2019-09-10 P&E Agenda - Item 1 - Attachment 1 - Noosa Shire Council Charges Resolution (No 4) 2019

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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