Civic Improvement Plan - Wollongong City Council - NSW Government

4. Special contributions levy4.0 SPECIAL CONTRIBUTIONS LEVYON DEVELOPMENT4.1 INTRODUCTIONThe Wollongong Railway Station Upgrade andHeritage Port Redevelopment are to be fundedin part through a special contributions levyon new development in the Wollongong CityCentre commercial core zone under Section94EE of the EP&A Act.In February 2007, the Minister for Planningpublished a notice in the NSW GovernmentGazette to establish the Wollongong CityCentre as a Special Contributions Area underSection 94EG of the EP&A Act.The Minister has issued a Direction underSection 94EF of the EP&A Act to WollongongCity Council to impose as a condition ofconsent on all development in the commercialcore zone within the City Centre a requirementto pay a levy under Section 94 EE of theEP&A Act towards the upgrade of WollongongRailway station.4.2 LAND AND DEVELOPMENTTO WHICH THE LEVY APPLIESThe Section 94EE Special Contributions Levyapplies to all development with a cost of morethan $250,000 and that increases the grossfloor area on land in the commercial core zonein the Wollongong City Centre.4.3 COMMENCEMENT OF THE LEVYThe Section 94EE Special Contributions Levycommences on 2 February 2007.4.4 LEVY RATE/ AMOUNTThe Section 94EE Special Contributions Levyis 1% of the cost of development.The cost of development is to be determinedin accordance with Clause 25J of the EP&ARegulation 2000 which states the following:“(1)The proposed cost of carrying outdevelopment is to be determined by theconsent authority ... by adding up all the costsand expenses that have been or are to beincurred by the applicant in carrying out thedevelopment, including the following:(a) if the development involves the erectionof a building, or the carrying out of engineeringor construction work—the costs of or incidentalto erecting the building, or carrying out thework, including the costs (if any) of andincidental to demolition, excavation and sitepreparation, decontamination or remediation,(b) if the development involves a change ofuse of land—the costs of or incidental to doinganything necessary to enable the use of theland to be changed,(c) if the development involves the subdivisionof land—the costs of or incidental topreparing, executing and registering the planof subdivision and any related covenants,easements or other rights.(2) For the purpose of determining theproposed cost of carrying out development,a consent authority may have regard to anestimate of the proposed cost of carrying outthe development prepared by a person, or aperson of a class, approved by the consentauthority to provide such estimates.(3) The following costs and expenses are not tobe included in any estimate or determination ofthe proposed cost of carrying out development:(a) the cost of the land on which thedevelopment is to be carried out,(b) the costs of any repairs to any buildingor works on the land that are to be retainedin connection with the development,(c) the costs associated with marketing orfinancing the development (including intereston any loans),(d) the costs associated with legal work carriedout or to be carried out in connection withthe development,(e) project management costs associatedwith the development,38 WOLLONGONG CITY CENTRE CIP 2007