This report provides an update on the preparation of the Draft Hurstville Section 94 Contributions Management Plan (S94 Plan) and proposed work program. The Draft S94 Plan is proposed to be reported to Council in July 2012 for the purpose of public exhibition.
Council resolved on 28 September 2011 to not adopt the Draft Section 94 and Section 94A Contributions Management Plan for public exhibition and “to not have a Section 94A Plan for the Hurstville LGA” and that “the Draft Plan be amended to remove all clauses relating to Section 94A and not apply Section 94A to any developments in the Hurstville LGA”. Also that “the revised Draft Plan be referred to the Department of Planning and Infrastructure for approval prior to reporting the Draft Plan to Council for the purpose of public exhibition”.
The Draft S94 Plan is required due to legislation changes and will repeal Council’s existing Section 94 Contributions Plans if adopted by Council following exhibition. The Draft Plan will enable Council to levy section 94 contributions on various types of development.
THAT the information in this report be received and noted.
REPORT DETAILSBackgroundThis purpose of this report is to provide an update on the preparation of the Draft Hurstville Section 94 Contributions Management Plan (S94 Plan) and proposed work program. Due to changes to Environmental Planning & Assessment Act and Regulation, new Ministerial Directions relating to Section 94 and the introduction of Section 94A provisions, a review of Council’s existing Section 94 Contributions Management Plans has been undertaken. Council's existing seven (7) Section 94 Plans were prepared prior to these legislation changes.At Council’s meeting on 16 May 2007 Council resolved to prepare a new Section 94 Plan and a Section 94A Plan for Hurstville LGA and to prepare supporting studies to identify the projects and works to be included in the plan. Council engaged specialist consultants to assist in preparing the supporting studies and Draft S94 Plan. A number of Councillor workshops and Council reports have been presented on Section 94 and Section 94A and different versions of the Draft Plan.Following a consideration of all the information provided, Council resolved on 28 September 2011:
EXECUTIVE SUMMARYThe purpose of this report is to provide an update to Council on the progress of the draft Hurstville Local Environmental Plan 2011 (draft LEP 2011) and the draft Hurstville Local Environmental Plan (Hurstville City Centre) 2011 (draft LEPHCC 2011).AUTHOR RECOMMENDATIONTHAT Council receive and note the information in this report.REPORT DETAILSCouncil at its meeting on 12 April 2012 gave consideration to two reports on the draft Hurstville Local Environmental Plans comprising a new LEP for Hurstville LGA and a new plan for Hurstville City Centre. At this meeting Council resolved to adopt both Plans subject to a number of changes and forward the Plans to the Department of Planning and Infrastructure for finalisation.Since that time Council officers have made the necessary changes to each Planning Instrument and the maps in accordance with Council's resolution. Work is progressing on finalising a Section 68 report for the Hurstville LGA LEP and a Section 58 for the Hurstville City Centre LEP. These reports are required in accordance with the Environmental Planning and Assessment Act and to allow the Department of Planning and Infrastructure to assess each plan. An important part of this assessment is review of the written instruments by Parliamentary Counsel. This is required before the Department will finalise its recommendation and upon approval, referral to the Minister for gazettal.At this stage it is anticipated that both reports, final written, draft plans and supporting documentation will be submitted to the Department on 18 May, 2012. COMMITTEE RECOMMENDATION - PPETHAT Council receive and note the information in this report.