An applicant may request Council to reconsider the requirement for development contributions under S199A of the Local Government Act 2002, if the applicant has grounds to believe that:
- The development contribution was incorrectly calculated or assessed under the Council’s Development Contribution Policy; or
- Council incorrectly applied its Development Contributions Policy; or
- The information used to assess the person’s development against the Development Contributions Policy, or the way Council has recorded or used it when requiring a development contribution, was incomplete or contained errors.
If a reconsideration is sought in relation to grounds a) or b), no fee will be charged. If a reconsideration is sought on ground c), if the information used to assess the person’s development against the policy is incomplete or contains errors and these errors are attributable to the applicant, a fee of $255 GST will be charged.
A request for reconsideration must be made within 10 working days after the date on which the person lodging the request received notice from Council of the level of development contributions Council requires; and the request for reconsideration must either be in writing, or by completing the form for Reconsideration of Development Contributions (below) and emailing the completed form to email@example.com.
Please refer to the 2021 Policy on Development Contributions and Financial Contributions(PDF, 869KB) for more details on how to request a reconsideration, and the process that follows the receipt of a reconsideration.
If the applicant is not satisfied with the outcome of the reconsideration, they may lodge an objection as specified in the LGA, sections s199C to s199N. The right to object does not apply to challenges to the content of the Policy, and can only be made on the ground that Council has:
- Failed to properly take into account features of the objector’s developments that, on their own or cumulatively with those of other developments, would substantially reduce the impact of the development on requirements for community facilities; or
- Required a development contribution for community facilities not required by, or related to, the objector’s development, whether on its own or cumulatively with other developments; or
- Required a development contribution in breach of section 200 of the LGA; or
- Incorrectly applied its development contribution policy to the objector’s development.
Council requires a deposit of $2,750 GST prior to commissioner(s) being selected, with the balance to be paid on invoice. The LGA allows for the full cost of the hearing and/or the administration and Commissioner costs associated with the objection to be paid by the objector.
Any objection must be lodged with the Council within 15 working days of receiving notice to pay a development contribution, or, in the case where a request for reconsideration has been considered, within 15 working days of receiving the outcome of any request for reconsideration; and the objection must either be in writing, or by completing the form for Objection to Development Contributions (below) and emailing the completed form to firstname.lastname@example.org.
Please refer to page 12 and 13 of the 2021 Policy on Development Contributions and Financial Contributions(PDF, 869KB) for more details on how to make an objection, the costs incurred by the objector, and the process that follows the receipt of an objection.