Information Sheet 004
On 19 December 2018, Toowoomba Regional Council adopted the Charges Resolution No. 3 in line with changes made by the Queensland State government to the way infrastructure charges are levied.
What are infrastructure charges?
Toowoomba Regional Council levies infrastructure charges as part of the development application process which includes development assessment and compliance assessment. This ensures that new development pays a share of the cost of providing infrastructure to meet additional demand on trunk infrastructure networks.
The Local Government Infrastructure Plan, Part 4 of the Toowoomba Regional Planning Scheme (the planning scheme) includes Council’s 15 year forward plan for trunk infrastructure which will be funded by infrastructure charges see INFO 035 Local Government Priority Infrastructure Plan Information Sheet.
What are the benefits of the Charges Resolution?
Council’s Charges Resolution will deliver important benefits to the community including:
- A simpler charging method
- Streamlining of the development application process
- Funding of construction of planned trunk infrastructure
What types of development does the Charges Resolution apply to?
The types of development that trigger the levying of Infrastructure Charges are:
- Reconfiguring a lot (RAL)
- Material change of use (MCU) of premises
- Carrying out building work
What area does the Charges Resolution apply to?
The Charges Resolution applies across the whole Toowoomba Regional Council area which is divided into three charge areas based on land use and access to infrastructure. These areas are called:
- Urban area
What's in the Charges Resolution?
The Charges Resolution includes:
- Infrastructure Charges for each adopted infrastructure charge category for the three charge areas
- The charge calculation method
- The charge applicable at the reconfiguring a lot stage with a variation for the Charlton Wellcamp area
- An explanation of how discounts will be administered
- An explanation of how offsets will be administered
- A link to online Priority Infrastructure Area (PIA) maps
- Charge area maps
How are the Infrastructure Charges set?
In all charge areas, Council has adopted an Infrastructure Charge at or below the maximum allowable by the Queensland State government for residential and non-residential development. Adopting at or below the maximum allowable enables Council to fund trunk infrastructure for future development.
Any credits or discounts will be applied when the Infrastructure Charge is calculated, see below. Charges vary depending on the charge area in which they are located.
How does the Charges Resolution affect development applications?
Development applications approved on or after 1 January 2019 may have Infrastructure Charges applied under the Charges Resolution.
For development which is not in accordance with the planning assumptions in the LGIP, additional requirements relating to trunk infrastructure may be imposed on the development, through conditions of development approval. In some cases development applications which are inconsistent with the LGIP may require extra trunk infrastructure costs to be conditioned above the level of the Infrastructure Charge.
At the end of this Information Sheet is a checklist for owners, applicants and building certifiers making a development application i.e. RAL, MCU or building work.
How are Infrastructure Charges notified to the applicant?
The Infrastructure Charge is detailed in an Infrastructure Charges Notice (ICN). The ICN is issued to the applicant or person who requested compliance assessment if Council is the approval body, at the same time as the development approval or compliance permit is given or, otherwise, within 10 business days (deemed approval and other approvals 20 business days) after Council receives a copy of the approval or permit.
How are Infrastructure Charges calculated?
Infrastructure Charges are calculated using the charges and method set out in the Charges Resolution as follows:
ICN amount = IC minus discount and credit (if relevant) where:
IC = infrastructure charge for relevant development category* x demand i.e. number of dwellings or m² of GFA plus impervious m² for stormwater.
* If a development may be the subject of more than one use, the local government will levy an
Infrastructure Charge for the each of the development types.
When calculating the Infrastructure Charge for a residential RAL, Council will apply to each allotment created, the IC applicable to a 3 or more bedroom dwelling. This approach assumes that the highest and best use will be undertaken on each new residential allotment.
Where residential development occurs within an urban area not serviced by all five trunk infrastructure networks, a 20% discount for each non-accessible trunk infrastructure network is applicable to the Infrastructure Charge e.g. if three out of the five trunk infrastructure networks are available a 40% discount applies.
Where development occurs on a site with existing development that is being removed or on residential zoned land a credit may apply to the calculation of the Infrastructure Charges. Each residential zoned parcel of land receives a credit to the equivalent of a 3 bedroom dwelling. This ensures only the additional or new development is charged.
The Infrastructure Charge will be increased from the date in an ICN to the date of payment of the charge by an amount representing the increase in the 3-yearly moving average quarterly percentage increase in the PPI from the date of the ICN to the date of payment; however this amount is no greater than the maximum adopted charge outlined in the Planning Act 2016 section 112(2).
What about supplying infrastructure or land in lieu of an Infrastructure Charges i.e. offsets?
Council may condition necessary trunk infrastructure, land and/or works, to be provided, in this instance an offset, or refund, is applicable to the Infrastructure Charge.
The Planning Act 2016 also gives Council and applicants discretion to enter into infrastructure agreements.
When is the Infrastructure Charge payable?
The Infrastructure Charge is payable for:
- RAL - when Council approves the plan of subdivision for the RAL;
- MCU - when the change happens; or
- Building works - when the certificate of classification for the building works is issued
If an applicant wishes to vary the timing of payment, another type of offset, the Sustainable Planning Act gives Council and applicants discretion to enter into an infrastructure agreement.
Does the Charges Resolution affect charges for existing development approvals?
No. The conditions imposed and charges calculated at the time the development application was approved still apply.
How do I find out what the Infrastructure Charge is likely to be for my development?
To obtain an Infrastructure Charge estimate submit Application Form APP 020 Estimate of Infrastructure Charges Request and pay the required fee via mail or to your nearest Customer Service Centre.
Checklist for owners, applicants and building certifiers making a development or building work application:
If you are a private certifier, give notice to Council of your engagement to perform private assessment and certification of building work
Check if trunk infrastructure exists or is planned in time to allow your development to take place
Consider if you wish to provide infrastructure or land instead of paying all or part of a charge or vary the timing of payment. (The provision of infrastructure or the varying of timing is at the agreement of both parties. The provision of land in lieu of an Infrastructure Charge is at Council’s discretion)
Check if discounts or offsets apply and supply supporting information
Apply for an Infrastructure Charge estimate
If you are a private certifier, provide Council with a copy of the application and approval documents within 5 business days of approving a building work application
Following receipt of the Charges Notification from Council pay the Infrastructure Charges amount by the due date
Apply to Council for an offset if relevant
The information contained in this article is a guide only. This information has been prepared by Toowoomba Regional Council to help people gain an understanding of the Toowoomba Regional Planning Scheme. Please consult the Toowoomba Regional Planning Scheme for detailed information including maps (zones, local plans, overlays and priority infrastructure plan), provisions and policies. The content of this information sheet is not intended to replace the provisions of the Toowoomba Regional Planning Scheme.