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2.5 Obligations of registered certifiers
2.5 Obligations of registered certifiers
Complying development
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Some types of development may be classified as ‘complying development’ under an environmental planning instrument, for example, Council’s local environmental plan (LEP) or a state environmental planning policy (SEPP).
Complying development is a combined planning and construction approval for development proposals that have a predictable and/or minor impact. They can be determined through a fast-track assessment by a council or a registered certifier, without a development application. Applicants can choose to apply to either the council or a registered certifier.
This plan applies to complying development. If a proposed development is classified as complying development and applicants apply for a complying development certificate through a private registered certifier, the certifier is responsible for determining the complying development application in accordance with this plan.
This includes:
• Determining the contribution type, that is, whether a section 7.11 contribution or section 7.12 levy is required for a development, per section 2.1 of this plan
• Calculating either the section 7.11 contribution or section 7.12 levy, per section 2.2
• Imposing the contribution, per section 2.3
However, there are special requirements for complying development in relation to excluded development and determining the development cost for the purpose of determining if a section 7.12 levy is required and then calculating the levy. These special requirements are outlined below.
Excluded development
Certain types of development may be excluded from the need to pay a contribution under this plan in accordance with section 2.1. Certifiers must obtain Council’s written confirmation a development is excluded before excluding the development. A certifier must not exclude a development from the need to pay a contribution under this plan if Council’s written confirmation is not obtained.
Determining the development cost
As outlined in section 2.1, a section 7.11 contribution is required for a development if it will result in a net population increase; a section 7.12 is required if it will not result in a net population increase and the development cost is determined by Council to be more than $200,000.
If the development will not result in a net population increase, applicants must complete the relevant development cost summary form if the development cost is more than $150,000 and submit this to Council for verification (to assess if the development cost is over $200,000). Registered certifiers must not calculate the section 7.12 levy unless they have obtained a copy of Council’s written verification of the development cost.
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All other steps that need to be followed in applying this plan to complying development are the same as for other development types that are not classified as complying development.
If a section 7.11 contribution or section 7.12 levy is required, registered certifiers must calculate the contribution in accordance with this plan and impose a condition in the complying development using the relevant proforma condition in Appendix C.
Registered certifiers must notify Council of their determination of the complying development application within two (2) days of making the determination, in accordance with section 141(4) of the Environmental Planning and Assessment Regulation 2021.
Applicants must pay their contribution before commencing the complying development works.
Applicants need to lodge a development application for most other development that is not complying development. If the consent authority grants consent to the development application and a development contribution under this plan is required, the consent authority will impose a condition requiring the contribution using the relevant proforma condition in Appendix C.
The proforma condition requires that the monetary contributions must be paid to Council:
• if the development is for subdivision – prior to the issue of the subdivision certificate
• if the development is for building work – prior to the issue of the first construction certificate
• if the development involves both subdivision and building work – prior to issue of the subdivision certificate or first construction certificate, whichever occurs first
• if the development does not require a construction certificate or subdivision certificate –prior to the works commencing.
If a subdivision certificate or construction certificate is required, applicants can apply for this from Council or, for certain development, from a private registered certifier.
In cases where a subdivision certificate or construction certificate is required, and applicants apply for this from a private registered certifier, the certifier must ensure that the condition is complied with before issuing the certificate.
In particular, the certifier must ensure the applicant provides the receipt (or receipts) issued by Council confirming contributions have been fully paid. Additionally, certifiers must include copies of the receipts with copies of the certified plans submitted to the Council in accordance with clause 141(4) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid and expose the certifier to legal action.
The only exceptions to the requirement are where works in-kind, material public benefit, dedication of land and / or deferred payment arrangement has been agreed by the Council. In such cases the Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.
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