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REC11-0045_InfrastructureChargeNotice_IC1006 - Rev0 · REC11/0045
Locked Bag 72
ABN 37 876 973 913 Sunshine Coast Mail Centre QLD 4560
Fax (07) 5441 8679
INFRASTRUCTURE CHARGE NOTICE
To: Ms AH Allen & Mr BE Allen
C/- KHA Development Managers, PO Box 6380
MAROOCHYDORE QLD 4588
cc: Ms AH Allen Date of Issue: 16/06/2011
PO Box 1040 Charge Notice No: IC00001006 Rev No: 0
NOOSAVILLE DC, QLD Reference No: REC11/0045
LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Property Description: Lot 1 SP 223013
Property Address: 44 The Anchorage NOOSAVILLE QLD 4566 4566
TRUNK INFRASTRUCTURE FOR WHICH THE INFRASTRUCTURE CHARGE NOTICE APPLIES:
INFRASTRUCTURE
Coastal Major Road Network ICP CHARGE AMOUNT = $3,144.00*
NOTE: * THE CHARGE AMOUNT IS SUBJECT TO CHANGES IN THE PRICE INDEX REFER TO
INFRASTRUCTURE POLICY BRANCH SECTION BEFORE MAKING PAYMENT
The Infrastructure Charge has been calculated in accordance with the details relevant to the nominated Infrastructure Charges
Plan above and is subject to variations in the Consumer Price Index (CPI), All Groups Brisbane from March 2011 until the
date of payment. COMPOUND INTEREST AT 11% PER ANNUM WILL BE CHARGED ON ALL OVERDUE CHARGES.
DUE DATE FOR PAYMENT:
The Infrastructure Charge is payable in accordance with Section 5.1.10 of the Integrated Planning Act 1997 and has reference
to: REC11/0045
The above development permit refers to: Lot Reconfiguration
The due date for payment is: Prior to Council Approval of the Plan of Survey
PERSON TO WHOM THE CHARGE MUST BE PAID:
Payment of the Charge must be made payable to Council via the Infrastructure Charges Officer, telephone (07) 5441 8679.
Notice is hereby given that the abovementioned infrastructure charges are levied by the Sunshine Coast Regional Council in compliance with the Integrated
Planning Act 1997, Chapter 5, Part 1, and by virtue of the Local Government Act on land described for the period prescribed, and such charges are DUE
AND PAYABLE BY THE ABOVE DATE. These charges plus any arrears and interest thereon may be recovered by legal process without further notice if
unpaid after the expiration of the DUE DATE.
John Knaggs
CHIEF EXECUTIVE OFFICER AMOUNT PAID: DATE:
------------------------------(cut along dotted line & submit below section with payment)---------------------------
INFRASTRUCTURE CHARGES PAYMENT SLIP
Date of Payment:
Charge Notice No: IC00001006 Rev No: 0 Payee:
Reference No: REC11/0045 Address:
Property Description: Lot 1 SP 223013
Property Address: 44 The Anchorage NOOSAVILLE QLD 4566 4566
Charge amount paid = $
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Page 2
INFRASTRUCTURE CHARGES NOTICE:
IMPORTANT NOTICE
1. PAYMENT:
This notice is due and payable by the due date shown. Cheques, money orders or postal notes
should be made payable to Sunshine Coast Regional Council and crossed “Not Negotiable”.
Change cannot be given on cheque payments. Property owners will be liable for any dishonour
fees.
2. INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
An infrastructure charge fixed 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. Charges may be recovered by court action for a debt;
b. Charges 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.
3. INTEREST:
Compound interest at the rate of 11% per annum is payable on all infrastructure charges
outstanding after the due date shown on this charges notice.
4. OVERSEAS PAYEES:
Please forward your infrastructure charges payment by way of a bank draft for the required
amount in Australian dollars.
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.
6. INFASTRUCTURE CHARGE IS SUBJECT TO PRICE VARIATION:
The amount of the charge is subject to variations in the Consumer Price Index (C.P.I.), All
Groups Brisbane from the reference date stated in this notice until the date the payment is
made.
PLEASE CONTACT INFRASTRUCTURE CHARGES OFFICER BEFORE MAKING
PAYMENT
7. INFRASTRUCTURE CHARGES ENQUIRIES:
Enquiries regarding this infrastructure charges notice should be directed to Council’s office,
Phone (07) 5441 8679, during office hours.
METHODS OF PAYMENT
PAYMENT BY MAIL PAYMENT AT COUNCIL OFFICES PAYMENTS METHODS NOT ACCEPTED
Confirm the current applicable Infrastructure Present this notice intact with an updated Payments via credit card transactions will not be
Charge. Tear off the payment slip and mail payment advice notice to Sunshine Coast accepted for payment of Infrastructure Charges.
immediately with your payment to: SUNSHINE Regional Council Customer Service Counter.
COAST REGIONAL COUNCIL, Locked Bag
72, Sunshine Coast Mail Centre QLD 4565. A
receipt will be issued.
Page 3
Explanatory Statement For
Infrastructure Charge Notice
PLANNING SCHEME AMENDMENT: COASTAL MAJOR ROAD
NETWORK INFRASTRUTURE CHARGES PLAN (CMRNICP)
• Its planning study component Transport & Road Networking
1. INTRODUCTION
in Noosa Shire (Beard, Black & Summers 1996); and
The Integrated Planning Act 1997 (IPA) commenced in March • Two planning studies associated with the Choosing Futures
1998 and with it came the introduction of Infrastructure process Cost Estimates for Future Road Infrastructure in
Charges Plans. The Coastal Major Road Network Infrastructure the Coastal Area of Noosa Shire (Callaghan Toth Consulting
Charges Plan (CMRNICP) was prepared in accordance with the Engineers) and Coastal Area Traffic & Transport to 2016
requirements of Chapter 5 of IPA. (Beard 2002).
The CMRNICP underwent public consultation in September and In combination, these documents find that:
October 2002 followed by a second review by the Department of • The cost of provision of road infrastructure should be borne
Local Government and Planning. The Minister for Local substantially by those making use of and causing the need for
Government and Planning issued approval of the CMRNICP on 3 the provision of that infrastructure.
June 2004 in accordance with conditions dated 18 May 2004.
• The road network existing at the benchmark year of 1998 was
Council adopted the amendment to the Shire of Noosa Planning adequately serving the needs of the existing community. That
Scheme, the Coastal Major Road Network Infrastructure network did not need the substantial upgrading anticipated
Charges Plan (CMRNICP) in accordance with the Minister’s under the Strategic Plan to cater for the existing community
conditions of approval as follows: needs.
(i) At the Ordinary Meeting of 10 June 2004, Council • The need for network upgrading is driven by future growth in
adopted the CMRNICP to apply to exempt and self- residential, educational, recreational and employment-based
assessable development. Public notice of Council’s sectors. Consequently, development giving rise to this growth
adoption of the amendment was given on 12 June 2004 should fund the majority of the cost burden.
(Sunshine Coast Daily), 15 June 2004 (Noosa News) and
• It is not possible to recover the full cost burden from future
18 June 2004 (Government Gazette): and
development and a significant component of funding needs to
(ii) At the Ordinary Meeting of 14 October 2004, Council also flow from the existing community.
adopted the balance of the CMRNICP applying to
An infrastructure charging regime under the provisions of the IPA
assessable development. Public notice of Council’s
(Chapter 5, Part 1) has been determined to be the appropriate
adoption of the amendment was given on 22 October
means of recovering the costs and to ensure the equitable
2004, (Noosa News & Government Gazette) and 23
distribution of costs between the existing and future populations
October 2004 (Sunshine Coast Daily).
and development.
The CMRNICP now applies to all development in the coastal area
of the Shire under Chapter 5 and Section 6.2.5 of IPA (as 2.2 PURPOSE & EFFECT OF THE AMENDMENT
amended by the Integrated Planning and Other Legislation The amendment applies to all land in the coastal area of Noosa
Amendment Act 2003 (IPOLAA 2003) that commenced on 4 Shire as defined by the localities of: Peregian Beach, Marcus
October 2004.) Beach, Castaways Beach, Sunrise Beach, Sunshine Beach, Noosa
The CMRNICP was adopted on 19 January 2006 as part of The Heads, Noosaville, Tewantin and Doonan (excluding properties in
Noosa Plan – IPA Planning Scheme to include The Noosa Plan Use Doonan and Tewantin that take access to Cooroy-Noosa Road or
Classes and Definitions and taking effect on 3 February 2006. Eumundi Road via Sunrise Road or Tinbeerwah Road), refer to Map
1.
2. PURPOSE & GENERAL EFFECT OF THE ADOPTED
The amendment will have the effect of ensuring that the road
AMENDMENT network in the coastal area of the Shire meets the needs of the
community. It also results in future development in the coastal
2.1 ADOPTED AMENDMENT area of the Shire being required to contribute to the funding
The adopted amendment specifically involves the introduction of programme.
the Coastal Major Road Network Infrastructure Charges Plan The Coastal Major Road Network Infrastructure Charges Plan has
into the planning scheme. as its benchmark year 1998, with its calculations based on April
The adopted amendment results from findings of: that year. Charges are subject to variations in the Price Index
from April 1998 to that current at the time of payment. The
• The Strategic Plan (1997);
current contributory rates are available from Council’s Land
Development Section, Tewantin office at Pelican Street, Tewantin.
SUNSHINE COAST REGIONAL COUNCIL Locked Bag 72, Sunshine Coast Mail Centre, QLD 4560
Ph: 07 5441 8679 email: [email protected]
Page 4
Coastal Major Road Network Infrastructure Charges Plan: Explanatory Statement 2
MAP 1 COASTAL AREA
4. EFFECT OF CHARGE NOTICE
An infrastructure charge fixed 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 infrastructure charges can be recovered as if it were a
rate (i.e. the charge can be recovered as a debt from the current
Noosa Heads
Doonan & Tewantin owner of the land).
Noosaville
Infrastructure charges plus any arrears and interest thereon
may be recovered by legal process without further notice if
Castaways Beach,
unpaid after the expiration of the due date.
Sunrise Beach &
5. REDUCTION IN CHARGES
Sunshine Beach
For some forms of development, the combination of circumstances
Areas of Doonan & Tewantin
Localities excluded from
that may apply is broad and may be complex. Where it is believed
Coastal Area
Marcus Beach &
that CMRNICP charges should be reduced or not levied due to the
COASTAL AREA
Peregian Beach circumstances defined in CMRNICP section 7.10a-e, development
proponents may wish to make application to Council for adjustment
(indicating localities defined for
the planning scheme under
preparation as part of the
Choosing Futures process) of charges. Such applications should be accompanied by relevant
histories and payment and construction details.
6. APPEALS ABOUT INFRASTRUCTURE CHARGES
3. INFRASTRUCTURE CHARGE NOTICES
IPA Section 4.1.36 Appeals about particular infrastructure
3.1 INTEGRATED PLANNING ACT 1997 charges states:
(1) This section applies to a person who has been given, and is
Most of the procedures governing the process for charging are dissatisfied with, an infrastructure charges notice or a regulated
defined by the IPA and not by the Coastal Major Road Network State infrastructure charges notice.
Infrastructure Charges Plan. (2) The person may appeal to the court against the notice.
3.2 TRIGGERS FOR INFRASTRUCTURE CHARGES (3) The appeal must be started within 20 business days after—
a) if the notice is given because of a development approval or
The triggers for issuing infrastructure charges are defined in master plan approval—the day the applicant is given notice
the CMRNICP and IPA, however will generally be triggered by: of the decision about the approval; or
• The issue of a development permit by Council for either: b) otherwise—the day the notice is given to the person.
(i) Reconfiguration of a lot; or (4) An appeal under this section may only be about—
a) whether a charge in the notice is so unreasonable that no
(ii) Material Change of Use of Premises; or
reasonable relevant local government, State infrastructure
• On Council’s receipt of a copy of a development permit for provider or coordinating agency could have imposed it; or
Building Works issued by a Private Certifier. b) an error in the calculation of the charge.
Under the IPA, infrastructure charges are not imposed by (5) To remove any doubt, it is declared that an appeal under this
condition on a development permit - they are an action that section can not be about the methodology used to establish the
follows the issue of a permit. So consequently, charges may be charge in the relevant infrastructure charges schedule or
imposed in cases where a development permit for a lot regulated State infrastructure charges schedule.
reconfiguration or material change of use of premises has
previously been granted, but a development permit for building 7. FURTHER INFORMATION
works is yet to issue for example:
Any person may inspect or purchase copies of the adopted
(i) A developer obtained a permit for a material change of amendment or supporting documentation from Council’s Tewantin
use for three units or a commercial premises in 2001 office at Pelican Street, Tewantin.
and with that approval still current, obtains a
The CMRNICP can also be viewed at and printed from Council’s
development permit for building works in 2005.
website at: www.sunshinecoast.qld.gov.au
Subsequent to the issue of the development permit for
building works, Council would issue a notification of the For further information and for general enquiries on
charge to the applicant/developer. infrastructure charging, please contact the Infrastructure Policy
Branch on: (07) 5441 8679.
(ii) Similarly, subsequent to Council receiving a copy of a
development permit for building works issued by a
private certifier for a new dwelling house on a vacant
lot, Council would issue a notification of the charge to
the applicant unless the contribution has previously
been paid under an earlier development permit.
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