Response to applicant providing Infrastructure Charging methodology feedback - MCU15 0095 & REC15 0022.msg · REC15/0022

Subject: FW: IC Advice RE: Decision Notice MCU15/0095 & REC15/0022
From: Denis Wallace
Date: 2016-05-13T05:03:35.698000+00:00
To: '[email protected]'

Hi John,

 

Response below from our Infrastructure Assessment Coordinator regarding
the issued charge notice basis.

 

Feel free to give him a ring to discuss further.

 

Regards,

 

Denis Wallace

Coordinator Planning I Noosa Council 
Phone:              07 5329 6239
Email:        [email protected]
<mailto:[email protected]>  

Website:    www.noosa.qld.gov.au <http://www.noosa.qld.gov.au/> 

Location:   Level 3, 9 Pelican Street, Tewantin
Mail:          PO Box 141 Tewantin Qld 4565

cid:[email protected]

 

 

 

From: Oddbjorn Ludvigsen 
Sent: Friday, 13 May 2016 1:05 PM
To: Denis Wallace
Subject: IC Advice RE: Decision Notice MCU15/0095 & REC15/0022

 

Hi Denis,

 

The answer is that NO Adopted Charge Credit currently applies to this
Existing Vacant Non-Residential Lot under Council’s Charges Resolution
and the SPA Legislation since an automatic credit only relates to the
actual development that exists on the site. However a credit for the
Parks network has been fully given for the existing lot (see further
explanation below). 

 

i.e. Noosa Shire Council Charges Resolution (No. 2) 2014 Effective Date:
16 February 2015, Refer sections 8.4 & 8.5 which state:

 

8.4 Credit 

The credit for the premises is an amount which is the greater of the
following: 

(a) the amount of an adopted infrastructure charge previously paid for
the development of the premises; 

(b) where the premises is subject to an existing lawful use or previous
lawful use no longer taking place for: 

(i) residential development, the amount stated for an adopted charge in
Table 10.3 (Schedule of adopted charges) for the lawful use; 

(ii) non-residential development other than special uses, the amount
stated for an adopted charge in Table 10.3 (Schedule of adopted charges)
for the lawful use; 

(iii) non-residential development being special uses or other
development not otherwise identified in paragraphs (i) or (ii), the
amount for the charge category that the local government determines
should apply for the use; 

The onus remains with the applicant to provide full details and evidence
as to the extent and lawfulness of any claim for a credit for a previous
use no longer taking place. 

(c) where the premises is not subject to an existing or previous lawful
use:

           (i) for residential development, the amount applicable for a
residential lot stated for Residential (3 or more bedroom dwelling unit)
in Table 10.3 (Schedule of adopted charges) applicable to a single
residential lot provided the lot is capable of having a dwelling house
built on the lot in compliance the planning scheme requirements; 

(ii) for non-residential development, no credit applies; 

 

8.5 Additional credit for past contribution or charge 

For a past contribution and or charge that has been paid for a
particular network under a previous charging regime that exceeds the
network component of the credit applied under section 8.4 (Credit) an
“additional credit” against the adopted charge for the particular
network will be recognised. The amount of the credit will be determined
by converting the previous payment to an equivalent adopted charge as
determined by Council and only relates to the amount over and above the
standard credit applied under section 8.4 (credit). 

The amount of the credit will not be more than the adopted charge amount
apportioned for that network. The onus remains with the applicant to
provide full details and evidence of any payments of contributions and
or charges under a previous charging regime.

 

And 

 

i.e. SPA Legislation Section 636 which states: 

636 Limitation of levied charge

(1) A levied charge may be only for additional demand placed upon trunk
infrastructure that will be generated by the development.

(2) In working out additional demand, the demand on trunk infrastructure
generated by the following must not be included—

(a) an existing use on the premises if the use is lawful and already
taking place on the premises;

(b) a previous use that is no longer taking place on the premises if the
use was lawful at the time it was carried out;

(c) other development on the premises if the development may be lawfully
carried out without the need for a further development permit.

 

The Legislation is silent on how infrastructure charges apply on lot
reconfigurations and is therefore primarily governed by each individual
Local Government’s Charges Resolution. Note that some other Council’s
apply the full planning scheme gfa potential of the site upfront on the
lot reconfiguration approval rather than being primarily based on a
subsequent MCU approval that defines the actual development on the site.

 

Assessment Infrastructure Charges applicable for this Non-Residential
Lot Reconfiguration approval as follows:

 

As NO development exists on the site, there is no existing
non-residential m2 gfa credit available to be given. 

Similarly, no Adopted Infrastructure Charge under the current
legislation applied or was paid when the Lot was created so No adopted
charge for a non-residential Lot credit is available either.

 

However, when the lot was created under the Development Approval 23134
DA (Stage 3), the contributions applied & paid were only for Water
Supply & Sewerage Headworks & Parks under the PSPs that applied at that
time.

Therefore under section 8.5 of Council’s Charges resolution, the Parks
credit for a lot has been fully credited (Note this equivalent $2,520
lot credit applied in this charge notice greatly exceeds the actual $600
amount paid). No Transport network contributions applied or were paid so
no credit is available for those networks.

 

Note that Unitywater’s infrastructure charge notice for Water Supply &
Sewerage networks should include a credit & is assessed & applied as
determined by Unitywater.

 

If this non-residential Lot reconfiguration proceeds & the
infrastructure charge paid, then each created lot carries a full
non-residential lot adopted charge credit towards any future MCU
development of each site.

 

 

Regards

 

Lud

 

Oddbjorn Ludvigsen

Infrastructure Assessment Coordinator

PLANNING & INFRASTRUCTURE

Phone:                    07 5329 6449
Email:        [email protected] 

Website:    www.noosa.qld.gov.au <http://www.noosa.qld.gov.au/> 

Location:   Level 2, 9 Pelican Street, Tewantin
Mail:          PO Box 141 Tewantin Qld 4565

 

cid:[email protected]

Please consider the environment before printing this email 

 

From: Denis Wallace 
Sent: Friday, 13 May 2016 10:56 AM
To: Oddbjorn Ludvigsen
Subject: FW: Decision Notice MCU15/0095 & REC15/0022

 

 

From: John Rowell [mailto:[email protected]] 
Sent: Wednesday, 11 May 2016 11:20 AM
To: Denis Wallace
Cc: Hayley Edmunds; Edward Masterson
([email protected])
Subject: RE: Decision Notice MCU15/0095 & REC15/0022

 

Hi Denis,

 

Further to the issue of council’s Decision Notice for the above, I have
a couple of points which require action from council:

 

1.       Approved plan of subdivision – the approved plan as per
attached decision notice is as per what was originally lodged.  Refer to
the attached email correspondence between council / TFA confirming that
there was a minor amendment / update to this plan.  We require council
to amend the stamped approved drawing to reflect this latest plan and to
amend the date referenced in condition 2.  If this could simply be
back-dated to reflect the decision notice date that would be
appreciated.

2.       Infrastructure charges for the ROL – AS per the attached
charges notice, could council please clarify whether any credit should
be applied for the existing lot?

 

Many thanks Denis.  If the above could be actioned asap that would be
appreciated.

 

 

Regards,

 

John Rowell

Associate Town Planner

BA, MURP, MPIA

 

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From: Hayley Edmunds 
Sent: Friday, 29 April 2016 4:48 PM
To: John Rowell <[email protected]>
Subject: Fwd: Decision Notice MCU15/0095 & REC15/0022

 



Sent from my iPhone


Begin forwarded message:

	From: Kerri McKay <[email protected]>
	Date: 29 April 2016 4:44:33 pm AEST
	To: "[email protected]"
<[email protected]>, Hayley Edmunds
<[email protected]>
	Cc: "[email protected]" <[email protected]>,
"[email protected]" <[email protected]>,
"[email protected]"
<[email protected]>
	Subject: Decision Notice MCU15/0095 & REC15/0022

	Please refer to the link below to access the Decision Notice for
MCU15/095 (Material Change of Use of Premises - Retail Business Type 2
Shop & Type 5 Vehicle Uses) & REC15/0022 (Reconfigure a Lot – 1 into 2
Lots) and Approved Plan for REC15/0022 situated at 115 Eumundi Noosa
Road, Noosaville. Please note that this  link will expire on 19 May
2016, 4:34 PM. 

	The Infrastructure Charges Notice will be emailed under separate
cover for REC15/0022.

	
https://noosa-cianywhere.t1cloud.com/T1Prod/CiAnywhere/Web/Prod/ECMCore/
BulkAction/Get/a3c263c0-8f05-4aa6-8a2e-964e38137d54

	Please note, the document generation may still be in progress. 

	If you experience any problems accessing these documents, please
do not hesitate to contact me on the number below.

	Kind regards, 

	Kerri McKay

	 

	Kerri McKay

	Administration Officer – Planning & Development I Noosa Council 
	
	Phone:                    07 5329 6242
	Email:        [email protected] 

	Website:    www.noosa.qld.gov.au <http://www.noosa.qld.gov.au/> 

	Location:   Level 2, 9 Pelican Street, Tewantin
	Mail:          PO Box 141 Tewantin Qld 4565

	 

	Description: cid:[email protected]

	 

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