Infrastructure Charges

Details: Last Updated: Wednesday, 11 December 2024 13:31

Information Sheet 004

On 10 December 2024, Toowoomba Regional Council adopted the Charges Resolution No.6 (for print) in line with changes made by the Queensland State government to the way infrastructure charges are levied.

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.

Charges Resolution

The Charges Resolution includes:

definition of relevant terms
the adopted charge rates for each adopted development category for the three charge areas
the charge calculation method
an explanation of how credits will be administered
an explanation of how offsets will be administered
criteria for deciding conversion applications.

Benefits of the Charges Resolution

Council’s Charges Resolution will deliver important benefits to the community including:

a consistent charging method based on the extra demand new developments put on the region's infrastructure;
streamlining of the development application process
funding of construction of planned trunk infrastructure.

Development where Charges Resolution apply

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 privately certified (PC) building work.

Areas where Charges Resolution apply

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 can be found within the Planning Scheme mapping and are called:

urban
township
rural.

How the Infrastructure Charges are 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 developments. These maximum rates are listed in Schedule 16 of the Planning Regulation 2017.

Any credits will be applied when the Infrastructure Charge is calculated, see below. Charges vary depending on the charge area in which they are located.

How Charges Resolution affect development applications

Development applications approved on or after 1 March 2022 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 Infrastructure Charges are notified to the applicant

The Infrastructure Charge is detailed in an Infrastructure Charges Notice (ICN). The ICN is issued to the applicant per section 119 of the Planning Act 2016.

How Infrastructure Charges are calculated

Infrastructure Charges are calculated using the charges and method set out in the Charges Resolution as follows:

ICN amount = IC minus credit (if relevant) where:

IC = infrastructure charge for relevant development category* x demand i.e. number of dwellings or m² of GFA plus, for non-residential development, infrastructure charge for stormwater quantity network x 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 each of the development categories.

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, or planned to be serviced by all five trunk infrastructure networks (water, wastewater, stormwater, transport & parks), a 20% reduction for each network that is not planned to be serviced is applicable to the Infrastructure Charge e.g. if three out of the five trunk infrastructure networks are available, a 40% reduction applies. Similar reductions are applicable for other types of developments in other charge areas. See section 3.3 of the Charges Resolution for more details.

Credits may be applied to infrastructure charges to reflect existing demand on the premises. Examples of situations where a credit may be applied are, where development occurs on a site that contains a previous lawful use, where a previous payment has been made or on residential zoned land. Each residential zoned parcel of land receives a credit to the equivalent of a 3 bedroom dwelling, other types of credits are outlined within section 5 of the Charges Resolution. Credits ensure only the additional demand 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 in the current Charges Resolution.

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 Infrastructure Charge are payable

The Infrastructure Charge is payable for:

RAL - when Council approves the plan of subdivision for the RAL
MCU - when the change happens
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 Development - Estimate of infrastructure charges request form APP 020 and pay the required fee via mail or to your nearest Customer Service Centre.

Checklist

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 credits 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

More categories: