Scheme Amendment 120 - Development Contribution Plan for Rights of Way Improvement Works
In February 2021, Council considered Scheme Amendment No.120, which proposes to modify the ‘Development Contribution Plan for Rights of Way Improvement Works’ in the City’s Local Planning Scheme No.3.
The Scheme Amendment modifies the existing Development Contribution Plan by:
- Removing some laneways (or parts of) from the development contribution area
- Adding a new laneway into the development contribution area
- Exempting some subdivisions from the requirement to pay cost contributions.
Where can I find more information about the amendment?
More information on Scheme Amendment No.120 can be found in the 9 February 2021 Council Minutes (Item 12.1/CP3).
What does Scheme Amendment No. 120 do?
The purpose of Scheme Amendment No.120 is to modify the ‘Development Contribution Plan for Rights of Way Improvement Works’, which is contained under Schedule 11A of the City’s Local Planning Scheme No.3 Scheme Text.
What does a Development Contribution Plan do?
A Development Contribution Plan is a mechanism that allows the City and landowners of properties within the Development Contribution Plan area to share the costs involved in building new infrastructure or upgrading infrastructure for that area - such as lighting installation.
Landowners within a Development Contribution Plan area are only required to contribute towards the cost of building or upgrading the infrastructure if an application to develop or subdivide their land is approved.
A Development Contribution Plan also provides for the collection of development contributions from those landowners to fund the building of new infrastructure or infrastructure upgrades.
What is the ‘Development Contribution Plan for Rights of Way Improvement Works’, and what does it do?
The ‘Development Contribution Plan for Rights of Way Improvement Works’ is a Development Contribution Plan that was inserted into the City’s Local Planning Scheme No.3 upon the gazettal of Scheme Amendment No.5 on 15 December 2015.
This Development Contribution Plan covers the majority of Category 1, 2 and 3 Rights of Way and dedicated laneways in the City that are subject of infrastructure upgrades - mainly surface construction, drainage and/or lighting installation - as identified in the City’s adopted Rights of Way Management Strategy.
The Development Contribution Plan also allows the City to collect development contributions from affected landowners when those landowners carry out development on their lots.
What are Category 1, 2 and 3 Rights of Way (ROWs)?
Why is Scheme Amendment No.120 required?
The modifications proposed as part of Scheme Amendment No.120 are necessary to reflect the changing status of some of the Rights of Ways and laneways.
The Scheme Amendment also seeks to clarify that landowners are not required to pay a cost contribution where subdivision is proposed to cede land to allow for Right of Way widening.
What changes are proposed as part of Scheme Amendment No.120?
Scheme Amendment No.120 proposes to modify the ‘Development Contribution Plan for Rights of Way Improvement Works’ by:
- Removing certain Rights of Way - either entirely or partially - from the Development Contribution Plan. This is because the upgrade of these Rights of Way are no longer required. Landowners abutting these Rights or Way no longer have to contribute to the construction of those Rights of Way
- Adding a new Right if Way into the Development Contribution Plan for upgrade. This laneway was not previously identified to be included due to its reservation for drainage purposes
- Exempting subdivisions undertaken solely for the ceding of land for Rights of Way widening from the requirement to pay cost contributions.
Detailed information on the location of these Rights of Ways can be viewed in the 9 February 2021 Council Minutes (Item 12.1/CP3)
Council resolved to initiate Scheme Amendment
9 February 2021
Community consultation commences
13 May 2021
Community consultation concludes
11 July 2021
Officer reviews comments received during community consultation
Council considers outcomes of community consultation
August 2021 - To be confirmed
Scheme Amendment forwarded to the Minister for Planning for a decision
September - To be confirmed
Decision from the Minister for Planning received
To be confirmed
Scheme Amendment No 120 comes into effect (if approved by the Minister for Planning)
To be confirmed
For more information, or to receive this information in an alternative format, contact Patricia Tan, Development Services - Schemes and Policies Team on (08) 9205 8555.
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