Writing conditions of consent
Local infrastructure contributions practice notes
Print
Councils must include the contributions due in the condition of consent for a development. This module provides guidance on writing conditions of consent for contributions.
Legislative requirements
Councils can impose conditions requiring contributions if they are calculated in accordance with an approved contributions plan.
| Legislative requirements | Reference |
|---|---|
|
Councils can only impose conditions requiring section 7.11 or 7.12 contributions if it is allowed by and calculated in accordance with a contributions plan. |
|
|
Other consent authorities can impose a condition requiring 7.11 or 7.12 contributions that are not in accordance with a contributions plan, but they must first have regard to any relevant contributions plan. |
|
|
The Land and Environment Court can disallow a condition under section 7.11 if it is unreasonable, even if it is in accordance with an approved plan. |
|
|
A condition under section 7.12 cannot be appealed if it is made in accordance with an approved plan. |
Policy requirements
Councils should use clear and consistent conditions of consent
Councils should use simple, clear conditions of consent that demonstrate to the applicant how much is due, when it is due and how this amount will be indexed. Conditions should be written so all parties understand their obligations.
Guidance on drafting conditions of consent is provided in the department’s guidance on writing conditions of consent. Councils should write conditions in plain language, clearly set out what the obligations are and when they must be carried out and identify how the obligations under the condition are to be satisfied.
The condition of consent for contributions should include:
- the name of the plan the contribution is charged under
- the amount owed, broken down into the different contributions rate categories if necessary
- when payment will be required and the method of payment
- that the amount owed will be indexed at the time of payment, in line with the indexation method adopted in the plan.