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Developer contributions are payments made by developers to enable Council to provide public amenities and services required for new residents and businesses.

These contributions apply to future development and are imposed as a condition of development consent or complying development in accordance with a contributions plan.  Contributions can be satisfied by:

1. A monetary contribution
2. Dedication of land
3. A material public benefit; or
4. A combination of some or all of the above.

In addition, Council can enter into a planning agreement with a developer as a means of delivering public facilities and infrastructure or to provide public services as required by a development consent.

Section 7.11 and Section 7.12 contributions do not include contributions for water and sewer infrastructure.  Contributions toward this infrastructure is applied under Section 64 of the Local Government Act.

The primary purpose of a Contributions Plan is to enable Council, a planning panel or accredited certifier to impose conditions on a development consent or complying development that require section 7.11 contributions or section 7.12 fixed rate levies from development to which the plan applies.

Contribution plans are prepared in accordance with the Environmental Planning and Assessment Regulation 2000 and have regard to the latest practice notes issued by the Secretary of the NSW Department of Planning and Environment.

The plans aim is to simplify the contributions framework which will be easier to implement, easier to monitor and report on progress and easier to review and update in future.  It will also assist developers and the community by providing a plan that is easier to understand and more consistent.

The Kempsey Local Infrastructure Contribution Plan applies to the Kempsey Local Government Area excluding South West Rocks.

There are two contributions plans that apply to South West Rocks which will remain in force until a further review of these plans is undertaken.

The Kempsey Local Infrastructure Contribution Plan will repeal six contribution plans:

• Local Roads and Traffic Infrastructure Developer Contribution Plan (2009)
• Kempsey Town Centre Public Domain Section 94 Developer Contribution Plan (2010)
• Section 7.11 Contributions Plan for Outdoor Recreation (2001)
• Section 7.11 Contributions Plan for Stormwater Drainage
• Section 7.11 Contributions Plan for Off-Street Carparking

• Section 94 Contribution Plan – Project Administration is not repealed by this plan, and it will continue to apply to the same land where the South West Rocks Section 94 Contributions Plan 2008 and South West Rocks Section 94A Contributions Plan 2009 applies. However, for the avoidance of doubt, the Section 94 Contribution Plan – Project Administration will not apply to any development that is levied a contribution under this plan.

At the conclusion of public exhibition, Council will review all submissions and determine what amendments are required to the Kempsey Local Infrastructure Contribution Plan, Planning Agreement Policy and Works in Kind Policy.  Once the necessary amendments are made, the Kempsey Local Infrastructure Contribution Plan, Planning Agreement Policy and Works in Kind Policy will be reported to the Ordinary Meeting of Council for endorsement.