Exhibition Item

Section 7.11 and section 7.12 of the Act authorise a consent authority to apply conditions requiring payment of local infrastructure contributions where they are defined in a Development Contribution Plan (CP). 

These contributions are used by Council to fund local infrastructure such as roads, cycleways, stormwater infrastructure, recreation, and community facilities which are required to address demand created by the incoming population. Applicants for a development may seek to undertake Works in Kind (WIK), in lieu of full or partial satisfaction of the payment of monetary contributions. A WIK can only be considered where the works are identified within the Work Schedules of a CP. These works would otherwise be delivered by Council using funds collected under the CP.

A Material Public Benefit (MPB) process is applied for the delivery of an infrastructure item that is not identified within the relevant CP. This may include items which upon balance provide a broader material public benefit than that identified in the CP. Council has previously utilised this process to deliver critical infrastructure across the LGA.

The existing WIK/MPB Policy was adopted by Council in 2009 and whilst there have not been any significant changes to legislation governing the acceptance and processing of agreements, the new draft policy aims to modernise the document and update references to the Act and Regulations.

Both the existing and new draft WIK/MPB policies:

• Set a framework for the preparation, lodgement, assessment and administration of applications by developers wishing to enter into a WIK/MPB Agreement with Council,
• Ensure compliance with regulatory requirements under the Act governing the use of WIK/MPB Agreements,
• Ensure probity, consistency and transparency in the decision-making process, and
• Provide assessment criteria to ensure that, on balance, the proposal to enter into a WIK/MPB Agreement will be advantageous to Council and the community.