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MCU19-0089_ICN.N1519_52-54 Mary St NOOSAVILLE
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
Wessell Petroleum Pty Ltd
To:
c/- Insite SJC Infrastructure Charges Notice No: N1519
PO Box 1688 Revision: 0
BUNDABERG QLD 4670
Date of Issue: 6 February 2020
Email: [email protected]
[email protected]
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: MCU19/0089
Land / Property Address: 52 - 54 Mary Street NOOSAVILLE QLD 4566
Real Property Description: Lot 21 on RP72829 & Lot 1 on RP131598
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
• Noosa Shire Council Charges Resolution (No.4) 2019 (effective 23 September 2019)
*NET INFRASTRUCTURE CHARGE PAYABLE = $0.00 (Offset Refund Payable)
Planning Regulation at
*Current at: 2019-2020 Financial Year
*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
The payment in the December quarter in the financial year following completion
$6,856.00
of the works and off-maintenance handover of the trunk infrastructure to Council
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 calculated daily at the rate stated in “Council’s Revenue Statement” is payable on
all overdue infrastructure charges outstanding after the due date for payment stated in the 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:
1. Development Permit Condition 22 requires necessary “trunk” infrastructure works to be undertaken whereby the
establishment cost of these works are offset against the infrastructure charge.
2. In accordance with the planning legislation and Council’s Charges Resolution, the establishment cost is identified
in the LGIP (Local Government Infrastructure Plan) and indexed to the reference date of the issued
infrastructure charges notice.
3. The Offset Calculations against the calculated infrastructure charge results in a refund for the amount of
$6,856.00 as detailed on pages 3 & 8 of this notice. Payment to be made in the December quarter following
completion of the works and “off-maintenance” handover of the trunk infrastructure to Council in accordance
with Sections 11 and 12 of Council’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 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 planning legislation and regulations applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.4) 2019 (Effective 23 September 2019)
1/07/2019
Calculation at
IC Resolution
INFRASTRUCTURE CHARGE CALCULATION MCU19/0089 Planning Regulation
Base Date =
2019-2020
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
Developm ent class Unit of m easure APPROVED CHARGE AMOUNT
(Charges breakup) of Adopted
Defined use (QTY) CHARGEABLE
Charge in Column 4 (QTY) $
($ per unit of measure) (Credit) (QTY)
• Detached house 3 or more bedroom dw elling $17,603.73 0 $0.00
• Community Residence
• Ancillary dw elling unit
2 bedroom dw elling $12,574.08 0 $0.00
&
Residential
Multiple housing
1 bedroom dw elling $8,560.00 2 -2 -$17,120.00
• Type 2 Duplex
• Type 4 Conventional Secondary dw elling to
• Type 5 Relocatable $6,249.00 0 $0.00
a detached house
a) Standard
m2 GFA $124.69 323 -323 -$40,274.87
Retail business Commercial (bulk goods)
• Type 5 Vehicle uses b) Service Station 2
m GFA $160.31 270 211 59 $9,458.29
Commercial (retail)
Sub-Total, Residential = -$17,120.00
Sub-Total, Non-Residential = -$30,816.58
STORMWATER 2042 2352
ALL Non-Residential Uses m2 impervious area $10.50 -310 -$3,255.00
(Non-Residential Development only)
Calculation at
Planning Regulation
2019-2020
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $0.00
Other $0.00
Council Policy “Infrastructure Charges Rebates For Community
REDUCTIONS Rebate $0.00
Organisations”
Condition 22 - frontage w orks = 44m x 2m trunk pathw ay upgrade
Trunk Infrastructure Offset (excluding drivew ays)
$6,856.00
*NET INFRASTRUCTURE CHARGE PAYABLE = -$6,856.00
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 and are governed by “Charges Resolutions” adopted
by local government in accordance with the planning legislation and regulations current at the time of issue.
Infrastructure Charges Notices are issued separately by both Council and Unitywater relating to their
specified “Trunk” infrastructure networks.
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 to 23rd September 2018 in
accordance with the legislation current at the time of issue.
On 20 September 2018, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.3) 2018"
replacing the "Noosa Shire Council Charges Resolution (No.2) 2014 (Amendment 1)" to reflect the current
planning legislation, regulation and LGIP. The resolution has effect on development approvals and charge
notices issued from 24th to 22nd September 2018 in accordance with the legislation current at the time of
issue.
On 19 September 2019, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.4) 2019"
replacing the "Noosa Shire Council Charges Resolution (No.3) 2018 to reflect the Amendment of the Planning
Regulation 2017 where the prescribed amounts have been updated to the current 2019-2020 financial year
and Unitywater having adopted its own Infrastructure Charges Schedule to better comply with its respective
legislation, the “South-East Queensland Water (Distribution and Retail Restructuring) Act 2009” (SEQ Water
Act). The resolution has effect on development approvals and charge notices issued from 23th September
2019 in accordance with the 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. Refer also to Queensland State Government Fact Sheet: “Local government infrastructure
framework, Calculating additional demand and existing use credits”.
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 calculated daily at the rate stated in “Council’s Revenue Statement” is payable on all
overdue infrastructure charges outstanding after the due date for payment stated in the 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.
3.6 USE OF INFRASTRUCTUE CHARGES COLLECTED
Under the planning legislation, a levied charge paid to a local government must be used to provide trunk
infrastructure. Council’s planning scheme identifies trunk infrastructure in Schedule 9.2-Schedule of Works
of its Local Government Infrastructure Plan (LGIP). https://www.noosa.qld.gov.au/view-the-noosa-plan
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 to Council about the infrastructure charges notice in
accordance with the planning legislation.
If Council agrees or agrees in part with the representations, a Negotiated/Amended 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
about the representations to the recipient.
The applicant may appeal against Council’s decision on representations 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
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6427.0 - Producer Price Indexes, Australia
Table 17. Output of the Construction industries,
subdivision and class index numbers
Index Number ; 3101 Road and bridge
Offset at Council construction rate from LGIP Extrinsic Material Concrete $/m 2 construction Queensland ;
Ext.10-2_Att 1-Pathw ay Project Attachm ents = Rate @ June 2014 base date = $72.11 107.00 Jun-14
Rate @ June 2019
(2019-2020 Financial Year) = $77.91 115.6 Jun-19
The developer to upgrade existing trunk footpath along frontage
length = 44
w idth = 2.0
Path Area m 2 = 88
OFFSET = $6,856.00 at 2019-2020 financial year
Transfer to IC Calc sheet
SC 9.3-3_LGIP-PFTI Transport_v2 (Map 8 Noosaville)
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 8