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

 

3. Conditions for additional trunk infrastructure costs pursuant to Chapter 5 Part 1 IPA

A local government may impose a condition requiring the payment of additional trunk infrastructure costs if the development:

1. is
   1. inconsistent with the assumptions about the type, scale, location or timing of future development stated in the priority infrastructure plan; or
   2. for premises completely or partly outside the priority infrastructure area; and

2. would impose additional trunk infrastructure costs on the infrastructure provider after taking into account either or both of the following:

   1. infrastructure charges or regulated infrastructure charges levied for the development;
   2. trunk infrastructure supplied, or to be supplied by the applicant under Divisions 4 to 6 of IPA.14

It is important to note that the additional cost of providing infrastructure does not impact upon the merits of a particular proposal, and normal planning criterion must be addressed in the assessment of the development application irrespective of the applicant's willingness to pay any additional costs.

3.1 Obligation to give prior acknowledgment notice

A condition requiring the payment of additional trunk infrastructure costs cannot be lawfully imposed unless the local government has previously given the applicant an acknowledgment notice pursuant to section 3.2.4 IPA (Acknowledgment notices for development inconsistent with priority infrastructure plans).

This is to ensure that the applicant is given early notice that additional trunk infrastructure costs may be payable.

3.2 Refund if development approval lapses

If the development approval no longer has effect (i.e. the approval has lapsed or has been cancelled at the request of the landowner) and construction of the infrastructure has not substantially commenced before the approval ceased having effect, then the local government must repay any part of the payment the local government has not spent, or contracted to spend, on the design and construction of the infrastructure.15

A condition imposed for the payment of additional trunk infrastructure costs may be challenged in the Planning and Environment Court. However, a condition of this nature complies with section 3.5.30 IPA to the extent that the trunk infrastructure is necessary, but not yet available, to service development, even if the infrastructure is also intended to service other development.16

 

If you have any questions, please contact:

Danielle Bland
(07) 3002 6777