Local Infrastructure Contributions and Planning Agreements
Development contributions
The Environmental Planning and Assessment Act 1979 (EPA Act) enables councils or other consent authorities to levy contributions for public amenities and services required as a consequence of development.
Development Contributions are prepared in accordance with the requirements of the EPA Act and associated regulations.
Section 7.11 Contribution Plans
The City Wide Infrastructure Contributions Plan 2020 (amended in 2022) was adopted at the Ordinary Meeting of Council on 20 July 2022 and came into force on the 1 August 2022.
Further information regarding Infrastructure Contributions and guide can be found on Department of Planning and Environment’s (DPE) website here.
The City Wide Infrastructure Contributions Plan 2020 repeals and replaces various plans which can be found here.
Current contribution levies
The current contribution levies for the City Wide Infrastructure Contributions Plan 2020 (amended in 2022) are shown in the below document and are valid until 29 January, 2025.
Savings and transitional arrangements
A Development Application submitted prior to the adoption of Contribution Plans and/or Agreements, but not determined, shall be determined in accordance with the Plan/Agreement which applied at the date of determination of the Application.
Monitoring and review
Contributions Plans and Planning Agreements will be reviewed regularly in accordance with the Plans.
Forecasting for the future
Council’s Local Infrastructure Contributions Plans use population projections to assist us in planning the infrastructure required to meet the needs of the growing population of the Cessnock Local Government Area. Council has engaged ID (Informed Decisions), a specialist in demographics, to prepare a population forecasting module to assist us with our strategic planning. This forecasting module is now available to all and can be accessed at forecast.id.com.au/Cessnock.
Contributions register
In accordance with the EPA Act and Regulations, Council must have a Contributions Plan Register available at the link below:
Contributions quotations
Section 7.11 and Section 7.12 Contributions Quotation Application Form
Annual Statement
In accordance with Department of Planning, Planning Circular PS 21-002, Council is to provide an annual statement detailing the breakdown of contributions expenditure by project. Click here to view the current annual statement.(XLSX, 55KB)
Section 7.12 Fixed development consent levies
The Section 7.12 Levy Contribution Plan(PDF, 3MB) applies to all forms of development not otherwise covered by an existing Development Contributions Plan or Planning Agreement e.g. commercial, industrial, government agencies and mixed-use development.
Contributions for S7.12 are calculated on a percentage of the cost of the development. The S7.12 Levy Contributions Plan calculated these levies as follows:
Proposed costs of carrying out the development
|
Percentage of the levy
|
$0 to $100,000
|
0%
|
$100,001 to $200,000
|
0.5%
|
Over $200,000
|
1%
|
NSW State Government - Housing and Productivity Contribution
The Housing and Productivity Contribution came into effect in October 2023 by the State Government and is a separate levy to the Local Infrastructure Contribution.
The contribution applies to all development applications for residential, commercial and industrial development in the Lower Hunter Region which includes Cessnock.
Contributions collected will help deliver schools, hospitals, major roads, public transport infrastructure and regional open space. Further information can be found on the Department of Planning’s website.
Planning Agreements and Policy
A Planning Agreement is an agreement between the planning authority (Council or (DPE) the Department of Planning and Environment) and the developer.
Council’s adopted Planning Agreement Policy can be found here. To assist with the negotiation and preparation of Planning Agreements, Council has prepared the following documentation for assistance:
Planning Agreements
Council has entered into several Planning Agreements under section 7.4 Planning Agreements of the EPA Act. A register of these Planning Agreements can be found here(DOCX, 36KB). Individual register agreements can be found below:
Planning Agreements
Planning Agreements commenced:
- Henry Kendall Entrance Planning Agreement(PDF, 3MB)
- 174-178 Lang St, Kurri Kurri Planning Agreement(PDF, 3MB)
- Hunter Power Project (Kurri Kurri Power Station) Planning Agreement(PDF, 1022KB)
- 65 Abernethy Street, Kitchener Planning Agreement(PDF, 1MB)
- Heddon Greta (Local Infrastructure) Planning Agreement(PDF, 2MB)
- Huntlee Planning Agreement(PDF, 3MB)
- Huntlee Planning Agreement - Deed of Variation(PDF, 946KB)
- Huntlee Planning Agreement - Second Deed of Variation(PDF, 739KB)
- Huntlee Planning Agreement - Third Deed of Variation(PDF, 212KB)
- Huntlee Planning Agreement - Third Deed of Variation - Annexure A(PDF, 12MB)
- Cliftleigh (Local Infrastructure) Planning Agreement(PDF, 8MB)
Explanatory notes(PDF, 74KB)
- Cliftleigh Planning Agreement - Deed of Variation(PDF, 14MB)
Explanatory notes(PDF, 527KB)
- Cliftleigh Planning Agreement - Second Deed of Variation(PDF, 165MB)
Explanatory notes(PDF, 286KB)
- Bellbird Heights (Local Infrastructure) Planning Agreement
(PDF, 983KB) Explanatory notes(PDF, 351KB)
Planning Agreements not commenced:
Planning Agreements completed:
- West & Wyndham Streets, Greta (Local Infrastructure) Planning Agreement(PDF, 362KB)
Explanatory notes(PDF, 102KB)
- West & Wyndham Street, Deed of Variation(PDF, 2MB)
- Rose Hill (Local Infrastructure) Planning Agreement(PDF, 673KB)
Explanatory notes(PDF, 31KB)
- Kitchener (Local Infrastructure) Planning Agreement(PDF, 8MB)
Explanatory note(PDF, 273KB)
- Bailey's Lane Planning Agreement(PDF, 2MB)
Biodiversity Planning Agreements
Biodiversity Planning Agreements
- Cessnock Civic (Biodiversity) Planning Agreement (PDF, 2MB)
- Avery’s Village (Biodiversity) Planning Agreement(PDF, 1MB)
Explanatory notes(PDF, 344KB)
- Bellbird Heights (Biodiversity) Planning Agreement(PDF, 1MB)
Explanatory notes(PDF, 456KB)
- West & Wyndham Streets, Greta - Executed Biodiversity Planning Agreement(PDF, 915KB)
Explanatory notes(PDF, 465KB)
- West & Wyndham Streets, Greta - Novation Deed for Biodiversity Planning Agreement(PDF, 406KB)
- Orica Planning Agreement(PDF, 3MB)
Explanatory notes(PDF, 266KB)
- Black Hill Planning Agreement(PDF, 1MB)
Explanatory notes(PDF, 2MB)
Further information:
For more information, please email contributions@cessnock.nsw.gov.au.