Original source · versioned page text
REC13/0148 & MCU13/0226 ICN-N1046 with Info Notice
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: Valkev Pty Ltd Infrastructure Charges Notice No: N1046
C/- Max Watterson & Associates Revision No: 0
PO Box 639
COOROY QLD 4563 Date of Issue: 19 December 2014
Notice is hereby given under the Sustainable Planning Act 2009 and the Local Government Act 2009
that the infrastructure charge notice is levied by the Noosa Shire Council on the described land.
DEVELOPMENT TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Development Approval Reference: REC13/0148 & MCU13/0226
Type of Development Approval: Material Change of Use
LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Land Description: Lot 135 MCH 978
Address: Pearsons Road COOROY
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL: (at 1 July 2014 Index)
* CALCULATED INFRASTRUCTURE CHARGE = * $294,000.00
Infrastructure Offset for Condition 13. d – Upgrading of Elm St
-$16,038.00
Reductions “trunk” infrastructure Pathway Frontage
Rebate / Other Not Applicable -$0.00
* NET INFRASTRUCTURE CHARGE AMOUNT PAYABLE =
* $277,962.00
(Current at 1 July 2014 Index)
* Subject to Automatic Increase Provision until date of payment.
The Calculated Infrastructure Charge details are provided on page 3 of this notice.
(NOTE: Separate Infrastructure Charges may be issued by Unitywater as applicable)
AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation from the 1 July 2014
index to the index current at the time of making payment. The index is specified by the Sustainable
Planning Act 2009 and determined by the Minister.
CONTACT COUNCIL PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
Under the Sustainable Planning Act 2009, the Infrastructure Charge is to be paid to NOOSA COUNCIL
as follows:
DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
When Council approves the plan of subdivision for the
Reconfiguration a Lot
reconfiguration
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 1
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 5 pages
Page 2
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:
Under the Sustainable Planning Act 2009 an infrastructure charge levied by a local government is, for
the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 1993.
This means:
a. an adopted infrastructure charge may be recovered by court action for a debt;
b. an adopted 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 at the rate of 11% per annum calculated daily is payable on all infrastructure
charges outstanding after the due date shown on this 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 Tewantin office: 8.30 am to 4.30 pm Monday to Friday
In Person
(excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.55% 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.
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
Sustainable Planning Act 2009 and Statutory Regulatory Provision (adopted charges) applying at the
time of issuing the notice.
Council’s infrastructure charge levied is based on the following:
Charge
Development % Charge
Unit of Measure Rate % Council
Class (Clause 13 (c) $ Amount
(Table 13.1 (Table 13.1 Apportionment Qty
(Table 13.1 & Table 10.3 (at 1 July 2014 Index)
Columns 3 & 5) Columns 4 & (Table 10.1)
Column 2) Note: (1))
5)
Approved Development Defined Use & Quantity: 25 x New Residential Lots
Residential 3+ dwelling (lot) $28,000 100% 42% 25 $294,000.00
Gross Infrastructure Charge = $294,000.00
Discount (Credit) for Lawful Existing Defined Use & Quantity (Clause 8.4): 1 existing Non-Residential Community
Services Lot = No lot credit available as no existing development on site & no previous payments made to
infrastructure
Community
Non-Residential Services Vacant -$0 100% 42% 1 -$0
Lot
Existing Lawful Use or Contribution Discount (Credit) =
-$0
(Clause 8.4 - Limited to and not exceeding the Gross Infrastructure Charge)
Condition 13. d – Upgrading of Elm St
Infrastructure Offset for “trunk” infrastructure -$16,038.00
Pathway Frontage
* NET INFRASTRUCTURE CHARGE = * $277,962.00
The infrastructure charge payable will be allocated to Council “Trunk” infrastructure networks in
accordance with Council’s Resolution as follows:
* Net Infrastructure
Council “Trunk” Infrastructure Network Net Infrastructure Charge Amount
(Table 10.2) Charge
Offset
Payable
(at 1 July 2014 Index)
Transport $117,600.00 -$16,038.00 $101,562.00
Public Parks & Land for Community Facilities $147,000.00 -$0.00 $147,000.00
Stormwater $29,400.00 -$0.00 $29,400.00
* Net Infrastructure Charge Payable = * $294,000.00 -$16,038.00 * $277,962.00
* Subject to Automatic Increase Provision until date of payment.
Offset Details:
• Condition 13. d – Upgrading of Elm St Pathway Frontage
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
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 INFORMATION 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.
For development approved prior to 1 July 2011, infrastructure contributions and (ICP) charges continue to
apply in accordance with the development approval conditions and or infrastructure charge notices (ICP)
issued under legislation current at the time those approvals & charge notices were issued.
For development approved from 1 July 2011, adopted infrastructure charges are governed by local
government adopted infrastructure charges resolutions in accordance with the "Sustainable Planning Act
2009 (SPA)" and “State Planning Regulatory Provision (adopted charges) (SPRP)”.
The Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014 introduced
further amendments to SPA that commenced to apply for developments approved from 4 July 2014.
From 1 July 2014, Infrastructure Charges Notices are issued separately by both Council and Unitywater
relating to their specified “Trunk” infrastructure networks. All payments (including contributions & charges
previously issued) are also payable separately to Council and Unitywater respectfully.
2. THE DECISION AND REASONS FOR IT
The Sustainable Planning Act 2009 (as amended), provides for the following:
(1) Authorises local governments to do the following for development approvals:
(a) for trunk infrastructure, either or both of the following—
(i) adopt, by resolution, charges for development infrastructure and levy charges in accordance
with the resolution;
(ii) impose particular conditions about development infrastructure;
(b) for non-trunk infrastructure, impose particular conditions about development infrastructure; and
(2) Provides for a State planning regulatory provision to govern local government adopted charges and
charges by distributor-retailers under the SEQ Water Act for trunk infrastructure.
Noosa Council decided to apply infrastructure charges on development under its adoption of the "Noosa
Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014" to replace the "Sunshine Coast
Regional Council Adopted Infrastructure Charges Resolution (No.4) 2011" that translated across to Noosa
Council on 1 January 2014. The resolutions also detail the apportionment (break-up) agreement with
Unitywater.
3. INFRASTRUCTURE CHARGE NOTICES
3.1 TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES
The triggers for issuing infrastructure charges are defined in the SPA and SPRP and 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 issued by a Private Certifier.
Under the SPA, 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.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 4
Page 5
3.2 DUE DATE FOR PAYMENT OF INFRASTRUCTUE CHARGES (SPA SECTION 638)
(1) A levied charge becomes payable—
(a) if the charge applies for reconfiguring a lot—when the local government that levied the charge
approves the plan of subdivision for the reconfiguration; or
(b) if the charge applies for building work—when the certificate of classification or final inspection
certificate for the building work is given; or
(c) if the charge applies for 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 was levied.
(2) This section is subject to section 639.
3.3 EFFECT OF CHARGES NOTICE (INFRASTRUCTURE CHARGES TAKEN TO BE A RATE)
An infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate
within the meaning of the Local Government Act 1993. This means:
(1) an infrastructure charge may be recovered by court action for a debt;
(2) 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;
(3) INTEREST IS PAYABLE on overdue payments; and
(4) if charges are unpaid for 3 years, THE LAND CAN BE SOLD to recover the outstanding charges.
3.4 INTEREST ON OVERDUE INFRASTRUCTURE CHARGES
Compound interest at the rate of 11% per annum calculated daily is payable on all overdue infrastructure
charges outstanding after the due date for payment as applying to the infrastructure charges notice.
3.5 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.
4. APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE
Prior to making an appeal about an infrastructure charge notice, the recipient must first make
representations to the infrastructure charges notice in accordance with SPA sections 640 to 644.
4.1 APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE (SPA SECTION 478)
(1) The recipient of an infrastructure charges notice may appeal to the court about the decision to give the
notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have
imposed it;
(b) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(c) there was no decision about an offset or refund;
(d) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure identified in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government’s charges
resolution.
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
(4) The appeal must be started within 20 business days after the day the recipient is given the relevant
infrastructure charges notice.
4.1 HOW APPEALS TO THE COURT ARE STARTED (SPA SECTION 481)
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.
(4) However, the court may hear and decide an appeal even if the person has not complied with subsection
(3).
4.2 APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SECTION 535)
(1) The recipient of an infrastructure charges notice may appeal to a building and development committee
about the decision to give the notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(b) there was no decision about an offset or refund;
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government’s charges
resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the
relevant infrastructure charges notice.
4.3 HOW APPEALS TO COMMITTEES ARE STARTED (SPA SECTION 537)
(1) A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
of building development committees.
(2) The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
under a regulation.
5. INFRASTRUCTURE CHARGES ENQUIRIES
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]
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 6