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MCU18-0084 (Stage 1)_ICN.N1381_340 Pomona Kin Kin Rd PINBARREN · MCU18/0084
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: SE Keating & STJE Marsh Infrastructure Charges Notice No: N1381
C/- Project Urban Revision: 0
PO Box 6380
MAROOCHYDORE QLD 4558 Date of Issue: 24 September 2018
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:
Development Approval Reference: MCU18/0084 (Stage 1)
Land / Property Address: 340 Pomona Kin Kin Rd, Pinbarren Qld 4568
Real Property Description: Lot 26 M 37911
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
• Noosa Shire Council Charges Resolution (No.3) 2018 (effective 24 September 2018)
*NET INFRASTRUCTURE CHARGE PAYABLE = $16,600.00
*Current at: Planning Regulation 2018-2019
*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.
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 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, 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:
• This Infrastructure Charge has been calculated and based solely on the additional development to that
existing on the premises.
• This Infrastructure charge relates to Stage 1 of the Development Approval
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 2
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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 1
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.3) 2018 (Effective 24 September 2018)
Base Date at 1/07/2018
INFRASTRUCTURE CHARGE CALCULATION MCU18/0084 Planning At 2018-2019
Regulation = Financial Year
Colum n 6
Colum n 1
Use under The Noosa Plan
COUNCIL Council Charge Calculation
CHARGE
Colum n 2 Colum n 3
Per Table 10.1 EXISTING NET CHARGE
Developm ent class Unit of m easure
(Charges breakup) of Adopted APPROVED
Defined use (QTY) CHARGEABLE AMOUNT
Charge in Column 6 (QTY)
($ per unit of measure) (Credit) (QTY) $
per suite
$6,148.32 0 $0.00
(w ith 1 or 2 bedrooms)
per suite
$8,607.66 0 $0.00
(w ith 3 or more bedrooms)
per bedroom
Visitor accommodation $6,148.32 0 $0.00
(for a bedroom that is not w ithin a suite)
• Type 1 Home hosted
Residential
• Type 2 Caravan park per 1 or 2 tent/caravan sites $6,148.32 0 $0.00
Short term accommodation
• Type 3 Rural
• Type 4 Conventional per 3 tent/caravan sites $8,607.66 0 $0.00
per 1 or 2 bedroom cabin $6,148.32 3 3 $18,444.96
per 3 or more bedroom cabin $8,607.66 0 $0.00
Sub-Total, Residential = $18,444.96
At 2018-2019
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $18,444.00
Other Stormw ater not applicable for development located outside PIA $1,844.00
Council Policy “Infrastructure Charges Rebates For Community
REDUCTIONS Rebate $0.00
Organisations”
Trunk Infrastructure Offset $0.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $16,600.00
ALLOCATION OF LEVIED CHARGE TO TRUNK INFRASTRUCTURE NETWORKS
The infrastructure charge payable will be allocated to Council “Trunk ” infrastructure network s in accordance with Council’s Resolution as follows:
Column 4
* Net
Allocation of Council infrastructure charge to trunk Calculated Reductions
Council “Trunk” Infrastructure Network * Total Infrastructure
infrastructure networks Infrastructure Charge
(Table 10.2) Reductions Charge Payable
(At Planning Regulation
At 2018-2019
Residential Development Non-Residential Development 2018-2019) Other Rebate Offset Financial Year
Transport (Charge Type: icA3trans) 40% 85% $7,378.00 $0.00 $0.00 $0.00 $0.00 $7,378.00
Public Parks & Land for Community Facilities
50% 15% $9,222.00 $0.00 $0.00 $0.00 $0.00 $9,222.00
(Charge Type: icA3parkCF )
Stormwater (Charge Type: icA3storm ) 10% 100% $1,844.00 $1,844.00 $0.00 $0.00 -$1,844.00 $0.00
* Subject to Automatic Increase Provision until date of payment. *TOTALS = $18,444.00 $1,844.00 $0.00 $0.00 -$1,844.00 $16,600.00
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 3
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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
DECISION NOTICE ABOUT THE DECISION TO GIVE
AN 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.
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 (ICP) infrastructure charge notices issued
under legislation current at the time those approvals & (ICP) 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" and “State Planning Regulatory Provision (adopted charges)”.
The Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014 introduced
further amendments 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.
From 3 July 2017, lodged applications and infrastructure charges are assessed and issued in accordance with
the Planning Act 2016 and Planning Regulation 2017.
2. THE DECISION AND REASONS FOR IT
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;
(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.
On 6 February 2014, Noosa Council adopted 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 resolution has effect
on development approvals and charge notices issued from 6th February 2014 to 15 February 2015 in
accordance with the legislation current at the time of issue.
On 12 February 2015, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014" to
replace the "Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014" to include legislative
amendments that commenced on 4 June 2014. The resolution has effect on development approvals and charge
notices issued from 16th February 2015 to 27 October 2016 in accordance with the legislation current at
the time of issue.
On 20 October 2016, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014
(Amendment 1)" to reflect adopted amendments made to the planning scheme. The resolution has effect on
development approvals and charge notices issued from 28th October 2016 in accordance with the planning
legislation current at the time of 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
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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.
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:
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.
3. INFRASTRUCTURE CHARGE NOTICES
3.1 TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES
The triggers for issuing infrastructure charges are defined in the planning legislation 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; or
(4) Other development.
Under the planning legislation, 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.
3.2 DUE DATE FOR PAYMENT OF INFRASTRUCTUE CHARGES
(1) A levied charge becomes payable—
(a) if the charge applies for reconfiguring a lot— when the local government that levied the charge
approves a plan for the reconfiguration that, under the Land Title Act, is required to be given to the
local government for approval; or
(b) if the charge applies for building work—when the certificate of classification or final inspection
certificate for the building work is given under the Building Act; 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 is levied.
(2) The recipient of an infrastructure charges notice and the local government may also agree to other
arrangements for payment.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 5
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3.3 LEVIED CHARGE TAKEN TO BE A RATES
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:
(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. 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]
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 about the infrastructure charges notice to Council in
accordance with the planning legislation.
If Council agrees or agrees in part with the representations, a Negotiated 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
to the recipient.
The applicant may appeal against Council’s decision 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
Used in these records
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