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RFI - 9. Contributions in Lieu
GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018
9 CONTRIBUTIONS IN LIEU OF THE PROVISION OF ONSITE CARPARKING
Author Planning Scheme Project Manager, Raul Weychardt
Environment and Sustainable Development Department
Index ECM/ Transport Policy/infrastructure Charges Instruments & Policy
Attachments 1. Council Policy – Contributions in Lieu of the Provision of Onsite Car
Parking
EXECUTIVE SUMMARY
A draft policy for ‘Contributions in Lieu of the Provision of Onsite Car Parking’ has been prepared
for consideration by the Council. This is a Council policy, which is distinct from a planning
scheme policy under the Noosa Plan 2006.
The draft policy has been modelled on the former Planning Scheme Policy 13 - Contributions in
Lieu of the Provision of Off-street Parking (PSP13). Amendments in planning legislation
prevented the continuing use of a Planning Scheme Policy in deliberations about contributions
being accepted for the non-provision of car parking spaces on a development site.
While the proposed corporate policy does not form part of the planning scheme material, it
facilitates, where appropriate, alternative and preferred development outcomes and can operate
in parallel with assessment of a development application. It is intended the policy will define the
circumstances where Council may accept from an applicant a monetary contribution, the amount
applicable and how or where a contribution might be used. Importantly, the application of the
policy is by agreement of both Council and the applicant. An infrastructure agreement will be
entered into by the parties to facilitate the process.
RECOMMENDATION
That Council note the report by the Planning Scheme Project Manager to the General Committee
Meeting dated 14 May 2018 and
A. Adopt the ‘Contributions in Lieu of the Provision of Onsite Car Parking’ Policy as provided
at Attachment 1, and pursuant to section 97(1) of the Local Government Act 2009, fix for
the 2017/18 financial year, the costs recovery fees for Car parking Contributions under the
‘Contributions in Lieu of Provisions of Onsite Car Parking Policy’ as provided at Appendix 1
of the Policy; and
B. Authorise the Manager Development Assessment to implement the policy in parallel with
the assessment of development applications under the planning scheme in force for Noosa
Shire.
REPORT
1. Purpose
The purpose of the report is to enable Council to consider the proposed Contributions in Lieu of
the Provision of Onsite Car Parking’ policy, which provides for a mechanism for Council to enable
applicants via the development assessment process to make a monetary contribution by way of
an infrastructure agreement in lieu of providing onsite car parking in appropriate circumstances.
2. Background
Under the Noosa Plan 2006, the Driveway and Carparking Code stipulates the minimum vehicle
parking requirements for development. The amount of car parking required to be provided onsite
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018
is dependent upon the type and the scale of the development being proposed. For many years,
from at least 1991 to September 2013 a policy was in place to guide Council and the
development sector on the circumstances where Council will agree to a monetary contribution in
lieu of a development making provision for the required onsite car parking.
The most recent policy was Planning Scheme Policy 13 “Contributions in Lieu of the Provision of
off-street parking” (PSP13). PSP 13 was only applied where development was located on
property within a Business Centre, Visitor Mixed Use, Neighbourhood Centre, or Village Mix zone
under the Noosa Plan.
In accordance with PSP13, a condition was imposed on a development approval to
accommodate the contribution in lieu of the car parking being provided. However, as a result of
amendments made to the Sustainable Planning Act 2009, on 1 July 2011 Council was no longer
permitted to impose a condition that requires a monetary contribution for non-trunk infrastructure.
An alternative approach has been implemented since then, by applying PSP13 by way of a
separate Infrastructure Agreement between Council and the applicant. Under this approach, an
applicant signs an agreement before the application is decided and signed by the Council once a
resolution has been obtained approving the development and for a contribution to be made in lieu
of onsite car parking.
In May 2013, the State required the removal of PSP13 from the Noosa Plan as a result of the
introduction of the Priority Infrastructure Plan (PIP) and its subsequent conflict with the State
Regulatory Provision (adopted charges) 2012 and section 347(1)(b) of the Sustainable Planning
Act 2009. Consequently, there is currently no policy in place to guide the development sector or
staff about the acceptance or appropriateness of a contribution in lieu of onsite parking.
The State considers that contributions for onsite car parking obligations are outside the concept
of the infrastructure charging system under planning legislation (the former Sustainable Planning
Act 2009 and the current Planning Act 2016.) That system is based on overall networks of trunk
infrastructure and developers pay an amount attributable to the scale of their development’s
effect on the various types of trunk infrastructure.
On site car parking is not trunk infrastructure and is therefore not eligible for an infrastructure
charge and the State acted in 2013 to require cessation of onsite car parking contributions being
administered by Planning Scheme Policies. However the concept of a developer not providing
parking and instead making a contribution to Council to enhance local public parking is a well-
established practice that is beneficial to the development sector and the community through
improved public facilities available to all.
Therefore, the issue is being addressed by this corporate policy to effect an alternate
implementation mechanism outside the planning system. Similarly, Moreton, Sunshine Coast and
Gympie Regional Councils, for example, have maintained car parking contributions in their list of
development charges.
The lack of a policy has been a constraint on development outcomes in key centres such as
Hastings Street and Noosa Junction where there is limited opportunity to provide additional car
parking on smaller sites. Since 2013 there has been no published guidance about the
circumstances where Council will accept a contribution or the quantum of contributions in lieu of
each onsite car parking space. Noosa Junction business community representatives and two
local planning consultants have expressed support for a policy to be in effect.
3. Application of the Policy
The policy is intended to primarily apply to centres. Cooran, Kin Kin, Pomona, Cooroy, Tewantin,
Noosaville, Noosa Heads (Noosa Junction and Hastings Street), Sunshine Beach and Peregian
Beach centres are specifically mentioned and mapped in the policy. Maps are included in the
policy as Appendix 2. The policy can be applied to other development sites if the particular
circumstances warrant it and the developer/applicant is agreeable. Also the contribution may be
applicable for some of the car parking spaces and not necessarily all.
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018
The mapped areas in Appendix 2 include land in the Visitor Mixed Use Zone, Business Centre
Zone, Neighbourhood Centre Zone, Village Mix Zone and Community Services Zone. The maps
also include some land near central areas that are within the Semi-Attached Housing Zone and
Detached House Zone, where either limited business uses are allowed or currently exist.
Examples of this include land fronting David Low Way at Peregian Beach and fronting Sunshine
Beach Road at Noosa Junction.
The application of the policy is to be at the discretion of the Council. Should an applicant want to
contribute in lieu of providing onsite parking, the applicant is required to engage with staff in the
early stages of the assessment process. Further, the applicant is required to provide reasons
why a contribution should be accepted for the proposed development.
It is intended under the policy that under appropriate circumstances Council may accept a
monetary contribution in lieu of providing onsite parking, for either all or some of the required
parking, this will take the form of a voluntary infrastructure agreement between the parties. This
infrastructure agreement will operate in unison with a development approval that is issued over
the land. The form of the Infrastructure Agreement is prepared by a lawyer acting on Council’s
behalf but the costs are met by the applicant.
Both the development approval and infrastructure agreement rest with the land and bind
successors in title. An infrastructure agreement would need to be signed by an applicant before
the matter is presented for Council’s consideration and would be signed by the Council after it
has resolved to approve the development and the use of an infrastructure agreement. A copy of
the infrastructure agreement would be provided with the decision notice that is issued for the
development proposal.
4. Circumstances where contributions may be allowed
The policy provides for several circumstances where a contribution might be acceptable. It is not
intended that a proposed development must necessarily meet all criteria provided.
These include:-
The development site being located in a central area,
A site being constrained by having limited access,
A small site area resulting in a lack of onsite manoeuvrability, and
Areas identified as being preferred active street frontages with limited vehicle crossovers.
A good example is the existing commercial and retail development surrounding the open space
area in the Peregian Beach Village Centre. These properties are unable to provide onsite car
parking if redeveloped or expanded and it would not be desirable for vehicles to intrude across
these footpath frontages.
The policy also acknowledges that in some circumstances it might be desirable to allow a
contribution to be made despite development not being located in a central area. In such cases
the Council could allow a contribution to be made where the applicant has demonstrated there is
a significant need for a proposed development, which is in the public interest. Further, the
development is centrally located close to public transport and a lack of onsite parking will not
cause adverse traffic impacts off site.
5. Rate of Contribution and Usage
The rate of contribution has been determined having regard to the likely improvements which
could be made to public parking, transport and alternative transport infrastructure initiatives,
including improved cycleways and pedestrian footpaths. The proposed rate of contribution for
each of the areas is provided in Table 1, below.
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018
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 St $24,000 On road parking or transport initiatives
On road parking or transport initiatives
Noosa Heads – Noosa 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
The rates will be presented to Council each year for a decision. The most common
recommended change will likely be annual indexation in accordance with rises in the Consumer
Price Index – All Groups. Adopted charges take effect on 1 July each year and apply for the
financial year. However there may be occasions when for other reasons, a different amount
(higher or lower) may be warranted rather than simple indexation.
Staff propose that contributions that would ordinarily be payable in the Kin Kin, Cooran and
Pomona localities be waived in principle and for the time being to promote business activity and
job creation. The decision to waive the contributions would be made by Council.
The rates above are based on providing surface parking and/or implementing other transport
initiatives that would facilitate public access to centres by means other than a private car. Under
this policy, it is not envisaged that Council would be seeking to purchase additional land for car
parking in proximity to any of the central areas. This exclusion is due to the lack of readily
available land and the exceedingly high cost of acquisition of developed properties for the
purpose of conversion to car parking. Should this situation change, the policy and rates would
need to be reviewed.
The intention under the policy is to provide additional car parking where practical within the road
reserve or on land for which the Council is trustee, but without a loss of significant amounts of
open space. In developing this policy, staff have identified some potential locations for additional
surface parking. The funds could also be applied to the construction of a deck over an existing
car park such as at Noosa Junction.
Previous Council Consideration
Ordinary Meeting Minutes 26 June 2014, Item 1, Page 30
That Council note the report by the Senior Strategic Planner to the General Committee Meeting
dated 23 June 2014 and request Strategic Land Use Planning to prepare a detailed report
addressing the feasibility of accepting contributions in lieu of the provision of off-street parking
within each locality and, in the interim, not generally accept monetary contributions in lieu of the
provision of off-street parking.
Finance
The policy facilitates a transfer of obligations to cater for public access to commercial centres
from developers to Council in circumstances where this is considered to be in the community’s
interest. The expenditure of the funds will provide long term improvements to public
infrastructure.
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018
Risks & Opportunities
There are no risks identified with this proposed policy. The application of this policy is at the
discretion of Council. Reintroducing this form of policy is seen as an important opportunity to
provide a formal mechanism for facilitating developer contributions in lieu of the provision of
onsite car parking. For smaller sites in centres this is a particularly important alternative
development outcome.
Consultation
External Consultation - Community & Stakeholder
Noosa Junction business community representatives and two local planning consultants have
been engaged about the need for the policy. The response was clearly in support plus the
contribution system ought to be part of a holistic approach to transport particularly for those
centres where access and parking can be problematic at peak times.
Internal Consultation
This project was supported by a working group of staff from Strategic Land Use Planning,
Development Assessment and Infrastructure Planning.
Advice was sought from Governance staff about the development of a corporate policy pursuant
to Council’s Policy Framework Guidelines July 2014.
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning X Infrastructure Planning,
Design and Delivery
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018 qe NOOSA Council Policy mm mks 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: <Insert Date of Ordinary Meeting > 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; Define how contributions are to be obtained and expended, and 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; Page 1 Page 25 of 74
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018 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 oocereoeo eer eee 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 Page 2 Page 26 of 74
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018 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. Theconstruction 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 Page 3 Page 27 of 74
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018 COUNCIL POLICY - CONTRIBUTIONS IN LIEU OF THE PROVISION OF ONSITE CAR PARKING 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. Page 4 Page 28 of 74
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GENERAL COMMITTEE MEETING AGENDA 14 MAY 2018 COUNCIL POLICY - CONTRIBUTIONS IN LIEU OF THE PROVISION OF ONSITE CAR PARKING Appendix 2 - Central Area Maps Overton Way Park Map 1 Kin Kin Map 2 Cooran Page 5 Page 29 of 74
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