Section 94 Contribution Plans

Under the Environmental Planning and Assessment Act 1979 (EP&A ACT), Section 94 is the sole source of power for Council to levy developer contributions for these public services and amenities.Section 94 contributions are a monetary contribution levied on developers at the development application stage to help pay for additional community facilities and/or infrastructure such as provision of libraries; community facilities; open space; roads; and bushfire facilities.The Court has established the following principles for testing the validity of a consent condition requiring a Section 94 contribution:

·         The contribution must relate to a planning purpose

·         The contribution must fairly and reasonably relate to the subject development