Reviewing, amending and repealing contributions plans
Guidance on how councils can review, amend and repeal their section 7.11 or section 7.12 plans.
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There are formal processes around how councils can review, amend and repeal their section 7.11 or section 7.12 plans. This module provides guidance on these processes.
Legislative requirements
Councils must take certain steps when reviewing, amending and repealing their contributions plans as set out in the EP&A Regulation.
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Minor amendments to a plan Minor amendments to an adopted contributions plan can be made without the need to adopt a subsequent plan. These include:
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Reviewing an adopted contributions plan A contributions plan must be reviewed during its lifetime to ensure it remains current. If the plan specifies dates or triggers for review, these must be followed. |
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Amending an adopted contributions plan Councils can amend an approved plan by approving a subsequent version of the plan. This would require exhibition and approval of the amended plan. |
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Repealing an adopted contributions plan Councils can repeal a contributions plan by approving a subsequent contributions plan or by publishing a notice on its website of its decision to repeal the plan At least 14 days before repealing a plan this way, the council must publish a notice on its website of its intention and reason for repealing the plan, followed by the notice once the plan is formally repealed. The plan is repealed once this final notice is published. |
A contributions plan should be reviewed to ensure the growth assumptions, infrastructure requirements and cost estimates of the plan remain current. There is no set time frame for reviewing a plan. However, the plan should detail the triggers or time frame for when it will be reviewed, which must be followed by the council. Where an area is growing rapidly, there may be a need for more regular reviews.
- 4 year review time frames can better align with the preparation of a council’s delivery program, as well as working alongside its broader strategic planning programs and Integrated Planning and Reporting Framework requirements. This can help integrate infrastructure contributions into these other council planning processes.
- 5 year review time frames can better align with demographic and census data. This can help ensure the projected population growth can stay in line with the proposed infrastructure needs over the life of a plan.
Triggers for reviewing a plan could include:
- the works program or cost of the infrastructure items need to be updated, which would then have impacts on contribution rates and the levels of apportionment
- the basis of the plan needs to be changed, such as the base population in an area, occupancy rates, standards of provision or timing of delivery. An ongoing review of the plan enables any projections to be closely monitored and adjusted as more accurate information becomes available
- studies or strategies underpinning the plan need to be updated to remain current
- the catchment area needs to be changed, which may be the result of a boundary change to the development or the local government area.
Infrastructure costs should be updated during the review
Regularly reviewing land and works cost estimates in contributions plans helps to mitigate the risks of under collecting. Inaccurate costs are one of the highest risk factors when collecting contributions.
Councils should update the infrastructure costs in a section 7.11 plan to ensure the contribution rates remain accurate. This should be done during the regular plan review process or when significant changes to costs are anticipated or incurred.
Councils who use the net present value approach should update both the infrastructure costs and the apportionment details in their model, to ensure future development is not paying more than its apportioned share of the cost.
Councils should also consider updating costs in a section 7.12 plan over its lifetime.
Amended plans should replace the existing version on the NSW Planning Portal
As part of a council’s reporting and publishing requirements, an amended contributions plan must be uploaded to the NSW Planning Portal, as well as the council’s website.
The amended version should replace the outdated version once approved and adopted by the council. However, the old version should remain publicly available, especially for developments that were granted consent under it and are yet to pay their contribution.
When making minor amendments that don’t require preparing a new plan, council must ensure the published version of the plan is updated with the changes. A revision history should be included in the plan to provide a summary of what was corrected and the date the plan was updated.