APPEALS ABOUT INFRASTRUCTURE

October 2008

Please Select an Article to Read

• 1. Appeals against infrastructure contributions conditions
• 2. Conditions for supply of additional trunk infrastructure pursuant to Chapter 5 Part 1 IPA
• 3. Conditions for additional trunk infrastructure costs pursuant to Chapter 5 Part 1 IPA
• 4. Appeals against Infrastructure Charges Notices

 

2. Conditions for supply of additional trunk infrastructure pursuant to Chapter 5 Part 1 IPA

Local governments may lawfully impose conditions for necessary trunk infrastructure if:

1. existing trunk infrastructure necessary to service the premises is not adequate; or
2. trunk infrastructure to service the premises is necessary, but is not yet available; or
3. trunk infrastructure is located on (eg. crosses or traverses) the premises.11

In all cases, the trunk infrastructure which services or crosses the premises must be identified in the priority infrastructure plan. However, the local government can require different trunk infrastructure to be provided to that identified in the priority infrastructure plan if it delivers the same standard of service to the relevant network.

2.1 Refund/offset if infrastructure services other premises

A condition requiring the provision of additional infrastructure may be imposed by the local government even if the infrastructure will service other premises. However, if the amount of the value of the infrastructure is more than the amount of the value of the charge for the network for the premises, the applicant:

1. does not have to pay an infrastructure charge for the network; and
2. is entitled to a refund from the infrastructure provider, on agreed terms, for the proportion of the establishment cost that can be reasonably apportioned to the other users' premises, and which is collected under an infrastructure charges schedule (or alternately, the amount must be offset against any charge that may be levied for the premises pursuant to an infrastructure charges notice).12

If the value of the constructed infrastructure is less than the value of the infrastructure charge, the local government is required to offset the value of any infrastructure required to be constructed against the contribution otherwise payable.13

2.2 Grounds to appeal condition

Although it is possible to challenge the validity of a condition of this nature in the Planning and Environment Court, a condition imposed pursuant to section 5.1.24 IPA is not unreasonable or irrelevant:

1. to the extent the infrastructure is necessary to service the premises; or
2. if the infrastructure is the most efficient and cost effective solution for service the premises.

If this criterion is met, or a condition is not an unreasonable imposition on the development or the subsequent use of the premises, then it will not be possible to challenge the validity of the condition pursuant to section 3.5.30 IPA.

 

If you have any questions, please contact:

Danielle Bland
(07) 3002 6777