Subdivision Council require 5% of land value

I am doing my first subdivision in Tassie and the split has been approved but council are saying I need to pay 5% of the land value to them as a contribution to the loss of public open space in the area. Is this normal? It says that I can challenge this if I want but not sure if this is standard process or not.

 

What is in the S94 contributions? Or are you going VPA?

 

In Perth it is 10% or higher as standard. Your council should have a Public Open Space Contribution Policy. If there is a procedure to challenge then it may be in the policy.

 

Thanks Perthguy. Suddenly I feel ok with 5%

 

Which council is it?

 

In vic the fall back amount for public open space is 5% unless something else is specified in the planning scheme. Sometimes you can lower the amount, ask you planner or surveyor to call council and see if it can be lowered.

 

Clarence

 

Public Open Space Policy

http://www.ccc.tas.gov.au/webdata/resources/files/public-open-space-policy.pdf

This policy gives recognition of the Council's powers and obligations in respect to
Public Open Space (POS) under the provisions of the Local Government (Buildings and Miscellaneous Provisions) Act 1993 (LGBMP). These provisions enable the Council to:

2.1. require a subdivider to provide to Council up to 5% of the land being subdivided as POS; or

2.2. require POS in excess of the 5% contribution as a part of any subdivision proposal subject to appropriate compensation; or

2.3. condition a subdivider to provide up to 5% cash in lieu contribution of the value of the land being subdivided (less any area provided as POS); or

2.4. refuse a subdivision if it is of the opinion that the proposal should be altered to include (or omit) POS.​

 

Thanks Perth Guy, much appreciated

 

Hi @Perthguy do you know what is the policy of city of Bayswater in regards to public open space contribution? Is this 10% optional and will it apply to someone who is 300 meters from a major public open space? Maybe @Westminster would know too?

 

Hi @Perthguy do you know what is the policy of city of Bayswater in regards to public open space contribution? Is this 10% optional and will it apply to someone who is 300 meters from a major public open space? Maybe @Westminster would know too?

 

Generally here in WA it's for subdivisions of 3 or 4 or more. Each council has their different policies and they are usually on their website.
Would be very very rare for a duplex.

 

There are state government policies and Council could have a Local Planning Policy. I agree with @Westminster. It would be very unusual for a POS contribution for a duplex

 

In vic a two lot sub is exempted, unless the two lots are seen to have the potential of further subdivisions, ie, a 4 lot sub site getting 2 seperate two lot subs would not get around paying. It can have some unfotunate outcomes, i heard of a developer who tried to get a development planning permit for a 3 unit development, got rejected and was only allowed 2 units/lots, but then council argued could be further subdivided so he still had to pay public open space contribution. Wasnt very happy.

 

Thanks @Westminster and @Perthguy , as usual you have been very helpful.

 

Would I be correct that council will need to provide most of the infrastructure? I guess that depends on how large the subdivision is but there would be costs involved for council and ratepayers should not be expected to foot the bill for this.
No offense intended.

 

No, not correct. Most infrastructure is not provided by council. In WA I can't think of a single contribution that a council would make to a small subdivision. Services are provided by Western Power, Water Corporation and perhaps Alinta Energy.

The only contribution a council might make is ongoing maintenance of public open space if the subdivision is large enough to provide it. But in that case, the ratepayers have the benefit of the use of the public open space, so I guess it all evens out.

 

I'm not sure what you mean but my understanding of the POS policy is that the money goes to the council to either create additional public open space or enhance current open space to make it more useable for the increase in population that subdivisions cause.
On a larger scale there are Developer Contribution Schemes for large scale subdivisions that go to the council for provision of local amenities and upkeep of infrastructure of the new development. For example the developer may set aside 5-10% of the land for POS but it is maintained by the Council.
So overall I believe that POS contributions are fair. But they aren't well publicised and they aren't consistent (well not here in Perth) and if people aren't aware of them they can get a rude shock to the budget/profit.