Application for an Exemption or Partial Exemption from S94A Levy

3(9$#(9$3:/!Development Application No. ____________________ Reference: ____________________Complying Development Certificate Application No. ________________________________Construction Certificate No. _______________________ Date: _______________________Applicant’s Name: _____________________________________________________________Applicant’s Address: __________________________________________________________Development Name: ___________________________________________________________Development Address: ________________________________________________________Reason for Exemption:Tick applicable box1. The development is for the purposeof disabled access.2. The development is for the solepurpose of providing affordablehousing.3. The development is for the purposeof reducing a building’s use of potablewater (where supplied from watermains) or energy.4. The development is for the solepurpose of the adaptive reuse of anitem of environmental heritage.5. The development is on an allotmentof land where a section 94 contributionwas required when the land wassubdivided.6. The development is for alterationsand additions to an existingdevelopment that was required to makea section 94 contribution when originallyapproved (other than a section 94contribution for car parking).7. The development is a stageddevelopment within the meaning ofDivision 2A of Part 4 of the EP&A Act,where section 94A levies can be fullyrecovered from the subsequent DAs.Full DAexemptionPartialexemptiononlySupporting DocumentationRequiredDescribe development to beexemptedEvidence that development will beused as affordable housingDescribe development to beexemptedShow that property is heritage listedor approved for listingEvidence of previous section 94contributions paidEvidence of previous section 94contributions paidShow that development will not becapable of being carried out withoutfurther DAs !"# $%&'()*+,&'(-./---&'(-./012%&'(3 )++425(2++++$2+44467,8

Page 2 of 3Reason for Exemption:Tick applicable box8. The development has been excludedfrom section 94A levies under aplanning agreement, pursuant tosection 93F(3)(d) of the EP&A Act.9. The development is for granny flathousing.10. The development is for seniorshousing (including housing for peoplewith a disability) and the applicant is theDepartment of Housing, a localgovernment housing provider or acommunity housing provider.11. The development is workundertaken for a charitable purpose orby a registered charity.12. The development is for a place ofpublic worship, public hospital, policestation, fire station or emergencyservices facility.13. The development is for a school,child-care facility, library or othercommunity or education facility.14. The development is for the purposeof public open space or recreationfacilities, a public transport facility or apublic infrastructure facility.Full DAexemptionPartialexemptiononlySupporting DocumentationRequiredEvidence of planning agreementDescribe development to beexemptedShow that development is seniorshousing and evidence that applicantis an eligible community housingproviderEvidence of charitable status ofrecipientShow why development is withinexempted categoryShow why development is withinexempted categoryShow why development is withinexempted categoryThe supporting documentation required has been attached tothis application:YESNOSigned: ____________________________________Name: ____________________________________Position and Qualifications: ____________________________________Date: ____________________________________

Page 3 of 3Note: Development that is exempt from the section 94A levySection 3.9 of Rockdale Section 94A Development Contributions Plan 2008 sets out the types ofdevelopment that are exempt from the section 94A levy. These provisions are reproduced below.3.9 What development is exempt from the levy?3.9.1 Development exempted by Ministerial directionSection 94E(1)(d) of the EP&A Act authorises the Minister for Planning to direct consent authoritiesas to the type of development in respect of which a condition under section 94A may be imposed.Under these provisions the Minister has specified that the levy will not apply to development:• where the proposed cost of carrying out the development is $100,000 or less,• for the purpose of disabled access,• for the sole purpose of providing affordable housing,• for the purpose of reducing a building’s use of potable water (where supplied from water mains)or energy,• for the sole purpose of the adaptive reuse of an item of environmental heritage, or• that has been the subject of a condition under section 94 under a previous development consentrelating to the subdivision of the land on which the development is to be carried out.3.9.2 Other development exempted from the levyThis plan also exempts the following additional developments from application of the section 94Alevy:• Alterations and additions to existing developments that were required to make full section 94contributions when originally approved (other than section 94 contributions for deficiency in carparking).• Staged development applications within the meaning of Division 2A of Part 4 of the EP&A Act(often referred to as ‘master plan’ development applications), but only where section 94contributions or section 94A levies can be fully recovered from the subsequent developmentapplications. (A master plan development application that incorporates a full developmentapplication for the first stage of the development will still be required to make any developmentcontributions applicable to that first stage.)• All developments within the Cooks Cove site that are the subject of a planning agreementbetween the developer of this area and Council.• Granny flat housing.• Seniors housing (including housing for people with a disability) where the applicant is theDepartment of Housing, a local government housing provider or a community housing provider.• Work undertaken for a charitable purpose or by a registered charity.• Places of public worship, public hospitals, police and fire stations and other emergency services.• Child-care, libraries and other community or education facilities.• Public open space and recreation facilities, public transport facilities, public infrastructurefacilities.Where an applicant considers that the proposed development, or a part of the proposeddevelopment, is exempt, or should be exempt, from the section 94A levy by reason of a Ministerialdirection or an exemption specified in this section of the plan, they may submit to Council, atdevelopment application stage (or at any other stage prior to the time when the levy would normallybe payable), an application for an exemption giving reasons and providing any necessary evidencefor the exemption. A sample exemption application form is provided in Schedule 6 of this plan.