Lismore City Section 94 Contributions Plan

Transcription

1 2014

2

3 Lismore City Section 94 Contributions Plan

4 Table of contents 1. Summary of contributions Value of infrastructure Contribution rate examples Administration and operation Name of the plan Commencement of the plan What is the purpose of this plan? Land to which this plan applies Relationship to other plans Development to which this plan applies Definitions How does this plan operate? Adjustment of contributions When are development contributions payable? How the contributions may be paid Can deferred or periodic payments be made? Construction certificates and the obligation of accredited certifiers Section 96 modifications to development consents Exclusions for certain types of development Supporting documentation Accountability Pooling of contributions Review of plan and contribution rates Savings and transitional arrangements Goods and services tax Context and catchments Population and housing Lismore demographic snapshot Historical population Household size Lismore LGA - age structure Population mobility Other population characteristics Lismore urban population Lismore rural population Historical housing growth Dwelling types and bedroom numbers Population projections Lismore City Section 94 Contributions Plan ii

5 4.12 Non-residential development Community services and facilities Nexus and future demand Reasonableness Apportionment Catchments and development Works program Formula and contribution rates Public domain facilities Nexus and future demand Reasonableness Apportionment Catchments and development Works program Formula and contribution rates Open space and recreation facilities Nexus and future demand Reasonableness Apportionment Catchments and development Works program Formula and contribution rates Cycleway facilities Nexus and future demand Reasonableness Apportionment Catchments and development Works program Formula and contribution rates Traffic management facilities Nexus and future demand Reasonableness Urban roads Rural roads Stormwater Nexus and future demand Reasonableness Apportionment Catchments and development Works program Lismore City Section 94 Contributions Plan

6 10.6 Formula and contribution rates Emergency services Contribution rates Works schedule bushfire Works schedule SES Car parking Nexus and future demand Reasonableness Apportionment Contribution rates Works schedule Heavy haulage Nexus and future demand Exemptions under this plan Application of this plan Contributions Street trees Nexus and future demand Reasonableness Apportionment Contribution rates Works schedule Section 94 plan administration Nexus Apportionment Reasonableness Works Formula and contribution rates Table index Table 1 Value of Infrastructure... 2 Table 2 Contribution Rates Residential Urban Area... 3 Table 3 Contribution Rates Residential Rural North... 3 Table 4 Contribution Rates Residential Rural South... 4 Table 5 Commercial and Industrial Contribution Rates... 4 Table 6 Adjustment of contributions cost indices Table 7 Population Size and Population Change in Lismore LGA 1976 to 2011 (ERP) Table 8 Household Size Lismore City Section 94 Contributions Plan iv

7 Table 9 Occupancy Rate Relative to Number of Bed Rooms, Table 10 Population Mobility, Table 11 Population Size and Population Change in Lismore Urban Table 12 Population Size and Population Change in Lismore Rural Table 13 Dwelling Characteristics in Lismore 2001 to 2011 (Occupied) Table 14 Total Occupied Dwellings from 1976 to Table 15 Dwelling Type and Number of Bedrooms Table 16 Population Projections, Table 17 Projected Employment Growth Table 18 Community Services and Facilities Works program - Villages Table 19 Community Services and Facilities Works program CBD and Goonellabah Table 20 Public Domain Facilities - Works program Table 21 Open Space and Recreation - Acquisitions Works Program Table 22 Open Space and Recreation Facilities - Increased Capacity Works Program Table 23 Open Space and Recreation Facilities -Total Works program Cost Table 24 Cycleway Works Program Works directly attributed to new release areas Table 25 Cycleway Works Program -Total works program cost Table 26 Summary of Traffic Generation -Lismore Strategic Road Review (TTM Group, October, 2012) Table 27 Urban Traffic Management Works Program Table 28 Rural traffic management works program Table 29 Rural Roads North and South -Total Works Program Cost Table 30 Stormwater Facilities - Works program Table 31 Emergency Services Works Schedule Bushfire Table 32 Emergency Services Works Schedule State Emergency Services Table 33 Car Parking Works Schedule Table 34 Street Trees Works Schedule Figure index Figure 1 Land to which this plan applies... 7 Figure 2 Rural North and South Catchments Figure 3 Urban Catchment Figure 4 Age Structure, Lismore LGA, Lismore City Section 94 Contributions Plan

8 Appendices Appendix A Tucki Tucki Creek Corridor Acquisition Area Appendix B Location of Works Lismore City Section 94 Contributions Plan vi

9 1. Summary of contributions This Section 94 Contributions Plan addresses the public facilities and amenities that will be required to meet the needs of the incoming population of Lismore. It applies to the Lismore Local Government Area other than the North Lismore Plateau which has its own Section 94 Contributions Plan. Section 94 of the Environmental Planning and Assessment Act 1979 authorises a consent authority responsible for determining a development application to grant consent to a proposed development subject to a condition requiring the payment of a monetary contribution or the dedication of land free of cost, or both, towards the provision of public amenities and public services. This Plan was prepared in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation This Plan has been prepared taking into consideration the principles of nexus, apportionment and reasonableness. This plan describes the forecast future demands for public facilities and amenities in Lismore, the programs of works (projects) which will be implemented to meet these demands, the anticipated costs of these programs, and the basis for determining a reasonable apportionment of the costs to the incoming resident and worker population. It has been estimated that over the next ten years: The population of Lismore LGA will increase by an additional 2404 persons (excluding North Lismore Plateau). The total expected area of industrial / commercial development is will increase by 167,488 m 2 resulting in an additional 2,352 employees. The new population will result in the need for augmented and/or additional community facilities, cycle ways, open space and recreation facilities; stormwater infrastructure, public domain facilities, traffic and transport management facilities, and administration and plan management. 1.1 Value of infrastructure As a condition of development consent, Council will require payment of money and/or dedication of land or works as a contribution to the cost of the provision of infrastructure required to enable development in Lismore LGA (excluding North Lismore Plateau). The value of the contributions are based on the formulae shown in this Contributions Plan, using the cost of infrastructure and the extent of estimated development also shown in this Contributions Plan. The following table provides a summary of the cost of the proposed infrastructure to be funded under this Contributions Plan, the money that has been collected under previous plans that is being brought forward and the funds to be collected under this Contributions Plan. Lismore City Section 94 Contributions Plan 1

10 Table 1 Value of Infrastructure Purpose Cost of works funded under this plan Amount previously collected Remaining funds to be collected Community Services and Facilities $230,512 $14,600 $215,912 Public Domain Facilities $847,207 $0 $847,207 Open Space and Recreation Facilities $405,000 $191,300 $213,700 Tucki Tucki Open Space Corridor $63,123 $0*** $63,123 Cycleway Facilities $851,025 $328,100 $522,925 Rural North and South Traffic Management Facilities $3,450,897 $2,130,300 $1,320,597 Urban Traffic Management Facilities $18,007,600* $4,574,900 $9,781,016** Stormwater $100,000 $0 $100,000 Emergency Services (Bushfire) $143,700 $143,700 0 Emergency Services (SES) $77,400 $77,400 0 Car Parking $65,200 $65,200 0 Street Trees $281,500 $281,500 0 Village Community Facilities $148,200 $148,200 0 Section 94 Plan Administration $275,000 $0 $275,000 Total $24,946,364^ $7,955,200 $13,339,480 * This is the ten year works program inclusive of the urban traffic management contribution from the NLP urban release area ** This is the ten year works program less the existing amount in the fund and less the anticipated urban traffic management contribution from the NLP urban release area *** The $558,600 in pooled funds will be used to acquire and embellish land currently subject to the acquisition process which effectively reduces the pool money available for future acquisition and embellishment to zero ^ This is the total cost of works that will be funded under this contributions plan inclusive of the urban traffic management contribution from the NLP urban release area 1.2 Contribution rate examples The following tables show examples of contribution rates for certain development at the date of adopting this Contributions Plan. Over time they will need to be increased according to the Consumer Price Index (CPI) and a relevant Producer Price Index (PPI). Lismore City Section 94 Contributions Plan 2

11 Table 2 Contribution Rates Residential Urban Area Rate Per Person ($) Dwelling house For a 3 bedroom dwelling house at 0.8 persons per bedroom (equivalent to a residential lot) Multi dwelling housing For a 2 bedroom dwelling at 0.8 persons per bedroom Community Services and Facilities $65 $156 $104 Public Domain Facilities $254 $610 $406 Open Space and Recreation Facilities (including Tucki Tucki Creek corridor) $115 $276 $184 Cycleway Facilities $332 $797 $531 Urban Traffic Management Facilities $1,093 $2,623 $1,749 Stormwater $16.50 $40 $26.5 Section 94 Plan Administration $46 $110 $74 Total $1, $4,612 $3, Table 3 Contribution Rates Residential Rural North Rate Per Person ($) Dwelling house For a 3 bedroom dwelling house at 0.8 persons per bedroom (equivalent to a residential lot) Multi dwelling housing For a 2 bedroom dwelling at 0.8 persons per bedroom Community Services and Facilities $65 $156 $104 Public Domain Facilities $254 $610 $406 Open Space and Recreation Facilities (including Tucki Tucki Creek corridor) $115 $276 $184 Rural North Traffic Management Facilities $1,593 $3,823 $2,549 Stormwater $16.50 $40 $26.50 Section 94 Plan Administration $46 $110 $74 Lismore City Section 94 Contributions Plan 3

12 Total $2, $5,015 $3, Table 4 Contribution Rates Residential Rural South Dwelling Type Dwelling house Multi dwelling housing Rate Per Person ($) For a 3 bedroom dwelling house at 0.8 persons per bedroom (equivalent to a residential lot) Community Services and Facilities $65 $156 $104 Public Domain Facilities $254 $610 $406 Open Space and Recreation Facilities (including Tucki Tucki Creek corridor) $115 $276 $184 Rural South Traffic Management Facilities $1,593 $3,823 $2,549 Stormwater $16.50 $40 $26.50 Section 94 Plan Administration $46 $110 $74 For a 2 bedroom dwelling at 0.8 persons per bedroom Total $2, $5,015 $3, Table 5 Commercial and Industrial Contribution Rates Commercial Industrial Contribution Per Employee Contribution per m 2 (at 1 employee per 46 m 2 ) Contribution per employee Contribution per m 2 (at 1 employee per 88 m 2 ) Community Services and Facilities Public Domain Facilities Urban Traffic Management Facilities $64 $ $252 $ $5,287 $115 $2,188 $25 Stormwater $39.50 $0.85 $16.50 $0.20 Section 94 Plan $108 $2.35 $45 $0.50 Administration Total Urban $5, $ $2, $25.70 Total Rural North $ $10.10 $61.50 $0.70 Total Rural South $ $10.10 $61.50 $0.70 Lismore City Section 94 Contributions Plan 4

13 Lismore City Section 94 Contributions Plan 5

14 2. Administration and operation 2.1 Name of the plan This Plan is called the Lismore City Section 94 Contributions Plan. 2.2 Commencement of the plan This Plan was endorsed by Lismore City Council on 11 November 2014 and commenced on 1 January Development applications assessed on or after the commencement date will be subject to the provisions of this plan. 2.3 What is the purpose of this plan? The primary purpose of this Plan is to satisfy the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) and the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) to enable Council to levy payment of a monetary contribution, a dedication of land, or, in lieu thereof, to accept the provision of material public benefits (including the dedication of land) or the carrying out of works in kind, towards the provision, extension or augmentation of services and facilities that will, or are likely to be, required as a consequence of development in Lismore. Other purposes of this Plan are to: Provide the framework for the efficient and equitable determination, collection and management of development contributions towards the provision of services and facilities. Ensure that public services and facilities are provided in a reasonable time within the City of Lismore. Ensure that all new development that benefits from public services and facilities contributes to its provision. Ensure that the existing Lismore community is not unreasonably burdened by the provision of public infrastructure required (either partly or fully) as a result of the ongoing development and re-development of Lismore. Provide an overall strategy for the co-ordinated delivery of services and facilities consistent with Council s strategic intent. Provide a comprehensive and transparent strategy which is implemented for the assessment, accounting and review of development contributions made under Section 94 of the EP&A Act and EP&A Regulation for Lismore. Indicate a program of works and expenditure for the provision of public services and facilities required as a result of development. 2.4 Land to which this plan applies This Plan applies to land within the Lismore local government area (LGA), referred to in this Contributions Plan. Figure 1 illustrates the Land to which this Plan applies. Council will levy all development in Lismore LGA which generates the need for additional amenities, facilities and services, which the Council provides. Development includes subdivision and new dwellings. North Lismore Plateau is excluded from this S94 plan as it has a stand-alone S94 plan. Lismore City Section 94 Contributions Plan 6

15 Figure 1 Land to which this plan applies Lismore City Section 94 Contributions Plan 7

16 2.5 Relationship to other plans This Plan repeals Lismore Contributions Plan, March 2004 (as amended). Contributions raised and paid under the auspices of the repealed plans will be directed towards the respective facility categories contained in this Plan. This Plan incorporates the outstanding fund balances of the repealed plans, as existing at the time of the plan s introduction. Contributions levied under the repealed plans may be adjusted at the time of payment in accordance with movements in the quarterly Consumer Price Index or a Producer Price Index as nominated in the repealed plan. This Plan is consistent with Council s current Management Plan and provides a means of implementing priority facilities and strategies adopted by Council for the provision of public facilities and amenities in Lismore. This Plan complements Council s various development control plans and policies. However, developers and owners should check other relevant plans and policies for further information and development standards that may relate to their site. 2.6 Development to which this plan applies Contributions will be levied on all development within Lismore LGA other than exempt development and development specifically excluded from the application of this plan. 2.7 Definitions The definitions relating to this Plan not stated below have the same definition as those contained in the Council s LEPs and DCPs. Where a definition is not contained in this Plan, the LEP or DCP then the following documents, in order of preference, shall be used to determine the meaning of the word. 1. The Environmental Planning and Assessment Act The Environmental Planning and Assessment Regulation Other Acts and Regulations of the NSW Parliament. 4. The latest edition of the Macquarie Dictionary. In addition in this Plan, the following words and phrases have the following meanings: ABS means the Australian Bureau of Statistics. Contribution means the dedication of land, the making of a monetary contribution or the provision of a material public benefit, as referred to in Section 94 of the EP&A Act. Council means Lismore Council. CPI means the All Groups Consumer Price Index (Sydney) as published by the Australian Bureau of Statistics. EP&A Act means the Environmental Planning and Assessment Act 1979 as amended. EP&A Regulation means the Environmental Planning and Assessment Regulation 2000 as amended. LEP means a Local Environmental Plan made by the Minister under Section 70 of the EP&A Act. LGA means Local Government Area. Planning agreement means a planning agreement referred to in Section 94 of the Environmental Planning and Assessment Act PPI means Producer Price Indices as published by the Australian Bureau of Statistics. Lismore City Section 94 Contributions Plan 8

17 Works Schedule means the schedule of public facilities and services for which development contributions may be required. It also includes the likely timing of provision of those public facilities based on projected rates of development. 2.8 How does this plan operate? Section 94 of the EP&A Act permits Council to levy developers to provide or assist in providing new public facilities and services required as a result of new development. The mechanism to require the contribution is through the development assessment process. In determining a Development Application or issuing a Complying Development Certificate, Council (or a certifier) may impose a condition of development consent requiring the payment of a monetary contribution, dedication of land and/or works in kind, in accordance with the provisions of this Plan. This Plan identifies the quantum of contribution to be levied for an individual development, and what public services and facilities the contribution may be directed towards. Such details are to be included in the respective development approval. The parameters and assumptions used to identify contributions and the infrastructure works required as a result of development are dynamic. As a result, this Plan will be reviewed periodically. Contributions are generally calculated as an amount per person (or for commercial and industrial development it can be Gross Floor Area (GFA) in square metres) generated by the proposed development. A standard residential lot is assumed to be the equivalent of a standard 3 bedroom dwelling house with 2.4 persons occupying it. Different size dwelling houses or types of residential accommodation will be determined by multiplying the per person contribution rate with the prevailing occupancy rate (0.8 per bedroom) and the number of bedrooms proposed. Residential development will incur contributions at the subdivision stage. Residential development subsequent to subdivision will be assessed on its merits with credit given for previous contributions. Commercial and industrial development will be assessed on GFA in the first instance or if a change of use is proposed using an existing structure then on the change in the number of persons to be employed (equivalent full time). No contributions will be required under this Plan for commercial and industrial development for subdivision. Tourist and visitor accommodation (as well as caravan parks and eco tourist facilities) will be assessed by multiplying the equivalent residential per person contribution rate by the prevailing occupancy rate (0.8 per bedroom) and the number of bedrooms. Where no bedrooms are proposed such as a camping ground, then the relevant commercial rate will be applied based on the number of employees (equivalent full time) on the site. Other development will be assessed on merit. Information on the contributions received, and details of how these contributions have been applied toward the provision of the services and facilities described in this Plan, will be reported in Council s annual financial statements. A register of contributions received under this Plan will also be maintained and made publicly available by Council. 2.9 Adjustment of contributions To ensure that the values of the contributions are not eroded over time by inflation Council will amend the contribution rates at the time that an application is determined. The contribution rates listed will be increased according to the Consumer Price Index (CPI) or a relevant Producer Price Index (PPI) to allow for increases in the cost of provision of facilities or services. The cost indices will be applied as follows: Lismore City Section 94 Contributions Plan 9

18 Table 6 Adjustment of contributions cost indices Infrastructure category Community facilities Open space embellishments Stormwater Roads Land for a public purpose Adopted cost index ABS PPI Building Construction Index for NSW (no. 30) ABS PPI Non-Residential Building Construction Index for NSW (no. 3020) ABS PPI Non-Residential Building Construction Index for NSW (no. 3020) ABS PPI Road and Bridge Construction CPI (All Groups) Where a contribution required as a condition of development consent is adjusted at the time of payment in accordance with the latest CPI (All Groups Sydney) or PPI as published quarterly by the Australian Bureau of Statistics, the following formula will be used: Contribution at time of payment = C x CPI 2 CPI 1 Where: C CPI 2 CPI 1 = The original contribution amount as shown on the consent. = The Consumer Price Index Number (Sydney - All Groups) or Producer Price Index currently available from the Australian Bureau of Statistics at the time of payment. = The Consumer Price Index Number (Sydney - All Groups) or Producer Price Index last published by the Australian Bureau of Statistics at the time of coming into effect of the Plan, or subsequent amendment of the Plan. This example shows how a council would escalate benchmark costs to the March 2015 quarter using the CPI or PPI. For simplicity, we assume that the benchmark cost is $1,000, which is in 2012/13 dollars. The PPI for the June 2013 quarter is and for the purposes of this example we assume that the PPI for the March 2015 quarter is The escalated benchmark cost for the March 2015 quarter is: escalated cost = $1,000 X (106.5/103.1) =$1,000 X =$1, When are development contributions payable? Council s policy in relation to the timing of payments of monetary contributions required under this Plan is as follows Development involving subdivision Payments are required under this Plan prior to the issue of any Subdivision Certificate. No payment is required for subdivision of land zoned Business or Industrial under the prevailing Local Environmental Plan. Lismore City Section 94 Contributions Plan 10

19 Other development that requires a construction certificate In respect to all other developments, including the construction of multiple dwellings on a single parcel of land, monetary contributions required under this Plan will be payable prior to the issue of any Construction Certificate for the development, including any excavation Development applications involving both subdivision and building works Payment is to be made before the release of a Construction Certificate or Subdivision Certificate whichever occurs first or as required by conditions of consent in the specific circumstances Other development not requiring the issuing of a construction certificate Payment is to be made prior to the issuing of the first Occupation Certificate or commencement of the use, whichever occurs first How the contributions may be paid The EP&A Act provides that development contributions may be met by payment of a monetary contribution, the dedication of land, the carrying out of works in kind or the provision of a material public benefit or any combination of these methods. Each of these methods is a form of payment. Any agreement by Council to accept non-monetary contributions will not alter the total calculated contribution due and payable and no amendment to the contribution condition to reduce the calculated amount will be made. The method of satisfying a contribution does not change the obligation to make the contribution Monetary contribution This is the usual means of satisfying a condition of consent requiring a Section 94 Development Contribution. Payment must be in the form of cash, debit card (EFTPOS) or bank cheque. Credit cards are not accepted. Personal and company cheques are not accepted Voluntary planning agreements Council will request the applicant to commence negotiation of a Voluntary Planning Agreement under Sections 93C to 93L of the EP&A Act where there is a proposal to dedicate land, carry out works in kind and/or provide a material public benefit. A joint voluntary planning agreement of the proposal is required to ensure the legality of non-monetary payments of development contributions. Contributions through a Planning Agreement may be additional to or instead of paying a contribution in accordance with a condition of development consent authorised by this Plan. This will be a matter for negotiation with Council. The offer to enter into the Planning Agreement together with a copy of the draft Agreement should accompany the relevant Development Application or rezoning proposal. Section 93G(1) and (2) of the EP&A Act and Clause 25D(1) of the EP&A Regulations requires a draft Planning Agreement to be exhibited concurrently with a Development Application or a Development Control Plan. In order to satisfy these criteria, the applicant must notify Council of their preference to negotiate any non-monetary payment of development contributions prior to the lodgement of any Development Application. If Council agrees to enter into the Planning Agreement, it may impose a condition of development consent under Section 94 of the EP&A Act requiring the agreement to be adopted. Lismore City Section 94 Contributions Plan 11

20 If Council does not agree to enter into the planning agreement, it may grant consent subject to a condition authorised by this Plan requiring the payment of a contribution Land dedication and voluntary planning agreements A Voluntary Planning Agreement may make provision for the transfer of land free-of-cost to Council in full or partial satisfaction of a contribution required as part of a Development Consent. The land may be for any purpose identified within the works programs of the Plan. The estimated value of the land will be negotiated as part of the Planning Agreement, taking into account the unique characteristics of the land and the circumstances of the transfer including but not limited to: The extent to which development potential has been lost or retained, wholly or partly. Whether the land has been identified by any adopted policy of Council including, but not limited to this Plan. However, in the case of land not targeted in this plan, Council will also assess the potential impact on the achievement of the identified works programme. The size, shape, location, accessibility and topography of the land proposed to be dedicated. Whether the land adjoins an existing area of open space and can be readily consolidated into that area and/or the land will create or improve accessibility within the area. Any factors which may affect the usability of the land such as soil condition, flood liability, possible site contamination, public accessibility and safety, proximity to existing uses, current use of the land, cost of embellishment or construction of the proposed facility, impact on this Plan s works programs, measures required to fence and maintain the land in the event that works cannot be carried out for some time, and the like. The degree to which the identified land can satisfy the purpose for which the contributions has been sought. The on-going costs to Council of care, control and management both prior to and after any improvement works are carried out on the land Works in kind, material public benefit and voluntary planning agreements Council may accept an offer by the applicant to provide an in-kind contribution (i.e. the applicant completes part of all of a work identified in the Plan) or through provision of another material public benefit in lieu of the applicant satisfying its obligations under this Plan by way of payment of a monetary contribution. A material public benefit is defined in the EP&A Act as not comprising the dedication of land or the payment of monetary contribution. Council will only accept an in-kind contribution provided the works to be undertaken are consistent with the contribution that would otherwise be required under this Plan and the standard of the works is to Council s full satisfaction. Acceptance of works in kind is at the sole discretion of Council. Council may review the valuation of works and may seek the services of an independent person to verify the costs. In these cases, all costs will be at the expense of the applicant. All proposed works must be formally agreed to by Council and documented in a formal Planning Agreement under the EP&A Act. Lismore City Section 94 Contributions Plan 12

21 2.12 Can deferred or periodic payments be made? Council s policy is to allow deferred or periodic payment of monetary Section 94 contributions subject to consideration of a written application to Council before the payment is due. In deciding whether to allow deferred or periodic payment of a monetary contribution, Council will take into consideration the following matters: The reasons provided by the applicant requesting a deferred or periodic payment. Whether prejudice will be caused to the community deriving benefit from the services being provided under this Plan. Whether allowing the deferred or periodic payment is likely to prevent the public services and facilities being provided to meet the demands of development in a timely manner. Whether the applicant has provided the Council with adequate security in relation to the deferred or periodic payment. Any other relevant circumstances. If Council determines to allow the application, arrangements relating to the deferred or periodic payment will not take effect until the applicant has entered into a written agreement with Council reflecting the terms of the approval. The decision to agree to such a request will be at the complete discretion of Council. If Council decides to accept deferred or periodic payment, it may require the applicant to provide a bank guarantee for the full amount of the contribution or the outstanding balance on condition that: Indexing will be calculated from the date the contribution was due until the date of payment. The bank guarantee for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to the deferred time period, interest plus any charges associated with establishing or operating the bank security. The bank unconditionally pays the guaranteed sum to Council if requested by Council in writing not earlier than 12 months from the provision of the guarantee or completion of the work. The bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development. The bank's obligations are discharged when payment to Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid. Council is also entitled to claim any charges associated with establishing or operating the bank security. The applicant is to be provided with the details of any such expenses Construction certificates and the obligation of accredited certifiers In accordance with Schedule 1 (Part 1 Clause 10) EP&A Act and Clause 146 of the EP&A Regulation, a certifying authority must not issue a Construction Certificate for building work or Lismore City Section 94 Contributions Plan 13

22 subdivision work under a development consent unless it has verified that each condition requiring the payment of monetary contributions has been satisfied. In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that contributions have been fully paid and copies of such receipts must be included with copies of the certified plans provided to Council in accordance with clause 142(2) of the EP&A Regulation. If an accredited certifier fails to comply with this requirement, Council may impose the necessary condition on the Complying Development Certificate and it has effect as if it had been imposed by the accredited certifier. The only exceptions to the requirement are where a work in kind, material public benefit and/or dedication of land arrangement has been agreed by Council. In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant Section 96 modifications to development consents Any subsequent Section 96 modification to an issued development consent does not alter the original date of consent. Any formal application to modify a development consent that will alter the contributions due and payable will be taken to authorise a change to the development contributions consent condition(s). All such modifications are considered to be applied at the date of the original development consent. As outlined below, the procedure is different depending on whether the original contribution has, or has not, been paid Where the original contribution has not been paid If the contribution levied on the original consent has not yet been paid, the contributions are recalculated in their entirety including any credit for any existing development that applied at the date of the original consent. The revised consent condition will replace the original condition Where the original contribution has been paid If the contribution levied on the original consent has been paid, the procedure is different since it is not reasonable to apply the CPI or PPI inflation to that part of the contribution which has been paid. Given that payment generally occurs at the release of the Construction Certificate, it is also likely that the development will be under construction. In these circumstances, the development for which contributions have been paid is considered to be the existing (under construction) development. This approved development will be credited as the existing development for the purposes of the recalculation. The proposed amendments are the proposed development. In this way, only the net additional contribution is charged at the current CPI or PPI adjusted figure. In this circumstance an additional condition will be inserted alongside the original condition because the additional contribution does not supersede or obviate the obligation to pay the original contribution. No refunds will be provided as all contributions are committed to Council s works programme and Council is entitled to certainty in cash-flow Exclusions for certain types of development Certain types of development are excluded from the requirement to make a contribution towards provision or improvement of facilities or services. These types of development are listed below. Council acknowledges that these development types provide a planning benefit that outweighs Lismore City Section 94 Contributions Plan 14

23 the increase in demand for services generated by the new population. This Plan does not apply to the following development: For the sole purpose of the adaptive reuse of an item of environmental heritage. For the purposes of public infrastructure provided by or on behalf of State Government or the Council. For the purposes of local infrastructure under this Plan or another contributions plan prepared under Section 94B of the EP&A Act. For Council projects that provide non-profit community facilities, such as sportsgrounds, parks, community centres, emergency services. For infrastructure provided by Rous Water or equivalent water, sewer or energy provider. That in the opinion of Council does not increase the demand for the categories of local infrastructure addressed by this Plan. For which Section 94 contributions cannot be levied in accordance with a direction by the Minister under Section 94E of the EP&A Act. Lismore City Council Housing Strategy Action Plan requires a review of Council s S94 Contribution Plan to establish whether or not reductions or delayed contributions can be made for specific housing types. The aim of this discount or delayed contributions is to encourage an increase in the provision of desired housing forms. This is particularly relevant where registered housing providers commit to providing housing. However, this matter will be dealt with in a separate S94 discount policy, not in this Plan State Environmental Planning Policy (housing for seniors or people with a disability) 2004 The Ministerial Direction of 14 September 2007 exempts contributions for public facilities and services in relation to social housing providers defined in the State Environmental Planning Policy (Housing for Seniors or People with a Disability) In accordance with this SEPP, a so cial h o usin g p r o vid er means any of the following: New South Wales Land and Housing Corporation. Housing NSW. Community housing organisation registered with the Office of Community Housing of the Housing NSW. Aboriginal Housing Office. Registered Aboriginal housing organisation within the meaning of the Aboriginal Housing Act New South Wales Department of Ageing, Disability and Home Care. Local government authority that provides affordable housing. Not-for-profit organisation that is a direct provider of rental housing to tenants. It is also noted that granny flats/secondary dwellings and residential self-care units/selfcontained dwellings developed under this policy are exempt from a direct contribution under this Plan. However, private/ commercial developments, including those which provide exclusively for aged and disabled persons, may be subject to development contributions without being inconsistent with this Direction. Lismore City Section 94 Contributions Plan 15

24 Temporary uses Where a use is of an interim or temporary nature (less than 12 months) and subject to a timelimited consent which will expire, then contributions will be calculated but will be suspended meaning no payment is due at activation of the consent. If a subsequent development application is lodged to continue the use, contributions will be due and payable notwithstanding the short term existence of the use Other public benefit exclusions from the contributions plan It is not always possible to identify in advance all developments which may make a meritorious case for an exemption from the obligation to pay some or all of the applicable contributions. Therefore to ensure public accountability, transparency and equity between all developers Council will prepare a separate Policy that identifies what types of development may be eligible for a discount or variation to the contribution that would otherwise be payable under this plan. Full details of any case for exclusion must be included as part of the Development Application to enable Council to make a merit-based assessment of the unique circumstances of the specific case in question concurrent with the consideration of the Development Application as a whole. If Council does not grant a full exclusion to the payment then Council may allow a reduction in the rate of demand for a particular development or Council may allow for the exclusion of individual line items in the works schedule to enable a contribution to be calculated Supporting documentation In supporting documentation for any Development Application, the applicant must confirm the proposed cost of development. The proposed cost of the development is to be determined by Council for the purpose of this plan, by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following: If the development involves the erection of a building, or the carrying out of engineering or construction work - the costs of or incidental to erecting the building, or carrying out the work, including the costs (if any) of and incidental to demolition, excavation and site preparation, decontamination or remediation. If the development involves a change of use of land - the costs of or incidental to doing anything necessary to enable the use of the land to be changed. If the development involves the subdivision of land - the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights. The following costs and expenses are not to be included in any estimate or determination of the proposed cost of carrying out development: Cost of the land on which the development is to be carried out. Costs of any repairs to any building or works on the land that are to be retained in connection with the development. Costs associated with marketing or financing the development (including interest on any loans). Costs associated with legal work carried out or to be carried out in connection with the development. Project management costs associated with the development. Cost of building insurance in respect of the development. Lismore City Section 94 Contributions Plan 16

25 Costs of fittings and furnishings, including any refitting or refurbishing, associated with the development (except where the development involves an enlargement, expansion or intensification of a current use of land). Costs of commercial stock inventory. Any taxes, levies or charges (other than GST) paid or payable in connection with the development by or under any law. Costs of enabling access by disabled persons in respect of the development. Costs of energy and water efficiency measures associated with the development Accountability Council is required to comply with a range of financial accountability and public access to information requirements in relation to Section 94 contributions. These are addressed in Divisions 5 and 6 of Part 4 of the EP&A Regulation and include: Maintenance of, and public access to, a contributions register. Maintenance of, and public access to, accounting records for contributions receipts and expenditure. Annual financial reporting of contributions. Public access to contributions plans and supporting documents. Separate accounting records are maintained for all development contributions received by Council. A contributions register is maintained by Council in accordance with the EP&A Regulation. On provision of reasonable notice, the register may also be inspected on request Pooling of contributions Council s ability to forward fund public facilities and services identified in this Plan is very limited. Consequently their provision is largely contingent on the availability of contribution funds. Therefore, in accordance with Clause 27(1)(h) of the EP&A Regulation, this Plan provides for monetary contributions paid for different elements to be pooled and applied (progressively or otherwise) for those elements. Monetary contributions collected under previous issues of this Plan, or under equivalent contribution plans to be extinguished or repealed on adoption of this Plan, are authorised to be pooled and used for elements purposes outlined. These uses must be consistent with the purpose for which the contributions were originally collected, and the intended original purpose has been completed, abandoned or provided for by other means and/or the contributions are surplus Review of plan and contribution rates Council acknowledges the need to periodically monitor and review this Plan. For this reason, the contributions will be subject to a number of reviews to take account of such matters as community needs, costs of public facilities and services and extent of development, affordability of contributions and progress in providing scheduled works. In the event of Council identifying changes as a result of the review process, amendments to this Plan, (apart from minor changes or the periodic adjustment of contributions that is provided for in this Plan, based on published indices), will be publicly exhibited in accordance with the requirements of the EP&A Regulation. Lismore City Section 94 Contributions Plan 17

26 Pursuant to clause 32(3) of the EPA Regulation, Council may make certain minor adjustments or amendments to the Plan without prior public exhibition and adoption by Council. Minor adjustments could include minor typographical corrections and amendments to rates resulting from changes in the indexes adopted by this Plan Savings and transitional arrangements A Development Application which has been submitted prior to this Plan becoming effective but not yet determined will be determined in accordance with the provisions of the Contributions Plan which applied at the date of determination of the application. This criterion applies notwithstanding the date of lodgement of the Development Application Goods and services tax At the time this Plan was made, the position of the Australian Taxation Office (ATO) was that the payment of development contributions made under the EP&A Act is exempt from the Goods and Services Tax (GST) under class ruling 2013/13. Items in the works schedule of this Plan have been calculated without any GST component. Lismore City Section 94 Contributions Plan 18

27 3. Context and catchments Lismore LGA is located in the Far North Coast of New South Wales and covers an area of square kilometres. It is surrounded by Byron Shire, Tweed Shire, Kyogle Shire, Richmond Valley Shire and Ballina Shire LGA s. The City of Lismore is the largest centre in the LGA and was recognised in the Far North Coast Regional Strategy as a major regional centre with the majority of the growth occurring around this centre. The city centre provides the focal point for retail, commercial and cultural activity in Lismore. Goonellabah is located 5.5 kilometres east of the Lismore CBD on a ridgeline. Ballina Road/Bruxner Highway is the major road between Lismore and Ballina, bisecting Goonellabah. Goonellabah developed as alternative housing area outside of the flood area of the CBD and low-lying areas of north and south Lismore. The LGA comprises the urban area of Lismore/Goonellabah and a number of small rural villages. The zoned rural villages include Dunoon, Nimbin, The Channon, Wyrallah, Caniaba, Bexhill, Clunes, Goolmangar, and North Woodburn. This Contribution Plan contains three different planning catchments and the maps for the catchments can be found at Figure 2 and Figure 3. The contribution catchments include: Lismore Urban Lismore Rural North Lismore Rural South For the purpose of this Plan certain contributions are levied on certain development within a particular planning catchment or for the whole of LGA. Development will be subject to contributions for some or all of the public facilities and public amenities described in this plan, depending on the nexus between the development and the facilities. Lismore City Section 94 Contributions Plan 19

28 Figure 2 Rural North and South Catchments Lismore City Section 94 Contributions Plan 20

29 Figure 3 Urban Catchment Lismore City Section 94 Contributions Plan 21

30 4. Population and housing This chapter contains projections of future growth and population change and development in the areas covered by this Contributions Plan. This chapter defines the growth which is expected to occur during the life of this Contributions Plan. This Plan does not cover the urban release area known as North Lismore Plateau which was only zoned for residential development in early It has its own Contributions Plan. Unless otherwise stated the population and dwelling numbers in this Plan do not include the projected population for North Lismore Plateau. 4.1 Lismore demographic snapshot Population trends and changes in Lismore share the characteristics of many other regional areas outside of the major cities in Australia. These characteristics include an ageing population, lifestyle driven growth coupled with decline in the proportion and number of young adults, changing household structures which mirror changes in the broader Australian population, and growth beyond the fringes of the cities. Total Area (km 2 ) Population in ,348 Median Age (2011) 40 Dwellings in ,850 Occupancy Rate persons per dwelling (2011) 2.4 Median individual income $/weekly (2011) 469 Median rent ($/weekly) (2011) 224 Source: ABS Census 2011, First Release Data 4.2 Historical population Lismore LGA Historical population shows a slow increase over time. While the population did decline during the 1996 and 2001 census period, over the last 35 years it has increased by 40.2% which is 1.1% per annum. Table 7 Population Size and Population Change in Lismore LGA 1976 to 2011 (ERP) Year Population Average % Change p.a , , % , % , % , % , % , % , % Source: Lismore Urban Growth Strategy - ABS Census 2006 and 2011 Time Series Profile, Census Counts for Small Areas 1991 Cat No and Census of Population and Housing In Local Government Areas 1981 Cat No Lismore City Section 94 Contributions Plan 22

31 4.3 Household size The household size (sometimes called occupancy rate) has declined in Lismore since This is line with state and national trends. The Australian Bureau of Statistics has projected this decline is projected to continue gradually. Much of this decline can be attributed to reductions in family size and the increase in numbers of one and two-person households. Table 8 Household Size Year Household Size Source: ABS Census 2006 and 2011 Time Series Profile. (ABS, Census time series Profile and Expanded Profile, 2006 and 2011) Information released by the NSW Department of Planning and Environment in June 2014 confirmed that estimated household size for Lismore LGA in 2011 was 2.43 and this would decline to 2.36 by It also noted that in family dwellings (the dominant form in new release areas) the Department estimated the household size was 3 in 2011 declining to 2.91 by This confirms that a reasonable assumption for household size over the life of this plan is 2.44 persons Occupancy rates relative to dwelling size While the overall occupancy rate for the future population will be 2.44 persons per household, it is important to understand how household size relates to the number of bedrooms in a dwelling so that rates in the Contribution Plan can be applied equitably. Table 9 demonstrates the occupancy rate relative to the number of bedrooms in a dwelling for the Lismore LGA. Table 9 Occupancy Rate Relative to Number of Bed Rooms, 2011 Number of Bedrooms Detached Housing Semi-detached, row or terrace house, townhouse etc Source: ABS Expanded Community Profile, 2011 Lismore City Section 94 Contributions Plan 23

32 Age 4.4 Lismore LGA - age structure Figure 4 Age Structure, Lismore LGA, years years years years years years years years years years years years years years years 5-9 years 0-4 years ,000 1,500 2,000 2,500 3,000 3,500 4,000 Number of Persons Source: ABS Census 2011 BCP The median age in 2001 in Lismore was 35, in 2006, 38 years and in 2011 the median age rose to 40 years old. Over the last four census periods, the trend of an aging population in Lismore has been evident. Figure 4 above validates that there is a significant proportion of persons aged over 45 years old in Lismore LGA. The above graph also demonstrates the low proportion of 20 to 40 year old persons living in the LGA. In NSW in 2011, 6.5% of the population was aged between 20 and 24, however in Lismore only 6.1% of the population was aged between 20 and 24 years old. A trend in which the growth of more elderly residents exceeds the growth of its younger residents is consistent with regional towns throughout NSW and Australia. 4.5 Population mobility Migration with Australia plays a major role in determining population growth. Unlike births and deaths, which are relatively stable components of population change, levels of migration are volatile and can vary widely between places and over time. As such, an understanding of internal migration trends, their drivers, and their impacts, assists in an understanding of population change in Lismore. While demonstrated above that young adults within Lismore are the most mobile group, Lismore generally does not have a highly mobility population, with over 79% in the same address for one year in 2006 and in 2011 this grew to 81%. Compare this to a highly mobile area such as inner Sydney where only 32% of the population in 2006 had the same address one year ago. Lismore also has a significant amount of its population that moves around the same LGA which contributes to the retention of its existing population. This is related to familiarity with an area. Lismore City Section 94 Contributions Plan 24

33 Table 10 Population Mobility, Census Per cent of the Total Population (%) Same usual address 1 year ago as in Different usual address 1 year ago but same LGA 4.3% Different usual address 1 year ago but different LGA: - In NSW - In Qld 9.7% 7.9% 1.2% Same usual address 5 year ago as in % Different usual address 5 year ago but same LGA 9.4% Different usual address 5 year ago but different LGA - In NSW - In Qld 38% 21.4% 3.3% Source: ABS Census Other population characteristics Further key population characteristics of Lismore include the following: In 2011, 86% of the population was born in Australia. In 2011, 4% of the population was indigenous. The Italian language was the second most common language spoken at home following English in In 2011, 11.3% of households in Lismore were lone person households. In 2011, 10.3% of dwellings had 3 or more motor vehicles. In 2011, 24% of dwellings had no internet connection. The median personal income increase from $285 per week in 2001 to $464 per week in Lismore urban population Lismore urban population in this Plan is based on the ABS catchment of Lismore Part A which has an area of 166 sq km s (refer to Figure 2 and 3 for catchment boundaries). The boundaries available from the ABS rarely match actual 'communities', 'suburbs' or 'service catchments' needed for effective decision making and in this case Part A which is taken to represent the urban area of Lismore includes some rural residential and rural areas that are not within an urban zone. Similarly, Part B which largely represents the rural part of the LGA includes some areas that are within an urban zone and excludes some rural areas. The TTM Strategic Road Review (2012) broke Part A and Part B into census collection districts and then selected those districts that were predominantly urban to achieve a more accurate representation of the Lismore urban area. This creates a slight discrepancy between the population numbers in this Lismore City Section 94 Contributions Plan 25

34 Plan and the TTM document but it is not significant in terms of its impact on contributions. The TTM version of the rural /urban split in Lismore is more accurate than the ABS version (Part A and Part B), but TTM did not have access to 2011 census data. In 2011 there were 30,744 people living in the Lismore urban area which is approximately 70% of the population of Lismore LGA. The occupancy rate in Lismore Urban was the same as the LGA at 2.4 persons per household. Table 11 Population Size and Population Change in Lismore Urban Year Population Average % Change p.a , % , % ,083 However, the median age was slightly younger at 39 years old. The age structure of Lismore urban is similar to that of the LGA with 29% of persons aged over 55 years old. The urban residents of Lismore are slightly more mobile with only 79% having the same address 1 year ago (compared to Lismore LGA at 81.3%) and 53.7% of the population having the same address 5 years ago (compared to 57.1%) 4.8 Lismore rural population Lismore urban population is based on ABS catchment of Lismore Part B which has an area of sq km s (refer to Figure 2 for catchment boundaries). In 2011 there were 12,295 people living in the rural area which is approximately 30% of the population of Lismore LGA. The occupancy rate in Lismore rural was slightly higher than the LGA at 2.5 persons per household. Table 12 Population Size and Population Change in Lismore Rural Year Population Average % Change p.a , % , % ,800 However, the median age was significantly higher than the LGA at 43 years old. The age structure of Lismore rural is similar to that of the LGA with 29% of persons aged over 55 years old. However, there is significantly less person aged between 20 to 39 years old than the urban and LGA as a whole. The residents of the rural area of Lismore are slightly less mobile than the LGA as a whole, with over 85% having the same address 1 year ago (compared to Lismore LGA at 81.3%) and 65.5% of the population having the same address 5 years ago (compared to 57.1%) Rural North and South Lismore Strategic Road Review (TTM Group, October, 2012) estimated the population in the rural south and north based on the collector districts from the 2006 census. The population of rural north was 11,002 persons which is 26% of the population of Lismore LGA. Within rural south the population was 3,634 persons which are 9% of the population of Lismore LGA. The remainder of the population lives in the urban area of Lismore being 65% of the total population. The TTM Strategic Road Review (2012) broke Part A and Part B into census collection districts and then selected those districts that were predominantly urban to achieve a more accurate representation of the Lismore urban area and the surrounding rural areas. However, the discrepancy is not significant and does not impact significantly on contributions. Lismore City Section 94 Contributions Plan 26

35 4.9 Historical housing growth Detached houses remain the most popular type of house in Lismore with the number of separate houses increasing by 645 over the last 10 years. The number of semi-detached occupied houses has also increased over time. At the 2011 census there were 17,850 private dwellings of which 8.4% are unoccupied. In 2006 there was a vacancy rate of 10% demonstrating that occupancy is increasing. Table 13 Dwelling Characteristics in Lismore 2001 to 2011 (Occupied) Dwelling types % of Occupied Dwelling Change 2001 to 2011 (No.) No. No. No No. % % Change to 2011 Detached house 13,230 13,445 13,875 85% % Semi-detached, row or terrace house, townhouse Flat, unit or apartment Other dwellings /Not stated % % 1,293 1,414 1,293 7% % % % Total 15,843 15,899 16,343 Source: ABS Census 2006 and 2011 Time Series Profile Total occupied dwellings Table 14 demonstrates that Lismore had an increase in its total dwellings over time. The average increase in dwellings per year in Lismore was 224 dwellings from 1976 to The average annual increase in dwellings over this period was 2.6%. Table 14 Total Occupied Dwellings from 1976 to 2011 Year Total Private Dwellings (occupied and unoccupied) ,494 Average Annual Increase (%) (per census period) Increase in Number of Dwellings Per Year (average census period) , % , % , % , % , % , % , % 89 Source: ABS Census 1976 and 2011 Time Series Profile 4.10 Dwelling types and bedroom numbers Table 15 illustrates the different types of dwellings that have different numbers of bedrooms (occupied private dwellings). Lismore City Section 94 Contributions Plan 27

36 Table 15 Dwelling Type and Number of Bedrooms Number of bed rooms in the dwelling % of Detached Houses One bedroom or less 3% 10% Two bedrooms 14% 55% Three bedrooms 50% 32% Four or more bedrooms 33% 3.5% Source: ABS Expanded Community Profile, 2011 % of Semi-detached, row or terrace house, townhouse 4.11 Population projections Population and employment projections are a critical aspect of a development contributions plan. These projections provide a clear link (or nexus) between growth and the demand for various services and facilities that the council will provide. However projections are an estimate of the growth that could occur. Many intervening factors will influence the incoming population. These include economic conditions and the zoning controls in the area. Projections are therefore an anticipated measure of demand that needs to be assessed against various sources. Projections also must be reviewed regularly during the life of the plan. Lismore has historically produced a significant and consistent amount of housing, as shown in Section 4.9 particularly in neighbourhoods well served by services. The average increase in dwellings per year in Lismore was 224 dwelling from 1976 to Household size has generally been declining since the 1970s. In 2011 the household size was 2.44 persons per household. In new release areas the household size is typically at least the average and sometimes exceeds the average because they attract families with children. Population projections provide an indication of the future demand for public facilities. Council has reviewed its projections for the future population of the LGA. In this plan, these projections are used as a basis for determining the appropriate contribution which should be levied on new development which generates increased population. Demand is driven by internal population change and growth and/or moderate positive inward migration. The demand is also driven by inward migration. Growth relies on intensification of existing land supply within designated urban boundaries and/or expansion of residential areas and is based on historical dwelling development trends. An analysis of population projections has been undertaken for Lismore City Council for the purposes of this Plan (Table 16). Beginning with the 1976 to 2011 census dwelling stock, estimates of dwellings and population to the year 2036 were made for residential development based on the current trends in the development industry. It is reasonable to assume that Lismore s population will steadily increase over time given its attractive lifestyle options, its close proximity to resources and other regional centres and the Council s commitment to affordable housing into the future. The average increases in dwellings number are likely to peak over the next ten years and then slowly decrease. The total population number was calculated by multiplying the estimate of occupied private dwellings and the household size. This population estimate does not include the projected population for the North Lismore Plateau urban release area. The North Lismore Plateau is likely to house up to 3,625 people over the life of the development with a significant portion of that likely to occur in the first ten years of the development depending on lot release and market take up. Lismore City Section 94 Contributions Plan 28

37 Table 16 Population Projections, Year Occupied Private Dwelling Annual average dwelling increase Occupancy Rate Total Population Annual average population increase , , % 34, % , % 37, % , % 41, % , % 42, % , % 42, % , % 43, % % 44, % , % , % , % , % , % , % , % , % , % , % Population growth adopted for this plan For Lismore LGA (not including North Lismore Plateau) over a 25 year period there will be an additional 6009 persons which is 240 persons per year. Over the life of this 10 year plan this equates to an additional 2404 persons. Section determined the proportion of people who live in rural south, rural north and the urban areas of Lismore LGA based on (2006) census data. Taking this proportion the additional population of in the urban area is projected to be 1575 persons, rural north is 623 persons and rural south is 206 persons over the next ten years. Information released by the NSW Department of Planning and Environment in June 2014 estimated that the population of the whole LGA would rise by 3200 over the ten year period from 2011 to Although this is more than the population projections in this Plan it is broadly consistent with the estimates in this Plan. The Department s estimates include the population projected for the North Lismore Plateau Non-residential development Additional demand for public amenities and services may not only be generated by residential population increases. This chapter on non-residential development has been prepared to provide an understanding of the characteristics of the commercial and industrial areas of Lismore, and the workers that are accommodated here, and to identify trends. The profile assists in projecting commercial and industrial development and worker population growth and determining what facilities will be required to meet the needs of the worker and tourist population resulting from future development. Data for this chapter has been drawn from the Lismore Strategic Road Review (TTM Group, October, 2012), and from the Commercial and Industrial Land Needs Analysis (Hill PDA, April 2013). Lismore City Section 94 Contributions Plan 29

38 Employment areas Lismore contains a number of established and emerging employment areas. Lismore is a Regional Centre and provides services which reflect this role, being a major centre for retail, employment, administration and service functions which serve a catchment population that extends well beyond the LGA boundary (HillPDA, 2013). These include commercial centres and industrial areas and comprise (HillPDA, 2013): North Lismore: which contains both retail (8.5 ha) and industrial (31.4 ha) land uses.(note that this is not North Lismore Plateau which has no proposed industrial land and minimal retail zoned land). South Lismore: has the largest industrial area in Lismore at ha as well a substantial commercial and retail area (64.6 ha). Goonellabah: includes the Goonellabah Village shopping centre which includes two supermarkets and speciality stores. (18.5 ha) and two small industrial areas (22.7 ha). East Lismore: retail uses located adjacent to Wyrallah Road, including the Wyrallah Road neighbourhood shopping centre and is located immediately west of St Vincent s Private Hospital (63.8 ha) and industrial area (14.1 ha). Monaltrie: an industrial area containing Lismore Works Depot and Richmond Waste Services (20.1 ha). Tuncester: an isolated industrial site containing a hardwood timber processing facility and warehousing (20.3 ha). Lismore Central: Lismore s CBD with both commercial and retail at a total area of 88.7 ha and an industrial area of 8.9ha. In 2011 the population in the labour force was estimated at 20,153 persons. The largest industries in terms of employment numbers were (HillPDA, 2013): Health care and social assistance (3,244 working residents in the Lismore LGA or 18% of the total workforce). Retail trade (2,547 working residents or 14% of the total workforce). Education and training (2,048 working residents or 11% of the total workforce). Manufacturing (1,299 working residents or 7% of the total workforce). Accommodation and food services (1, 279 working residents or 7% of the total workforce). There are many employment areas which contain substantial capacity for employment growth. The figures below have been developed mainly from the Lismore Strategic Road Review (TTM Group, October, 2012). The TTM report provided for growth over a 20 year period and as this Plan looks at a 10 year period the figures have adjusted accordingly. Given the population increase shown previously, it is expected that about 75% of the TTM projected additional GFA will be achieved during the life of this plan, due to the strong commercial and industrial property market and competition for employment. The TTM report did not take into consideration possible employment growth outside the urban areas (within villages, etc). Given previous growth and recent growth within rural areas and LGA villages an additional 5,000 m 2 GFA will be expected over the next 10 years for commercial and additional 5000 m 2 GFA for industrial development within the villages and rural areas. Lismore City Section 94 Contributions Plan 30

39 Table 17 Projected Employment Growth Employment Land Additional Gross Floor Area (m 2 ) Employee per Gross Floor Area* Projected Employees Commercial / Retail 43,250 1 per 46 m Industrial 124,238 1 per 88 m 2 1,412 Total 167,488 2,352 *Employees Gross Floor Area adopted from averages used in Hill PDA, 2013 The driving forces behind future growth in commercial and industrial floor space are the economic functions of Lismore and economic activity as a whole throughout the region. It is anticipated that over the next 10 years, the following influences will generate demand for additional commercial and industrial floor space in Lismore: Continued increases in population within the Lismore LGA and adjoining LGA s will increase the resident workforce and stimulate the demand for increased local employment. Increasing local population will increase the demand for goods and services, resulting in new and expanded local businesses. The availability of suitable land within the Lismore for employment-generating development. High accessibility to the region with excellent transport links makes Lismore a desirable business location. The high tourist/visitor numbers will stimulate demand for more retail development. Close proximity of the area to Brisbane and the Gold Coast Increase in demand for facilities Future retail and commercial additions, alterations and major redevelopments will all increase the number of workers within Lismore. This is likely to place further pressure on public services, facilities and infrastructure such as public domain improvements, community centres, public amenities, stormwater infrastructure and traffic facilities. Commercial development that results in increases in the worker population, should therefore contribute to the provision of these community facilities, public amenities and services. New industrial development either in greenfield areas or as infill or redevelopment will also increase the number of workers within Lismore. This in turn will apply pressure for additional services and facilities particularly in relation to traffic and transport and stormwater infrastructure. Given the size of the workforce in Lismore and its particular characteristics, access to a range of local services is important. The future commercial and retail workforce population will require: Community services and facilities Public domain improvements and amenities Traffic and transport infrastructure Stormwater infrastructure The future industrial workforce population will require: Lismore City Section 94 Contributions Plan 31

40 Traffic and transport infrastructure Stormwater infrastructure Lismore City Section 94 Contributions Plan 32

41 5. Community services and facilities This section identifies the existing provision of community services and facilities and their distribution throughout Lismore. It also identifies the likely future demand for community services and facilities based on projected growth. A place for the community to meet is considered a basic prerequisite for community development, while a sense of identity in a locality is built through shared activities. A local community facility such as a community centre provides a home for community groups, encourages the formation of new groups and provides a place for both to meet and integrate. Locality based groups are some of the building blocks of community cohesion and often the focus of effective neighbourhoods. Council currently provides a high level of community service provision. This element of the Plan has been developed to ensure that the current level of service provision is maintained for all residents whether they are new or existing. Community centres provide flexible space that can cater for the needs of a diverse population of various age groups, community groups and ethnic, cultural, linguistic, educational and socioeconomic backgrounds. Activities and programs can be adapted to accommodate the changing needs and characteristics of the population. In recognition of these benefits, Lismore Council seeks to provide community services for the residents and workers of the Lismore. The Lismore Cultural Plan (2005), Goonellabah Community Plan and Imagine Lismore (2013) all identify opportunities and community facilities, which Council intends to provide for its residents in the future. These studies provide a good basis for the assessment of existing facilities having been based on resident, worker and visitor surveys and consultations with key service providers and community groups. New residents will only be levied an amount for these types of facilities commensurate with the demand generated by new residents and the established standard of provision for the facility type. Benchmarks have been derived for existing levels of provision. The relationship between the additional population and the need for increased provision of community facilities is also examined. Community facilities and services provide spaces and areas that can cater for the needs of a diverse population of various age groups, community groups and ethnic, cultural, linguistic, educational and socio-economic backgrounds. Activities and programs can be adapted to accommodate the changing needs and characteristics of the population. In recognition of these benefits, Lismore Council seeks to provide community centres for the residents and workers of Lismore. Activities accommodated and needed in community facilities and services for the Lismore include: Social activities for all age groups. Adult education. Playgroups and pre-schools. Toy libraries. Youth activities. Child care centres. Art and craft activities. Community markets. Lismore City Section 94 Contributions Plan 33

42 Support services for older residents. Support services for those with a disability. Catering and function rooms for events. 5.1 Nexus and future demand The demand for community facilities within Lismore will be influenced by a number of factors including the anticipated demographic composition of the new population, the availability and type of facilities currently available, and whether there is any spare capacity within existing infrastructure. The profile will be similar to the mixed profile described in Chapter 4 with a large number of young family s as well as the aged. As a consequence, it will be necessary to augment existing facilities to maintain the same level of service to the incoming population. The factors, which will affect the demand for community services and facilities, are based on the profile of the incoming population. These include the following characteristics: Population growth: Population growth within the resulting from increased development activity. This increased growth will place further demands on existing facilities and is likely to require the enhancement of these facilities and services. Services for children: significant proportion of children aged 0-12 years and a high rate of women in the workforce, there will be additional demand for children s services. Residents moving into the area will require access to services such as long day care, preschool, occasional care and outside school hours care. There will be a need, therefore, for community facility space in which to provide a range of children s services. Services for young people: youth entertainment and transport as two major issues for young people moving into the area. Community facility space for youth related activities will be required, therefore, to provide a variety of recreation/entertainment options for young people, in a location that is accessible by bus, bicycle, and wheelchair and on foot. Ageing Population: Lismore will attract a significant number of older people. The provision of some multi-unit housing may increase the number of aged residents as very often they are seeking smaller homes with reduced maintenance. There will be continued demand for community centres (offices and meeting space). Low Incomes: Low-income households are more likely to be living in financial stress, and require services to assist them. Some types of community services are age specific (such as child care, youth centres or senior citizens centres) while others are generic and used by people of all ages (such as exhibition space, art galleries, outdoor gathering areas and public toilets). Council s works schedule seeks to provide community facilities and services that are able to provide for the demands of the whole population. It draws substantially on the Imagine Lismore (Ten Year Plan) which itself resulted from wide and thorough community consultation. Therefore, based on a review of Council s strategic community facilities and services priorities and its desire/ability to deliver local services, it is considered that the needs of the incoming population will be best met by provision by the provision of facility floor space, meeting places and equipment in highly accessible locations. The works program therefore provides for a new art gallery and plaza in the CBD that is likely to be used by all residents as well as commercial and retail workers at lunch and before and after work. Money collected in the past for the various village catchments in the previous Section 94 Plan will be pooled and used for village related projects as set out in the works program of this Plan. Lismore City Section 94 Contributions Plan 34

43 No further money will be collected for these projects at this stage. However, if villages continue to grow with subsequent demand for infrastructure this will be reviewed. It is expected that the embellishment will satisfy the anticipated demands of the expected population increase. It is proposed that the community services and facilities will be capable of providing services for and catering to the needs of all ages, socio economic groups and diverse cultural groups. The augmentation of the existing facilities will achieve the following objectives and benefits: Achieve more appropriate servicing. Provide increased flexibility to address changing community needs over time. Provide more innovative, economical and effective models of provision. Meet a range of community needs increasing levels of community access and service. Provide facilities within a reasonable time. Achieve increased economies of scale in both terms of ongoing operating costs. Establish a focal point for community services delivery and the potential to co-locate community services and amenities which may provide benefits in community development terms as well as potential cost benefits through the sharing of resources between community groups. The location of Community Facilities works is shown in Appendix B of this Plan. 5.2 Reasonableness The core principle of development contributions is that they must be reasonable. A contribution for community services is considered to be reasonable as it levies for the needs of new residents and workers and ensures the equitable provision of community services. 5.3 Apportionment The need to provide the community services and facilities identified in this part of the plan is generated by the development of Lismore. Community services and facilities works will be undertaken in response to the demand for those facilities likely to be generated by the new residents. Community services and facilities works are considered essential in order to allow the proposed development to occur and will primarily benefit that development. Both carry over projects from the 2004 S94 Plan and new projects will be apportioned consistent with the proportion attributable to the demand of new development. In the case of residential development this is 5.4%. In the case of residential in combination with commercial and retail development it is 7.5%. 5.4 Catchments and development It is anticipated all catchments (both urban and rural) will utilise community services and facilities, the whole LGA is therefore contributing towards the development of community services and facilities. Community services will be used by new residential development as well as commercial and retail workers before and after work and at lunch times. Therefore both these types of future development will be levied for community services. The ratio of new residents (2404 or 72%) to new workers (940 or 28%) is the basis of the contribution split between these two development types. Lismore City Section 94 Contributions Plan 35

44 5.5 Works program Table 18 Community Services and Facilities Works Program - Villages Works Costs Existing Funds Pooled Embellishments for the Nimbin community centre; Dunoon community hall; Bexhill hall; Caniaba hall; and Wyrallah hall Final Works Cost Timing $148,200 $148,200 $0* Short to Medium Term * zero cost after deductions existing funds means no further contributions are required to complete the embellishments. Table 19 Community Services and Facilities Works Program CBD Works Costs Existing Funds Pooled CBD plaza/art gallery/quad project Apportionment Final Works Cost Timing $3,073,500 $14, %^ $230,512 Short to Medium Term Total Cost $3,073,500 $14,600 $215,912* ^apportionment represents the combination of new residents and new workers * Sum of final works cost less the pooled funds 5.6 Formula and contribution rates Contributions will be collected from residential and commercial development towards the community facilities identified under this Plan. Formula Residential Development Contribution Per Person = Commercial Development TC x AF RP Contribution Residential Development Contribution Per Person = $215,912 x = $65 per person Commercial Development Contribution Per Person = TC x AF CP Contribution Per Person = $215,912 x Where: = $64 per employee or $1.40 / m 2 (at 1 employees per 46 m 2 of GFA) TC = Total cost to increase the community services and facilities generated by new residential and commercial development RP = Increase in residential population over ten years CP = Increase in Lismore commercial worker population over ten years. AF = Assumed Rate of Residential / Commercial Usage Lismore City Section 94 Contributions Plan 36

45 6. Public domain facilities The public domain connects open spaces with private spaces, and also provides a place for walking, eating, meeting people, and spending time outside. For the purposes of this Plan the public domain areas in Lismore relate to the public spaces in the civic areas of Lismore. The growth expected will create demand for various civic and urban improvements and requires a coordinated approach. This approach is set out in various master plans, planning documents and supporting studies that have been prepared. These master plans and planning documents have been prepared to guide future development and to assist in identifying civic and urban improvement works to be funded through section 94 contributions. Civic and urban improvements cover a range of facilities that are provided within urban areas to support the population. This includes: Walkways and footpaths Landscaping and urban design improvements Street furniture (including seating / rubbish bins / bike racks / notice boards / signage) Fencing and public safety facilities Street lighting The development of Lismore has resulted in the evolution of the following commercial areas: Lismore CBD located around Dawson, Magellan, Brewster and Conway Streets. Goonellabah shopping centre Ballina Street commercial district Union Street South Lismore Wyrallah Road Rous Road The existing centres within Lismore continue to serve an important role in the community, providing convenience shopping and personal services for nearby residents and tourists, generating local employment and supporting the local economy. However, Council is looking to revitalise the relationship between the CBD and the Wilson River frontage and focus over the next ten years on the CBD generally in terms of improvements to public domain. That will be the focus of this Plan. If the CBD is to remain viable and attractive, meet heightened community expectations and adapt to its changing role, it is necessary to improve its amenity. This can be done through public domain improvements including provision of high quality landscaping, creation of usable public spaces and pedestrian access to the Wilson River. The proposed streetscape works will provide new residents with an improved residential environment together with improved pedestrian/traffic safety and urban amenity. 6.1 Nexus and future demand Improvement of the public domain of the CBD is necessary to accommodate an anticipated increase in population from the viewpoint of safety and amenity of pedestrians as well as providing a major component of the recreation system. Public domain works will also improve the environmental quality, physical appearance and character of streets in Lismore. Lismore City Section 94 Contributions Plan 37

46 The significant new population that will result from development will lead to significant additional demands for open space, community facilities and public domain improvements. Significant public domain improvements will be necessitated by: Heavy volumes of pedestrian traffic; Need to improve pedestrian usage and safety; and Need to enhance the appearance and vitality of the public areas in Lismore. Council will provide public domain improvements in a range of locations and is considering the identification of a programme of further public domain improvements to accommodate growth associated with residential development. The works program in this Plan draws substantially on the Imagine Lismore (Ten Year Plan) which itself resulted from wide and thorough community consultation. The location of Public Domain Facilities related works is shown in Appendix B of this Plan. 6.2 Reasonableness The core principle of development contributions is that they must be reasonable. A contribution for public domain facilities is considered to be reasonable as it levies for the needs of new residents and workers and ensures the equitable provision of public domain facilities for all to enjoy. 6.3 Apportionment The need to provide the public domain facilities identified in this part of the plan is generated by the development of Lismore. The public domain facilities works program presented has been undertaken in response to the demand for those facilities likely to be generated by the new residents. Public domain facilities works are considered essential in order to allow the proposed development to occur and will primarily benefit that development. Projects will be apportioned consistent with the proportion attributable to the demand of new development. In the case of residential development this is 5.4%. In the case of residential in combination with commercial and retail development it is 7.5%. 6.4 Catchments and development It is anticipated all residential catchments (both urban and rural) will utilise public domain facilities, the whole LGA is therefore a contributing towards the development of the public domain facilities. Both future commercial and retail development will be levied for public domain facilities as a nexus can clearly be shown for the future use and location of these facilities. The ratio of new residents (2404 or 72%) to new workers (940 or 28%) is the basis of the contribution split between these two development types. Lismore City Section 94 Contributions Plan 38

47 6.5 Works program Table 20 Public Domain Facilities - Works program Location Works Costs Existing Funds Pooled Apportio nment Final Works Cost Timing Lismore CBD Lismore CBD Wilsons River projects in the CBD Undertake urban design improvements including seats, bins and street trees and landscaping. Also includes CBD toilets. Undertake major CBD footpath upgrade Multiple works including Orion St to Market St riverbank pathway $971, %^ $72,832 Medium Term $2,800, %^ $210,000 Medium Term $7,525, %^ $564,375 Ongoing Total $11,296,100 $0 $847,207* ^This apportionment represents the new resident and worker population as a proportion of the existing population * Sum of final works cost less the pooled funds 6.6 Formula and contribution rates Formula Residential Development Contribution Per Person = Commercial Development TC x AF RP Contribution Residential Development Contribution Per Person = $847,207 x = $254 per person Commercial Development Contribution Per Person = TC x AF CP Contribution Per Person = $847,207 x = $252 per employee or $5.50 / m 2 (at 1 employees per 46 m 2 of GFA) Where: TC = Total cost to increase the capacity of public domain generated by new residential and commercial development RP = Increase in residential population over ten years Lismore City Section 94 Contributions Plan 39

48 CP = Increase in Lismore commercial/retail worker population over ten years AF = Assumed Rate of Residential / Commercial Usage Lismore City Section 94 Contributions Plan 40

49 7. Open space and recreation facilities The purpose of this section is to ensure that an adequate amount of open space that is of appropriate quality is provided throughout Lismore to meet the needs of an increased population resulting from development. The residential development in Lismore will result in additional demands for recreation and open space facilities. It is expected that a resident population of the size and nature described previously in this Plan will require a range of open spaces and networks to cater for and support it. The Lismore community strongly supports the conservation and enhancement of the unique environmental qualities of the LGA, as highlighted in numerous studies and community consultation surveys including the Lismore City Council Sport and Recreation Plan This Plan seeks to support these community values and strategic goals by ensuring that the contributions provided by new development maintains and enhances this unique environment for the benefit of all residents in Lismore. The LGA already provides a range of open space and recreation facilities including a range of facilities for unstructured play and recreation (including picnic areas, playgrounds and walking paths). Parks and open spaces are key components of the environmental, recreation and social infrastructure in all communities. They are used and/or valued by a wide cross section of residents, from all age groups and socio-economic backgrounds. Lismore City Council Sport and Recreation Plan has a number of key outcomes including the following: Lismore s centrally located playing fields and regional standard sporting facilities position the city well to host regional and higher level sporting tournaments and championships. The study found strong community support for maintaining and developing facilities to continue Lismore s competitive advantage as a regional sporting hub for northern NSW. Lismore Park is a major asset to the region for sport, however there are opportunities to increase the recreational value to the broader community from this park. The majority of sports in Lismore are well catered for and this view was supported by the community. This is consistent with the 2007 Resident Satisfaction Survey which found high levels of satisfaction with sporting fields (90%). Numerous needs for facility upgrades and/ or maintenance improvements were identified by sport and recreation clubs. Notwithstanding this, most sports are satisfied with their facilities. There are a number of pocket parks in Lismore. These small parks (generally <1,000m 2 ) usually have limited value for recreation purposes as they are too small to accommodate a range of uses, equipment and play experiences and their proliferation is less functional from a maintenance perspective (Council has recently been reviewing these). The consultation process identified a desire for better parks eg more playgrounds, BBQ s, shelters, shade and better maintenance. Lismore City Section 94 Contributions Plan 41

50 Better lighting (of parks, walk/ cycle paths and sports fields) was identified as important in the consultation process. Lismore Park upgrades are listed as one of twelve major projects that Council considers is a priority in its Imagine Lismore Ten Year Plan. There are currently 223 ha of open space in Lismore which includes regional open space, sports fields and neighbourhood parks. With an LGA population of approximately 44,348 persons, Lismore contains 5.1 ha / 1000 persons. Using the standards-based approach of 2.83 ha./ 1000 persons, from the Department of Urban Affairs and Planning (former Department of Planning and Infrastructure), Outdoor Recreation and Open Space Planning Guidelines (1992) the LGA is therefore well served, in terms of the everyday needs of its residents, through the provision of passive and active recreation space. This total includes open space provided for recreation purposes, open space provided to maintain the visual amenity of Lismore and open space provided for the protection of the LGA s natural environment. It is recognised that the current level of open space provision, the quantity and the quality of this provision (ie. extensive bushland areas) are the attributes that attract future populations to the area. The location of Recreation Facilities works is shown in Appendix B of this Plan. 7.1 Nexus and future demand There has been a history of Council acquiring land in the Tucki Tucki Creek open space corridor and the completion of this project is still a priority for Council. It is a carry-over project from the 2004 Section 94 Plan. The existing level of provision of passive open space will be maintained through the acquisition of the Tucki Tucki Creek corridor, embellishment of that corridor with a walking track and the embellishment of existing open spaces to increase capacity. Current general standards of provision have been used, as a basis for developing the Works Schedule to address cumulative future needs. It is estimated that the residential population in Lismore will increase by 2404 persons over the next ten years. The scenic and natural qualities and the recreational pursuits available in the passive open space settings are significant contributors to the Lismore s quality of life. These unique environmental qualities of Lismore are highly valued by its residents. To ensure that new developments benefit from the provision of quality passive open space, contributions will be used to undertake acquisitions in an area located with some proximity to new development that is also able to be accessed easily by those wanting to use it. The total area identified for acquisition in the Tucki Tucki Creek corridor is 17.8 ha (Appendix A). This area is also identified in Lismore LEP 2012 as being in an RE1 Public Recreation zone. It is a long term project of Council to acquire the complete corridor. The money to purchase this land has partly been collected from past Section 94 contributions and this will be used as the land becomes available for purchase. Money will also be used to construct a walking track (and other embellishments) if sufficient funds allow it. Council resolved at its 12 August 2014 meeting to continue collecting contributions from future residential development in the Lismore Urban Catchment to assist with future acquisitions and embellishment. The Lismore City Council Sport and Recreation Plan has also established that many existing open space areas are currently in an underdeveloped state, delivering reduced recreation opportunity. It was identified that Lismore Park is not adequately embellished for the future resident population in Lismore. It is recommended, therefore, that open space contributions be sought for embellishment purposes and provision of recreational facilities. Lismore Park not only services the established areas but also the urban release areas with projected population increases. This further enhances its potential to satisfy the open space and Lismore City Section 94 Contributions Plan 42

51 outdoor recreation demands of the new population. Therefore, it is anticipated that some of the demand for additional open space can be met by increasing the capacity of the existing underdeveloped Lismore Park. The schedule of works for open space facilities, comprises a programme of new playground equipment, signage, amenities, and pathways, that increase the useability of open space for a range of users, and thus increase the capacity of open space to accommodate additional users. 7.2 Reasonableness The core principle of development contributions is that they must be reasonable. A contribution for open space and recreation facilities is considered to be reasonable as it levies for the needs of new residents for open space acquisitions and embellishment that ensures the equitable provision of recreation and open space facilities. 7.3 Apportionment The cost of local open space acquisitions and embellishment within Tucki Tucki Creek corridor will be dealt with out of existing pooled funds as well as new contributions from residential development. These funds will include the amounts collected previously for urban bushland acquisition as the Tucki Tucki Creek corridor is also an area of urban bushland. The acquisition will be apportioned consistent with the proportion attributable to the demand of new development. In the case of residential development this is 5.4%. Increased capacity for Lismore Park will be attributed only to new resident populations across the entire LGA. This is based on the methodology of ensuring that existing levels of service are maintained. The Lismore Park projects will be apportioned consistent with the proportion attributable to the demand of new development. In the case of residential development this is 5.4%. 7.4 Catchments and development It is anticipated all catchments (both urban and rural) will utilise Lismore Park, the whole LGA is therefore contributing towards the development of open space and recreational facilities. All residents will benefit from the Lismore Park upgrades. All residents will benefit from the passive open space and walking trails that will be available within the Tucki Tucki Creek corridor in the long term. 7.5 Works program Tucki Tucki Creek Corridor Acquisitions and Embellishment An acquisition in 2014 resulted in Council obtaining a valuation for land in the Tucki Tucki Creek corridor that is representative of the remaining land to be acquired. As at August 2014 it is estimated there is 17.8 ha to be acquired and the unit cost will be $59,761 per ha. The embellishment costs (shared path, viewing areas, signage, fencing and vegetation restoration) for the area that remains to be acquired is estimated at $663,000 for approximately 1000 m of shared path and associated works. On a pro rata basis the embellishment costs can be assumed to be $37,247 per ha. Over the life of the previous Contribution plan Council collected $558,600 from the Urban East Catchment for acquisition and embellishment of the Tucki Tucki Creek corridor and for acquisition of urban bushland (at 100% attributable to new development). A number of land acquisition negotiations are underway, but they are often slow to complete. It is reasonable that this money be deducted from the existing pooled funds with a proportional reduction in Lismore City Section 94 Contributions Plan 43

52 embellishment costs as if it had already been spent on acquiring these lands. Assuming the unit cost of $59,761 per ha to acquire and $37,247 per ha to embellish then the existing funds will acquire and embellish approximately 5.75 ha of land. This leaves ha remaining to be acquired and embellished using contributions from this Plan. The acquisition and embellishment cost for new development is therefore estimated at $1,168,946. Table 21 Open Space and Recreation - Acquisitions Works Program Location Works Costs Existing Funds Pooled Apportionment Final Works Cost Timing Tucki Tucki Creek Tucki Tucki Creek Corridor Open Space Acquisitions and Embellishment $1,168,946 0* 5.4%^ $63,123 Short to Long Term * The $558,600 in pooled funds will be used to acquire and embellish land currently subject to the acquisition process which effectively reduces the pool money available for future acquisition and embellishment to zero Lismore Park Increased Capacity Within the Lismore City Council Sport and Recreation Plan Lismore Park was identified is a major asset to the region. Sport is the dominant form of use of the park although it is also used for informal recreation, walking, jogging etc. Given the findings in the Lismore City Council Sport and Recreation Plan all embellishments will be concentrated in Lismore Park. Lismore Park upgrade is a key major project listed in Imagine Lismore Ten Year Plan. Table 22 Open Space and Recreation Facilities - Increased Capacity Works Program Lismore Park Works Stages 1 to 4 Phase 1 Works including temporary pedestrian crossing point, widening paths and pedestrian crossing point Phase 2 Works including pedestrian boulevard, Oaks Oval fencing, landscaping and entry features Phase 3 works including Brewster Street formal pedestrian entry, formal and informal paths, and children s water-play playground Phase 4 works including car park Brewster Street, café/toilets, controlled vehicle access Uralba Street, picnic shelter/bbq area Table 23 Open Space and Recreation Facilities -Total Works Program Cost Works Costs Existing Funds Pooled Apportionment Final Works Cost Timing Lismore Park Increased Capacity $7,500,000 $191, %^ $405,000 Short to Medium Term Total $7,500,000 $191,300 $213,700* ^ This apportionment represents the new resident population as a proportion of the existing population Lismore City Section 94 Contributions Plan 44

53 * Sum of final works cost less the pooled funds 7.6 Formula and contribution rates Formula Residential Development Contribution Per Person = Where: TC RP Contribution Residential Development Contribution Per Person = $213,700+$63, = $115 per person TC = Total cost to make acquisitions and increase the capacity of open space and facilities generated by new residential development RP = Increase in residential population over ten years Lismore City Section 94 Contributions Plan 45

54 8. Cycleway facilities The provision of cycleway facilities is important to improvements to equity, health and the environment within the community and demonstrates commitment to ecologically sustainable development. Cycleways often serve a dual role as pedestrian networks. Therefore the demand for this infrastructure is based on the need for pedestrian access as well as by those riding bicycles. More recently, the increased popularity of battery powered mobility scooters used by the elderly and disabled can also be linked to an increased demand for paved cycleways. Council recognises that additional residential development will increase the demand for cycleway facilities to be constructed. The population of Lismore is ageing in line with NSW and Australian trends and the need for walking trails is increasing as older people tend to walk as a means of recreation. In 1989 and 1991 the Commonwealth Department of Arts, Sport, the Environment, Tourism and Territories (DASETT) undertook a series of major Australia-wide surveys on participation in sport and leisure activities. Almost one third of the population stated they walked for pleasure. Around 13% of people stated walking the dog was a primary activity and the frequency of walking was high. Riding bicycles is also a popular past time with around 9% of the population reporting this as a regular activity. Council has recently completed the Lismore Cycleway Plan (2011). The study included existing cycling facilities and a prioritised plan for the development of cycleways to meet the needs of both commuting and recreational cyclists throughout the city. It involved extensive consultation with Councillors and staff at Lismore City Council, schools and school children, Police and other Government Departments, community interest groups, cycling organisations and the general public. At the time of the Cycleway Plan review 2011, Lismore had a total of 27.8 km of cycle ways constructed to acceptable standards, and a further 16km of footpaths which could be widened and signposted to bring them up to acceptable standards as cycleways. The Lismore Cycleway Plan (2011) facilitates the expansion of the existing network of bicycle facilities in Lismore. This plan analyses the existing bike needs and demands, the suitability of existing facilities and any additional requirements for the future population. The plan recognises the needs of different cyclists (commuter, recreational, child, utility or tourist) and the often competing demands they and other road users generate, including for limited road space, land use and funding. The location of Cycleway works is shown in Appendix B of this Plan. 8.1 Nexus and future demand The pedestrian and cycleway network offers a flexible and low impact alternative to the use of private motor vehicles and needs to be considered as an integrated network approach with regard to transport planning. New development in Lismore is a mix of residential, industrial and commercial development, however, the demand will primarily be from residential development. It is also assumed that the residential development in rural north and south will not directly benefit from the urban based cycle works. Sustainable transport management involves the provision of non-motorised transport modes as well as roads for motorised transport needs. Provision of multi-use access ways can be effective in providing a sustainable and balanced transport regime, particularly for trips in the immediate locality as well as providing an extremely attractive form of recreation and access to recreation facilities within Lismore. Lismore City Section 94 Contributions Plan 46

55 The pedestrian and cycleway works to be provided to meet the demands of the incoming population are identified in the works schedule. The pedestrian and cycleway facilities have been developed and located to primarily service the residential land development areas. However Council has assumed that these cycleways will be available to all cyclists and there is a nexus with all development in the Lismore urban catchment. 8.2 Reasonableness The core principle of development contributions is that they must be reasonable. A contribution for pedestrian and cycleway network facilities is considered to be reasonable as it levies for the needs of new residents for pedestrian and cycleway facilities and ensures that new residents can get access to the existing network. 8.3 Apportionment The need to provide the pedestrian and cycleway facilities identified in this part of the plan is generated by the development of Lismore. Pedestrian and cycleway facilities will be undertaken in response to the demand for those facilities likely to be generated by the new residential development as identified in the Lismore Urban Strategy (2005). Cycleway facilities works are considered essential in order to allow the proposed development to occur and will primarily benefit that development. It is therefore appropriate that all residential development within this Plan be subject to the cost of providing these facilities other than rural north and rural south. 8.4 Catchments and development It is anticipated the Lismore urban catchment will predominantly utilise the cycleways and this will be the catchment that pays the contribution. Rural north and south will not be required to pay the contribution. As the nexus for cycle ways in the works program can only be shown for residential development, only future residential development will be levied. 8.5 Works program The works program is based on the Lismore City Cycleway Plan (2011). Some works within the cycleway plan can be linked directly to urban release areas. These works which have direct link to anticipated development identified in the Lismore Urban Strategy (2005) and will service land that is zoned for residential development (Table 24). Therefore 100% of these works can be directly attributed to the additional population. They are referred to as the Cycleway Works Program. Table 24 Cycleway Works Program Works directly attributed to new release areas Works Cost of Works Safety Rail on outside of Rotary Drive from Dixon Place to Uralba St* $180,000 New Cycleway works- Ballina Road (Holland Street / Oliver Ave East) $67,500 New Cycleway Works - Dalley Street (Wyrallah Rd / Dibbs St and Dibbs St to Military Road) $161,200 New Cycleway Works - Dudley Drive (Oliver Ave/ Clare Street) $226,125 Pathway Works - Military Road (Dalley Street/ Southern Cross University) $30,600 New Cycleway Works Holland St (Hepburn Park to Ballina Rd) $185,600 Total $851,025 Lismore City Section 94 Contributions Plan 47

56 * Rotary Drive is a major city bound link for cyclists travelling from new release areas to the east. It may be partly funded from existing pooled funds but is still attributable to new release areas. Table 25 Cycleway Works Program -Total works program cost Location Works Costs Existing Funds Pooled Appor tionm ent Final Works Cost Timing Works attributed to new release areas and new residents Works Program (as shown above) $851,025 $328, % $851,025 Short to Medium Term Total $851,025 $328,100 $522,925* * Sum of final works cost less the pooled funds 8.6 Formula and contribution rates Contributions will be collected from residential development only, and only from the Lismore Urban catchment towards cycleways identified under this Plan. Formula Residential Development Contribution Per Person ($) = C RP Contribution Residential Development Contribution Per Person = $522, = $332 per person Where: C = the estimated cost - or if the facility has been completed, the actual cost of providing each of the cycleways (refer works schedule above) RP = Increase in residential population over the life of this Plan for Lismore Urban only Lismore City Section 94 Contributions Plan 48

57 9. Traffic management facilities Population growth is a clear indicator of vehicular traffic growth as additional residential development will result in greater traffic volumes on council roads. This growth creates the need for various new or improved road and traffic management facilities. The population growth projections for the LGA indicate that there will be around a 5.4% increase in next 10 years. This growth will be spread spatially across the LGA and indicates that there will be an increased need for council to spend more on the local road system. The volume and characteristics of traffic growth and demand is directly related to land use. The Roads and Traffic Authority Guide to Traffic Generating Developments (RTA 2002) clearly demonstrates the nexus between development and traffic increases. It also provides an indication of the magnitude of traffic generation by land use type. The impact of additional traffic has a range of consequences. These include: Impacts on road efficiency. Impacts on amenity and safety. Reduction in the life of road pavements. Increased public expenditure. Traffic impacts accumulate over time and may not be obvious for single developments. The benefit of a contributions plan is that it takes a holistic view of future traffic development and overcomes financing constraints imposed by incremental decision-making. The most effective tool for assessing traffic impacts is to examine the impact of development on the road network and equitably assign the costs of development of the road network to development within the LGA. This is considered reasonable as the use of council road assets will be spread across the entire LGA. The location of Urban and Rural Traffic Management works is shown in Appendix B of this Plan. 9.1 Nexus and future demand Forecast population growth will result in considerable growth in vehicular traffic on many roads including those for which Council has responsibility. This traffic growth will create a need for various new or improved road and traffic management facilities. Consequently, the nexus for road and traffic management facilities can be clearly established. Council has undertaken various investigations of the requirements for road upgrading to meet the future needs for Lismore. The Lismore Strategic Road Review (TTM Group, October, 2012) estimated the additional traffic volumes which clearly demonstrate the nexus between development and traffic increases. It provides traffic generation rates by land use type including residential, industrial, and retail activities. The report estimated that traffic over the next 15 years will grow at an average annual rate of approximately 3% based on the expected development over the period. Over the next 20 years the increase in traffic generation due to development within Lismore is likely to be in the order of 65%. Lismore City Section 94 Contributions Plan 49

58 Table 26 Summary of Traffic Generation -Lismore Strategic Road Review (TTM Group, October, 2012) Source Lismore Development (number of trips) % p.a Growth Relative to % 3.03% 2.72% 2.51% Through Trips Total Trips Residential development within Lismore LGA is predicted to grow within the next ten years. As the table above demonstrates there will be an increased travel demand (measured in trip numbers) derived from the future development in the area. This future demand will generate the need for: new and/or augmented traffic facilities to promote the permeability and connectivity of the local road network. the upgrading of road intersections and sections of roads to provide the required road network which promotes the efficient, safe and orderly movement of people and goods. the provision of facilities which minimise the amount of traffic and regulate the speed of vehicles within residential neighbourhoods. It is considered that the incoming population would require these facilities to be delivered to a standard at least equal to the level of service currently provided. Current general standards of provision have been used as a basis for developing the Works Schedule to address cumulative future needs contained in this plan. The locations of traffic and transport facilities to be provided to meet the demands of the incoming population of Lismore are described in the Works Schedule. 9.2 Reasonableness A core requirement of a Development Contributions Plan is that contributions must be reasonable. A contribution for traffic and transport works is considered to be reasonable as it levies for the needs of new residents, to ensure efficient, effective and safe vehicular movement of the Lismore community. 9.3 Urban roads Works program Table 27 Urban Traffic Management Works Program Location Works Timing Cost Estimation ($) Richmond Hill/Bruxner Highway Intersection Upgrade 2018 $380,000 Invercauld Road/ Bruxner Roundabout Upgrade 2018 $1,600,000 Highway Cynthia Wilson Drive to Rous New Road with Kerbs 2023 $6,600,000 Road Oliver Avenue/Pineapple Road Intersection Upgrade 2023 $1,000,000 Rous Road and Oliver Avenue Roundabout Upgrade 2023 $800,000 Intersection Cynthia Wilson and Invercauld Roundabout Upgrade 2023 $200,000 Road Intersection Elizabeth Ave and Rous Road Roundabout Upgrade 2023 $200,000 Lismore City Section 94 Contributions Plan 50

59 Location Works Timing Cost Estimation ($) Intersection Eastern ByPass (Oliver Avenue) Upgrade 2028 $1,040,000 Eastern ByPass (Oliver Avenue - New Road with Kerbs 2028 $6,010,000 Bridge) Oliver Avenue / Holland Road Roundabout 2028 $1,000,000 intersection River Crossing (Brunswick Street New Bridge 2028 $5,500,000 to Lake Street) Northern Bypass (Terania Street Upgrade 2028 $1,560,000 to Brunswick Street) Northern Bypass (Terania Street New Road with Kerbs 2028 $590,000 to Brunswick Street) Pindari Crescant/Bruxner Upgrade 2028 $380,000 Highway Bruxner Highway and Traffic Signals 2028 $750,000 Mountainview Drive Trinity Drive (Bruxner Highway to Upgrade 2033 $2,290,000 Lagoons Grass Road) Trinity Drive (Bruxner Highway to New Road with Kerbs 2033 $3,980,000 Lagoons Grass Road) Molesworth Street/Bruxner Traffic Signals 2033 $750,000 Highway Total (over 20 years) $34,630,000 Total (over 10 years) over the $18,007,600 life of this Plan * Existing Funds Pooled $4,574,900 Final Works Cost $13,432,700 * Note - The above works program sourced from Lismore Strategic Road Review (TTM Group, October, 2012) was estimated over a 20 year period. However, this Plan is a 10 year Plan. Therefore the total works for urban roads based on a 10 year period is $17,315,000. This amount has been adjusted to account for the time lag between the TTM report and commencement of this Development Contributions Plan using the ABS Produce Price Index Road and Bridge Construction New South Wales by applying a multiplier factor of This takes the total over ten years to $18,007, Apportionment urban roads The costs of urban roads will be apportioned to incoming development. The Lismore Strategic Road Review (TTM Group, October, 2012) estimates the additional traffic volumes in Lismore LGA based on anticipated development. The TTM review estimates the future traffic generation (TTM table 3.2) for each major development type until The daily vehicle trips were calculated for residential, commercial, and industrial development. The proportion of trips generated by residential development is calculated at 40%, commercial development is 37% and industrial development is 23%. For residential development future urban residents will be required to pay for urban roads. Future rural and village residents have a rural roads program that they will be required to pay for. This means the projected urban population increase is 1575 (not including North Lismore Plateau). North Lismore Plateau is a major urban release area that accounts for approximately 70% of future urban residential traffic generation. The NLP has no industrial development and only minimal commercial development. Even though the NLP is not part of this S.94 plan it is Lismore City Section 94 Contributions Plan 51

60 important that it contribute towards its 70% of the projected urban traffic growth. Accordingly, the works program for balance of the city s urban residential growth will be apportioned to 30%. The existing pooled funds will be shared between the NLP S.94 plan and this S.94 plan. Once the pooled funds are shared between the two plans an amount of $13,432,700 is left to be collected from residential, commercial and industrial development. If this remaining amount is split using the TTM trip generation estimates then Residential is required to contribute $5,373,080 (40%), Commercial $4,970,099 (37%) and Industrial $3,089,521 (23%). However, the anticipated residential contribution from NLP needs to be deducted from the residential component of this Plan (estimated to be $3,651,684) so that the residential development anticipated in this Plan pays 30% of the urban traffic works Formula and contribution rates Contributions will be collected from residential, commercial and industrial development toward traffic and transport identified under this Plan. Formula Residential Development Contribution Residential Development Contribution = Per Person TC x AF - NLP RP Contribution = $13,432,700 x $3,651,684 Per Person 1,575 = $1,093 per person Commercial Development Contribution Per Person = TC x AF CP Industrial Development Contribution Per Person = TC x AF IP Commercial Development Contribution Per Person = $13,432,700 x = $5,287 per employee or $115 / m 2 (at 1 employees per 46 m 2 of GFA) Industrial Development Contribution Per Person = $13,432,700 x = $2,188 per employee or $25 / m 2 (at 1 employees per 88 m 2 of GFA) Where: TC = Total cost to increase the capacity of urban traffic generated by new development over ten years (after existing funds have been deducted) RP = Increase in urban residential population over ten years (excluding NLP and rural growth) NLP = Contribution expected from residential development in the North Lismore Plateau CP = Increase in Lismore commercial worker population over ten years. IP = Increase in Lismore industrial worker population over ten years. AF = Rate of Residential / Commercial/ Industrial Usage (based on trip numbers shown in the Lismore Strategic Road Review (TTM Group, October, 2012). UP = Proportion of increase in urban residential population attributable to Lismore City not including North Lismore Plateau. Lismore City Section 94 Contributions Plan 52

61 9.4 Rural roads The works program for rural roads was sourced from Lismore Strategic Road Review (TTM Group, October, 2012). This review assumes that expenditure on new capital works will be $2,676,100 each year for the next ten years. Table 28 Rural traffic management works program Location Works Timing Cost Estimation ($) Rural Roads north and south Rural Traffic and Transport Improvement Program (10 year program) Post 2014 $26,761, Apportionment rural roads The costs will be apportioned according to the estimated population in each catchment on a per person basis. There is likely to be limited amounts of commercial and industrial development in the two rural catchments and so the full cost of the works program attributable to new development will be apportioned to residential development only. It will be the same for each of the catchments (north and south) and the same for a dwelling wherever it is located in that catchment (ie, village, large lot residential or rural). The amount that Council has in existing pooled funds is $2,130,300. Deducting this from the ten year works program leaves an amount of $24,630,700 that needs to be divided between existing and future population to pay for road rural road upgrades and rehabilitation. It is reasonable to assume that new residents should pay the same as existing residents. It is projected that there will be 829 new rural north and south residents over the next ten years. The TTM report indicated a current rural north and south population of 14,636 persons. The ten year rural population is expected to be 15,465. Multiplying the projected number of new rural residents with the contribution per person will provide an estimated $1,320,597 to be collected for the construction of rural roads. Table 29 Rural Roads North and South -Total Works Program Cost Location Works Costs Existing Funds Pooled Final Works Cost Timing Rural North and Rural South Traffic management $26,761,000 $2,130,300 $24,630, Formula and contribution rates Contributions will be collected from residential development toward rural roads as outlined in this Plan. Rural North Medium Term Formula Residential Development Contribution Per Person = TC RP Contribution Residential Development Contribution Per Person = $24,630,700 15,465 = $1,593 per person Lismore City Section 94 Contributions Plan 53

62 Rural South Formula Residential Development Contribution Per Person = Where: TC RP Contribution Residential Development Contribution Per Person = $24,630,700 15,465 = $1,593 per person TC = Total cost of the rural traffic and transport improvement program (10 year program) RP = Existing and additional rural population over ten years Lismore City Section 94 Contributions Plan 54

63 10. Stormwater New residential development can result in an increase in impervious surfaces, leading to higher levels of urban stormwater runoff, increased stormwater velocities, and increased transfer of pollutants from urban to natural environments. Lismore is situated on the Wilsons River floodplain at the confluence of two major tributaries, Leycester Creek and the Wilsons River. The Lismore LGA lies entirely within the Richmond River Catchment and covers sections of the upper, middle and lower catchment. Lismore is approximately 100 kilometres upstream of the river mouth at Ballina and is affected by tidal waters, which extend beyond Lismore to Boat Harbour, a further nine kilometres upstream. Lismore urban area is within the middle reaches of the Richmond River catchment. There are two primary catchment areas that drain the Lismore urban area including Wilsons River Catchment and Tuckean Swamp Catchment. The catchment draining to Leycester Creek and the Wilsons River is experiencing development pressure, that if realised could result in increased stormwater runoff and associated pollutant loads being generated from catchment surfaces. Without mitigation, the additional stormwater runoff and associated pollutant loads could have detrimental impacts on the water quality and ecology with into the river and creek. On this basis, it is reasonable to require a contribution from development in Lismore LGA to confirm the trunk stormwater management facilities that will be required Nexus and future demand The impact of urban development on flow regimes, erosion and siltation, and flooding can be substantially reduced by adopting stormwater management techniques that concentrate on continuing the function of the natural drainage system as far as possible. Therefore, future residential development in the Wilsons River catchment and Tuckean Swamp catchment will result in the need to manage stormwater run-off both up and down stream of development. This is done through trunk stormwater facilities and structures. Council does not currently have an up to date Stormwater Management Plan in order to inform this Plan. Council considers that the costs involved with Stormwater Management Plan for the management of Section 94 is an integral and essential component of the efficient provision of facilities demanded by development throughout Lismore. To facilitate the efficient delivery of trunk infrastructure, it is reasonable for the costs associated with drafting the Stormwater Management Plan be recouped through contributions. The schedule of works includes the Stormwater Management Plan that influence or refine the Section 94 Plan. Once this Stormwater Management Plan is complete a review of the Works Schedule in this S.94 plan is warranted to ensure that facility planning best reflects contemporary community needs Reasonableness The core principle of development contributions is that they must be reasonable. A contribution for stormwater management is considered to be reasonable as it levies for the needs of new residents and workers and ensures the equitable provision of stormwater management Apportionment The need to provide the stormwater management identified in this part of the plan is generated by the development of Lismore. Stormwater management works are considered essential in order to allow the proposed development to occur and will primarily benefit that development. It Lismore City Section 94 Contributions Plan 55

64 is therefore appropriate that all development within this Plan be subject to the full cost of providing these facilities Catchments and development It is anticipated all catchments (both urban and rural) will utilise stormwater management and trunk stormwater facilities. The whole LGA is therefore a contributing towards the development of any studies and subsequent public domain facilities. Commercial, industrial and residential future development will be levied for stormwater management as a nexus can clearly be shown for the future use of these facilities Works program Table 30 Stormwater Facilities - Works program Location Works Costs Timing LGA wide Undertake stormwater management plan $100,000 Short Term 10.6 Formula and contribution rates Formula Residential Development Contribution Per Person = Commercial Development TC x AF RP Contribution Residential Development Contribution Per Person = $100,000 x ,404 = $16.50 per person Commercial Development Contribution Per Person = TC x AF CP Industrial Development Contribution Per Person = TC x AF IP Contribution Per Person = $100,000 x = $39.50 per employee or $0.85 / m 2 (at 1 employees per 46 m 2 of GFA) Industrial Development Contribution Per Person = $100,000 x ,412 = $16.50 per employee or $0.20 / m 2 (at 1 employees per 88 m 2 of GFA) Where: TC = Total cost to increase analyse the need for trunk stormwater generated by new residential, commercial and industrial development. RP = Increase in residential population over ten years. CP = Increase in Lismore commercial worker population over ten years. IP = Increase in Lismore industrial worker population over ten years. AF = Rate of Residential / Commercial/ Industrial Usage (based on trip shown in the Lismore Strategic Road Review (TTM Group, October, 2012). Lismore City Section 94 Contributions Plan 56

65 11. Emergency services Historically Lismore has collected Section 94 Contributions for the provision of adequate bush fire fighting (RFS) and state emergency services (SES) and facilities required to service the additional needs generated by the increase in population arising from new development. At present, Council provides a rural bushfire fighting service to Lismore and these services operate from the following brigades Alphadale, Caniaba, Dunoon, Rosebank, The Channon, Wyrallah and Clunes. These provide bushfire-fighting services throughout all rural areas of Lismore. The SES primary function is rescue during floods and storm events as well as general land rescue. In NSW, State Government generally funds the majority of all bushfire protection costs in local government areas, through the NSW Rural Fire Fighting Fund. Council must fund the balance of this budget including the acquisition of equipment needed to serve a growing population and this component is separate from the Rural Fire Service budget. The major capital costs of operating the Rural Fire Service are acquisition and replacement of fire fighting equipment for the volunteer fire fighters including safety equipment, fire sheds and vehicles. Volunteer fire fighters provide the backbone of the service, operating most appliances, undertaking training exercises and fire fighting duties, and coordinating communication and field support during training exercises and operating conditions. In 2012 the NSW government moved to change the way that such services were funded, particularly the RFS. Through its current S.94 plan Council has collected sufficient funds to cover the current estimate of Council s share of the funding for RFS and SES Contribution rates As at February 2014 the money required for works and equipment had been collected for this Strategy and therefore the contribution per person for RFS and SES is zero dollars. When the current State lead review of funding is complete this may need to be re-assessed Works schedule bushfire Table 31 Emergency Services Works Schedule Bushfire Project Cost Estimation ($) Volunteer personal safety equipment, shed and vehicle improvements, and $143,700 bushfire mapping Total $143,700 Lismore City Section 94 Contributions Plan 57

66 11.3 Works schedule SES Table 32 Emergency Services Works Schedule State Emergency Services Project Cost Estimation ($) Equipment and Vehicles $77,400 Total $77,400 Lismore City Section 94 Contributions Plan 58

67 12. Car parking There may be instances where proposed new developments are not able to provide adequate parking on site, either due to physical constraints of the site or where the site configuration, size or vehicular access characteristics preclude the economic and practical provision of car parking for the proposed use. In these circumstances, Council would normally consider it to be in the public interest to allow a monetary contribution in lieu of on-site provision. These contributions would be used to increase and embellish the parking spaces provided by Council in Lismore commercial and retail areas in anticipation of new development Nexus and future demand Lismore Council s Development Control Plan 2007 sets out the quantum of car parking required for new developments. It is Council s preference that this parking be provided on site. Where this car parking cannot be provided on the site or in close proximity, the development would result in an increased demand for parking in existing car parks and on the street. The existing CBD car parks have the ability to handle additional demand and are well located. However, they are not undercover and do not have sufficient shade. Council is currently reviewing its parking needs and will need to consider whether it has sufficient parking to meet expected demand. If there is a shortfall in existing parking then additional parking locations will be considered. This can be addressed in a future amendment to this Contributions Plan Reasonableness The core principle of development contributions is that they must be reasonable. A contribution for car parking is considered to be reasonable as it levies for the needs of workers and tourists for car parking and ensures the equitable provision of car parking facilities. If Council s future assessment of parking identifies a shortfall in supply it is reasonable that a contribution per space be levied to meet this future demand if it cannot be supplied on site Apportionment This Plan recognises that contributions need to be fair and reasonable in that costs for providing new physical and social infrastructure need to be distributed between the existing and future residents, workers and visitors of the Lismore LGA. Developer contributions are only required to support additional infrastructure necessitated by new development. The existing community has already funded quite a large amount of car parking infrastructure. It may be that it is this existing infrastructure that has attracted developers into the area. As such, many developers have significantly benefited from the infrastructure provided by established communities. In effect, existing residents have, to some degree, been subsidising new developments Contribution rates The full cost of upgrading car parking in Lismore is determined by dividing the total cost of the proposed works by the number of car parking spaces that will benefit from the works. In this case Council is reviewing its information on car parking supply and demand and will not be imposing a car space contribution in this Contributions Plan. An amount of $65,200 has been collected in the past and will be used for any small car parking related projects that arise in Lismore or Nimbin. However, if this money remains unspent at the time the car parking supply and demand review has been completed it will be pooled into a future car parking contribution. Lismore City Section 94 Contributions Plan 59

68 12.5 Works schedule Table 33 Car Parking Works Schedule Project Cost Estimation ($) Lismore and Nimbin car park expansion and capacity improvements $65,200 Total $65,200 Lismore City Section 94 Contributions Plan 60

69 13. Heavy haulage The purpose of this Contributions Plan is to provide the necessary framework for the efficient and equitable determination and collection of developer contributions towards the maintenance, upgrade and construction of roads utilised by heavy vehicles associated with developments which generate a significant amount of heavy vehicle movements. Road pavement deterioration associated with quarries, mining and other heavy industries is caused largely by the passage of heavy vehicles. Industries typically cause and exacerbate the deterioration of the road surfaces, which then requires the need for considerable expenditure to maintain, repair and, where necessary, reconstruct the roads. In Lismore there are several active quarries including Blakebrook Quarry and Wyrallah Quarry Each truck movement associated with the above quarries as well as other industries will contribute to the volume of traffic within the public road system and actual damage to the road surface. The need to upgrade roads is substantially and directly associated with the weight of laden trucks. For the purpose of this plan, the contributions for roads is deemed to include all necessary works of carriageway construction and maintenance, including pavement, associated culverts, bridges, drainage, signs, line marking, noise attenuation measures, landscaping, safety and traffic management measures Nexus and future demand Development that generates heavy vehicle movements leads to an increased burden on the existing road system, and may also create the need for new road works to be undertaken. An increase in heavy vehicle usage on existing roads results in a reduction of road life. This necessitates increased construction standards and maintenance work beyond that which could have been previously expected. The combination of the additional axle loadings (ie. number of wheels on the road surface) and the payloads (ie. gross transport weight of loaded vehicle) generated by heavy vehicle traffic have an impact on the rate of deterioration of the road. As such, any formula utilised to determine a contribution rate should take into account these two factors. The Lismore Roads Review, Rural Areas (TTM group, 2012) estimates that truck movements (vehicles exceeding 12 tonne gross weight) will represent no greater than approximately 2% of daily traffic movement on trunk roads throughout the Lismore LGA. Accordingly, it has been accepted practice to levy development contributions based directly upon the number and weight of laden truck movements. Therefore a relationship to the demand for an upgraded road system can be related directly to the weight of material leaving an extractive industry site. This will be the basis upon which contribution levies will be imposed. The Roads and Traffic Authority s Guide to Traffic Generating Development also identifies the cost impacts of increased heavy vehicle usage, thereby providing professional recognition and technical support for the nexus adopted by this plan. The legal justification of this nexus has also been recognised by the Land and Environment by the legal judgments handed down by Capital Quarries Pty Ltd. v Gunning & Yass Shire Councils (1987) and Colin C Donges & Associates v Baulkham Hills Council (1989). Lismore City Section 94 Contributions Plan 61

70 13.2 Exemptions under this plan The following developments or components of developments are exempted from the requirement to make a contribution under this Plan: Extractive industries with an average annual approved output of up to and including 5,000 cubic metres of material or product (to minimize the impact on the economic viability of smaller operations and to recognize the smaller and localized haulage associated with these developments). Other developments within an average annual approved total haulage of up to and including 8,000 tonnes of material, products or payloads (or equivalent) (applying the same justification as above). Development located with Business and Industrial Zones under the provisions of the current Lismore Local Environmental Plan. This makes allowance for the location of these developments on road networks with pavement design and constructed with a higher life standard. Furthermore, the large volume, various types and unpredictable loadings of vehicles generated by both development within zoned commercial and industrial areas, and vehicles operation within these areas, makes collection of data for efficient and equitable determination of contributions uncertain Application of this plan For the purposes of this Plan a truck is defined as a registered vehicle with more than 4 tyres that has a gross weight exceeding 12 tonne Contributions Extractive industry contributions A reasonable method of determining the fair share of costs that extractive industry development should pay, is to determine a standard contribution per tonne of material hauled. This can be determined by estimating the likely cost of pavement damage caused by a typical heavy haulage vehicle (per tonne per kilometre) and multiplying this cost by the average trip length per tonne of hauled material. Contributions will be required to be paid on a monthly basis to Council based on a fee for each tonne of extractive resource leaving the extractive industry/ mine site by road transport. This levy will be calculated as follows MCR = TONNES x RATE Where: MCR = the monthly contributions required by quarries/ mines; TONNES = tonnes of resource moved to or from site per month by road transport; and RATE = the rate per tonne Rate per tonne Lismore Roads Review, Rural Areas (TTM group, 2012) recommended based on a study a rate of: $0.054 (2009 values*)/tonne/kilometre This represents the medium traffic volume road with spray seal pavement that will be damaged by a standard heavy haulage truck used by extractive industries. This rate shall be assumed for other non-extractive industry heavy haulage generating developments that are not exempted under this Plan. (* Rate to be updated using PPI at time of Plan adoption). Lismore City Section 94 Contributions Plan 62

71 14. Street trees Council considers that street trees are considered an important part of new development in residential, commercial and industrial areas. They provide habitat to local fauna, shade and amenity to residents and workers and ameliorate the harsh effects of urban development. It has prepared and adopted a street tree master plan that outlines its vision for the use of street trees in Lismore LGA Nexus and future demand Lismore Council s Development Control Plan 2007 sets the requirements for street trees for new developments. In the past, Council has preferred to take a contribution for street trees and provide them when the development has matured sufficiently that they are less likely to be damaged by construction activity. This is no longer the case and master planning for new development areas requires street trees to be provided and maintained over a period of time by the developers. So although Council has collected contributions for street trees in the past it will no longer do this for new urban areas. Developers will be required to include street trees and maintenance in their development applications Reasonableness The core principle of development contributions is that they must be reasonable. A contribution for street trees was reasonable as it levied for the needs of residents and workers and ensured the equitable provision of street trees in new urban areas. It is also reasonable that this issue now be addressed through the development assessment process with appropriate conditions of approval rather than contributions Apportionment This Plan recognises that contributions need to be fair and reasonable in that costs for providing new physical and social infrastructure need to be distributed between the existing and future residents, workers and visitors of the Lismore LGA. Developer contributions are only required to support additional infrastructure necessitated by new development. The money collected in the past will be spent on providing and maintaining street trees in the new residential, industrial and commercial areas for which it was collected. The apportionment between those areas will be based on the amounts provided by each according to Council records. Where Council considers it appropriate street trees may be clustered in landscaped areas to achieve an urban design outcome rather than separately planted on a per metre street front basis. This is most likely to be the case in commercial and industrial areas Contribution rates In this case Council is changing its practice on street tree planting and maintenance and will not be imposing a street tree contribution in this Contributions Plan. An amount of $281,500 has been collected in the past and will be used to plant and maintain street trees in residential, commercial and industrial areas of Lismore LGA that have paid contributions for street trees since Lismore City Section 94 Contributions Plan 63

72 14.5 Works schedule Table 34 Street Trees Works Schedule Project Cost Estimation ($) Street tree planting and maintenance throughout Lismore LGA $281,500 Total $281,500 Lismore City Section 94 Contributions Plan 64

73 15. Section 94 plan administration This Plan identifies the demand for staff resources to be applied to management of the Section 94 Contributions Plan to ensure that the Plan s key assumptions are regularly updated. The management of Section 94 contributions imposes costs on Council in the preparation, implementation, monitoring and review of this Plan. With the increase in population and workforce there is a necessity to ensure there is a continuous process of managing, monitoring, revising and implementing this Plan. The earlier parts of this Plan have demonstrated that the incoming population of Lismore will generate demand for additional public facilities and services. Section 94 provides the mechanism by which contributions can be collected to provide these. However, the administration of a Section 94 Plan requires resources which otherwise would not be devoted to this purpose. Since these would not be required if a Section 94 Plan was not to be put in place, they are directly attributable to new development Nexus Contribution Plans and management systems exist because the nature of new development justifies and requires it. The costs to prepare, review and implement the Plan, including background studies, is to be funded solely by new development. The administration of Section 94 is an expensive task. Council employs staff on both a part time and full time basis that coordinate the implementation of Contributions Plans and works. In addition, consultant studies are often commissioned in order to determine design and costing of works, as well as to review the development and demand assumptions of the Section 94 Plan. The cost of contract administration is also included in the calculation of the Plan of Management Fee. The types of administrative roles which the council will have to undertake includes: Provide advice to applicant and the general public regarding the operation the plan. Administration of the plan and ensure that the contributions are used to provides the public facilities for which they were intended. Monitor the receipt and authorise the expenditure of cash contributions in respective trust accounts and the recoupment of costs already met. Assess the merit of land proposed for dedication. Assess any works in kind proposed in partial or full satisfaction of a contribution. Monitor the dedication and development of land contributions. Recommend to the council the appropriate interim use and ultimate development of dedicated land, the acquisition of appropriate land for the identified public purpose, the reuse of existing council facilities (including land) for an alternative public purpose, or the use of funds for the purposes of provision through joint venture or other arrangement. Monitor and program works identified in the works schedule. Regularly review the works program in accordance with the levels of contribution received and expended, and seek council adoption of these. Regularly review the rates for contribution in accordance with construction costs, land valuations, levels of demand, population and demographic changes and recommend to council amendments where necessary. Lismore City Section 94 Contributions Plan 65

74 Determine the appropriate time for provision of public facilities having regard to the works schedule, the availability of funds, demand generated by development, the time funds have been held, expected additional funds, alternative funding sources and maintenance implications. Monitor the implications arising from development including the demands created for additional facilities for which contributions are not currently sought, the needs of specific one off developments, the costs of development and land acquisition, the extent and type of development and the effect of this on the works program. Advise council of appropriate management, expenditure and policy implications regarding development contributions including those arising from legal decisions and State Government policy. Determine the extent of recurrent costs and assess the implications to council to provide these. Assess whether a credit or reassessment of the contribution may be appropriate and how that may be determined. Prepare and make available the necessary information required by the EPA Regulation including the Contributions Register, input to council annual financial reporting and the annual statement for the contributions plan in force. Seek legal advice, provide evidence and attend to Land and Environment Court hearings on appeals relating to the imposition of contributions Apportionment The future administration of the section 94 functions is solely for future development. The capital costs associated with the administrative centre have been apportioned and separated from other costs associated with the centre that house other council functions. There is no apportionment of the capital costs associated with salaries, administrative and professional costs. Incoming residential, commercial and industrial development will be responsible for these costs Reasonableness The core principle of development contributions is that they must be reasonable. A contribution for future administration of this Plan is considered to be reasonable as it levies for the needs of new residents and workers and ensures the equitable provision of facilities Works The administration of the section 94 Contributions Plan is equivalent to a full time employee. The work on the plan is mainly undertaken by staff in the planning and financial services units. However, staffs from other units across Council regularly contribute to the management and administration of the plan. The salary cost for this work over the life of the plan is estimated at $125,000. The costs for review of the plan and associated investigations in the future will have a total cost over the life of the plan of $150,000. There is no need to reduce the above works program by the funds already collected as such funds have been spent as they have been are collected on an annual basis based on direct salary and on-costs. Lismore City Section 94 Contributions Plan 66

75 15.5 Formula and contribution rates Formula Residential Development Contribution Per Person = Commercial Development TC x AF RP Contribution Residential Development Contribution Per Person = $275,000 x = $46 per person Commercial Development Contribution Per Person = TC x AF CP Industrial Development Contribution Per Person = TC x AF IP Contribution Per Person = $275,000 x = $108 per employee or $2.35/ m 2 (at 1 employees per 46 m 2 of GFA) Industrial Development Contribution Per Person = $275,000 x ,412 = $45 per employee or $0.50 / m 2 (at 1 employees per 88 m 2 of GFA) Where: TC = Total cost to increase the capacity of administration generated by new residential development RP = Increase in residential population over ten years CP = Increase in Lismore commercial worker population over ten years. IP = Increase in Lismore industrial worker population over ten years. AF = Rate of Residential / Commercial/ Industrial Usage (based on trip shown in the Lismore Strategic Road Review (TTM Group, October, 2012) Lismore City Section 94 Contributions Plan 67

76 Appendix A Tucki Tucki Creek Corridor Acquisition Area Lismore City Section 94 Contributions Plan 68

77 Appendix B Location of Works Lismore City Section 94 Contributions Plan 69

78 Lismore City Section 94 Contributions Plan 70

79 Lismore City Section 94 Contributions Plan 71