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MCU19-0081_ICN.N1660_64 Gateway Dr NOOSAVILLE
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
To: 64 Gateway Drive Pty Ltd TTE Infrastructure Charges Notice No: N1660
4/18 Edgar Bennett Ave Revision: 0
NOOSA HEADS QLD 4567
Date of Issue: 8 September 2021
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:
MCU19/0081 (re: Court Judgement - Planning and
Development Approval Reference:
Environment Court Appeal No D176 of 2019)
Land / Property Address: 64 Gateway Dr NOOSAVILLE QLD 4566
Real Property Description: Lot 13 SP 170295
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
• Noosa Shire Council Charges Resolution (No.6) 2021 (effective 20 August 2021)
*NET INFRASTRUCTURE CHARGE PAYABLE (Stage 2) = $124,648.00
*NET INFRASTRUCTURE CHARGE PAYABLE (Stage 3) = $28,905.00
*TOTAL NET INFRASTRUCTURE CHARGE PAYABLE = $153,553.00
Planning Regulation at
*Current at: 2021-2022 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
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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 Infrastructure Charge has been calculated & based on the change to the previous development permit
132007.738.04 approved use & quantities.
This Infrastructure Charges Notice is additional to the infrastructure charges/contributions issued under the
previous development permit 132007.738.04 and replaced by Infrastructure Agreement dated 1/07/2019 to
Adopted Charge for all networks.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 2
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.
• STAGE 2
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.6) 2021 (Effective 20 August 2021)
The Noosa Plan 2006 Planning Regulation 2017 &
(Superseded planning scheme) The Noosa Plan 2020
Current at: 1 July 2021 for the 2021-2022 Financial Year
Column 1a Column 1b Column 2 Column 3 MCU19/0084 per P&E Appeal D176 of 2019 Judgement dated 16/07/2021
COUNCIL COUNCIL
Planning Regulation 2017 COUNCIL CHARGE CALCULATION
APPORTIONMENT CHARGE
Schedule 16 Prescribed amount NET
Use 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 $30,677.65 60% $18,406.59 0 $0.00
• Detached house
1 Dwelling house
• Ancillary dwelling unit for each dwelling with 2 bedrooms $13,147.56 13 13 $170,918.28
2 Dual occupancy
Multiple housing
3 Caretaker’s accommodation for each dwelling with 1 or less bedrooms
• Type 2 Duplex $21,912.60 60% $8,950.41 0 $0.00
4 Multiple dwelling (Council reduced rate by -31.9%)
• Type 4 Conventional
for each dwelling if Secondary dwelling to
$6,534.01 0 $0.00
Dwelling house (Council reduced rate by -50.3%)
Other industry
Industrial business
1 Low impact industry
• Type 1 Warehouse
2 Medium impact industry
• Type 2 Production, alteration, repackaging
3 Research and technology industry
and repairing
4 Rural industry
Service & utility
5 Warehouse
• Type 2 Installation
6 Marine industry for each square metre of gross floor area $54.80 64% $35.07 225 1057 -832 -$29,178.24
• Type 4 Treatment, recycling & disposal;
Other uses
Transport
1 Air service
• Type 1 Passenger terminal
3 Car park
• Type 2 Carpark
10 Port service
• Type 3 Depot
12 Utility installation
• Type 4 Aeronautical
Sub-Total, Residential = $170,918.28
Sub-Total, Non-Residential = -$29,178.24
STORMWATER (for Non-Residential Development only)
ALL Non-Residential Uses ALL Non-Residential Uses
for each square metre impervious to stormwater $10.95 100% $10.95 0 0 0 $0.00
(Except for Rural & Minor Uses) (Except for Rural & Minor Uses)
Calculation at
Planning
Regulation
2021-2022
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $141,740.00
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
Caretaker Units & Mezzanine Stormwater component already
Other covered by Industrial ground level impervious area (132007.738.4 - $17,092.00
IA)
*NET INFRASTRUCTURE CHARGE PAYABLE = $124,648.00
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 3
Page 4
• STAGE 3
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.6) 2021 (Effective 20 August 2021)
The Noosa Plan 2006 Planning Regulation 2017 &
(Superseded planning scheme) The Noosa Plan 2020
Current at: 1 July 2021 for the 2021-2022 Financial Year
Column 1a Column 1b Column 2 Column 3 MCU19/0084 per P&E Appeal D176 of 2019 Judgement dated 16/07/2021
COUNCIL COUNCIL
Planning Regulation 2017 COUNCIL CHARGE CALCULATION
APPORTIONMENT CHARGE
Schedule 16 Prescribed amount NET
Use 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 $30,677.65 60% $18,406.59 0 $0.00
• Detached house
1 Dwelling house
• Ancillary dwelling unit for each dwelling with 2 bedrooms $13,147.56 3 3 $39,442.68
2 Dual occupancy
Multiple housing
3 Caretaker’s accommodation for each dwelling with 1 or less bedrooms
• Type 2 Duplex $21,912.60 60% $8,950.41 0 $0.00
4 Multiple dwelling (Council reduced rate by -31.9%)
• Type 4 Conventional
for each dwelling if Secondary dwelling to
$6,534.01 0 $0.00
Dwelling house (Council reduced rate by -50.3%)
Other industry
Industrial business
1 Low impact industry
• Type 1 Warehouse
2 Medium impact industry
• Type 2 Production, alteration, repackaging
3 Research and technology industry
and repairing
4 Rural industry
Service & utility
5 Warehouse
• Type 2 Installation
6 Marine industry for each square metre of gross floor area $54.80 64% $35.07 50 238 -188 -$6,593.16
• Type 4 Treatment, recycling & disposal;
Other uses
Transport
1 Air service
• Type 1 Passenger terminal
3 Car park
• Type 2 Carpark
10 Port service
• Type 3 Depot
12 Utility installation
• Type 4 Aeronautical
Sub-Total, Residential = $39,442.68
Sub-Total, Non-Residential = -$6,593.16
STORMWATER (for Non-Residential Development only)
ALL Non-Residential Uses ALL Non-Residential Uses
for each square metre impervious to stormwater $10.95 100% $10.95 0 0 0 $0.00
(Except for Rural & Minor Uses) (Except for Rural & Minor Uses)
Calculation at
Planning
Regulation
2021-2022
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $32,849.00
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
Caretaker Units & Mezzanine Stormwater component already
Other covered by Industrial ground level impervious area (132007.738.4 - $3,944.00
IA)
*NET INFRASTRUCTURE CHARGE PAYABLE = $28,905.00
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 4
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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 5
Page 6
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 6
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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 7