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Appendix F - Contributions in lieu of parking policy

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                                                                               Council Policy
                                              CONTRIBUTIONS IN LIEU OF
                                              THE PROVISION OF ONSITE
                                              CAR PARKING
 Corporate Plan Reference:                    Corporate Plan Theme 3 - The Noosa Economy
                                              Priority 5 - Provide support to businesses to foster their
                                              establishment and growth.

 Endorsed by Council:                         17 May 2018

 Policy Author:                               Strategic Land Use Planning

POLICY BACKGROUND
The purpose of this policy is to:
1.    Outline the circumstances under which a monetary contribution might be made for
      development in lieu of providing onsite parking and the amount of such charges;
2.    Define how contributions are to be obtained and expended, and
3.    Encourage and promote alternative transport usage, rather than place continuing reliance on
      the use of private cars.
This is a Council Policy that is separate to the planning assessment process under the Noosa Plan
and the Planning Act 2016. The application of the policy is at the discretion of the Council.
The Policy acknowledges that while the Noosa Plan requires onsite car parking to be provided for
development certain circumstances may warrant allowing a contribution to be made as an alternative
to providing the car parking on site. The policy provides the circumstances under which a contribution
might be made by an applicant including nominated locations and relevant criteria.
The Council may allow a contribution to be made in lieu of some or all car parking required by
development under the Noosa Plan. The applicable contribution amount, how and where a
contribution might be spent are set out in the Policy. A contribution can only be made by way of an
infrastructure agreement between an applicant and the Council.
Under this policy the term ‘applicant’ means the person in whom the benefit of the application vests.

COUNCIL POLICY

A.    Accepting Contributions in lieu of Providing Car Parking Spaces on site
Council may accept monetary contributions in lieu of onsite parking despite the requirements of the
Noosa Plan and having regard to the following:-
1.    The premises are significantly constrained in terms of having restricted access, a small site
      area with limited onsite manoeuvrability, located near a road intersection or otherwise
      encumbered and unable to be readily amalgamated with adjoining land;
2.    It is not practical or desirable from a town planning perspective to provide the required amount
      of car parking onsite due to the nature and type of development adjoining the land;
3.    It is in the community’s interest to provide for alternative car parking arrangements because of
      traffic and or pedestrian safety concerns that might be caused by the development;
4.    The provision of onsite car parking and access is not practical or desirable from a character
      perspective, being within a central area and where additional footpath crossovers would
      adversely impact upon the streetscape or result in the loss of significant road side vegetation;


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COUNCIL POLICY - CONTRIBUTIONS IN LIEU OF THE PROVISION OF ONSITE CAR PARKING


5.    The locality would benefit more from improved public transport, pedestrian or cycle facilities
      compared to the provision of additional car parking onsite; and
6.    The development complies with the Noosa Plan or the Council has determined that there are
      reasons why the development should be approved despite any conflict with the assessment
      benchmarks, in accordance with section 63(5)(e) of the Planning Act 2016.
This policy applies to those areas shown shaded in Maps 1 to 10 (refer Appendix 2), applying to the
following areas:
     Kin Kin
     Cooran
     Pomona
     Cooroy
     Tewantin
     Noosaville
     Noosa Heads - Noosa Junction
     Noosa Heads - Hastings Street
     Sunshine Beach
     Peregian Beach
An applicant interested in contributing in lieu of providing onsite car parking under the Policy is to
engage with the Council in the early stages of the development assessment.

B.    Contributions may be accepted in Other Areas
In some circumstances Council may allow for a contribution to be made in lieu of providing onsite
car parking for development not included in a central area shown on Maps 1 – 10 (Appendix 2).
Council may agree to a contribution under this policy under the following circumstances:-
1.    The applicant has demonstrated that there is a significant community need for the proposed
      development;
2.    The proposed development is centrally located within an urban area and located close to public
      or active transport infrastructure;
3.    A lack of onsite car parking will not cause adverse undesirable traffic impacts off site; and
4.    The development complies with the Noosa Plan or the Council has determined that there are
      reasons the application should be approved despite not complying with any of the assessment
      benchmarks in accordance with section 63(5)(e) of the Planning Act 2016.

C.    Requirement for an Infrastructure Agreement
Should the Council determine that it is appropriate for an applicant to contribute in lieu of providing
onsite car parking, an infrastructure agreement shall be entered into by the parties. Under the
Planning Act 2016, an infrastructure agreement is separate to a development approval, both of which
reside with the land.
The infrastructure agreement entered into is to be in a form acceptable to Council. The infrastructure
agreement is to be signed by the applicant prior to a decision being made about the application. If
the Council resolves to enter into an infrastructure agreement, the Council will sign the infrastructure
agreement after the decision has been made to approve the development. A copy of the
infrastructure agreement will be provided with the decision notice that issues for the development in
accordance with the requirements of the Planning Act 2016. Any costs incurred by Council in
preparing and executing the Infrastructure Agreement shall be met by the applicant.

D.    No effect on Infrastructure Charges or other Works
The payment of a monetary contribution under an infrastructure agreement in lieu of the provision of
onsite car parking shall have no effect on infrastructure charges that might be payable under the
relevant Noosa Shire Council Charges Resolution. Further, any contribution made under this policy


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COUNCIL POLICY - CONTRIBUTIONS IN LIEU OF THE PROVISION OF ONSITE CAR PARKING


has no effect on any external works that might be reasonably required by the Council for
development under the Noosa Plan.

E.         Rate of Contribution
Contributions in lieu of the provision of onsite car parking will be in accordance with the rates
provided in Appendix 1.
The applicable rate will be adjusted annually having effect from 1 July each year. When the applicant
makes payment the amount shall be based on the applicable rate in Appendix 1 at that time.
Contributions in lieu of onsite car parking under Appendix 1 for the areas of Kin Kin, Cooran and
Pomona may be waived under this Policy by Council if it is demonstrated to be in the community’s
interest to assist business activity and job creation in these rural centres.

F.         Use of Contributions
Contributions obtained in lieu of the provision of onsite car parking for development will be expended
in the locality of the development. This does not necessarily mean that any additional parking will be
provided in the immediate vicinity of any development for which a contribution has been made.
Contributions received under the Policy may be used for, but are not necessarily limited to, any of
the following:
1.         The provision of car parking within a road reserve or on land for which the Council is trustee;
2.         Alteration and rationalisation of existing public car parking to improve efficiency and utilisation;
3.         Improvements to the configuration of existing infrastructure and facilities to improve traffic,
           pedestrian and cycle capacity or safety;
4.         The construction of additional pedestrian and cycle facilities in a locality to encourage transport
           means that are an alternative to private cars; and
5.         The construction of public transport infrastructure to improve efficiency and encourage the use
           of public transport.
To be clear, contributions received are not intended to be used to acquire land to provide additional
parking.
The provision of additional car parking and transport infrastructure where desirable and practicable,
is to occur without significant loss of public open space.

ROLES AND RESPONSIBILITIES
The Manager Development Assessment is responsible for the implementation of the policy in parallel
with the development assessment process.
Whether or not an applicant is able to contribute in lieu of the provision of some or all car parking
required for development under the Noosa Plan is to be determined by Council resolution.


RELEVANT LEGISLATION
The Local Government Act 2009


Version control:
     Version       Reason/ Trigger                 Change (Y/N)   Endorsed/ Reviewed by      Date

     1.0           Eg. Create new                                                            DD/MM/YYY

                   Eg. Review




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Appendix 1 – Contribution Rates

The following table indicates the applicable rates for the relevant central areas.

 CENTRAL AREA                  RATE PER SPACE           Purpose of Contribution
                               (current at 18 May
                               2018)
 Kin Kin                       $3,000*                  On road parking or transport initiatives
 Cooran                        $3,000*                  On road parking or transport initiatives
 Pomona                        $3,000*                  On road parking or transport initiatives
 Cooroy                        $10,000                  On road parking or transport initiatives
 Tewantin                      $12,000                  On road parking or transport initiatives
 Noosaville                    $15,000                  On road parking or transport initiatives
 Noosa Heads – Hastings                                 On road parking or transport initiatives
 Street                        $24,000                  (or potentially decked parking)
 Noosa Heads – Noosa                                    On road parking or transport initiatives
 Junction                      $24,000)                 (or potentially decked parking)
 Peregian Beach                $12,000                  On road parking or transport initiatives
 Sunshine Beach                $12,000                  On road parking or transport initiatives

* These amounts can be waived for these central areas upon application to Council.




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Appendix 2 – Central Area Maps




Map 1 Kin Kin




Map 2 Cooran




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COUNCIL POLICY - CONTRIBUTIONS IN LIEU OF THE PROVISION OF ONSITE CAR PARKING




Map 3 Pomona




Map 4 Cooroy




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Map 5 Tewantin




Map 6 Noosaville




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Map 7 Noosa Heads – Hastings Street




Map 8 Noosa Heads – Noosa Junction




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Map 9 Sunshine Beach




Map 10 Peregian Beach




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