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Lismore City Section 94 Contributions Plan

Lismore City Section 94 Contributions Plan ii

Table of contents

1. Summary of contributions .............................................................................................................. 1

1.1 Value of infrastructure .......................................................................................................... 1

1.2 Contribution rate examples .................................................................................................. 2

2. Administration and operation ......................................................................................................... 6

2.1 Name of the plan .................................................................................................................. 6

2.2 Commencement of the plan ................................................................................................. 6

2.3 What is the purpose of this plan? ........................................................................................ 6

2.4 Land to which this plan applies ............................................................................................ 6

2.5 Relationship to other plans .................................................................................................. 8

2.6 Development to which this plan applies............................................................................... 8

2.7 Definitions ............................................................................................................................ 8

2.8 How does this plan operate? ............................................................................................... 9

2.9 Adjustment of contributions ................................................................................................. 9

2.10 When are development contributions payable? ................................................................ 10

2.11 How the contributions may be paid .................................................................................... 11

2.12 Can deferred or periodic payments be made? .................................................................. 13

2.13 Construction certificates and the obligation of accredited certifiers .................................. 13

2.14 Section 96 modifications to development consents ........................................................... 14

2.15 Exclusions for certain types of development ..................................................................... 14

2.16 Supporting documentation ................................................................................................. 16

2.17 Accountability ..................................................................................................................... 17

2.18 Pooling of contributions...................................................................................................... 17

2.19 Review of plan and contribution rates ................................................................................ 17

2.20 Savings and transitional arrangements ............................................................................. 18

2.21 Goods and services tax ..................................................................................................... 18

3. Context and catchments .............................................................................................................. 19

4. Population and housing ................................................................................................................ 22

4.1 Lismore demographic snapshot ......................................................................................... 22

4.2 Historical population ........................................................................................................... 22

4.3 Household size .................................................................................................................. 23

4.4 Lismore LGA - age structure .............................................................................................. 24

4.5 Population mobility ............................................................................................................. 24

4.6 Other population characteristics ........................................................................................ 25

4.7 Lismore urban population .................................................................................................. 25

4.8 Lismore rural population .................................................................................................... 26

4.9 Historical housing growth ................................................................................................... 27

4.10 Dwelling types and bedroom numbers .............................................................................. 27

4.11 Population projections........................................................................................................ 28


4.12 Non-residential development ............................................................................................. 29

5. Community services and facilities ................................................................................................ 33

5.1 Nexus and future demand ................................................................................................. 34

5.2 Reasonableness ................................................................................................................ 35

5.3 Apportionment .................................................................................................................... 35

5.4 Catchments and development ........................................................................................... 35

5.5 Works program .................................................................................................................. 36

5.6 Formula and contribution rates .......................................................................................... 36

6. Public domain facilities ................................................................................................................. 37


6.2 Reasonableness ................................................................................................................ 38

6.3 Apportionment .................................................................................................................... 38


6.5 Works program .................................................................................................................. 39


7. Open space and recreation facilities ............................................................................................ 41


7.2 Reasonableness ................................................................................................................ 43

7.3 Apportionment .................................................................................................................... 43


7.5 Works program .................................................................................................................. 43


8. Cycleway facilities ........................................................................................................................ 46


8.2 Reasonableness ................................................................................................................ 47

8.3 Apportionment .................................................................................................................... 47


8.5 Works program .................................................................................................................. 47


9. Traffic management facilities ....................................................................................................... 49


9.2 Reasonableness ................................................................................................................ 50

9.3 Urban roads ....................................................................................................................... 50

9.4 Rural roads ........................................................................................................................ 53

10. Stormwater ................................................................................................................................... 55


10.2 Reasonableness ................................................................................................................ 55

10.3 Apportionment .................................................................................................................... 55


10.5 Works program .................................................................................................................. 56

Lismore City Section 94 Contributions Plan iv


11. Emergency services ..................................................................................................................... 57

11.1 Contribution rates ............................................................................................................... 57

11.2 Works schedule bushfire ................................................................................................... 57

11.3 Works schedule SES ......................................................................................................... 58

12. Car parking ................................................................................................................................... 59


12.2 Reasonableness ................................................................................................................ 59

12.3 Apportionment .................................................................................................................... 59


12.5 Works schedule ................................................................................................................. 60

13. Heavy haulage ............................................................................................................................. 61


13.2 Exemptions under this plan ............................................................................................... 62

13.3 Application of this plan ....................................................................................................... 62

13.4 Contributions ...................................................................................................................... 62

14. Street trees ................................................................................................................................... 63


14.2 Reasonableness ................................................................................................................ 63

14.3 Apportionment .................................................................................................................... 63


14.5 Works schedule ................................................................................................................. 64

15. Section 94 plan administration ..................................................................................................... 65

15.1 Nexus ................................................................................................................................. 65

15.2 Apportionment .................................................................................................................... 66

15.3 Reasonableness ................................................................................................................ 66

15.4 Works ................................................................................................................................. 66


Table index

Table 1 Value of Infrastructure.......................................................................................................... 2

Table 2 Contribution Rates – Residential – Urban Area ................................................................... 3

Table 3 Contribution Rates – Residential – Rural North ................................................................... 3

Table 4 Contribution Rates – Residential – Rural South .................................................................. 4

Table 5 Commercial and Industrial Contribution Rates .................................................................... 4

Table 6 Adjustment of contributions – cost indices......................................................................... 10

Table 7 Population Size and Population Change in Lismore LGA – 1976 to 2011 (ERP) ............. 22

Table 8 Household Size 1996 – 2011 ............................................................................................. 23


Table 9 Occupancy Rate Relative to Number of Bed Rooms, 2011 .............................................. 23

Table 10 Population Mobility, 2011 ................................................................................................... 25

Table 11 Population Size and Population Change in Lismore Urban............................................... 26

Table 12 Population Size and Population Change in Lismore Rural ................................................ 26

Table 13 Dwelling Characteristics in Lismore 2001 to 2011 (Occupied) .......................................... 27

Table 14 Total Occupied Dwellings from 1976 to 2011 .................................................................... 27

Table 15 Dwelling Type and Number of Bedrooms .......................................................................... 28

Table 16 Population Projections, 2011-2036 .................................................................................... 29

Table 17 Projected Employment Growth .......................................................................................... 31

Table 18 Community Services and Facilities Works program - Villages .......................................... 36

Table 19 Community Services and Facilities Works program – CBD and Goonellabah .................. 36

Table 20 Public Domain Facilities - Works program ......................................................................... 39

Table 21 Open Space and Recreation - Acquisitions Works Program ............................................. 44

Table 22 Open Space and Recreation Facilities - Increased Capacity Works Program .................. 44

Table 23 Open Space and Recreation Facilities -Total Works program Cost .................................. 44

Table 24 Cycleway Works Program – Works directly attributed to new release areas .................... 47

Table 25 Cycleway Works Program -Total works program cost ....................................................... 48

Table 26 Summary of Traffic Generation -Lismore Strategic Road Review (TTM Group,

October, 2012) ................................................................................................................... 50

Table 27 Urban Traffic Management Works Program ...................................................................... 50

Table 28 Rural traffic management works program.......................................................................... 53

Table 29 Rural Roads North and South -Total Works Program Cost ............................................... 53

Table 30 Stormwater Facilities - Works program .............................................................................. 56

Table 31 Emergency Services Works Schedule – Bushfire ............................................................. 57

Table 32 Emergency Services Works Schedule – State Emergency Services ................................ 58

Table 33 Car Parking Works Schedule ............................................................................................. 60

Table 34 Street Trees Works Schedule ............................................................................................ 64

Figure index

Figure 1 Land to which this plan applies ............................................................................................ 7

Figure 2 Rural North and South Catchments ................................................................................... 20

Figure 3 Urban Catchment ............................................................................................................... 21

Figure 4 Age Structure, Lismore LGA, 2011 .................................................................................... 24

Lismore City Section 94 Contributions Plan vi

Appendices

Appendix A – Tucki Tucki Creek Corridor Acquisition Area

Appendix B – Location of Works

Lismore City Section 94 Contributions Plan 1

1. Summary of contributions

This Section 94 Contributions Plan addresses the public facilities and amenities that will be

required to meet the needs of the incoming population of Lismore. It applies to the Lismore

Local Government Area other than the North Lismore Plateau which has its own Section 94

Contributions Plan.

Section 94 of the Environmental Planning and Assessment Act 1979 authorises a consent

authority responsible for determining a development application to grant consent to a proposed

development subject to a condition requiring the payment of a monetary contribution or the

dedication of land free of cost, or both, towards the provision of public amenities and public

services.

This Plan was prepared in accordance with the Environmental Planning and Assessment Act

1979 and the Environmental Planning and Assessment Regulation 2000. This Plan has been

prepared taking into consideration the principles of nexus, apportionment and reasonableness.

This plan describes the forecast future demands for public facilities and amenities in Lismore,

the programs of works (projects) which will be implemented to meet these demands, the

anticipated costs of these programs, and the basis for determining a reasonable apportionment

of the costs to the incoming resident and worker population.

It has been estimated that over the next ten years:

The population of Lismore LGA will increase by an additional 2404 persons (excluding

North Lismore Plateau).

The total expected area of industrial / commercial development is will increase by

167,488 m2 resulting in an additional 2,352 employees.

The new population will result in the need for augmented and/or additional community facilities,

cycle ways, open space and recreation facilities; stormwater infrastructure, public domain

facilities, traffic and transport management facilities, and administration and plan management.

1.1 Value of infrastructure

As a condition of development consent, Council will require payment of money and/or

dedication of land or works as a contribution to the cost of the provision of infrastructure

required to enable development in Lismore LGA (excluding North Lismore Plateau). The value

of the contributions are based on the formulae shown in this Contributions Plan, using the cost

of infrastructure and the extent of estimated development also shown in this Contributions Plan.

The following table provides a summary of the cost of the proposed infrastructure to be funded

under this Contributions Plan, the money that has been collected under previous plans that is

being brought forward and the funds to be collected under this Contributions Plan.


Table 1 Value of Infrastructure

Purpose Cost of works

funded under

this plan

Amount

previously

collected

Remaining

funds to be

collected

Community Services and Facilities $230,512 $14,600 $215,912

Public Domain Facilities $847,207 $0 $847,207

Open Space and Recreation Facilities $405,000 $191,300 $213,700

Tucki Tucki Open Space Corridor $63,123

$0***

$63,123

Cycleway Facilities $851,025 $328,100 $522,925

Rural North and South Traffic

Management Facilities $3,450,897 $2,130,300 $1,320,597

Urban Traffic Management Facilities $18,007,600* $4,574,900 $9,781,016**

Stormwater $100,000 $0 $100,000

Emergency Services (Bushfire) $143,700 $143,700 0

Emergency Services (SES) $77,400 $77,400 0

Car Parking $65,200 $65,200 0

Street Trees $281,500 $281,500 0

Village Community Facilities $148,200 $148,200 0

Section 94 Plan Administration $275,000 $0 $275,000

Total $24,946,364^ $7,955,200 $13,339,480

* This is the ten year works program inclusive of the urban traffic management contribution from

the NLP urban release area

** This is the ten year works program less the existing amount in the fund and less the

anticipated urban traffic management contribution from the NLP urban release area

*** The $558,600 in pooled funds will be used to acquire and embellish land currently subject to

the acquisition process which effectively reduces the pool money available for future acquisition

and embellishment to zero

^ This is the total cost of works that will be funded under this contributions plan inclusive of the

urban traffic management contribution from the NLP urban release area

1.2 Contribution rate examples

The following tables show examples of contribution rates for certain development at the date of

adopting this Contributions Plan. Over time they will need to be increased according to the

Consumer Price Index (CPI) and a relevant Producer Price Index (PPI).


Table 2 Contribution Rates – Residential – Urban Area

Dwelling house Multi dwelling housing

Rate Per Person ($)

For a 3 bedroom dwelling house at 0.8 persons per bedroom (equivalent to a residential lot)

For a 2 bedroom dwelling at 0.8 persons per bedroom

Community Services and

Facilities $65 $156 $104

Public Domain Facilities $254 $610 $406

Open Space and

Recreation Facilities

(including Tucki Tucki

Creek corridor) $115 $276 $184

Cycleway Facilities $332 $797 $531

Urban Traffic

Management Facilities $1,093 $2,623 $1,749

Stormwater $16.50 $40 $26.5

Section 94 Plan

Administration $46 $110 $74

Total $1,921.50 $4,612 $3,074.50

Table 3 Contribution Rates – Residential – Rural North

Dwelling house Multi dwelling housing

Rate Per Person ($)



Community Services and

Facilities $65 $156 $104


Open Space and




Rural North Traffic


Stormwater $16.50 $40 $26.50

Section 94 Plan



Total $2,089.50 $5,015 $3,343.50

Table 4 Contribution Rates – Residential – Rural South

Dwelling Type Dwelling house Multi dwelling housing

Rate Per Person ($)



Community Services

and Facilities $65 $156 $104


Open Space and




Rural South Traffic


Stormwater $16.50 $40 $26.50

Section 94 Plan


Total $2,089.50 $5,015 $3,343.50

Table 5 Commercial and Industrial Contribution Rates

Commercial Industrial

Contribution Per Employee

Contribution per m2

(at 1 employee per 46 m

2)

Contribution per employee

Contribution per m

2 (at 1 employee

per 88 m2)

Community Services and Facilities

$64 $1.40 - -

Public Domain Facilities

$252 $5.50 - -

Urban Traffic Management Facilities

$5,287 $115 $2,188 $25

Stormwater $39.50 $0.85 $16.50 $0.20

Section 94 Plan Administration

$108 $2.35 $45 $0.50

Total Urban $5,750.50 $125.10 $2,249.50 $25.70

Total Rural North $463.50 $10.10 $61.50 $0.70

Total Rural South $463.50 $10.10 $61.50 $0.70


2. Administration and operation

2.1 Name of the plan

This Plan is called the Lismore City Section 94 Contributions Plan.

2.2 Commencement of the plan

This Plan was endorsed by Lismore City Council on 11 November 2014 and commenced on 1

January 2015.

Development applications assessed on or after the commencement date will be subject to the

provisions of this plan.

2.3 What is the purpose of this plan?

The primary purpose of this Plan is to satisfy the requirements of the Environmental Planning

and Assessment Act 1979 (EP&A Act) and the Environmental Planning and Assessment

Regulation 2000 (EP&A Regulation) to enable Council to levy payment of a monetary

contribution, a dedication of land, or, in lieu thereof, to accept the provision of material public

benefits (including the dedication of land) or the carrying out of works in kind, towards the

provision, extension or augmentation of services and facilities that will, or are likely to be,

required as a consequence of development in Lismore.

Other purposes of this Plan are to:

Provide the framework for the efficient and equitable determination, collection and

management of development contributions towards the provision of services and

facilities.

Ensure that public services and facilities are provided in a reasonable time within the City

of Lismore.

Ensure that all new development that benefits from public services and facilities

contributes to its provision.

Ensure that the existing Lismore community is not unreasonably burdened by the

provision of public infrastructure required (either partly or fully) as a result of the ongoing

development and re-development of Lismore.

Provide an overall strategy for the co-ordinated delivery of services and facilities

consistent with Council’s strategic intent.

Provide a comprehensive and transparent strategy which is implemented for the

assessment, accounting and review of development contributions made under Section 94

of the EP&A Act and EP&A Regulation for Lismore.

Indicate a program of works and expenditure for the provision of public services and

facilities required as a result of development.

2.4 Land to which this plan applies

This Plan applies to land within the Lismore local government area (LGA), referred to in this

Contributions Plan.

Figure 1 illustrates the Land to which this Plan applies. Council will levy all development in

Lismore LGA which generates the need for additional amenities, facilities and services, which

the Council provides. Development includes subdivision and new dwellings.

North Lismore Plateau is excluded from this S94 plan as it has a stand-alone S94 plan.


Figure 1 Land to which this plan applies


2.5 Relationship to other plans

This Plan repeals Lismore Contributions Plan, March 2004 (as amended).

Contributions raised and paid under the auspices of the repealed plans will be directed towards

the respective facility categories contained in this Plan. This Plan incorporates the outstanding

fund balances of the repealed plans, as existing at the time of the plan’s introduction.

Contributions levied under the repealed plans may be adjusted at the time of payment in

accordance with movements in the quarterly Consumer Price Index or a Producer Price Index

as nominated in the repealed plan.

This Plan is consistent with Council’s current Management Plan and provides a means of

implementing priority facilities and strategies adopted by Council for the provision of public

facilities and amenities in Lismore.

This Plan complements Council’s various development control plans and policies. However,

developers and owners should check other relevant plans and policies for further information

and development standards that may relate to their site.

2.6 Development to which this plan applies

Contributions will be levied on all development within Lismore LGA other than exempt

development and development specifically excluded from the application of this plan.

2.7 Definitions

The definitions relating to this Plan not stated below have the same definition as those

contained in the Council’s LEPs and DCPs. Where a definition is not contained in this Plan, the

LEP or DCP then the following documents, in order of preference, shall be used to determine

the meaning of the word.

1. The Environmental Planning and Assessment Act 1979.

2. The Environmental Planning and Assessment Regulation 2000.

3. Other Acts and Regulations of the NSW Parliament.

4. The latest edition of the Macquarie Dictionary.

In addition in this Plan, the following words and phrases have the following meanings:

“ABS” means the Australian Bureau of Statistics.

“Contribution” means the dedication of land, the making of a monetary contribution or the

provision of a material public benefit, as referred to in Section 94 of the EP&A Act.

“Council” means Lismore Council.

“CPI” means the All Groups Consumer Price Index (Sydney) as published by the Australian

Bureau of Statistics.

“EP&A Act” means the Environmental Planning and Assessment Act 1979 as amended.

EP&A Regulation means the Environmental Planning and Assessment Regulation 2000 as

amended.

“LEP” means a Local Environmental Plan made by the Minister under Section 70 of the EP&A

Act.

“LGA” means Local Government Area.

“Planning agreement” means a planning agreement referred to in Section 94 of the

Environmental Planning and Assessment Act 1979.

“PPI” means Producer Price Indices as published by the Australian Bureau of Statistics.


“Works Schedule” means the schedule of public facilities and services for which development

contributions may be required. It also includes the likely timing of provision of those public

facilities based on projected rates of development.

2.8 How does this plan operate?

Section 94 of the EP&A Act permits Council to levy developers to provide or assist in providing

new public facilities and services required as a result of new development. The mechanism to

require the contribution is through the development assessment process.

In determining a Development Application or issuing a Complying Development Certificate,

Council (or a certifier) may impose a condition of development consent requiring the payment of

a monetary contribution, dedication of land and/or works in kind, in accordance with the

provisions of this Plan.

This Plan identifies the quantum of contribution to be levied for an individual development, and

what public services and facilities the contribution may be directed towards. Such details are to

be included in the respective development approval. The parameters and assumptions used to

identify contributions and the infrastructure works required as a result of development are

dynamic. As a result, this Plan will be reviewed periodically.

Contributions are generally calculated as an amount per person (or for commercial and

industrial development it can be Gross Floor Area (GFA) in square metres) generated by the

proposed development. A standard residential lot is assumed to be the equivalent of a standard

3 bedroom dwelling house with 2.4 persons occupying it. Different size dwelling houses or

types of residential accommodation will be determined by multiplying the per person contribution

rate with the prevailing occupancy rate (0.8 per bedroom) and the number of bedrooms

proposed. Residential development will incur contributions at the subdivision stage. Residential

development subsequent to subdivision will be assessed on its merits with credit given for

previous contributions.

Commercial and industrial development will be assessed on GFA in the first instance or if a

change of use is proposed using an existing structure then on the change in the number of

persons to be employed (equivalent full time). No contributions will be required under this Plan

for commercial and industrial development for subdivision.

Tourist and visitor accommodation (as well as caravan parks and eco tourist facilities) will be

assessed by multiplying the equivalent residential per person contribution rate by the prevailing

occupancy rate (0.8 per bedroom) and the number of bedrooms. Where no bedrooms are

proposed such as a camping ground, then the relevant commercial rate will be applied based

on the number of employees (equivalent full time) on the site.

Other development will be assessed on merit.

Information on the contributions received, and details of how these contributions have been

applied toward the provision of the services and facilities described in this Plan, will be reported

in Council’s annual financial statements. A register of contributions received under this Plan will

also be maintained and made publicly available by Council.

2.9 Adjustment of contributions

To ensure that the values of the contributions are not eroded over time by inflation Council will

amend the contribution rates at the time that an application is determined. The contribution

rates listed will be increased according to the Consumer Price Index (CPI) or a relevant

Producer Price Index (PPI) to allow for increases in the cost of provision of facilities or services.

The cost indices will be applied as follows:


Table 6 Adjustment of contributions – cost indices

Infrastructure category Adopted cost index

Community facilities ABS PPI Building Construction Index for NSW

(no. 30)

Open space embellishments ABS PPI Non-Residential Building Construction Index for NSW (no. 3020)

Stormwater ABS PPI Non-Residential Building Construction Index for NSW (no. 3020)

Roads ABS PPI Road and Bridge Construction

Land for a public purpose CPI (All Groups)

Where a contribution required as a condition of development consent is adjusted at the time of

payment in accordance with the latest CPI (All Groups – Sydney) or PPI as published quarterly

by the Australian Bureau of Statistics, the following formula will be used:

Contribution at time of payment

= C x CPI 2

CPI 1

Where:

C = The original contribution amount as shown on the consent.

CPI 2 = The Consumer Price Index Number (Sydney - All Groups) or Producer Price

Index currently available from the Australian Bureau of Statistics at the time of payment.

CPI 1 = The Consumer Price Index Number (Sydney - All Groups) or Producer Price

Index last published by the Australian Bureau of Statistics at the time of coming into effect of the Plan, or subsequent amendment of the Plan.

This example shows how a council would escalate benchmark costs to the March 2015 quarter

using the CPI or PPI. For simplicity, we assume that the benchmark cost is $1,000, which is in

2012/13 dollars.

The PPI for the June 2013 quarter is 103.1 and for the purposes of this example we assume

that the PPI for the March 2015 quarter is 106.5. The escalated benchmark cost for the March

2015 quarter is:

escalated cost = $1,000 X (106.5/103.1)

=$1,000 X 1.033

=$1,033

2.10 When are development contributions payable?

Council’s policy in relation to the timing of payments of monetary contributions required under

this Plan is as follows.

2.10.1 Development involving subdivision

Payments are required under this Plan prior to the issue of any Subdivision Certificate. No

payment is required for subdivision of land zoned Business or Industrial under the prevailing

Local Environmental Plan.


2.10.2 Other development that requires a construction certificate

In respect to all other developments, including the construction of multiple dwellings on a single

parcel of land, monetary contributions required under this Plan will be payable prior to the issue

of any Construction Certificate for the development, including any excavation.

2.10.3 Development applications involving both subdivision and building

works

Payment is to be made before the release of a Construction Certificate or Subdivision Certificate

whichever occurs first or as required by conditions of consent in the specific circumstances.

2.10.4 Other development not requiring the issuing of a construction

certificate

Payment is to be made prior to the issuing of the first Occupation Certificate or commencement

of the use, whichever occurs first.

2.11 How the contributions may be paid

The EP&A Act provides that development contributions may be met by payment of a monetary

contribution, the dedication of land, the carrying out of works in kind or the provision of a

material public benefit or any combination of these methods. Each of these methods is a form of

payment. Any agreement by Council to accept non-monetary contributions will not alter the total

calculated contribution due and payable and no amendment to the contribution condition to

reduce the calculated amount will be made. The method of satisfying a contribution does not

change the obligation to make the contribution.

2.11.1 Monetary contribution

This is the usual means of satisfying a condition of consent requiring a Section 94 Development

Contribution. Payment must be in the form of cash, debit card (EFTPOS) or bank cheque. Credit

cards are not accepted. Personal and company cheques are not accepted.

2.11.2 Voluntary planning agreements

Council will request the applicant to commence negotiation of a Voluntary Planning Agreement

under Sections 93C to 93L of the EP&A Act where there is a proposal to dedicate land, carry

out works in kind and/or provide a material public benefit. A joint voluntary planning agreement

of the proposal is required to ensure the legality of non-monetary payments of development

contributions.

Contributions through a Planning Agreement may be additional to or instead of paying a

contribution in accordance with a condition of development consent authorised by this Plan.

This will be a matter for negotiation with Council. The offer to enter into the Planning Agreement

together with a copy of the draft Agreement should accompany the relevant Development

Application or rezoning proposal.

Section 93G(1) and (2) of the EP&A Act and Clause 25D(1) of the EP&A Regulations requires a

draft Planning Agreement to be exhibited concurrently with a Development Application or a

Development Control Plan. In order to satisfy these criteria, the applicant must notify Council of

their preference to negotiate any non-monetary payment of development contributions prior to

the lodgement of any Development Application.

If Council agrees to enter into the Planning Agreement, it may impose a condition of

development consent under Section 94 of the EP&A Act requiring the agreement to be adopted.


If Council does not agree to enter into the planning agreement, it may grant consent subject to a

condition authorised by this Plan requiring the payment of a contribution.

2.11.3 Land dedication and voluntary planning agreements

A Voluntary Planning Agreement may make provision for the transfer of land free-of-cost to

Council in full or partial satisfaction of a contribution required as part of a Development Consent.

The land may be for any purpose identified within the works programs of the Plan.

The estimated value of the land will be negotiated as part of the Planning Agreement, taking

into account the unique characteristics of the land and the circumstances of the transfer

including but not limited to:

The extent to which development potential has been lost or retained, wholly or partly.

Whether the land has been identified by any adopted policy of Council including, but not

limited to this Plan. However, in the case of land not targeted in this plan, Council will also

assess the potential impact on the achievement of the identified works programme.

The size, shape, location, accessibility and topography of the land proposed to be

dedicated.

Whether the land adjoins an existing area of open space and can be readily consolidated

into that area and/or the land will create or improve accessibility within the area.

Any factors which may affect the usability of the land such as soil condition, flood liability,

possible site contamination, public accessibility and safety, proximity to existing uses,

current use of the land, cost of embellishment or construction of the proposed facility,

impact on this Plan’s works programs, measures required to fence and maintain the land

in the event that works cannot be carried out for some time, and the like.

The degree to which the identified land can satisfy the purpose for which the contributions

has been sought.

The on-going costs to Council of care, control and management both prior to and after

any improvement works are carried out on the land.

2.11.4 Works in kind, material public benefit and voluntary planning

agreements

Council may accept an offer by the applicant to provide an “in-kind” contribution (i.e. the

applicant completes part of all of a work identified in the Plan) or through provision of another

material public benefit in lieu of the applicant satisfying its obligations under this Plan by way of

payment of a monetary contribution. A material public benefit is defined in the EP&A Act as not

comprising the dedication of land or the payment of monetary contribution.

Council will only accept an “in-kind” contribution provided the works to be undertaken are

consistent with the contribution that would otherwise be required under this Plan and the

standard of the works is to Council’s full satisfaction.

Acceptance of works “in kind” is at the sole discretion of Council. Council may review the

valuation of works and may seek the services of an independent person to verify the costs. In

these cases, all costs will be at the expense of the applicant.

All proposed works must be formally agreed to by Council and documented in a formal Planning

Agreement under the EP&A Act.


2.12 Can deferred or periodic payments be made?

Council’s policy is to allow deferred or periodic payment of monetary Section 94 contributions

subject to consideration of a written application to Council before the payment is due.

In deciding whether to allow deferred or periodic payment of a monetary contribution, Council

will take into consideration the following matters:

The reasons provided by the applicant requesting a deferred or periodic payment.

Whether prejudice will be caused to the community deriving benefit from the services

being provided under this Plan.

Whether allowing the deferred or periodic payment is likely to prevent the public services

and facilities being provided to meet the demands of development in a timely manner.

Whether the applicant has provided the Council with adequate security in relation to the

deferred or periodic payment.

Any other relevant circumstances.

If Council determines to allow the application, arrangements relating to the deferred or periodic

payment will not take effect until the applicant has entered into a written agreement with Council

reflecting the terms of the approval. The decision to agree to such a request will be at the

complete discretion of Council.

If Council decides to accept deferred or periodic payment, it may require the applicant to provide

a bank guarantee for the full amount of the contribution or the outstanding balance on condition

that:

Indexing will be calculated from the date the contribution was due until the date of

payment.

The bank guarantee for the amount of the total contribution, or the amount of the

outstanding contribution, plus an amount equal to the deferred time period, interest plus

any charges associated with establishing or operating the bank security.

The bank unconditionally pays the guaranteed sum to Council if requested by Council in

writing not earlier than 12 months from the provision of the guarantee or completion of the

work.

The bank must pay the guaranteed sum without reference to the applicant or landowner

or other person who provided the guarantee, and without regard to any dispute,

controversy, issue or other matter relating to the development consent or the carrying out

of development.

The bank's obligations are discharged when payment to Council is made in accordance

with this guarantee or when Council notifies the bank in writing that the guarantee is no

longer required.

Where a bank guarantee has been deposited with Council, the guarantee shall not be

cancelled until such time as the original contribution and accrued interest are paid.

Council is also entitled to claim any charges associated with establishing or operating the

bank security. The applicant is to be provided with the details of any such expenses.

2.13 Construction certificates and the obligation of accredited

certifiers

In accordance with Schedule 1 (Part 1 Clause 10) EP&A Act and Clause 146 of the EP&A

Regulation, a certifying authority must not issue a Construction Certificate for building work or


subdivision work under a development consent unless it has verified that each condition

requiring the payment of monetary contributions has been satisfied.

In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that

contributions have been fully paid and copies of such receipts must be included with copies of

the certified plans provided to Council in accordance with clause 142(2) of the EP&A

Regulation.

If an accredited certifier fails to comply with this requirement, Council may impose the

necessary condition on the Complying Development Certificate and it has effect as if it had been

imposed by the accredited certifier.

The only exceptions to the requirement are where a work in kind, material public benefit and/or

dedication of land arrangement has been agreed by Council. In such cases, Council will issue a

letter confirming that an alternative payment method has been agreed with the applicant.

2.14 Section 96 modifications to development consents

Any subsequent Section 96 modification to an issued development consent does not alter the

original date of consent. Any formal application to modify a development consent that will alter

the contributions due and payable will be taken to authorise a change to the development

contributions consent condition(s).

All such modifications are considered to be applied at the date of the original development

consent. As outlined below, the procedure is different depending on whether the original

contribution has, or has not, been paid.

2.14.1 Where the original contribution has not been paid

If the contribution levied on the original consent has not yet been paid, the contributions are

recalculated in their entirety including any credit for any existing development that applied at the

date of the original consent. The revised consent condition will replace the original condition.

2.14.2 Where the original contribution has been paid

If the contribution levied on the original consent has been paid, the procedure is different since it

is not reasonable to apply the CPI or PPI inflation to that part of the contribution which has been

paid. Given that payment generally occurs at the release of the Construction Certificate, it is

also likely that the development will be under construction.

In these circumstances, the development for which contributions have been paid is considered

to be the existing (under construction) development. This approved development will be credited

as the existing development for the purposes of the recalculation. The proposed amendments

are the proposed development.

In this way, only the net additional contribution is charged at the current CPI or PPI adjusted

figure. In this circumstance an additional condition will be inserted alongside the original

condition because the additional contribution does not supersede or obviate the obligation to

pay the original contribution.

No refunds will be provided as all contributions are committed to Council’s works programme

and Council is entitled to certainty in cash-flow.

2.15 Exclusions for certain types of development

Certain types of development are excluded from the requirement to make a contribution towards

provision or improvement of facilities or services. These types of development are listed below.

Council acknowledges that these development types provide a planning benefit that outweighs


the increase in demand for services generated by the new population. This Plan does not apply

to the following development:

For the sole purpose of the adaptive reuse of an item of environmental heritage.

For the purposes of public infrastructure provided by or on behalf of State Government or

the Council.

For the purposes of local infrastructure under this Plan or another contributions plan

prepared under Section 94B of the EP&A Act.

For Council projects that provide non-profit community facilities, such as sportsgrounds,

parks, community centres, emergency services.

For infrastructure provided by Rous Water or equivalent water, sewer or energy provider.

That in the opinion of Council does not increase the demand for the categories of local

infrastructure addressed by this Plan.

For which Section 94 contributions cannot be levied in accordance with a direction by the

Minister under Section 94E of the EP&A Act.

Lismore City Council Housing Strategy – Action Plan requires a review of Council’s S94

Contribution Plan to establish whether or not reductions or delayed contributions can be made

for specific housing types. The aim of this discount or delayed contributions is to encourage an

increase in the provision of desired housing forms. This is particularly relevant where registered

housing providers commit to providing housing. However, this matter will be dealt with in a

separate S94 discount policy, not in this Plan.

2.15.1 State Environmental Planning Policy (housing for seniors or people

with a disability) 2004

The Ministerial Direction of 14 September 2007 exempts contributions for public facilities and

services in relation to social housing providers defined in the State Environmental Planning

Policy (Housing for Seniors or People with a Disability) 2004 .

In accordance with this SEPP, a ‘social housing p rovid er ’ means any of the following:

New South Wales Land and Housing Corporation.

Housing NSW.

Community housing organisation registered with the Office of Community Housing of the

Housing NSW.

Aboriginal Housing Office.

Registered Aboriginal housing organisation within the meaning of the Aboriginal Housing

Act 1998.

New South Wales Department of Ageing, Disability and Home Care.

Local government authority that provides affordable housing.

Not-for-profit organisation that is a direct provider of rental housing to tenants.

It is also noted that granny flats/secondary dwellings and residential self-care units/self-

contained dwellings developed under this policy are exempt from a direct contribution under this

Plan.

However, private/ commercial developments, including those which provide exclusively for aged

and disabled persons, may be subject to development contributions without being inconsistent

with this Direction.


2.15.2 Temporary uses

Where a use is of an interim or temporary nature (less than 12 months) and subject to a time-

limited consent which will expire, then contributions will be calculated but will be suspended –

meaning no payment is due at activation of the consent. If a subsequent development

application is lodged to continue the use, contributions will be due and payable notwithstanding

the short term existence of the use.

2.15.3 Other public benefit exclusions from the contributions plan

It is not always possible to identify in advance all developments which may make a meritorious

case for an exemption from the obligation to pay some or all of the applicable contributions.

Therefore to ensure public accountability, transparency and equity between all developers

Council will prepare a separate Policy that identifies what types of development may be eligible

for a discount or variation to the contribution that would otherwise be payable under this plan.

Full details of any case for exclusion must be included as part of the Development Application to

enable Council to make a merit-based assessment of the unique circumstances of the specific

case in question concurrent with the consideration of the Development Application as a whole.

If Council does not grant a full exclusion to the payment then Council may allow a reduction in

the rate of demand for a particular development or Council may allow for the exclusion of

individual line items in the works schedule to enable a contribution to be calculated.

2.16 Supporting documentation

In supporting documentation for any Development Application, the applicant must confirm the

proposed cost of development. The proposed cost of the development is to be determined by

Council for the purpose of this plan, by adding up all the costs and expenses that have been or

are to be incurred by the applicant in carrying out the development, including the following:

If the development involves the erection of a building, or the carrying out of engineering

or construction work - the costs of or incidental to erecting the building, or carrying out the

work, including the costs (if any) of and incidental to demolition, excavation and site

preparation, decontamination or remediation.

If the development involves a change of use of land - the costs of or incidental to doing

anything necessary to enable the use of the land to be changed.

If the development involves the subdivision of land - the costs of or incidental to

preparing, executing and registering the plan of subdivision and any related covenants,

easements or other rights.

The following costs and expenses are not to be included in any estimate or determination of the

proposed cost of carrying out development:

Cost of the land on which the development is to be carried out.

Costs of any repairs to any building or works on the land that are to be retained in

connection with the development.

Costs associated with marketing or financing the development (including interest on any

loans).

Costs associated with legal work carried out or to be carried out in connection with the

development.

Project management costs associated with the development.

Cost of building insurance in respect of the development.


Costs of fittings and furnishings, including any refitting or refurbishing, associated with the

development (except where the development involves an enlargement, expansion or

intensification of a current use of land).

Costs of commercial stock inventory.

Any taxes, levies or charges (other than GST) paid or payable in connection with the

development by or under any law.

Costs of enabling access by disabled persons in respect of the development.

Costs of energy and water efficiency measures associated with the development.

2.17 Accountability

Council is required to comply with a range of financial accountability and public access to

information requirements in relation to Section 94 contributions. These are addressed in

Divisions 5 and 6 of Part 4 of the EP&A Regulation and include:

Maintenance of, and public access to, a contributions register.

Maintenance of, and public access to, accounting records for contributions receipts and

expenditure.

Annual financial reporting of contributions.

Public access to contributions plans and supporting documents.

Separate accounting records are maintained for all development contributions received by

Council. A contributions register is maintained by Council in accordance with the EP&A

Regulation. On provision of reasonable notice, the register may also be inspected on request.

2.18 Pooling of contributions

Council’s ability to forward fund public facilities and services identified in this Plan is very limited.

Consequently their provision is largely contingent on the availability of contribution funds.

Therefore, in accordance with Clause 27(1)(h) of the EP&A Regulation, this Plan provides for

monetary contributions paid for different elements to be pooled and applied (progressively or

otherwise) for those elements.

Monetary contributions collected under previous issues of this Plan, or under equivalent

contribution plans to be extinguished or repealed on adoption of this Plan, are authorised to be

pooled and used for elements purposes outlined. These uses must be consistent with the

purpose for which the contributions were originally collected, and the intended original purpose

has been completed, abandoned or provided for by other means and/or the contributions are

surplus.

2.19 Review of plan and contribution rates

Council acknowledges the need to periodically monitor and review this Plan. For this reason, the

contributions will be subject to a number of reviews to take account of such matters as

community needs, costs of public facilities and services and extent of development, affordability

of contributions and progress in providing scheduled works.

In the event of Council identifying changes as a result of the review process, amendments to

this Plan, (apart from minor changes or the periodic adjustment of contributions that is provided

for in this Plan, based on published indices), will be publicly exhibited in accordance with the

requirements of the EP&A Regulation.


Pursuant to clause 32(3) of the EPA Regulation, Council may make certain minor adjustments

or amendments to the Plan without prior public exhibition and adoption by Council. Minor

adjustments could include minor typographical corrections and amendments to rates resulting

from changes in the indexes adopted by this Plan.

2.20 Savings and transitional arrangements

A Development Application which has been submitted prior to this Plan becoming effective but

not yet determined will be determined in accordance with the provisions of the Contributions

Plan which applied at the date of determination of the application.

This criterion applies notwithstanding the date of lodgement of the Development Application.

2.21 Goods and services tax

At the time this Plan was made, the position of the Australian Taxation Office (ATO) was that

the payment of development contributions made under the EP&A Act is exempt from the Goods

and Services Tax (GST) under class ruling 2013/13.

Items in the works schedule of this Plan have been calculated without any GST component.


3. Context and catchments

Lismore LGA is located in the Far North Coast of New South Wales and covers an area of

1287.8 square kilometres. It is surrounded by Byron Shire, Tweed Shire, Kyogle Shire,

Richmond Valley Shire and Ballina Shire LGA’s.

The City of Lismore is the largest centre in the LGA and was recognised in the Far North Coast

Regional Strategy as a major regional centre with the majority of the growth occurring around

this centre. The city centre provides the focal point for retail, commercial and cultural activity in

Lismore.

Goonellabah is located 5.5 kilometres east of the Lismore CBD on a ridgeline. Ballina

Road/Bruxner Highway is the major road between Lismore and Ballina, bisecting Goonellabah.

Goonellabah developed as alternative housing area outside of the flood area of the CBD and

low-lying areas of north and south Lismore.

The LGA comprises the urban area of Lismore/Goonellabah and a number of small rural

villages. The zoned rural villages include Dunoon, Nimbin, The Channon, Wyrallah, Caniaba,

Bexhill, Clunes, Goolmangar, and North Woodburn.

This Contribution Plan contains three different ‘planning catchments’ and the maps for the

catchments can be found at Figure 2 and Figure 3. The contribution catchments include:

Lismore Urban

Lismore Rural North

Lismore Rural South

For the purpose of this Plan certain contributions are levied on certain development within a

particular planning catchment or for the whole of LGA. Development will be subject to

contributions for some or all of the public facilities and public amenities described in this plan,

depending on the nexus between the development and the facilities.


Figure 2 Rural North and South Catchments


Figure 3 Urban Catchment


4. Population and housing

This chapter contains projections of future growth and population change and development in

the areas covered by this Contributions Plan. This chapter defines the growth which is expected

to occur during the life of this Contributions Plan. This Plan does not cover the urban release

area known as North Lismore Plateau which was only zoned for residential development in early

2014. It has its own Contributions Plan. Unless otherwise stated the population and dwelling

numbers in this Plan do not include the projected population for North Lismore Plateau.

4.1 Lismore demographic snapshot

Population trends and changes in Lismore share the characteristics of many other regional

areas outside of the major cities in Australia. These characteristics include an ageing

population, lifestyle driven growth coupled with decline in the proportion and number of young

adults, changing household structures which mirror changes in the broader Australian

population, and growth beyond the fringes of the cities.

Total Area (km2) 1287.8

Population in 2011 44,348

Median Age (2011) 40

Dwellings in 2011 17,850

Occupancy Rate persons per dwelling (2011) 2.4

Median individual income $/weekly (2011) 469

Median rent ($/weekly) (2011) 224

Source: ABS Census 2011, First Release Data

4.2 Historical population

4.2.1 Lismore LGA

Historical population shows a slow increase over time. While the population did decline during

the 1996 and 2001 census period, over the last 35 years it has increased by 40.2% which is

1.1% per annum.

Table 7 Population Size and Population Change in Lismore LGA – 1976 to

2011 (ERP)

Year Population Average % Change p.a

1976 30,600

1981 34,028 2.2%

1986 37,053 1.8%

1991 41,393 2.3%

1996 42,954 0.8%

2001 42,721 -0.1%

2006 43,338 0.3%

2011 44,348 0.5%

Source: Lismore Urban Growth Strategy - ABS Census 2006 and 2011 Time Series Profile, Census Counts for Small Areas 1991 Cat No 2730.1 and Census of Population and Housing In Local Government Areas 1981 Cat No 2401.0


4.3 Household size

The household size (sometimes called occupancy rate) has declined in Lismore since 1996.

This is line with state and national trends. The Australian Bureau of Statistics has projected this

decline is projected to continue gradually. Much of this decline can be attributed to reductions in

family size and the increase in numbers of one and two-person households.

Table 8 Household Size 1996 – 2011

Year Household Size

1996 2.7

2001 2.5

2006 2.5

2011 2.44

Source: ABS Census 2006 and 2011 Time Series Profile. (ABS, Census time series Profile and Expanded Profile, 2006

and 2011)

Information released by the NSW Department of Planning and Environment in June 2014

confirmed that estimated household size for Lismore LGA in 2011 was 2.43 and this would

decline to 2.36 by 2021. It also noted that in family dwellings (the dominant form in new release

areas) the Department estimated the household size was 3 in 2011 declining to 2.91 by 2021.

This confirms that a reasonable assumption for household size over the life of this plan is 2.44

persons.

4.3.1 Occupancy rates relative to dwelling size

While the overall occupancy rate for the future population will be 2.44 persons per household, it

is important to understand how household size relates to the number of bedrooms in a dwelling

so that rates in the Contribution Plan can be applied equitably. Table 9 demonstrates the

occupancy rate relative to the number of bedrooms in a dwelling for the Lismore LGA.

Table 9 Occupancy Rate Relative to Number of Bed Rooms, 2011

Number of Bedrooms 1 2 3 4 +

Detached Housing 1.49 1.92 2.44 3.15

Semi-detached, row or terrace house, townhouse etc. 1.16 1.53 2.01 2.75

Source: ABS Expanded Community Profile, 2011


4.4 Lismore LGA - age structure

Figure 4 Age Structure, Lismore LGA, 2011

Source: ABS Census 2011 BCP

The median age in 2001 in Lismore was 35, in 2006, 38 years and in 2011 the median age rose

to 40 years old. Over the last four census periods, the trend of an aging population in Lismore

has been evident. Figure 4 above validates that there is a significant proportion of persons aged

over 45 years old in Lismore LGA.

The above graph also demonstrates the low proportion of 20 to 40 year old persons living in the

LGA. In NSW in 2011, 6.5% of the population was aged between 20 and 24, however in

Lismore only 6.1% of the population was aged between 20 and 24 years old. A trend in which

the growth of more elderly residents exceeds the growth of its younger residents is consistent

with regional towns throughout NSW and Australia.

4.5 Population mobility

Migration with Australia plays a major role in determining population growth. Unlike births and

deaths, which are relatively stable components of population change, levels of migration are

volatile and can vary widely between places and over time. As such, an understanding of

internal migration trends, their drivers, and their impacts, assists in an understanding of

population change in Lismore.

While demonstrated above that young adults within Lismore are the most mobile group, Lismore

generally does not have a highly mobility population, with over 79% in the same address for one

year in 2006 and in 2011 this grew to 81%. Compare this to a highly mobile area such as inner

Sydney where only 32% of the population in 2006 had the same address one year ago.

Lismore also has a significant amount of its population that moves around the same LGA which

contributes to the retention of its existing population. This is related to familiarity with an area.

0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000

0-4 years

5-9 years

10-14 years

15-19 years

20-24 years

25-29 years

30-34 years

35-39 years

40-44 years

45-49 years

50-54 years

55-59 years

60-64 years

65-69 years

70-74 years

75-79 years

80-84 years

85+

Number of Persons

Age


Table 10 Population Mobility, 2011

2006 Census Per cent of the Total Population (%)

Same usual address 1 year ago as in 2006 81.3

Different usual address 1 year ago but same LGA 4.3%

Different usual address 1 year ago but different

LGA:

- In NSW

- In Qld

9.7%

7.9%

1.2%

Same usual address 5 year ago as in 2006 57.1%

Different usual address 5 year ago but same LGA 9.4%

Different usual address 5 year ago but different

LGA

- In NSW

- In Qld

38%

21.4%

3.3%

Source: ABS Census 2006

4.6 Other population characteristics

Further key population characteristics of Lismore include the following:

In 2011, 86% of the population was born in Australia.

In 2011, 4% of the population was indigenous.

The Italian language was the second most common language spoken at home following

English in 2011.

In 2011, 11.3% of households in Lismore were lone person households.

In 2011, 10.3% of dwellings had 3 or more motor vehicles.

In 2011, 24% of dwellings had no internet connection.

The median personal income increase from $285 per week in 2001 to $464 per week in

2011.

4.7 Lismore urban population

Lismore urban population in this Plan is based on the ABS catchment of Lismore – Part A which

has an area of 166 sq km’s (refer to Figure 2 and 3 for catchment boundaries). The boundaries

available from the ABS rarely match actual 'communities', 'suburbs' or 'service catchments'

needed for effective decision making and in this case Part A which is taken to represent the

urban area of Lismore includes some rural residential and rural areas that are not within an

urban zone. Similarly, Part B which largely represents the rural part of the LGA includes some

areas that are within an urban zone and excludes some rural areas. The TTM Strategic Road

Review (2012) broke Part A and Part B into census collection districts and then selected those

districts that were predominantly urban to achieve a more accurate representation of the

Lismore urban area. This creates a slight discrepancy between the population numbers in this


Plan and the TTM document but it is not significant in terms of its impact on contributions. The

TTM version of the rural /urban split in Lismore is more accurate than the ABS version (Part A

and Part B), but TTM did not have access to 2011 census data.

In 2011 there were 30,744 people living in the Lismore urban area which is approximately 70%

of the population of Lismore LGA. The occupancy rate in Lismore Urban was the same as the

LGA at 2.4 persons per household.

Table 11 Population Size and Population Change in Lismore Urban


2011 30,744 0.10%

2006 30,588 0.33%

2001 30,083

However, the median age was slightly younger at 39 years old. The age structure of Lismore

urban is similar to that of the LGA with 29% of persons aged over 55 years old.

The urban residents of Lismore are slightly more mobile with only 79% having the same

address 1 year ago (compared to Lismore LGA at 81.3%) and 53.7% of the population having

the same address 5 years ago (compared to 57.1%)

4.8 Lismore rural population

Lismore urban population is based on ABS catchment of Lismore – Part B which has an area of

1121.8 sq km’s (refer to Figure 2 for catchment boundaries).

In 2011 there were 12,295 people living in the rural area which is approximately 30% of the

population of Lismore LGA. The occupancy rate in Lismore rural was slightly higher than the

LGA at 2.5 persons per household.

Table 12 Population Size and Population Change in Lismore Rural


2011 12,295 0.44%

2006 12,024 0.37%

2001 11,800

However, the median age was significantly higher than the LGA at 43 years old. The age

structure of Lismore rural is similar to that of the LGA with 29% of persons aged over 55 years

old. However, there is significantly less person aged between 20 to 39 years old than the urban

and LGA as a whole.

The residents of the rural area of Lismore are slightly less mobile than the LGA as a whole, with

over 85% having the same address 1 year ago (compared to Lismore LGA at 81.3%) and

65.5% of the population having the same address 5 years ago (compared to 57.1%).

4.8.1 Rural North and South

Lismore Strategic Road Review (TTM Group, October, 2012) estimated the population in the

rural south and north based on the collector districts from the 2006 census. The population of

rural north was 11,002 persons which is 26% of the population of Lismore LGA. Within rural

south the population was 3,634 persons which are 9% of the population of Lismore LGA. The

remainder of the population lives in the urban area of Lismore being 65% of the total population.

The TTM Strategic Road Review (2012) broke Part A and Part B into census collection districts

and then selected those districts that were predominantly urban to achieve a more accurate

representation of the Lismore urban area and the surrounding rural areas. However, the

discrepancy is not significant and does not impact significantly on contributions.


4.9 Historical housing growth

Detached houses remain the most popular type of house in Lismore with the number of

separate houses increasing by 645 over the last 10 years. The number of semi-detached

occupied houses has also increased over time.

At the 2011 census there were 17,850 private dwellings of which 8.4% are unoccupied. In 2006

there was a vacancy rate of 10% demonstrating that occupancy is increasing.

Table 13 Dwelling Characteristics in Lismore 2001 to 2011 (Occupied)

Dwelling types 2001 2006 2011 % of Occupied Dwelling

Change 2001 to 2011 (No.)

% Change - 2001 to 2011

No. No. No. 2011 No. %

Detached house 13,230 13,445 13,875 85% 645 3.9%

Semi-detached, row or terrace house, townhouse

863 642 907 6% 44 0.3%

Flat, unit or apartment

1,293 1,414

1,293

7% -73 -0.4%

Other dwellings /Not stated

385 398 329 2% -56 -0.3%

Total 15,843 15,899 16,343

Source: ABS Census 2006 and 2011 Time Series Profile

4.9.1 Total occupied dwellings

Table 14 demonstrates that Lismore had an increase in its total dwellings over time. The

average increase in dwellings per year in Lismore was 224 dwellings from 1976 to 2011.

The average annual increase in dwellings over this period was 2.6%.

Table 14 Total Occupied Dwellings from 1976 to 2011

Year Total Private Dwellings (occupied and unoccupied)

Average Annual Increase (%) (per census period)

Increase in Number of Dwellings Per Year (average census period)

1976 8,494

1981 10,299 4.3% 361

1986 12,105 3.5% 361

1991 13,885 2.9% 356

1996 15,070 1.7% 237

2001 15,843 1.0% 155

2006 15,899 0.1% 11

2011 16,343 0.6% 89

Source: ABS Census 1976 and 2011 Time Series Profile

4.10 Dwelling types and bedroom numbers

Table 15 illustrates the different types of dwellings that have different numbers of bedrooms

(occupied private dwellings).


Table 15 Dwelling Type and Number of Bedrooms

Number of bed rooms in the dwelling

% of Detached Houses

% of Semi-detached, row or terrace house, townhouse

One bedroom or less 3% 10%

Two bedrooms 14% 55%

Three bedrooms 50% 32%

Four or more bedrooms 33% 3.5%

Source: ABS Expanded Community Profile, 2011

4.11 Population projections

Population and employment projections are a critical aspect of a development contributions

plan. These projections provide a clear link (or nexus) between growth and the demand for

various services and facilities that the council will provide.

However projections are an estimate of the growth that could occur. Many intervening factors

will influence the incoming population. These include economic conditions and the zoning

controls in the area. Projections are therefore an anticipated measure of demand that needs to

be assessed against various sources. Projections also must be reviewed regularly during the life

of the plan.

Lismore has historically produced a significant and consistent amount of housing, as shown in

Section 4.9 particularly in neighbourhoods well served by services. The average increase in

dwellings per year in Lismore was 224 dwelling from 1976 to 2011. Household size has

generally been declining since the 1970s. In 2011 the household size was 2.44 persons per

household. In new release areas the household size is typically at least the average and

sometimes exceeds the average because they attract families with children.

Population projections provide an indication of the future demand for public facilities. Council

has reviewed its projections for the future population of the LGA. In this plan, these projections

are used as a basis for determining the appropriate contribution which should be levied on new

development which generates increased population.

Demand is driven by internal population change and growth and/or moderate positive inward

migration. The demand is also driven by inward migration. Growth relies on intensification of

existing land supply within designated urban boundaries and/or expansion of residential areas

and is based on historical dwelling development trends.

An analysis of population projections has been undertaken for Lismore City Council for the

purposes of this Plan (Table 16).

Beginning with the 1976 to 2011 census dwelling stock, estimates of dwellings and population

to the year 2036 were made for residential development based on the current trends in the

development industry. It is reasonable to assume that Lismore’s population will steadily

increase over time given its attractive lifestyle options, its close proximity to resources and other

regional centres and the Council’s commitment to affordable housing into the future. The

average increases in dwellings number are likely to peak over the next ten years and then

slowly decrease. The total population number was calculated by multiplying the estimate of

occupied private dwellings and the household size.

This population estimate does not include the projected population for the North Lismore

Plateau urban release area. The North Lismore Plateau is likely to house up to 3,625 people

over the life of the development with a significant portion of that likely to occur in the first ten

years of the development depending on lot release and market take up.


Table 16 Population Projections, 2011-2036

Year Occupied Private Dwelling

Annual average dwelling increase

Occupancy Rate Total Population

Annual average population increase

1976 8494 30,600

1981 10,299 4.3% 34,028 2.2%

1986 12,105 3.5% 37,053 1.8%

1991 13,885 2.9% 41,393 2.3%

1996 15,070 1.7% 42,954 0.8%

2001 15,843 1.0% 42,721 -0.1%

2006 16,470 0.8% 43,338 0.3%

2011 16343 -0.2% 44,348 0.5%

2016 17,732 1.7% 2.44 43,266 -0.5%

2021 18,707 1.1% 2.44 45,646 1.1%

2026 19,549 0.9% 2.44 47,700 0.9%

2031 20,233 0.7% 2.44 49,370 0.7%

2036 20,638 0.4% 2.44 50,357 0.4%

4.11.1 Population growth adopted for this plan

For Lismore LGA (not including North Lismore Plateau) over a 25 year period there will be an

additional 6009 persons which is 240 persons per year. Over the life of this 10 year plan this

equates to an additional 2404 persons.

Section 4.8.1 determined the proportion of people who live in rural south, rural north and the

urban areas of Lismore LGA based on (2006) census data. Taking this proportion the additional

population of in the urban area is projected to be 1575 persons, rural north is 623 persons

and rural south is 206 persons over the next ten years.

Information released by the NSW Department of Planning and Environment in June 2014

estimated that the population of the whole LGA would rise by 3200 over the ten year period

from 2011 to 2021. Although this is more than the population projections in this Plan it is

broadly consistent with the estimates in this Plan. The Department’s estimates include the

population projected for the North Lismore Plateau.

4.12 Non-residential development

Additional demand for public amenities and services may not only be generated by residential

population increases. This chapter on non-residential development has been prepared to

provide an understanding of the characteristics of the commercial and industrial areas of

Lismore, and the workers that are accommodated here, and to identify trends. The profile

assists in projecting commercial and industrial development and worker population growth and

determining what facilities will be required to meet the needs of the worker and tourist

population resulting from future development.

Data for this chapter has been drawn from the Lismore Strategic Road Review (TTM Group,

October, 2012), and from the Commercial and Industrial Land Needs Analysis (Hill PDA, April

2013).


4.12.1 Employment areas

Lismore contains a number of established and emerging employment areas. Lismore is a

Regional Centre and provides services which reflect this role, being a major centre for

retail, employment, administration and service functions which serve a catchment

population that extends well beyond the LGA boundary (HillPDA, 2013). These include

commercial centres and industrial areas and comprise (HillPDA, 2013):

North Lismore: which contains both retail (8.5 ha) and industrial (31.4 ha) land uses.(Note

that this is not North Lismore Plateau which has no proposed industrial land and minimal

retail zoned land).

South Lismore: has the largest industrial area in Lismore at 130.6 ha as well a substantial

commercial and retail area (64.6 ha).

Goonellabah: includes the Goonellabah Village shopping centre which includes two

supermarkets and speciality stores. (18.5 ha) and two small industrial areas (22.7 ha).

East Lismore: retail uses located adjacent to Wyrallah Road, including the Wyrallah Road

neighbourhood shopping centre and is located immediately west of St Vincent’s Private

Hospital (63.8 ha) and industrial area (14.1 ha).

Monaltrie: an industrial area containing Lismore Works Depot and Richmond Waste

Services (20.1 ha).

Tuncester: an isolated industrial site containing a hardwood timber processing facility and

warehousing (20.3 ha).

Lismore Central: Lismore’s CBD with both commercial and retail at a total area of 88.7 ha

and an industrial area of 8.9ha.

In 2011 the population in the labour force was estimated at 20,153 persons. The largest

industries in terms of employment numbers were (HillPDA, 2013):

Health care and social assistance (3,244 working residents in the Lismore LGA or 18% of

the total workforce).

Retail trade (2,547 working residents or 14% of the total workforce).

Education and training (2,048 working residents or 11% of the total workforce).

Manufacturing (1,299 working residents or 7% of the total workforce).

Accommodation and food services (1, 279 working residents or 7% of the total

workforce).

There are many employment areas which contain substantial capacity for employment growth.

The figures below have been developed mainly from the Lismore Strategic Road Review (TTM

Group, October, 2012). The TTM report provided for growth over a 20 year period and as this

Plan looks at a 10 year period the figures have adjusted accordingly. Given the population

increase shown previously, it is expected that about 75% of the TTM projected additional GFA

will be achieved during the life of this plan, due to the strong commercial and industrial property

market and competition for employment.

The TTM report did not take into consideration possible employment growth outside the urban

areas (within villages, etc). Given previous growth and recent growth within rural areas and LGA

villages an additional 5,000 m 2 GFA will be expected over the next 10 years for commercial and

additional 5000 m2 GFA for industrial development within the villages and rural areas.


Table 17 Projected Employment Growth

Employment Land Additional Gross Floor Area (m

2)

Employee per Gross Floor Area*

Projected Employees

Commercial / Retail 43,250 1 per 46 m2 940

Industrial 124,238 1 per 88 m2 1,412

Total 167,488 2,352

*Employees Gross Floor Area adopted from averages used in Hill PDA, 2013

The driving forces behind future growth in commercial and industrial floor space are the

economic functions of Lismore and economic activity as a whole throughout the region. It is

anticipated that over the next 10 years, the following influences will generate demand for

additional commercial and industrial floor space in Lismore:

Continued increases in population within the Lismore LGA and adjoining LGA’s will

increase the resident workforce and stimulate the demand for increased local

employment.

Increasing local population will increase the demand for goods and services, resulting in

new and expanded local businesses.

The availability of suitable land within the Lismore for employment-generating

development.

High accessibility to the region with excellent transport links makes Lismore a desirable

business location.

The high tourist/visitor numbers will stimulate demand for more retail development.

Close proximity of the area to Brisbane and the Gold Coast.

4.12.2 Increase in demand for facilities

Future retail and commercial additions, alterations and major redevelopments will all increase

the number of workers within Lismore. This is likely to place further pressure on public services,

facilities and infrastructure such as public domain improvements, community centres, public

amenities, stormwater infrastructure and traffic facilities. Commercial development that results in

increases in the worker population, should therefore contribute to the provision of these

community facilities, public amenities and services.

New industrial development either in greenfield areas or as infill or redevelopment will also

increase the number of workers within Lismore. This in turn will apply pressure for additional

services and facilities particularly in relation to traffic and transport and stormwater

infrastructure.

Given the size of the workforce in Lismore and its particular characteristics, access to a range of

local services is important.

The future commercial and retail workforce population will require:

Community services and facilities

Public domain improvements and amenities

Traffic and transport infrastructure

Stormwater infrastructure

The future industrial workforce population will require:


Traffic and transport infrastructure

Stormwater infrastructure


5. Community services and facilities

This section identifies the existing provision of community services and facilities and their

distribution throughout Lismore. It also identifies the likely future demand for community

services and facilities based on projected growth.

A place for the community to meet is considered a basic prerequisite for community

development, while a sense of identity in a locality is built through shared activities. A local

community facility such as a community centre provides a home for community groups,

encourages the formation of new groups and provides a place for both to meet and integrate.

Locality based groups are some of the building blocks of community cohesion and often the

focus of effective neighbourhoods.

Council currently provides a high level of community service provision. This element of the Plan

has been developed to ensure that the current level of service provision is maintained for all

residents whether they are new or existing.

Community centres’ provide flexible space that can cater for the needs of a diverse population

of various age groups, community groups and ethnic, cultural, linguistic, educational and socio-

economic backgrounds. Activities and programs can be adapted to accommodate the changing

needs and characteristics of the population. In recognition of these benefits, Lismore Council

seeks to provide community services for the residents and workers of the Lismore.

The Lismore Cultural Plan (2005), Goonellabah Community Plan and Imagine Lismore (2013)

all identify opportunities and community facilities, which Council intends to provide for its

residents in the future. These studies provide a good basis for the assessment of existing

facilities having been based on resident, worker and visitor surveys and consultations with key

service providers and community groups. New residents will only be levied an amount for these

types of facilities commensurate with the demand generated by new residents and the

established standard of provision for the facility type. Benchmarks have been derived for

existing levels of provision. The relationship between the additional population and the need for

increased provision of community facilities is also examined.

Community facilities and services provide spaces and areas that can cater for the needs of a

diverse population of various age groups, community groups and ethnic, cultural, linguistic,

educational and socio-economic backgrounds. Activities and programs can be adapted to

accommodate the changing needs and characteristics of the population. In recognition of these

benefits, Lismore Council seeks to provide community centres for the residents and workers of

Lismore. Activities accommodated and needed in community facilities and services for the

Lismore include:

Social activities for all age groups.

Adult education.

Playgroups and pre-schools.

Toy libraries.

Youth activities.

Child care centres.

Art and craft activities.

Community markets.


Support services for older residents.

Support services for those with a disability.

Catering and function rooms for events.

5.1 Nexus and future demand

The demand for community facilities within Lismore will be influenced by a number of factors

including the anticipated demographic composition of the new population, the availability and

type of facilities currently available, and whether there is any spare capacity within existing

infrastructure.

The profile will be similar to the mixed profile described in Chapter 4 with a large number of

young family’s as well as the aged. As a consequence, it will be necessary to augment existing

facilities to maintain the same level of service to the incoming population.

The factors, which will affect the demand for community services and facilities, are based on the

profile of the incoming population. These include the following characteristics:

Population growth: Population growth within the resulting from increased development

activity. This increased growth will place further demands on existing facilities and is likely

to require the enhancement of these facilities and services.

Services for children: significant proportion of children aged 0-12 years and a high rate of

women in the workforce, there will be additional demand for children’s services.

Residents moving into the area will require access to services such as long day care, pre-

school, occasional care and outside school hours care. There will be a need, therefore,

for community facility space in which to provide a range of children’s services.

Services for young people: youth entertainment and transport as two major issues for

young people moving into the area. Community facility space for youth related activities

will be required, therefore, to provide a variety of recreation/entertainment options for

young people, in a location that is accessible by bus, bicycle, and wheelchair and on foot.

Ageing Population: Lismore will attract a significant number of older people. The

provision of some multi-unit housing may increase the number of aged residents as very

often they are seeking smaller homes with reduced maintenance. There will be continued

demand for community centres (offices and meeting space).

Low Incomes: Low-income households are more likely to be living in financial stress, and

require services to assist them.

Some types of community services are age specific (such as child care, youth centres or senior

citizens centres) while others are generic and used by people of all ages (such as exhibition

space, art galleries, outdoor gathering areas and public toilets). Council’s works schedule seeks

to provide community facilities and services that are able to provide for the demands of the

whole population. It draws substantially on the Imagine Lismore (Ten Year Plan) which itself

resulted from wide and thorough community consultation.

Therefore, based on a review of Council’s strategic community facilities and services priorities

and its desire/ability to deliver local services, it is considered that the needs of the incoming

population will be best met by provision by the provision of facility floor space, meeting places

and equipment in highly accessible locations. The works program therefore provides for a new

art gallery and plaza in the CBD that is likely to be used by all residents as well as commercial

and retail workers at lunch and before and after work.

Money collected in the past for the various village catchments in the previous Section 94 Plan

will be pooled and used for village related projects as set out in the works program of this Plan.


No further money will be collected for these projects at this stage. However, if villages continue

to grow with subsequent demand for infrastructure this will be reviewed.

It is expected that the embellishment will satisfy the anticipated demands of the expected

population increase. It is proposed that the community services and facilities will be capable of

providing services for and catering to the needs of all ages, socio economic groups and diverse

cultural groups. The augmentation of the existing facilities will achieve the following objectives

and benefits:

Achieve more appropriate servicing.

Provide increased flexibility to address changing community needs over time.

Provide more innovative, economical and effective models of provision.

Meet a range of community needs – increasing levels of community access and service.

Provide facilities within a reasonable time.

Achieve increased economies of scale in both terms of ongoing operating costs.

Establish a focal point for community services delivery and the potential to co-locate

community services and amenities which may provide benefits in community

development terms as well as potential cost benefits through the sharing of resources

between community groups.

The location of Community Facilities works is shown in Appendix B of this Plan.

5.2 Reasonableness

The core principle of development contributions is that they must be reasonable. A contribution

for community services is considered to be reasonable as it levies for the needs of new

residents and workers and ensures the equitable provision of community services.

5.3 Apportionment

The need to provide the community services and facilities identified in this part of the plan is

generated by the development of Lismore. Community services and facilities works will be

undertaken in response to the demand for those facilities likely to be generated by the new

residents. Community services and facilities works are considered essential in order to allow the

proposed development to occur and will primarily benefit that development. Both carry over

projects from the 2004 S94 Plan and new projects will be apportioned consistent with the

proportion attributable to the demand of new development. In the case of residential

development this is 5.4%. In the case of residential in combination with commercial and retail

development it is 7.5%.

5.4 Catchments and development

It is anticipated all catchments (both urban and rural) will utilise community services and

facilities, the whole LGA is therefore contributing towards the development of community

services and facilities.

Community services will be used by new residential development as well as commercial and

retail workers before and after work and at lunch times. Therefore both these types of future

development will be levied for community services. The ratio of new residents (2404 or 72%) to

new workers (940 or 28%) is the basis of the contribution split between these two development

types.


5.5 Works program

Table 18 Community Services and Facilities Works Program - Villages

Works Costs Existing Funds Pooled

Final Works Cost

Timing

Embellishments for the Nimbin community centre; Dunoon community hall; Bexhill hall; Caniaba hall; and Wyrallah hall

$148,200 $148,200 $0* Short to Medium Term

* zero cost after deductions existing funds means no further contributions are required to

complete the embellishments.

Table 19 Community Services and Facilities Works Program – CBD


Apportio-nment

Final Works Cost

Timing

CBD plaza/art gallery/quad project

$3,073,500 $14,600 7.5%^ $230,512 Short to Medium Term

Total Cost $3,073,500 $14,600 $215,912*

^apportionment represents the combination of new residents and new workers

* Sum of final works cost less the pooled funds

5.6 Formula and contribution rates

Contributions will be collected from residential and commercial development towards the

community facilities identified under this Plan.

Formula Contribution

Residential Development Residential Development

Contribution Per Person = TC x AF

RP

Contribution Per Person = $215,912 x 0.72

2404

= $65 per person

Commercial Development Commercial Development


CP


940

= $64 per employee or $1.40 / m

2 (at 1 employees per 46 m

2 of GFA)

Where:

TC = Total cost to increase the community services and facilities generated by new residential and commercial development

RP = Increase in residential population over ten years

CP = Increase in Lismore commercial worker population over ten years.

AF = Assumed Rate of Residential / Commercial Usage


6. Public domain facilities

The public domain connects open spaces with private spaces, and also provides a place for

walking, eating, meeting people, and spending time outside. For the purposes of this Plan the

public domain areas in Lismore relate to the public spaces in the civic areas of Lismore.

The growth expected will create demand for various civic and urban improvements and requires

a coordinated approach. This approach is set out in various master plans, planning documents

and supporting studies that have been prepared. These master plans and planning documents

have been prepared to guide future development and to assist in identifying civic and urban

improvement works to be funded through section 94 contributions.

Civic and urban improvements cover a range of facilities that are provided within urban areas to

support the population. This includes:

Walkways and footpaths

Landscaping and urban design improvements

Street furniture (including seating / rubbish bins / bike racks / notice boards / signage)

Fencing and public safety facilities

Street lighting

The development of Lismore has resulted in the evolution of the following commercial areas:

Lismore CBD located around Dawson, Magellan, Brewster and Conway Streets.

Goonellabah shopping centre

Ballina Street commercial district

Union Street South Lismore

Wyrallah Road

Rous Road

The existing centres within Lismore continue to serve an important role in the community,

providing convenience shopping and personal services for nearby residents and tourists,

generating local employment and supporting the local economy. However, Council is looking to

revitalise the relationship between the CBD and the Wilson River frontage and focus over the

next ten years on the CBD generally in terms of improvements to public domain. That will be

the focus of this Plan.

If the CBD is to remain viable and attractive, meet heightened community expectations and

adapt to its changing role, it is necessary to improve its amenity. This can be done through

public domain improvements including provision of high quality landscaping, creation of usable

public spaces and pedestrian access to the Wilson River. The proposed streetscape works will

provide new residents with an improved residential environment together with improved

pedestrian/traffic safety and urban amenity.


Improvement of the public domain of the CBD is necessary to accommodate an anticipated

increase in population from the viewpoint of safety and amenity of pedestrians as well as

providing a major component of the recreation system. Public domain works will also improve

the environmental quality, physical appearance and character of streets in Lismore.


The significant new population that will result from development will lead to significant additional

demands for open space, community facilities and public domain improvements. Significant

public domain improvements will be necessitated by:

Heavy volumes of pedestrian traffic;

Need to improve pedestrian usage and safety; and

Need to enhance the appearance and vitality of the public areas in Lismore.

Council will provide public domain improvements in a range of locations and is considering the

identification of a programme of further public domain improvements to accommodate growth

associated with residential development. The works program in this Plan draws substantially on

the Imagine Lismore (Ten Year Plan) which itself resulted from wide and thorough community

consultation.

The location of Public Domain Facilities related works is shown in Appendix B of this Plan.

6.2 Reasonableness


for public domain facilities is considered to be reasonable as it levies for the needs of new

residents and workers and ensures the equitable provision of public domain facilities for all to

enjoy.

6.3 Apportionment

The need to provide the public domain facilities identified in this part of the plan is generated by

the development of Lismore. The public domain facilities works program presented has been

undertaken in response to the demand for those facilities likely to be generated by the new

residents. Public domain facilities works are considered essential in order to allow the proposed

development to occur and will primarily benefit that development. Projects will be apportioned

consistent with the proportion attributable to the demand of new development. In the case of

residential development this is 5.4%. In the case of residential in combination with commercial

and retail development it is 7.5%.


It is anticipated all residential catchments (both urban and rural) will utilise public domain

facilities, the whole LGA is therefore a contributing towards the development of the public

domain facilities.

Both future commercial and retail development will be levied for public domain facilities as a

nexus can clearly be shown for the future use and location of these facilities. The ratio of new

residents (2404 or 72%) to new workers (940 or 28%) is the basis of the contribution split

between these two development types.


6.5 Works program

Table 20 Public Domain Facilities - Works program

Location Works Costs Existing Funds Pooled

Apportionment

Final Works Cost

Timing

Lismore CBD

Undertake urban design improvements including seats, bins and street trees and landscaping. Also includes CBD toilets.

$971,100 0 7.5%^ $72,832 Medium Term

Lismore CBD

Undertake major CBD footpath upgrade

$2,800,000 0 7.5%^ $210,000 Medium Term

Wilsons River projects in the CBD

Multiple works including Orion St to Market St riverbank pathway

$7,525,000 0 7.5%^ $564,375 Ongoing

Total $11,296,100 $0 $847,207*

^This apportionment represents the new resident and worker population as a proportion of the existing population






RP


2404

= $254 per person



CP


940



2 of GFA)

Where:

TC = Total cost to increase the capacity of public domain generated by new

residential and commercial development



CP = Increase in Lismore commercial/retail worker population over ten years

AF = Assumed Rate of Residential / Commercial Usage


7. Open space and recreation facilities

The purpose of this section is to ensure that an adequate amount of open space that is of

appropriate quality is provided throughout Lismore to meet the needs of an increased

population resulting from development.

The residential development in Lismore will result in additional demands for recreation and open

space facilities. It is expected that a resident population of the size and nature described

previously in this Plan will require a range of open spaces and networks to cater for and support

it.

The Lismore community strongly supports the conservation and enhancement of the unique

environmental qualities of the LGA, as highlighted in numerous studies and community

consultation surveys including the Lismore City Council Sport and Recreation Plan 2011 – 2021.

This Plan seeks to support these community values and strategic goals by ensuring that the

contributions provided by new development maintains and enhances this unique environment

for the benefit of all residents in Lismore.

The LGA already provides a range of open space and recreation facilities including a range of

facilities for unstructured play and recreation (including picnic areas, playgrounds and walking

paths). Parks and open spaces are key components of the environmental, recreation and social

infrastructure in all communities. They are used and/or valued by a wide cross section of

residents, from all age groups and socio-economic backgrounds.

Lismore City Council Sport and Recreation Plan 2011 – 2021 has a number of key outcomes

including the following:

Lismore’s centrally located playing fields and regional standard sporting facilities position

the city well to host regional and higher level sporting tournaments and championships.

The study found strong community support for maintaining and developing facilities to

continue Lismore’s competitive advantage as a regional sporting hub for northern NSW.

Lismore Park is a major asset to the region for sport, however there are opportunities to

increase the recreational value to the broader community from this park.

The majority of sports in Lismore are well catered for and this view was supported by the

community. This is consistent with the 2007 Resident Satisfaction Survey which found

high levels of satisfaction with sporting fields (90%).

Numerous needs for facility upgrades and/ or maintenance improvements were identified

by sport and recreation clubs. Notwithstanding this, most sports are satisfied with their

facilities.

There are a number of ‘pocket parks’ in Lismore. These small parks (generally

<1,000m2) usually have limited value for recreation purposes as they are too small to

accommodate a range of uses, equipment and play experiences and their proliferation is

less functional from a maintenance perspective (Council has recently been reviewing

these).

The consultation process identified a desire for better parks – eg more playgrounds,

BBQ‘s, shelters, shade and better maintenance.


Better lighting (of parks, walk/ cycle paths and sports fields) was identified as important in

the consultation process.

Lismore Park upgrades are listed as one of twelve major projects that Council considers is a

priority in its Imagine Lismore Ten Year Plan.

There are currently 223 ha of open space in Lismore which includes regional open space,

sports fields and neighbourhood parks. With an LGA population of approximately 44,348

persons, Lismore contains 5.1 ha / 1000 persons. Using the standards-based approach of 2.83

ha./ 1000 persons, from the Department of Urban Affairs and Planning (former Department of

Planning and Infrastructure), “Outdoor Recreation and Open Space Planning Guidelines”

(1992) the LGA is therefore well served, in terms of the everyday needs of its residents, through

the provision of passive and active recreation space.

This total includes open space provided for recreation purposes, open space provided to

maintain the visual amenity of Lismore and open space provided for the protection of the LGA’s

natural environment. It is recognised that the current level of open space provision, the quantity

and the quality of this provision (ie. extensive bushland areas) are the attributes that attract

future populations to the area.

The location of Recreation Facilities works is shown in Appendix B of this Plan.


There has been a history of Council acquiring land in the Tucki Tucki Creek open space corridor

and the completion of this project is still a priority for Council. It is a carry-over project from the

2004 Section 94 Plan. The existing level of provision of passive open space will be maintained

through the acquisition of the Tucki Tucki Creek corridor, embellishment of that corridor with a

walking track and the embellishment of existing open spaces to increase capacity. Current

general standards of provision have been used, as a basis for developing the Works Schedule

to address cumulative future needs.

It is estimated that the residential population in Lismore will increase by 2404 persons over the

next ten years. The scenic and natural qualities and the recreational pursuits available in the

passive open space settings are significant contributors to the Lismore’s quality of life. These

unique environmental qualities of Lismore are highly valued by its residents.

To ensure that new developments benefit from the provision of quality passive open space,

contributions will be used to undertake acquisitions in an area located with some proximity to

new development that is also able to be accessed easily by those wanting to use it. The total

area identified for acquisition in the Tucki Tucki Creek corridor is 17.8 ha (Appendix A). This

area is also identified in Lismore LEP 2012 as being in an RE1 Public Recreation zone. It is a

long term project of Council to acquire the complete corridor. The money to purchase this land

has partly been collected from past Section 94 contributions and this will be used as the land

becomes available for purchase. Money will also be used to construct a walking track (and other

embellishments) if sufficient funds allow it. Council resolved at its 12 August 2014 meeting to

continue collecting contributions from future residential development in the Lismore Urban

Catchment to assist with future acquisitions and embellishment.

The Lismore City Council Sport and Recreation Plan 2011 – 2021 has also established that

many existing open space areas are currently in an underdeveloped state, delivering reduced

recreation opportunity. It was identified that Lismore Park is not adequately embellished for the

future resident population in Lismore. It is recommended, therefore, that open space

contributions be sought for embellishment purposes and provision of recreational facilities.

Lismore Park not only services the established areas but also the urban release areas with

projected population increases. This further enhances its potential to satisfy the open space and


outdoor recreation demands of the new population. Therefore, it is anticipated that some of the

demand for additional open space can be met by increasing the capacity of the existing

underdeveloped Lismore Park.

The schedule of works for open space facilities, comprises a programme of new playground

equipment, signage, amenities, and pathways, that increase the useability of open space for a

range of users, and thus increase the capacity of open space to accommodate additional users.

7.2 Reasonableness


for open space and recreation facilities is considered to be reasonable as it levies for the needs

of new residents for open space acquisitions and embellishment that ensures the equitable

provision of recreation and open space facilities.

7.3 Apportionment

The cost of local open space acquisitions and embellishment within Tucki Tucki Creek corridor

will be dealt with out of existing pooled funds as well as new contributions from residential

development. These funds will include the amounts collected previously for urban bushland

acquisition as the Tucki Tucki Creek corridor is also an area of urban bushland. The acquisition

will be apportioned consistent with the proportion attributable to the demand of new

development. In the case of residential development this is 5.4%.

Increased capacity for Lismore Park will be attributed only to new resident populations across

the entire LGA. This is based on the methodology of ensuring that existing levels of service are

maintained. The Lismore Park projects will be apportioned consistent with the proportion

attributable to the demand of new development. In the case of residential development this is

5.4%.


It is anticipated all catchments (both urban and rural) will utilise Lismore Park, the whole LGA is

therefore contributing towards the development of open space and recreational facilities. All

residents will benefit from the Lismore Park upgrades. All residents will benefit from the passive

open space and walking trails that will be available within the Tucki Tucki Creek corridor in the

long term.

7.5 Works program

7.5.1 Tucki Tucki Creek Corridor Acquisitions and Embellishment

An acquisition in 2014 resulted in Council obtaining a valuation for land in the Tucki Tucki Creek

corridor that is representative of the remaining land to be acquired. As at August 2014 it is

estimated there is 17.8 ha to be acquired and the unit cost will be $59,761 per ha.

The embellishment costs (shared path, viewing areas, signage, fencing and vegetation

restoration) for the area that remains to be acquired is estimated at $663,000 for approximately

1000 m of shared path and associated works. On a pro rata basis the embellishment costs can

be assumed to be $37,247 per ha.

Over the life of the previous Contribution plan Council collected $558,600 from the Urban East

Catchment for acquisition and embellishment of the Tucki Tucki Creek corridor and for

acquisition of urban bushland (at 100% attributable to new development). A number of land

acquisition negotiations are underway, but they are often slow to complete. It is reasonable that

this money be deducted from the existing pooled funds with a proportional reduction in


embellishment costs as if it had already been spent on acquiring these lands. Assuming the unit

cost of $59,761 per ha to acquire and $37,247 per ha to embellish then the existing funds will

acquire and embellish approximately 5.75 ha of land. This leaves 12.05 ha remaining to be

acquired and embellished using contributions from this Plan. The acquisition and embellishment

cost for new development is therefore estimated at $1,168,946.

Table 21 Open Space and Recreation - Acquisitions Works Program


Apportionment Final Works Cost

Timing

Tucki Tucki Creek

Tucki Tucki Creek Corridor Open Space Acquisitions and Embellishment $1,168,946

0*

5.4%^

$63,123

Short to Long Term

* The $558,600 in pooled funds will be used to acquire and embellish land currently subject to the acquisition process which effectively reduces the pool money available for future acquisition and embellishment to zero

7.5.2 Lismore Park Increased Capacity

Within the Lismore City Council Sport and Recreation Plan 2011 – 2021 Lismore Park was

identified is a major asset to the region. Sport is the dominant form of use of the park although it

is also used for informal recreation, walking, jogging etc. Given the findings in the Lismore City

Council Sport and Recreation Plan 2011 – 2021 all embellishments will be concentrated in

Lismore Park. Lismore Park upgrade is a key major project listed in Imagine Lismore Ten Year

Plan.

Table 22 Open Space and Recreation Facilities - Increased Capacity Works

Program

Lismore Park Works Stages 1 to 4

Phase 1 Works including temporary pedestrian crossing point, widening paths and pedestrian crossing point

Phase 2 Works including pedestrian boulevard, Oaks Oval fencing, landscaping and entry features

Phase 3 works including Brewster Street formal pedestrian entry, formal and informal paths, and children’s water-play playground

Phase 4 works including car park Brewster Street, café/toilets, controlled vehicle access Uralba Street, picnic shelter/BBQ area

Table 23 Open Space and Recreation Facilities -Total Works Program Cost


Apportionment Final Works Cost

Timing

Lismore Park Increased Capacity

$7,500,000 $191,300 5.4%^ $405,000 Short to Medium Term

Total $7,500,000 $191,300 $213,700*

^ This apportionment represents the new resident population as a proportion of the existing population






Contribution Per Person = TC

RP

Contribution Per Person = $213,700+$63,123

2404

= $115 per person

Where:

TC = Total cost to make acquisitions and increase the capacity of open space and

facilities generated by new residential development



8. Cycleway facilities

The provision of cycleway facilities is important to improvements to equity, health and the

environment within the community and demonstrates commitment to ecologically sustainable

development. Cycleways often serve a dual role as pedestrian networks. Therefore the demand

for this infrastructure is based on the need for pedestrian access as well as by those riding

bicycles. More recently, the increased popularity of battery powered mobility scooters used by

the elderly and disabled can also be linked to an increased demand for paved cycleways.

Council recognises that additional residential development will increase the demand for

cycleway facilities to be constructed.

The population of Lismore is ageing in line with NSW and Australian trends and the need for

walking trails is increasing as older people tend to walk as a means of recreation. In 1989 and

1991 the Commonwealth Department of Arts, Sport, the Environment, Tourism and Territories

(DASETT) undertook a series of major Australia-wide surveys on participation in sport and

leisure activities. Almost one third of the population stated they walked for pleasure. Around

13% of people stated walking the dog was a primary activity and the frequency of walking was

high. Riding bicycles is also a popular past time with around 9% of the population reporting this

as a regular activity.

Council has recently completed the Lismore Cycleway Plan (2011). The study included

existing cycling facilities and a prioritised plan for the development of cycleways to meet the

needs of both commuting and recreational cyclists throughout the city. It involved extensive

consultation with Councillors and staff at Lismore City Council, schools and school children,

Police and other Government Departments, community interest groups, cycling organisations

and the general public.

At the time of the Cycleway Plan review 2011, Lismore had a total of 27.8 km of cycle ways

constructed to acceptable standards, and a further 16km of footpaths which could be widened

and signposted to bring them up to acceptable standards as cycleways.

The Lismore Cycleway Plan (2011) facilitates the expansion of the existing network of bicycle

facilities in Lismore. This plan analyses the existing bike needs and demands, the suitability of

existing facilities and any additional requirements for the future population. The plan recognises

the needs of different cyclists (commuter, recreational, child, utility or tourist) and the often

competing demands they and other road users generate, including for limited road space, land

use and funding.

The location of Cycleway works is shown in Appendix B of this Plan.


The pedestrian and cycleway network offers a flexible and low impact alternative to the use of

private motor vehicles and needs to be considered as an integrated network approach with

regard to transport planning. New development in Lismore is a mix of residential, industrial and

commercial development, however, the demand will primarily be from residential development.

It is also assumed that the residential development in rural north and south will not directly

benefit from the urban based cycle works.

Sustainable transport management involves the provision of non-motorised transport modes as

well as roads for motorised transport needs. Provision of multi-use access ways can be effective

in providing a sustainable and balanced transport regime, particularly for trips in the immediate

locality as well as providing an extremely attractive form of recreation and access to recreation

facilities within Lismore.


The pedestrian and cycleway works to be provided to meet the demands of the incoming

population are identified in the works schedule. The pedestrian and cycleway facilities have

been developed and located to primarily service the residential land development areas.

However Council has assumed that these cycleways will be available to all cyclists and there is

a nexus with all development in the Lismore urban catchment.

8.2 Reasonableness


for pedestrian and cycleway network facilities is considered to be reasonable as it levies for the

needs of new residents for pedestrian and cycleway facilities and ensures that new residents

can get access to the existing network.

8.3 Apportionment

The need to provide the pedestrian and cycleway facilities identified in this part of the plan is

generated by the development of Lismore. Pedestrian and cycleway facilities will be undertaken

in response to the demand for those facilities likely to be generated by the new residential

development as identified in the Lismore Urban Strategy (2005).

Cycleway facilities works are considered essential in order to allow the proposed development

to occur and will primarily benefit that development. It is therefore appropriate that all residential

development within this Plan be subject to the cost of providing these facilities other than rural

north and rural south.


It is anticipated the Lismore urban catchment will predominantly utilise the cycleways and this

will be the catchment that pays the contribution. Rural north and south will not be required to

pay the contribution.

As the nexus for cycle ways in the works program can only be shown for residential

development, only future residential development will be levied.

8.5 Works program

The works program is based on the Lismore City Cycleway Plan (2011). Some works within the

cycleway plan can be linked directly to urban release areas. These works which have direct link

to anticipated development identified in the Lismore Urban Strategy (2005) and will service land

that is zoned for residential development (Table 24). Therefore 100% of these works can be

directly attributed to the additional population. They are referred to as the Cycleway Works

Program.

Table 24 Cycleway Works Program – Works directly attributed to new

release areas

Works Cost of Works

Safety Rail on outside of Rotary Drive from Dixon Place to Uralba St* $180,000

New Cycleway works- Ballina Road (Holland Street / Oliver Ave East) $67,500

New Cycleway Works - Dalley Street (Wyrallah Rd / Dibbs St and Dibbs St to Military Road)

$161,200

New Cycleway Works - Dudley Drive (Oliver Ave/ Clare Street) $226,125

Pathway Works - Military Road (Dalley Street/ Southern Cross University) $30,600

New Cycleway Works – Holland St (Hepburn Park to Ballina Rd) $185,600

Total $851,025


* Rotary Drive is a major city bound link for cyclists travelling from new release areas to the east. It

may be partly funded from existing pooled funds but is still attributable to new release areas.

Table 25 Cycleway Works Program -Total works program cost


Apportionment

Final Works Cost

Timing

Works attributed to new release areas and new residents

Works Program

(as shown above)

$851,025 $328,100 100% $851,025 Short to Medium Term

Total $851,025 $328,100 $522,925*



Contributions will be collected from residential development only, and only from the Lismore

Urban catchment towards cycleways identified under this Plan.



Contribution Per Person ($) = C

RP

Contribution Per Person = $522,925

1575

= $332 per person

Where:

C = the estimated cost - or if the facility has been completed, the actual cost of providing each

of the cycleways (refer works schedule above)

RP = Increase in residential population over the life of this Plan for Lismore Urban only


9. Traffic management facilities

Population growth is a clear indicator of vehicular traffic growth as additional residential

development will result in greater traffic volumes on council roads. This growth creates the need

for various new or improved road and traffic management facilities.

The population growth projections for the LGA indicate that there will be around a 5.4%

increase in next 10 years. This growth will be spread spatially across the LGA and indicates that

there will be an increased need for council to spend more on the local road system.

The volume and characteristics of traffic growth and demand is directly related to land use. The

Roads and Traffic Authority Guide to Traffic Generating Developments (RTA 2002) clearly

demonstrates the nexus between development and traffic increases. It also provides an

indication of the magnitude of traffic generation by land use type.

The impact of additional traffic has a range of consequences. These include:

Impacts on road efficiency.

Impacts on amenity and safety.

Reduction in the life of road pavements.

Increased public expenditure.

Traffic impacts accumulate over time and may not be obvious for single developments. The

benefit of a contributions plan is that it takes a holistic view of future traffic development and

overcomes financing constraints imposed by incremental decision-making.

The most effective tool for assessing traffic impacts is to examine the impact of development on

the road network and equitably assign the costs of development of the road network to

development within the LGA. This is considered reasonable as the use of council road assets

will be spread across the entire LGA.

The location of Urban and Rural Traffic Management works is shown in Appendix B of this Plan.


Forecast population growth will result in considerable growth in vehicular traffic on many roads

including those for which Council has responsibility. This traffic growth will create a need for

various new or improved road and traffic management facilities.

Consequently, the nexus for road and traffic management facilities can be clearly established.

Council has undertaken various investigations of the requirements for road upgrading to meet

the future needs for Lismore.

The Lismore Strategic Road Review (TTM Group, October, 2012) estimated the additional traffic

volumes which clearly demonstrate the nexus between development and traffic increases. It

provides traffic generation rates by land use type including residential, industrial, and retail

activities. The report estimated that traffic over the next 15 years will grow at an average annual

rate of approximately 3% based on the expected development over the period. Over the next 20

years the increase in traffic generation due to development within Lismore is likely to be in the

order of 65%.


Table 26 Summary of Traffic Generation -Lismore Strategic Road Review

(TTM Group, October, 2012)

Source 2013 2018 2023 2028 2033

Lismore Development (number of trips)

89709 107275 120959 134266 147417

% p.a Growth Relative to 2013

3.64% 3.03% 2.72% 2.51%

Through Trips 17147 18932 20902 23078 25480

Total Trips 106856 126206 141861 157343 172897

Residential development within Lismore LGA is predicted to grow within the next ten years. As

the table above demonstrates there will be an increased travel demand (measured in trip

numbers) derived from the future development in the area. This future demand will generate the

need for:

new and/or augmented traffic facilities to promote the permeability and connectivity of the

local road network.

the upgrading of road intersections and sections of roads to provide the required road

network which promotes the efficient, safe and orderly movement of people and goods.

the provision of facilities which minimise the amount of traffic and regulate the speed of

vehicles within residential neighbourhoods.

It is considered that the incoming population would require these facilities to be delivered to a

standard at least equal to the level of service currently provided. Current general standards of

provision have been used as a basis for developing the Works Schedule to address cumulative

future needs contained in this plan. The locations of traffic and transport facilities to be provided

to meet the demands of the incoming population of Lismore are described in the Works

Schedule.

9.2 Reasonableness

A core requirement of a Development Contributions Plan is that contributions must be

reasonable. A contribution for traffic and transport works is considered to be reasonable as it

levies for the needs of new residents, to ensure efficient, effective and safe vehicular movement

of the Lismore community.

9.3 Urban roads

9.3.1 Works program

Table 27 Urban Traffic Management Works Program

Location Works Timing Cost Estimation ($)

Richmond Hill/Bruxner Highway Intersection Upgrade 2018 $380,000

Invercauld Road/ Bruxner Highway

Roundabout Upgrade 2018 $1,600,000

Cynthia Wilson Drive to Rous Road

New Road with Kerbs 2023 $6,600,000

Oliver Avenue/Pineapple Road Intersection Upgrade 2023 $1,000,000

Rous Road and Oliver Avenue Intersection

Roundabout Upgrade 2023 $800,000

Cynthia Wilson and Invercauld Road Intersection

Roundabout Upgrade 2023 $200,000

Elizabeth Ave and Rous Road Roundabout Upgrade 2023 $200,000



Intersection

Eastern ByPass (Oliver Avenue) Upgrade 2028 $1,040,000

Eastern ByPass (Oliver Avenue - Bridge)


Oliver Avenue / Holland Road intersection

Roundabout 2028 $1,000,000

River Crossing (Brunswick Street to Lake Street)

New Bridge 2028 $5,500,000

Northern Bypass (Terania Street to Brunswick Street)

Upgrade 2028 $1,560,000

Northern Bypass (Terania Street to Brunswick Street)

New Road with Kerbs 2028 $590,000

Pindari Crescant/Bruxner Highway

Upgrade 2028 $380,000

Bruxner Highway and Mountainview Drive

Traffic Signals 2028 $750,000

Trinity Drive (Bruxner Highway to Lagoons Grass Road)

Upgrade 2033 $2,290,000

Trinity Drive (Bruxner Highway to Lagoons Grass Road)


Molesworth Street/Bruxner Highway

Traffic Signals 2033 $750,000

Total (over 20 years) $34,630,000

Total (over 10 years) over the life of this Plan *

$18,007,600

Existing Funds Pooled $4,574,900

Final Works Cost $13,432,700

* Note - The above works program sourced from Lismore Strategic Road Review (TTM Group,

October, 2012) was estimated over a 20 year period. However, this Plan is a 10 year Plan.

Therefore the total works for urban roads based on a 10 year period is $17,315,000. This

amount has been adjusted to account for the time lag between the TTM report and

commencement of this Development Contributions Plan using the ABS Produce Price Index

“Road and Bridge Construction – New South Wales” by applying a multiplier factor of 1.04. This

takes the total over ten years to $18,007,600.

9.3.2 Apportionment urban roads

The costs of urban roads will be apportioned to incoming development. The Lismore Strategic

Road Review (TTM Group, October, 2012) estimates the additional traffic volumes in Lismore

LGA based on anticipated development.

The TTM review estimates the future traffic generation (TTM table 3.2) for each major

development type until 2033. The daily vehicle trips were calculated for residential, commercial,

and industrial development. The proportion of trips generated by residential development is

calculated at 40%, commercial development is 37% and industrial development is 23%.

For residential development future urban residents will be required to pay for urban roads.

Future rural and village residents have a rural roads program that they will be required to pay

for. This means the projected urban population increase is 1575 (not including North Lismore

Plateau).

North Lismore Plateau is a major urban release area that accounts for approximately 70% of

future urban residential traffic generation. The NLP has no industrial development and only

minimal commercial development. Even though the NLP is not part of this S.94 plan it is


important that it contribute towards its 70% of the projected urban traffic growth. Accordingly,

the works program for balance of the city’s urban residential growth will be apportioned to 30%.

The existing pooled funds will be shared between the NLP S.94 plan and this S.94 plan. Once

the pooled funds are shared between the two plans an amount of $13,432,700 is left to be

collected from residential, commercial and industrial development. If this remaining amount is

split using the TTM trip generation estimates then Residential is required to contribute

$5,373,080 (40%), Commercial $4,970,099 (37%) and Industrial $3,089,521 (23%). However,

the anticipated residential contribution from NLP needs to be deducted from the residential

component of this Plan (estimated to be $3,651,684) so that the residential development

anticipated in this Plan pays 30% of the urban traffic works.

9.3.3 Formula and contribution rates

Contributions will be collected from residential, commercial and industrial development toward

traffic and transport identified under this Plan.



Contribution = TC x AF - NLP

Per Person RP

Contribution = $13,432,700 x 0.40 - $3,651,684

Per Person 1,575

= $1,093 per person



CP

Contribution Per Person = $13,432,700 x 0.37

940

= $5,287 per employee or $115 / m


2 of GFA)

Industrial Development Industrial Development


IP

Contribution Per Person = $13,432,700 x 0.23

1412

= $2,188 per employee or $25 / m


2 of GFA)

Where:

TC = Total cost to increase the capacity of urban traffic generated by new

development over ten years (after existing funds have been deducted)

RP = Increase in urban residential population over ten years (excluding NLP and

rural growth)

NLP = Contribution expected from residential development in the North Lismore

Plateau


IP = Increase in Lismore industrial worker population over ten years.

AF = Rate of Residential / Commercial/ Industrial Usage (based on trip numbers

shown in the Lismore Strategic Road Review (TTM Group, October, 2012).

UP = Proportion of increase in urban residential population attributable to Lismore

City not including North Lismore Plateau.


9.4 Rural roads

The works program for rural roads was sourced from Lismore Strategic Road Review (TTM

Group, October, 2012). This review assumes that expenditure on new capital works will be

$2,676,100 each year for the next ten years.

Table 28 Rural traffic management works program


Rural Roads – north and south

Rural Traffic and Transport Improvement Program (10 year program)

Post 2014 $26,761,000

9.4.1 Apportionment rural roads

The costs will be apportioned according to the estimated population in each catchment on a per

person basis. There is likely to be limited amounts of commercial and industrial development in

the two rural catchments and so the full cost of the works program attributable to new

development will be apportioned to residential development only. It will be the same for each of

the catchments (north and south) and the same for a dwelling wherever it is located in that

catchment (ie, village, large lot residential or rural).

The amount that Council has in existing pooled funds is $2,130,300. Deducting this from the

ten year works program leaves an amount of $24,630,700 that needs to be divided between

existing and future population to pay for road rural road upgrades and rehabilitation.

It is reasonable to assume that new residents should pay the same as existing residents. It is

projected that there will be 829 new rural north and south residents over the next ten years. The

TTM report indicated a current rural north and south population of 14,636 persons. The ten year

rural population is expected to be 15,465.

Multiplying the projected number of new rural residents with the contribution per person will

provide an estimated $1,320,597 to be collected for the construction of rural roads.

Table 29 Rural Roads North and South -Total Works Program Cost


Final Works Cost

Timing

Rural North and Rural South Traffic management $26,761,000 $2,130,300 $24,630,700

Medium Term

9.4.2 Formula and contribution rates

Contributions will be collected from residential development toward rural roads as outlined in

this Plan.

Rural North




RP

Contribution Per Person = $24,630,700

15,465

= $1,593 per person


Rural South




RP

Contribution Per Person = $24,630,700

15,465

= $1,593 per person

Where:

TC = Total cost of the rural traffic and transport improvement program (10 year

program)

RP = Existing and additional rural population over ten years


10. Stormwater

New residential development can result in an increase in impervious surfaces, leading to higher

levels of urban stormwater runoff, increased stormwater velocities, and increased transfer of

pollutants from urban to natural environments.

Lismore is situated on the Wilsons River floodplain at the confluence of two major tributaries,

Leycester Creek and the Wilsons River. The Lismore LGA lies entirely within the Richmond

River Catchment and covers sections of the upper, middle and lower catchment. Lismore is

approximately 100 kilometres upstream of the river mouth at Ballina and is affected by tidal

waters, which extend beyond Lismore to Boat Harbour, a further nine kilometres upstream.

Lismore urban area is within the middle reaches of the Richmond River catchment. There are

two primary catchment areas that drain the Lismore urban area including Wilsons River

Catchment and Tuckean Swamp Catchment.

The catchment draining to Leycester Creek and the Wilsons River is experiencing development

pressure, that if realised could result in increased stormwater runoff and associated pollutant

loads being generated from catchment surfaces. Without mitigation, the additional stormwater

runoff and associated pollutant loads could have detrimental impacts on the water quality and

ecology with into the river and creek. On this basis, it is reasonable to require a contribution

from development in Lismore LGA to confirm the trunk stormwater management facilities that

will be required.


The impact of urban development on flow regimes, erosion and siltation, and flooding can be

substantially reduced by adopting stormwater management techniques that concentrate on

continuing the function of the natural drainage system as far as possible. Therefore, future

residential development in the Wilsons River catchment and Tuckean Swamp catchment will

result in the need to manage stormwater run-off both up and down stream of development. This

is done through trunk stormwater facilities and structures.

Council does not currently have an up to date Stormwater Management Plan in order to inform

this Plan. Council considers that the costs involved with Stormwater Management Plan for the

management of Section 94 is an integral and essential component of the efficient provision of

facilities demanded by development throughout Lismore. To facilitate the efficient delivery of

trunk infrastructure, it is reasonable for the costs associated with drafting the Stormwater

Management Plan be recouped through contributions. The schedule of works includes the

Stormwater Management Plan that influence or refine the Section 94 Plan. Once this

Stormwater Management Plan is complete a review of the Works Schedule in this S.94 plan is

warranted to ensure that facility planning best reflects contemporary community needs.

10.2 Reasonableness


for stormwater management is considered to be reasonable as it levies for the needs of new

residents and workers and ensures the equitable provision of stormwater management.

10.3 Apportionment

The need to provide the stormwater management identified in this part of the plan is generated

by the development of Lismore. Stormwater management works are considered essential in

order to allow the proposed development to occur and will primarily benefit that development. It


is therefore appropriate that all development within this Plan be subject to the full cost of

providing these facilities.


It is anticipated all catchments (both urban and rural) will utilise stormwater management and

trunk stormwater facilities. The whole LGA is therefore a contributing towards the development

of any studies and subsequent public domain facilities. Commercial, industrial and residential

future development will be levied for stormwater management as a nexus can clearly be shown

for the future use of these facilities.

10.5 Works program

Table 30 Stormwater Facilities - Works program

Location Works Costs Timing

LGA wide Undertake stormwater management plan $100,000 Short Term





RP


2,404

= $16.50 per person



CP


940

= $39.50 per employee or $0.85 / m


2 of GFA)



IP


1,412

= $16.50 per employee or $0.20 / m


2 of GFA)

Where:

TC = Total cost to increase analyse the need for trunk stormwater generated by

new residential, commercial and industrial development.

RP = Increase in residential population over ten years.



AF = Rate of Residential / Commercial/ Industrial Usage (based on trip shown in

the Lismore Strategic Road Review (TTM Group, October, 2012).


11. Emergency services

Historically Lismore has collected Section 94 Contributions for the provision of adequate bush

fire fighting (RFS) and state emergency services (SES) and facilities required to service the

additional needs generated by the increase in population arising from new development.

At present, Council provides a rural bushfire fighting service to Lismore and these services

operate from the following brigades Alphadale, Caniaba, Dunoon, Rosebank, The Channon,

Wyrallah and Clunes. These provide bushfire-fighting services throughout all rural areas of

Lismore. The SES primary function is rescue during floods and storm events as well as general

land rescue.

In NSW, State Government generally funds the majority of all bushfire protection costs in local

government areas, through the NSW Rural Fire Fighting Fund. Council must fund the balance

of this budget including the acquisition of equipment needed to serve a growing population and

this component is separate from the Rural Fire Service budget. The major capital costs of

operating the Rural Fire Service are acquisition and replacement of fire fighting equipment for

the volunteer fire fighters including safety equipment, fire sheds and vehicles. Volunteer fire

fighters provide the backbone of the service, operating most appliances, undertaking training

exercises and fire fighting duties, and coordinating communication and field support during

training exercises and operating conditions.

In 2012 the NSW government moved to change the way that such services were funded,

particularly the RFS. Through its current S.94 plan Council has collected sufficient funds to

cover the current estimate of Council’s share of the funding for RFS and SES.

11.1 Contribution rates

As at February 2014 the money required for works and equipment had been collected for this

Strategy and therefore the contribution per person for RFS and SES is zero dollars. When the

current State lead review of funding is complete this may need to be re-assessed.

11.2 Works schedule bushfire

Table 31 Emergency Services Works Schedule – Bushfire

Project Cost Estimation ($)

Volunteer personal safety equipment, shed and vehicle improvements, and bushfire mapping

$143,700

Total $143,700


11.3 Works schedule SES

Table 32 Emergency Services Works Schedule – State Emergency Services


Equipment and Vehicles $77,400

Total $77,400


12. Car parking

There may be instances where proposed new developments are not able to provide adequate

parking on site, either due to physical constraints of the site or where the site configuration, size

or vehicular access characteristics preclude the economic and practical provision of car parking

for the proposed use. In these circumstances, Council would normally consider it to be in the

public interest to allow a monetary contribution in lieu of on-site provision. These contributions

would be used to increase and embellish the parking spaces provided by Council in Lismore

commercial and retail areas in anticipation of new development.


Lismore Council’s Development Control Plan 2007 sets out the quantum of car parking required

for new developments. It is Council’s preference that this parking be provided on site. Where

this car parking cannot be provided on the site or in close proximity, the development would

result in an increased demand for parking in existing car parks and on the street. The existing

CBD car parks have the ability to handle additional demand and are well located. However, they

are not undercover and do not have sufficient shade.

Council is currently reviewing its parking needs and will need to consider whether it has

sufficient parking to meet expected demand. If there is a shortfall in existing parking then

additional parking locations will be considered. This can be addressed in a future amendment to

this Contributions Plan.

12.2 Reasonableness


for car parking is considered to be reasonable as it levies for the needs of workers and tourists

for car parking and ensures the equitable provision of car parking facilities. If Council’s future

assessment of parking identifies a shortfall in supply it is reasonable that a contribution per

space be levied to meet this future demand if it cannot be supplied on site.

12.3 Apportionment

This Plan recognises that contributions need to be fair and reasonable in that costs for providing

new physical and social infrastructure need to be distributed between the existing and future

residents, workers and visitors of the Lismore LGA.

Developer contributions are only required to support additional infrastructure necessitated by

new development. The existing community has already funded quite a large amount of car

parking infrastructure. It may be that it is this existing infrastructure that has attracted

developers into the area. As such, many developers have significantly benefited from the

infrastructure provided by established communities. In effect, existing residents have, to some

degree, been subsidising new developments.


The full cost of upgrading car parking in Lismore is determined by dividing the total cost of the

proposed works by the number of car parking spaces that will benefit from the works. In this

case Council is reviewing its information on car parking supply and demand and will not be

imposing a car space contribution in this Contributions Plan. An amount of $65,200 has been

collected in the past and will be used for any small car parking related projects that arise in

Lismore or Nimbin. However, if this money remains unspent at the time the car parking supply

and demand review has been completed it will be pooled into a future car parking contribution.


12.5 Works schedule

Table 33 Car Parking Works Schedule


Lismore and Nimbin car park expansion and capacity improvements $65,200

Total $65,200


13. Heavy haulage

The purpose of this Contributions Plan is to provide the necessary framework for the efficient

and equitable determination and collection of developer contributions towards the maintenance,

upgrade and construction of roads utilised by heavy vehicles associated with developments

which generate a significant amount of heavy vehicle movements.

Road pavement deterioration associated with quarries, mining and other heavy industries is

caused largely by the passage of heavy vehicles. Industries typically cause and exacerbate the

deterioration of the road surfaces, which then requires the need for considerable expenditure to

maintain, repair and, where necessary, reconstruct the roads. In Lismore there are several

active quarries including Blakebrook Quarry and Wyrallah Quarry

Each truck movement associated with the above quarries as well as other industries will

contribute to the volume of traffic within the public road system and actual damage to the road

surface. The need to upgrade roads is substantially and directly associated with the weight of

laden trucks.

For the purpose of this plan, the contributions for “roads” is deemed to include all necessary

works of carriageway construction and maintenance, including pavement, associated culverts,

bridges, drainage, signs, line marking, noise attenuation measures, landscaping, safety and

traffic management measures.


Development that generates heavy vehicle movements leads to an increased burden on the

existing road system, and may also create the need for new road works to be undertaken.

An increase in heavy vehicle usage on existing roads results in a reduction of road life. This

necessitates increased construction standards and maintenance work beyond that which could

have been previously expected.

The combination of the additional axle loadings (ie. number of wheels on the road surface) and

the payloads (ie. gross transport weight of loaded vehicle) generated by heavy vehicle traffic

have an impact on the rate of deterioration of the road. As such, any formula utilised to

determine a contribution rate should take into account these two factors.

The Lismore Roads Review, Rural Areas (TTM group, 2012) estimates that truck movements

(vehicles exceeding 12 tonne gross weight) will represent no greater than approximately 2% of

daily traffic movement on trunk roads throughout the Lismore LGA.

Accordingly, it has been accepted practice to levy development contributions based directly

upon the number and weight of laden truck movements. Therefore a relationship to the demand

for an upgraded road system can be related directly to the weight of material leaving an

extractive industry site. This will be the basis upon which contribution levies will be imposed.

The Roads and Traffic Authority’s “Guide to Traffic Generating Development” also identifies the

cost impacts of increased heavy vehicle usage, thereby providing professional recognition and

technical support for the nexus adopted by this plan.

The legal justification of this nexus has also been recognised by the Land and Environment by

the legal judgments handed down by Capital Quarries Pty Ltd. v Gunning & Yass Shire Councils

(1987) and Colin C Donges & Associates v Baulkham Hills Council (1989).


13.2 Exemptions under this plan

The following developments or components of developments are exempted from the

requirement to make a contribution under this Plan:

Extractive industries with an average annual approved output of up to and including 5,000

cubic metres of material or product (to minimize the impact on the economic viability of

smaller operations and to recognize the smaller and localized haulage associated with

these developments).

Other developments within an average annual approved total haulage of up to and

including 8,000 tonnes of material, products or payloads (or equivalent) (applying the

same justification as above).

Development located with Business and Industrial Zones under the provisions of the

current Lismore Local Environmental Plan. This makes allowance for the location of these

developments on road networks with pavement design and constructed with a higher life

standard. Furthermore, the large volume, various types and unpredictable loadings of

vehicles generated by both development within zoned commercial and industrial areas,

and vehicles operation within these areas, makes collection of data for efficient and

equitable determination of contributions uncertain.

13.3 Application of this plan

For the purposes of this Plan a truck is defined as a registered vehicle with more than 4 tyres

that has a gross weight exceeding 12 tonne.

13.4 Contributions

13.4.1 Extractive industry contributions

A reasonable method of determining the fair share of costs that extractive industry development

should pay, is to determine a standard contribution per tonne of material hauled. This can be

determined by estimating the likely cost of pavement damage caused by a typical heavy

haulage vehicle (per tonne per kilometre) and multiplying this cost by the average trip length per

tonne of hauled material.

Contributions will be required to be paid on a monthly basis to Council based on a fee for each

tonne of extractive resource leaving the extractive industry/ mine site by road transport. This

levy will be calculated as follows

MCR = TONNES x RATE

Where:

MCR = the monthly contributions required by quarries/ mines;

TONNES = tonnes of resource moved to or from site per month by road transport; and

RATE = the rate per tonne.

13.4.2 Rate per tonne

Lismore Roads Review, Rural Areas (TTM group, 2012) recommended based on a study a rate of:

$0.054 (2009 values*)/tonne/kilometre

This represents the medium traffic volume road with spray seal pavement that will be damaged

by a standard heavy haulage truck used by extractive industries. This rate shall be assumed for

other non-extractive industry heavy haulage generating developments that are not exempted

under this Plan. (* Rate to be updated using PPI at time of Plan adoption).


14. Street trees

Council considers that street trees are considered an important part of new development in

residential, commercial and industrial areas. They provide habitat to local fauna, shade and

amenity to residents and workers and ameliorate the harsh effects of urban development. It has

prepared and adopted a street tree master plan that outlines its vision for the use of street trees

in Lismore LGA.


Lismore Council’s Development Control Plan 2007 sets the requirements for street trees for new

developments. In the past, Council has preferred to take a contribution for street trees and

provide them when the development has matured sufficiently that they are less likely to be

damaged by construction activity. This is no longer the case and master planning for new

development areas requires street trees to be provided and maintained over a period of time by

the developers.

So although Council has collected contributions for street trees in the past it will no longer do

this for new urban areas. Developers will be required to include street trees and maintenance in

their development applications.

14.2 Reasonableness


for street trees was reasonable as it levied for the needs of residents and workers and ensured

the equitable provision of street trees in new urban areas. It is also reasonable that this issue

now be addressed through the development assessment process with appropriate conditions of

approval rather than contributions.

14.3 Apportionment

This Plan recognises that contributions need to be fair and reasonable in that costs for providing

new physical and social infrastructure need to be distributed between the existing and future

residents, workers and visitors of the Lismore LGA.

Developer contributions are only required to support additional infrastructure necessitated by

new development. The money collected in the past will be spent on providing and maintaining

street trees in the new residential, industrial and commercial areas for which it was collected.

The apportionment between those areas will be based on the amounts provided by each

according to Council records.

Where Council considers it appropriate street trees may be clustered in landscaped areas to

achieve an urban design outcome rather than separately planted on a per metre street front

basis. This is most likely to be the case in commercial and industrial areas.


In this case Council is changing its practice on street tree planting and maintenance and will not

be imposing a street tree contribution in this Contributions Plan. An amount of $281,500 has

been collected in the past and will be used to plant and maintain street trees in residential,

commercial and industrial areas of Lismore LGA that have paid contributions for street trees

since 2004.


14.5 Works schedule

Table 34 Street Trees Works Schedule


Street tree planting and maintenance throughout Lismore LGA $281,500

Total $281,500


15. Section 94 plan administration

This Plan identifies the demand for staff resources to be applied to management of the Section

94 Contributions Plan to ensure that the Plan’s key assumptions are regularly updated.

The management of Section 94 contributions imposes costs on Council in the preparation,

implementation, monitoring and review of this Plan. With the increase in population and

workforce there is a necessity to ensure there is a continuous process of managing, monitoring,

revising and implementing this Plan.

The earlier parts of this Plan have demonstrated that the incoming population of Lismore will

generate demand for additional public facilities and services. Section 94 provides the

mechanism by which contributions can be collected to provide these. However, the

administration of a Section 94 Plan requires resources which otherwise would not be devoted to

this purpose. Since these would not be required if a Section 94 Plan was not to be put in place,

they are directly attributable to new development.

15.1 Nexus

Contribution Plans and management systems exist because the nature of new development

justifies and requires it. The costs to prepare, review and implement the Plan, including

background studies, is to be funded solely by new development.

The administration of Section 94 is an expensive task. Council employs staff on both a part time

and full time basis that coordinate the implementation of Contributions Plans and works. In

addition, consultant studies are often commissioned in order to determine design and costing of

works, as well as to review the development and demand assumptions of the Section 94 Plan.

The cost of contract administration is also included in the calculation of the Plan of Management

Fee.

The types of administrative roles which the council will have to undertake includes:

Provide advice to applicant and the general public regarding the operation the plan.

Administration of the plan and ensure that the contributions are used to provides the

public facilities for which they were intended.

Monitor the receipt and authorise the expenditure of cash contributions in respective trust

accounts and the recoupment of costs already met.

Assess the merit of land proposed for dedication.

Assess any works in kind proposed in partial or full satisfaction of a contribution.

Monitor the dedication and development of land contributions.

Recommend to the council the appropriate interim use and ultimate development of

dedicated land, the acquisition of appropriate land for the identified public purpose, the

reuse of existing council facilities (including land) for an alternative public purpose, or the

use of funds for the purposes of provision through joint venture or other arrangement.

Monitor and program works identified in the works schedule.

Regularly review the works program in accordance with the levels of contribution received

and expended, and seek council adoption of these.

Regularly review the rates for contribution in accordance with construction costs, land

valuations, levels of demand, population and demographic changes and recommend to

council amendments where necessary.


Determine the appropriate time for provision of public facilities having regard to the works

schedule, the availability of funds, demand generated by development, the time funds

have been held, expected additional funds, alternative funding sources and maintenance

implications.

Monitor the implications arising from development including the demands created for

additional facilities for which contributions are not currently sought, the needs of specific

one off developments, the costs of development and land acquisition, the extent and type

of development and the effect of this on the works program.

Advise council of appropriate management, expenditure and policy implications regarding

development contributions including those arising from legal decisions and State

Government policy.

Determine the extent of recurrent costs and assess the implications to council to provide

these.

Assess whether a credit or reassessment of the contribution may be appropriate and how

that may be determined.

Prepare and make available the necessary information required by the EPA Regulation

including the Contributions Register, input to council annual financial reporting and the

annual statement for the contributions plan in force.

Seek legal advice, provide evidence and attend to Land and Environment Court hearings

on appeals relating to the imposition of contributions.

15.2 Apportionment

The future administration of the section 94 functions is solely for future development. The capital

costs associated with the administrative centre have been apportioned and separated from

other costs associated with the centre that house other council functions. There is no

apportionment of the capital costs associated with salaries, administrative and professional

costs. Incoming residential, commercial and industrial development will be responsible for these

costs.

15.3 Reasonableness


for future administration of this Plan is considered to be reasonable as it levies for the needs of

new residents and workers and ensures the equitable provision of facilities.

15.4 Works

The administration of the section 94 Contributions Plan is equivalent to a full time employee.

The work on the plan is mainly undertaken by staff in the planning and financial services units.

However, staffs from other units across Council regularly contribute to the management and

administration of the plan.

The salary cost for this work over the life of the plan is estimated at $125,000. The costs for

review of the plan and associated investigations in the future will have a total cost over the life of

the plan of $150,000.

There is no need to reduce the above works program by the funds already collected as such

funds have been spent as they have been are collected on an annual basis based on direct

salary and on-costs.






RP


2404

= $46 per person



CP


940

= $108 per employee or $2.35/ m


2 of GFA)



IP


1,412



2 of GFA)

Where:

TC = Total cost to increase the capacity of administration generated by new

residential development




AF = Rate of Residential / Commercial/ Industrial Usage (based on trip shown in

the Lismore Strategic Road Review (TTM Group, October, 2012)


Appendix A – Tucki Tucki Creek Corridor Acquisition Area


Appendix B – Location of Works

This report was prepared by:

GHD

230 Harbour Drive Coffs Harbour NSW 2450 T: (02) 6650 5600 F: (02) 6650 5601 E: [email protected]

© GHD 2014

This document is and shall remain the property of GHD. The document may only be used for the purpose for which it was commissioned and in accordance with the Terms of Engagement for the commission. Unauthorised use of this document in any form whatsoever is prohibited.

N:\AU\Coffs Harbour\Projects\22\16965\WP\15853.docx

Document Status

Rev No.

Author Reviewer Approved for Issue

Name Signature Name Signature Date

A M.Svikis S.Lawer S.Lawer 30/06/14

B M.Svikis S.Lawer S.Lawer 20/8/14

C M.Svikis S.Lawer S.Lawer S.Lawer S.Lawer 23/10/14

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