council;
(c) the amount of the value of an infrastructure offset has not been fully
offset against a levied infrastructure charge to which the trunk
infrastructure relates.
12.3 Payment of a refund
(1) A refund will be paid by Council (as applicable) to the applicant in accordance
with the following:
(a) the refund will not exceed the value of the unused infrastructure offset
and is not subject to indexation;
(b) The amounts and timing of refund payments will be made as follows:
(i) for refund amounts up to $150,000, the payment will occur in the
December quarter in the financial year following completion of the
works and handover of the trunk infrastructure to Council; and
(ii) for remaining refund balance amounts over $150,000 up to
$500,000 the payment will occur in the December quarter in the
second financial year following completion of the works and
handover of the trunk infrastructure to Council; and
(iii) for any remaining refund balance amounts over $500,000, the
payment will occur in the December quarter in the third financial
year following completion of the works and handover of the trunk
infrastructure to Council.
13. CONVERSION APPLICATIONS
13.1 Purpose
Section 13 states the Council’s criteria for consideration and assessment of applications
to convert non-trunk infrastructure to trunk infrastructure.
13.2 Application of section
(1) This section applies if:
(a) a condition of a development approval requires non-trunk infrastructure
to be provided; and
(b) the construction of the non-trunk infrastructure has not started.
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13.3 Conversion application process
(1) An applicant may apply to the local government to convert non-trunk
infrastructure to trunk infrastructure.
(2) The application must be made in writing within the required period (see clause
139 of the Planning Act).
(3) The local government must, within the required period (see clause 140 of the
Planning Act), decide the conversion application having regard to the criteria for
deciding the application stated in section 13.6.
(4) At any time before deciding the conversion application, the local government may
give a notice to the applicant requiring the applicant to give information that the
local government reasonably needs to make the decision (see clause140 of the
Planning Act for notice requirements).
13.4 Notice of decision
(1) As soon as practicable after deciding the conversion application, the local
government must give the applicant notice of the decision.
(2) If the decision is not to convert non-trunk infrastructure to trunk infrastructure, the
notice must be an information notice about the decision.
(3) If the decision is to convert non-trunk infrastructure to trunk infrastructure, the
written notice must state:
(a) that the infrastructure is trunk infrastructure
(b) if the infrastructure will be conditioned as a necessary infrastructure
condition
(c) if an offset or refund applies
(d) if an offset or refund applies, the details of that offset or refund.
13.5 Effect of conversion application decision
(1) If the local government has decided to convert non-trunk infrastructure to trunk
infrastructure, it may amend the development approval by imposing a necessary
infrastructure condition for the trunk infrastructure.
(2) If a necessary infrastructure condition is imposed, the local government must give
either an infrastructure charges notice or an amended infrastructure charges
notice including details of the offset or refund.
13.6 Criteria for deciding a conversion application
(1) Each of the following criteria must be met for non-trunk infrastructure to be
converted to trunk infrastructure :
(a) the infrastructure services development that is-
(i) consistent with the assumptions about the type, scale, location or
timing of future development stated in the LGIP; and
(ii) for premises completely inside the PIA.
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(b) construction of the infrastructure has not yet started
(c) the infrastructure is inconsistent with the requirements for non-trunk
infrastructure stated in clause 153 of the Planning Act.
(d) the infrastructure is owned or will be owned by the local government
(e) the infrastructure is not temporary infrastructure
(f) the infrastructure will be used by other development
(g) the type, capacity and function of the infrastructure is:
(i) consistent with the trunk infrastructure identified in the local
government’s LGIP and the examples of trunk infrastructure
identified for a network in Table 13.1
(ii) inconsistent with the examples of non-trunk infrastructure identified
for a network in Table 13.1
(h) the type, size and location of the infrastructure is the most cost effective
option for servicing multiple developments in the area.
(i) the infrastructure could have been planned by the local government
without knowing the detailed layout of lot reconfigurations or the design
details for material change of use applications in the area. That is, the
infrastructure could have been planned during preparation of the LGIP
using only the planned density assumptions stated in the LGIP.
(2) The most cost effective option for trunk infrastructure provision means the least
cost option based upon the life cycle cost of the infrastructure required to service
future urban development in the area at the desired standard of service.
Table 13.1 – Examples of trunk infrastructure and non-trunk infrastructure for Council’s
networks
Infrastructure network Examples of trunk infrastructure Examples of non-trunk infrastructure
Stormwater Land and/or works for: Land and/or works for:
• the following stormwater infrastructure • Privately owned stormwater
items which service a minimum of 300 infrastructure (e.g. dams, retention
residential lots or equivalent demand: basins on private property)
o Bio-retention swale • bulk stormwater infrastructure
o Channel owned by state or state entity
o Culvert • the following stormwater
o Pipe infrastructure items which service
less than 300 residential lots or
o Revegetation equivalent demand:
o Stormwater quality devices o Bio-retention swale
o Retention basin / wetland o Channel
o Detention basin o Culvert
o Pipe
o Revegetation
o Stormwater quality devices
o Retention basin / wetland
o Detention basin
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Infrastructure network Examples of trunk infrastructure Examples of non-trunk infrastructure
Transport Land and/or works for: Land and/or works for:
• the following local government roads, • State controlled roads
including associated intersections, • the following local government
roundabouts, bridges and culverts: roads, including associated
o arterial roads intersections, roundabouts, bridges
o sub-arterial roads and culverts:
o district collector roads in urban o access streets
areas having a capacity equal to o access roads
or greater than 16,000 vpd and o minor collector roads.
servicing a minimum of 300
residential lots or equivalent • standard items associated with the
demand road profile of a local government
road specified above including kerb
o district collector roads in non- and channelling, lighting, signage,
urban areas having a capacity traffic lights, foot and cycle paths
equal to or greater than 1,000 vpd and basic verge plantings
and servicing a minimum of 100
residential lots or equivalent • bus stops constructed as part of a
demand local government road specified
above.
• standard items associated with the
road profile of a local government road • streetscaping
specified above, including kerb and • local area traffic management
channelling, lighting, signage, traffic • pedestrian and cycle paths which
lights, foot and cycle paths and basic perform a local neighbourhood
verge plantings function
• pedestrian and cycle paths which
perform a shire wide or district function
• bus stops constructed as part of a
local government road specified above
Public parks and land Land and/or works that ensure the land is Land and/or works for:
for community suitable for: • Privately owned parks
facilities • the following public parks and land for • National parks
community facilities which service a
minimum of 300 residential lots or • State forestry areas
equivalent demand: • Areas within local government
o district recreation park owned parks that allow limited
public access or do not perform a
o shire wide recreation park
primary park function (e.g.
o district sporting park bushland, waterways and
o shire wide sporting park environmental areas)
o local land for community facilities • Any public park or land for
for the purpose of community community facility which services
halls or centres, public recreation less than 300 residential lots or
centres and public libraries. equivalent demand
• Embellishments necessary to make Any embellishments for a trunk public
the above specified public parks safe park which are not specified as
and useable including: examples of trunk infrastructure.
o footpaths and cycle paths
o shade structures
o picnic & play facilities
Council Resolution effective 23 September 2019