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Local infrastructure contributions

Section 94 and Section 94A

Council is able to collect contributions for the provision of local infrastructure and facilities under section 94 of the Environmental Planning and Assessment Act 1979. This generally occurs through the development assessment process whereby Council can place conditions on certain types of development to require the levy of these contributions.

Section 94 contributions enables Councils to seek funds from developers towards the provision, extension or augmentation of public amenities and services. It is an essential service to ensure adequate provision of infrastructure to serve the needs of our growing population.

Councils Section 94 Development Contribution Plan outlines the process for the collecting and expending local infrastructure contributions.

Section 94 repealed plans (not current)

On 26 September 2006 Council resolved to repeal the following plans:

Came into effect on 23 June 1999 - view the Plan District No. 1

Came into effect on 23 June 1999 - Plan District No. 2

Came into effect on 23 June 1999Plan - District No. 3

Came into effect on 23 June 1999 - Plan District No. 4

Came into effect on 23 June 1999 - Plan District No. 5

Came into effect on 23 June 1999 - Plan District No. 6

Came into effect on 23 June 1999 - Plan District No. 7

Came into effect on 23 June 1999 - Plan District No. 8

The plans were repealed on 30 June 2007 in accordance with the Environmental Planning and Assessment Act 1979.

Voluntary Planning Agreements

Section 93F in the Environmental Planning and Assessment Act 1979 states that a voluntary planning agreement (VPA) is an agreement entered into by an planning authority (such as Port Stephens Council) and a developer. Under the agreement a developer agrees to provide or fund:

  • public amenities and public services;
  • affordable housing; and
  • transport or other infrastructure.

Contributions can be made through:

  • dedication of land;
  • monetary contributions;
  • construction of infrastructure; and
  • provision of materials for public benefit and/or use.

VPAs cannot be entered into unless public notice has been given and an explanatory note is made available for at least 28 days.

Voluntary Planning Agreement register

VPAs currently on exhibition, finalising, executed or concluded that apply to land within the Local Government Area are available to view on the links below.

103A Richardson Road, Raymond Terrace Planning Agreement (21 April 2016)

Council and Robert Edwin Blackie and Barbara Blackie

The agreement provides details on funding contributions towards the cost of the construction of Halloran Way, Raymond Terrace.

Medowie Planning Agreement (26 July 2010)

Council and Buildev Development (NSW) Pty Ltd – land at the intersection of Peppertree and Ferodale Road, Medowie.

The agreement provides details on funding contributions towards the cost of a traffic study and drainage study to progress the completion of an infrastructure plan to complement the Medowie Strategy adopted by Council on 24 March 2009. The planning agreement also dedicates part of the site to enable the widening of Peppertree Road.

Peppertree Road Planning Agreement (23 May 2014)

Council and BD NSW Project BD075 Pty Ltd - Land at Ferodale Road, Medowie

The agreement provides details on funding contributions towards the purpose Council constructing a public road between Peppertree Road and Medowie Road.

Fern Bay Seaside Village (18 March 2011)

Department of Environment, Climate Change & Water and Fern Bay Seaside Village Limited and Winten Fern Bay No.2 Pty Ltd – land at Seaside Boulevard – Fern Bay.

The agreement provides details on public purpose works to be completed by the developer including track, trail and car park construction, rehabilitation, weed and waste removal as well as monetary contributions towards implementing the Vegetation Management Plan over a 20 year period

Medowie McCloy Planning Agreement (13 May 2016)

Department of Planning and Environment and McCloy Medowie Pty Limited – land at Boundary Road, Medowie.

The agreement provides details in relation to the State Public Infrastructure Contribution.

Medowie McCloy Planning Agreement (28 September 2016)

Office of Environment & Heritage, McCloy Medowie Pty Limited and Port Stephens Council – land at Boundary Road, Medowie.

The agreement is in relation to satisfying clause 7.19 of the Port Stephens Local Environmental Plan 2013.

Contact Details

Strategic Planning Team
Phone: (02) 4980 0407
section94@portstephens.nsw.gov.au