2.4 Paying the contribution

• Section 7.12 conditions of consent

• Section 7.12 complying development conditions.

The conditions specify the type of contribution payable (either a section s7.11 contribution or section 7.12 levy), the contribution amount payable, how the contribution amount will be indexed for inflation, when the contribution needs to be paid, and how to pay the contribution (acceptable payment methods).

2.4 Paying the contribution

Timing of payments

A monetary contribution required to be paid by a condition imposed on the development consent or the complying development certificate in accordance with this plan is to be paid at the time specified in the condition.

Generally, the condition will provide for payment as follows:

• For development where no further approvals are required (for example, a change of use where no building works are proposed) – before the development consent is issued.

• For development involving subdivision – the contribution must be paid prior to the release of the subdivision certificate (linen plan).

• For development not involving subdivision, but where a construction certificate is required – the contribution must be paid prior to the release of the construction certificate for any works authorising construction above the floor level of the ground floor.

• For works authorised under a complying development certificate – the contributions are to be paid before any work authorised by the certificate commences, as required by clause 157(2) of the EP&A Regulation 2021.

Deferred or periodic payments

Council will not accept the deferred or periodic payment of a monetary contribution or a levy imposed under this plan.

Indexation

A section 7.11 monetary contribution amount required by a condition of development consent imposed in accordance with this plan will be indexed between the date of the grant of the consent and the date on which the contribution is paid in accordance with quarterly movements in the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics.

Similarly, the proposed cost of carrying out development the subject of a section 7.12 levy is to be indexed between the date of the grant of the consent and the date on which the contribution is paid in accordance with quarterly movements in the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics.

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Payment method

Acceptable payment methods are summarised in the table below.

Table 5 Acceptable payment methods

Method Details

BPAY (preferred) Telephone and internet banking. Applicants should contact their bank or financial institution to make this payment from your cheque, savings, debit or transaction account. The invoice from Council will include the biller code and reference code needed to make the payment.

Credit card / debit card Log on to www.innerwest.nsw.gov.au/invoice. The reference is the same as the BPAY reference above. Please note that a fee of 0.75 per cent applies to credit cards. AMEX, Mastercard and Visa only.

In person

By mail

Council Customer Service Centre: Leichhardt (7-15 Wetherill St), Petersham (2-14 Fisher St) or Ashfield (260 Liverpool Rd).

Make cheque payable to ‘Inner West Council’ with a copy of your remittance to: PO Box 14 Petersham NSW 2049.

Refunds

Councils are not obligated under legislation to refund a development contributions payment. Nevertheless, Council may consider refunding a development contribution payment in either of the following circumstances:

• A consent is modified under section 4.55 of the Act resulting in a reduction in the contribution. In this case Council may refund the difference, or

• The applicant has not commenced the development and decides not to proceed with the consent, including cases where the consent has lapsed. In this case the applicant will need to surrender the consent in accordance with section 4.63 of the Act.

In both cases, Council will only consider refunding the contribution if:

• Council considers the refund won’t materially impact on Council’s cash flow and ability to deliver the works in the works schedule in Appendix I.

• the applicant applies for the refund in writing to Council within 12 months (except in exceptional circumstances) of paying the contribution for which the refund is sought.

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