Section 94

What is section 94?

Section 94 of the Environmental Planning & Assessment Act 1979 permits councils to include as a condition of development consent, the reasonable dedication of land or the payment of monies, or both, for development that is likely to require the provision of, or increase the demand for public amenities and public services within the area.

Councils must adopt contributions plans before they levy a contribution.  A contributions plan identifies public services and amenities to meet the demand of development.  Examples include open space, recreation facilities, car parking, and community facilities.

Lake Macquarie City Council has prepared the following section 94 contributions plans:

Planning Agreement Policy - Car Parking Deficiencies provides the requirements and guidance for the use of planning agreements for developments, which propose non-residential on-site car parking deficiencies in the City's commercial areas.

How much is my section 94 contribution?

Council indexes and adjusts contribution rates quarterly, in accordance with the indexation provisions contained within the section 94 contributions plans. This occurs on 15 February, 15 May, 15 August, and 15 November each year.

Council will confirm the fees payable upon determination of your application.

When will I have to pay my section 94 contribution?

Payment of section 94 contributions is required at specific points of the development process:

  • For development applications involving subdivision, payment is required prior to the release of the Subdivision Certificate.
  • For development applications involving building work, payment is required prior to the release of the first Construction Certificate.
  • For development applications involving both subdivision and building work, payment is required prior to the release of the Subdivision Certificate or the first Construction Certificate, whichever occurs first.
  • For development applications where no Construction Certificate or Subdivision Certificate is required, payment is required prior to the release of the development consent or prior to issue of the first Certificate of Occupancy.

Please contact council on 02 4921 0333 if you require further information about section 94 contributions.