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2022-08-09 Planning & Environment Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT   09 AUGUST 2022




                                                    Page 74 of 103

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                             09 AUGUST 2022

                                                           13
                                                   Noosa Shire Council
                                               Charges Resolution (No.7) 2022

           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      special  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
                                             with 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 19 August 2022

                                                                                               Page 74 of 103
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