Mosman Section 94 Development Contributions Plan 2006 · Residential Development Typical Occupancy...

MOSMAN SECTION 94 DEVELOPMENT

CONTRIBUTIONS PLAN 2006

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Mosman Section 94 development contributions plan 2006 1. Part A – Summary schedules The following summary schedules are included in this plan: • Works program • Contributions category • Contributions by development type These are provided as summary tables only. More details are contained in Parts C and D of the plan. 1.1 Summary works program FACILITY SCHEDULE OF WORKS

COST SUMMARY

TIMING/THRESHOLDS

Car Parking • Provision of 77 additional parking spaces in the

Harbour/Vista Street carpark (refer Part D)

• $1770000*

Open Space:

• Land acquisition (refer schedule in Part C) • Embellish existing parks, bushland and open space

(refer schedule in Part C)

• $5045208

$252913

• Harbour/Vista Street Parking

constructed 1998 with contributions to recoup cost of construction

• Acquisition and embellishment of open space based on period 2001-2011 and recoup other open space costs from 1995 to present.

TOTAL • $7068121 Notes: * Carpark costs are quoted in full and do not reflect discounted rate adopted by Council and applied since 1996 and open space embellishment costs have been apportioned at rate of 5.24%.

1.2 Summary schedule – contributions by category SUB-PLAN BASE

Open Space Per Person $7063 Car Parking Per Space $22938.00

Notes: Due to the size and nature of Mosman the entire LGA is considered to be a single catchment.

1.3 Summary schedule – contribution rates by development type CONTRIBUTION RATES Residential Development Typical Occupancy Contribution Residential flats/medium density

1-bedroom dwelling 1.27 persons/dw $8970

2-bedroom dwelling 1.69 persons/dw $11936 3 bedroom dwelling 2.15 persons/dw $15185 4 or more bedroom dwelling 2.78 persons/dw $19635

Detached dwelling house 1-bedroom dwellling house

1.66 person/dw $11724

2-bedroom dwelling house 1.95 persons/dw $13772 3-bedroom dwelling house 2.63 persons/dw $18575 4-bedroom dwelling house 3.4 persons/dw $24014

5 or more bedroom dwelling house 3.89 persons/dw $27475 Semi-detached dwelling 1 bedroom semi

1.24persons/dw $8758

2 bedroom semi 1.95 persons/dw $13772 3 bedroom semi 2.49persons/dw $17586 4 bedroom semi 3.12 persons/dw $22036

5 or more bedroom semi 3.39 person/dw $23943 Subdivision 3.4 persons/dw $24014 Commerical and Retail Development - $22938.00 per

space

Mosman Council Section 94 Development Contributions Plan 2006

Notes: 1. The figure for subdivision assumes a four bedroom dwelling house per subdivided lot unless the subject development

application approves a different form or size of development. 2. The contribution payable will be calculated on the number of new dwellings. 3. In the case of dwellings which do not have identified bedrooms e.g. bedsitters and studio type dwelling the contribution

is calculated by reference to the relevant dwelling type, occupancy rate and contribution rate per person.

2. Part B – Administration and operation of the plan 2.1 What is the name of this development contributions plan? This development contributions plan is called the Mosman Section 94 Plan Development Contributions Plan 2006. This plan amends and consolidates previous plans for Public Carparking in the Spit Junction Town Centre, 2003 and Open Space, 2003. 2.2 Area the plan applies This plan applies to land within the local government area of Mosman shown shaded on the Catchment Plan at Annexure 1 to this Plan. 2.3 What are the purposes of this development contributions plan? The purpose of the Development Contributions Plan is to: (a) provide an administrative framework under which specific public facilities strategies may be implemented

and coordinated

(b) ensure that adequate public facilities are provided for as part of any new development

(c) authorise the council to impose conditions under section 94 (s94) of the Environmental Planning and Assessment Act 1979 when granting consent to development on land to which this plan applies

(d) provide a comprehensive strategy for the assessment, collection, expenditure accounting and review of development contributions on an equitable basis

(e) ensure that the existing community is not burdened by the provision of public amenities and public services required as a result of future development

(f) enable the council to be both publicly and financially accountable in its assessment and administration of the development contributions plan.

2.4 Commencement of the plan This development contributions plan has been prepared pursuant to the provisions of s94 of the EP&A Act and Part 4 of the EP&A Regulation and takes effect from 13 October 2006 2.5 Relationship with other plans and policies This development contributions plan repeals the Mosman Section 94 Contributions Plan - Public Carparking in the Spit Junction Town Centre and Mosman Section 94 Contributions Plan - Open Space. This plan only levies contributions from a limited area of the Mosman Local Government Area, as shown on the Catchment Plan at Annexure 1. For developments in other parts of the Mosman Local Government Area, refer to the Mosman Section 94A Contributions Plan. The development contributions plan supplements the provisions of the Mosman Local Environmental Plan 1998 and any amendment or local environmental plan which may supersede it. 2.6 Definitions See Appendix 1 - Definitions. 2.7 When is the contribution payable? A contribution must by paid to the council at the time specified in the condition that imposes the contribution. If no such time is specified, the contribution must be paid prior to the issue of a construction certificate or complying development certificate.

Mosman Council Section 94 Development Contributions Plan 2006 2.8 Construction certificates and the obligation of accredited certifiers In accordance with section 94EC of the Act and Clause 146 of the Regulation , a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of monetary contributions has been satisfied. In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that contributions have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the council in accordance with clause 142(2) of the Regulation. Failure to follow this procedure may render such a certificate invalid. The only exceptions to the requirement are where a works in kind, material public benefit, dedication of land or deferred payment arrangement has been agreed to by the council. In such cases, council will issue a letter confirming that an alternative payment method has been agreed with the applicant. 2.9 Complying development and the obligation of accredited certifiers In accordance with s94EC(1) of the Act, accredited certifiers must impose a condition requiring monetary contributions in accordance with this development contributions plan which satisfies the following criteria:

• Compliance with relevant provisions of Mosman Development Control Plan - Exempt and Complying Development

The conditions imposed must be consistent with council's standard section 94 consent conditions and be strictly in accordance with this development contributions plan. It is the professional responsibility of accredited certifiers to accurately calculate the contribution and to apply the section 94 condition correctly. 2.10 Deferred/periodic payments Deferred or periodic payments may be permitted in the following circumstances:

(a) compliance with the provisions of Clause 2.7 is unreasonable or unnecessary in the circumstances of

the case, (b) deferred or periodic payment of the contribution will not prejudice the timing or the manner of the

provision of public facilities included in the works program, (c) where the applicant intends to make a contribution by way of a planning agreement, works-in-kind or

land dedication in lieu of a cash contribution and council and the applicant have a legally binding agreement for the provision of the works or land dedication,

(d) there are circumstances justifying the deferred or periodic payment of the contribution. If council does decide to accept deferred or periodic payment, council may require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on condition that:

• the bank guarantee be by a bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security

• the bank unconditionally pays the guaranteed sum to the council if the council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work

• the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development

• the bank's obligations are discharged when payment to the council is made in accordance with this guarantee or when council notifies the bank in writing that the guarantee is no longer required

• where a bank guarantee has been deposited with council, the guarantee shall not be cancelled until such time as the original contribution and accrued interests are paid.

2.11 Can the contribution be settled “in-kind” or through a material public benefit? The council may accept an offer by the applicant to provide an “in-kind” contribution (i.e. the applicant completes part or all of work/s identified in the plan) or through provision of another material public benefit in lieu of the applicant satisfying its obligations under this plan. Council may accept such alternatives in the following circumstances:

(a) the value of the works to be undertaken is at least equal to the value of the contribution that would

otherwise be required under this plan; and (b) the standard of the works is to council’s full satisfaction; and


(c) the provision of the material public benefit will not prejudice the timing or the manner of the provision of public facilities included in the works program; and

(d) the provision of the benefit does not give rise to the need or an expectation for works not otherwise included in this plan.

The value of the works to be substituted must be provided by the applicant at the time of the request and must be independently certified by a Quantity Surveyor who is registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate equivalent qualifications. Council will require the applicant to enter into a written agreement for the provision of the works. Acceptance of any such alternative is at the sole discretion of the council. Council may review the valuation of works or land to be dedicated, and may seek the services of an independent person to verify their value. In these cases, all costs and expenses borne by the council in determining the value of the works or land will be paid for by the applicant.

2.12 Review of contribution rates To ensure that the value of contributions are not eroded over time by movements in the CPI, land value increases, the capital costs of administration of the plan or through changes in the costs of studies used to support the Plan, the council will review the contribution rates. The contribution rates will be reviewed by reference to the following specific indices: • construction costs by the annual movement to March Sydney All Groups CPI as published by ABS

• changes in the capital costs of various studies and activities required to support the strategies in the plan by reference to the actual costs incurred by council in obtaining these studies .

In accordance with clause 32(3)(b) of the Regulation, the following sets out the means that the council will make changes to the rates set out in this plan. For Changes to the Consumer Price Index, the contribution rates within the plan will be reviewed on a quarterly basis in accordance with the following formula:

$CA + $CA x CPI2 CPI1

Where $CA = the contribution at the time of adoption of the plan expressed in dollars; CPI2 = the Consumer Price Index All Group Index Number for Sydney at the time of the review

of the contribution rate CPI1 = the Consumer Price Index All Group Index Number for Sydney at the date the original

development cost was estimated by Council. Note: In the event that the Current CPI2 is less than the previous CPI1, the Current CPI2 shall be taken as not less than the previous CPI1. 2.12.1 How are contributions adjusted at the time of payment?

The contributions stated in a consent are calculated on the basis of the s94 contribution rates determined in accordance with this plan. If the contributions are not paid within the quarter in which consent is granted, the contributions payable will be adjusted and the amount payable will be calculated on the basis of the contribution rates that are applicable at time of payment in the following manner:

$CP = $ CDC + [$ CDC x ($ CQ -$ CC)] $ CC Where

$ CP is the amount of the contribution calculated at the time of payment $ CDC is the amount of the original contribution as set out in the development consent $ CQ is the contribution rate applicable at the time of payment $ CC is the contribution rate applicable at the time of the original consent


2.13 Are there allowances for existing development? Contributions for open space will be levied according to the estimated increase in demand. An amount equivalent to the contribution attributable to any existing (or approved) development on the site of a proposed new development will be allowed for in the calculation of contributions for open space. In assessing the contribution of existing development for open space purposes the occupancy rates per dwelling contained in Part C will be used to calculate the net increase in the population in the development. Where a development does not fall within any of the items noted in the occupancy rate table, the council will determine the credit on the basis of the likely demand that the existing development would create. For parking - an allowance will only be made for the existing development in the case of minor alterations or additions. In circumstances where a site is being fully redeveloped or extensively changed, the new building should comply fully with the carparking requirements of Mosman Transport Development Control Plan or a contribution will be levied for the shortfall. For further details, see Part D of this Plan. 2.14 Pooling of contributions This plan expressly authorises monetary s94 contributions paid for different purposes to be pooled and applied (progressively or otherwise) for those purposes. The priorities for the expenditure of the levies are shown in the works schedule. 2.15 Savings and transitional arrangements A development application which has been submitted prior to the adoption of this plan but not determined shall be determined in accordance with the provisions of the plan which applied at the date of determination of the application. 3. Part C - Open Space C1 Development which creates accommodation for additional resident population, are considered to

increase the demand for open space and are therefore required to contribute to the cost of increasing the supply and improving the quality of open space. All development for multiple dwellings, including housing for older people and people with a disability, which provides additional residential accommodation, is considered to create a demand for increased and improved open space proportionate to the increased population created.

C2 In the last inter-censal period (1996-2001) the population of Mosman increased by 1.5% (compared with

2.3% for the preceding period). It is expected that an increase in population of at least this rate will continue as residential development continues (see figures for increased dwelling stock below):

Year 1991 1996 2001 2005

Population 26826 27452 27851 28420 Source: ABS Similarly, the dwelling stock has been increasing slowly but constantly:

Year 1991 1996 2001 Dwellings 11925 12132 12650

Source: ABS C3 In accordance with this the proportion of dwelling stock which is detached houses has declined from

39.2% in 1981, to 37.8% in 1996, and again to 36.8% in 2001. Predictably, the dwelling occupancy ratio varies with the type of dwelling and the number of bedrooms. The table below, taken from the 2001 Census figures, sets out the number of persons per dwelling ("the occupancy rate") by which the population increases for each type of dwelling based on the number of bedrooms each dwelling contains. The local open space contribution for each new development is calculated by multiplying the relevant occupancy rate with the contribution rate which is determined and described below.

Occupancy Rate (2001 Census)


Bedrooms Dwelling House Semi-detached dwelling

Other multiple dwellings

0 1.00 1.00 1.14 1 1.66 1.24 1.27 2 1.95 1.89 1.69 3 2.63 2.49 2.15 4 3.40 3.12 2.78

5+ 3.89 3.39 2.47 Source: ABS C4 Since the 1996 Census, dwelling approvals have totalled about 880 (to June 2005) equating

approximately to a net dwelling stock increase of 660. The net dwelling stock increase per year has been about 60 dwellings and this is expected to continue over the next five years (DUAP Metropolitan Urban Development Program 2000). The rate of dwelling house replacement (usually by a building of greater floor space) has been about 15 per annum.

C5 The likely continued increase in residential development and the likely decline in the proportion of

detached dwelling houses will comprise of such development (i.e. more multiple dwelling buildings), it is reasonable to expect that an annual population increase of 150 (1500 over 10 years) will occur. Future Mosman: 2088 in 2020 envisages a population of about 30000 with increases in dwelling numbers about the same as has been the case over the past 10 years.

Open Space Provision C6 Trends in the provision of local and regional open space in Mosman are indicated in the table below: Open Space in Mosman (Ha)

1962 1972 1982 2000 Local 71.7 85.6 63.4 63.8 Regional 57.4 57.4 77.3 116.2*

* Includes Taronga Zoo, SHFT and Sydney Harbour National Park C7 While the total per capita open space provision seems generous, the rate of provision is distorted by the

inclusion of Taronga Zoo, SHFT and Sydney Harbour National Park, the latter two which are mostly bushland, as regional open space. In fact, in terms of per capita local open space provision, Mosman was ranked 30th of the 40 local government areas by the Department of Urban Affairs and Planning in 1982 and fourth last for the provision of playing fields. Since that time little improvement has been made in the per capita rate of local open space provision in 2000 being 2.20 hectares per thousand people.

Nexus C8 With the population expected to increase by 150 per year, it is necessary to increase the supply and

embellish local open space by about 3480 sqm. per year to maintain the current standard of local open space in Mosman.

Land Acquisition and Works Program C9 Clause 27(h) of the Regulation 2000 requires that a contributions plan must include a map showing the

specific public amenities and services proposed to be provided by the Council (Annexure 2 Embellishments and Acquisitions)supported by a works schedule that contains an estimate of their cost and staging (whether by reference to dates or thresholds). In addition, section 94(3) allows the imposition of conditions in accordance with a section 94 contributions plan in order to recoup the cost of public amenities or public services provided prior to the commencement of a plan. These particulars are shown in the Schedule below.

Apportionment C10 Mosman is a small local government area, covering only 853 hectares with an estimated population of

28420 (2005). Accordingly additional land acquired or embellishments made to open space are available for, and convenient to, the entire population of the local government area.

Mosman Council Section 94 Development Contributions Plan 2006 C11 The basis of this plan is that development which increases population should fund land acquisition for

additional open space to prevent or at least minimise the reduction in the current per capita standard of provision.

C12 Expenditure incurred in the embellishment of existing open space is attributed to broad community

demand for the provision of this service. A resident satisfaction survey (February 2000) confirmed that there exists a demand among Mosman residents for improvements in the provision of open space embellishments (and the recoupment of some of the cost of prior expenditure) is to be apportioned to increased population from new development in relation to the total population of Mosman. The expected population increase in Mosman over the period of this plan (10 years) is 1,500, which is 5.24% of the population in 2000 (28,652). The apportionment of costs of open space embellishment should therefore continue to be on this basis, with the majority of funds being paid for by the broad community using sources of funds other than section 94 contributions.

Calculation of Contribution Rates C13 Clauses 27(d) and (e) of the Regulation require that a contributions plan must include particulars of the

formulas to be used for determining the section 94 contributions required for different categories of public amenities and services and the contribution rates for different types of development.

C14 The contribution payable for open space under this plan consists of two components:

• the cost of land acquisition to increase the amount of open space which is to be funded over a 10 year period (2001 to 2011); and

• the cost of open space embellishment to improve the quality and usefulness of existing open space.

The contribution rate per person is calculated by reference to the Schedule of this plan as follows: ACQUISITION C15 $5045208 (Items 1,2 and 2a) divided by 750 (population increase for the remaining duration of the plan)

i.e. $6726 (for the current year) plus EMBELLISHMENT C16 $4826603 (Items 3-36) x 5.24% (proportion of embellishment to be borne by development) divided by

750 (population increase for the remaining years of the plan) i.e. $337 (for the current year). C17 The resulting total figure is multiplied by the occupancy rate of each development. Based on the

Schedule the contribution rate per person is $7063. C18 The contribution payable relates to the net increase in population, so credit is given to existing

development on the basis of the occupancy rate. C19 Torrens subdivisions which create a new residential allotment are assessed on the basis of a dwelling

house containing 4 bedrooms unless accompanied by a development application for a dwelling house of lesser or greater size.

Schedule C20 The schedule under this plan consists of land acquisition for additional open space, embellishment of

existing open space and recoupment of some costs of embellishment completed prior to the commencement of this plan.

Land Acquisition

1 Mosman Bowling Club (1998 to 2011) $2286125 2 Julian Street (2002 to 2011) $1035580 2a Cross Street Drill Hall Precinct (2006-2011) $1723503 Total Land Acquisition $5045208


Recoupment of Prior Expenditure

3 Balmoral Oval Amenities (1995 to 1996) $113502 4 Reservoir Park Landscaping (1996 to 1999) $139948 5 Little Ashton Park Bushland Regeneration (1999 to 2000) $123372 6 Skate facility, Balmoral (2005) $250000 7 Landscape improvements -Welcome Wall; Civic Centre Gardens

and irrigation; Bathers' Pavilion Landscape upgrade (2005) $53500

8 Artists' Walk Interpretation Study (2005) $38595 9 Cricket Ovals sight screens (Allan Border/Rawson Ovals) (2005) $17000 10 Mosman Bicycle Strategy (2005) $20000 11 Mosman Park Plan of Management (2005) $13120 12 Pedestrian Safety Balmoral Reserve (Raglan Street) (2006) $30000 13 Flora and fauna surveys (2000 and 2001) $78416 14 Balmoral Oval floodlight upgrade (2003) $66620 15 Clifton Gardens Management Framework (2003) $36815 16 Clifton Gardens Interpretation Study (2005) $20000 17 Recreation Needs Study (1999-2000) $15421 Total Recoupment Prior Expenditure $1016309

Playground Construction 1999-2005

18 Balmoral $101625 19 Sirius Park $55348 20 Memorial Park $53433 21 Memory Park $94585 22 Countess Park $78416 23 Reid Park $118243 24 Bay Street $107138 25 Currughbeena Park $104646 Total Playground Construction 1999-2005 $713434

Proposed Open Space Embellishment

26 Rawson Park Landscaping $80000 27 Flora and fauna survey (2006) $35000 28 Bushland regeneration (2000-2006) $616860 29 Playgrounds - capital development (2005-2007) $930000 30 Balmoral BMX Track $300000 31 Mosman Bicycle Strategy capital works (2005-2011) $450000 32 Balmoral to Zoo Wharf Cycle path $70000 33 Bushland - unmade roads program (2006-2011) $300000 34 Allan Border Oval drainage $30000 35 Balmoral Oval Stormwater Re-use (2006-2011) $250000 36 Clifton Gardens Foreshore Improvements (2006-2007) $35000 Total Proposed Embellishment $3096860 Total (Recoupment and Embellishment) $4826603 Grand Total $9871811

Mosman Council Section 94 Development Contributions Plan 2006 PART D - CARPARKING D1 Council has for many years provided public parking in various locations in and around the commercial

centres of Mosman. In response to demand for additional public carparking, particularly arising from development pressure at Spit Junction, a review of options was undertaken in conjunction with a study in 1995 by consultants Colston, Budd, Hunt & Twiney Pty Ltd. This study of Mosman and Spit Junction Business Centres was used to determine: • current parking demands; • current use of existing off-street parking facilities; • mode of travel to shopping centres by employees, shoppers and visitors; and • future parking requirements.

D2 At the time, the study estimated future demand based on potential additional floor space of 310 spaces

for the Spit Junction Business Centre and identified several possible sites for the provision of additional parking. Each site was within reasonable walking distance of the perimeter of the catchment. Council resolved to develop additional parking at the Harbour Street Carpark site. Since 1996 development in the Spit Junction Area has involved alterations to existing business premises and major redevelopments for mixed uses. Typically the residential component of the parking has been met on the subject sites while unmet requirements for parking have been met by means of levies in lieu. Over the ten years of its operation an average of five spaces per year have been provided for in this manner and it is expected that the remaining supply will cater for expected demand for a further ten years.

Harbour Street Site D3 The Harbour Street Carpark site was the subject of a joint development for the purposes of a residential

building and 190 public carparking spaces at ground and four basement levels. A total of 77 additional public carparking spaces was provided in addition to those which had previously been available on the site. Public access to the pubic carpark is via the Vista Street frontage.

Contribution Rate D4 Council bore the cost of construction and provision of the additional carparking spaces when the

building was constructed in 1998. At the time the cost per space was calculated by dividing the cost of the new spaces by 77 (being the number of additional spaces provided). The 1996 figure for construction of $1.77 million is therefore divided by 77 to arrive at a cost per space of $23000. This cost did not include costs associated with embellishments, security, lifts, landscaping, studies used in the preparation of this plan, land cost component and administrative costs.

D5 The Section 94 Plan for Public Carparking in the Spit Junction Town Centre was adopted by Council on

18 June 1996. At that time Council determined to discount the cost per space to $18000 and this has been adjusted by CPI and at the time of preparation is $22938 per space.

Nexus D6 Although Council provides a number of public carparks throughout its business centres, contributions

may only be accepted for properties included in the area shaded on Annexure 3 Properties on which S.94 Parking Contributions Can Be Accepted. This area includes sites which are within reasonable walking distance of the Harbour Street site.

Calculation of Contributions D7 Under the Mosman Transport Development Control Plan (“the Transport DCP”), all residential development is required to provide parking on site in accordance with the Parking Rates set out at Section 2.2 of that Plan. On-site provision of carparking is also preferred for commercial uses where practicable. Therefore contributions for carparking will only be levied for commercial uses or for the commercial component of mixed use developments where the developer elects not to provide the full number of carspaces required on site. The amount of the contribution will reflect the difference between the number of car spaces required for the commercial use, and the number of carspaces actually provided on site for commercial use, calculated in accordance with the following table:. .

Parking Rates

D8 Parking facilities and monetary contributions in lieu of facilities not provided on site will be calculated in accordance with Council's Development Control Plan. The required rates of provision for various landuses are listed in the table below.

Mosman Council Section 94 Development Contributions Plan 2006 Land Use Minimum Parking Requirements Note Residential

Bed and breakfast establishment

1 space per guest room in addition to the parking for the dwelling house.

Parking should be sited behind the front building line and suitably screened in order to maintain residential character.

Boarding house On merit Traffic and Parking Impact Study required. Assessment should consider nature of dwelling and its proposed residents as well as number of staff.

Dwelling house No minimum or maximum parking provision applies.

Garage space in excess of 36 sqm constitutes gross floor area in floor space ratio calculations.

Semi-detached dwelling

1 space per dwelling Garage space in excess of 18 sqm constitutes gross floor area in floor space ratio calculations.

Multiple dwellings 1 space per 1 bedroom 1.5 spaces per 2 bedroom 2 spaces per 3 bedroom 1 visitor space per 4 dwellings For multiple dwellings less than 200 metres (actual walking distance) from Spit and Military Roads or ferry wharves: 1 space per 1 bedroom 1.2 spaces per 2 bedroom 1.5 spaces per 3 bedroom 1 visitor space per 4 dwellings

Garage space in excess of the specified parking requirement constitutes gross floor area in floor space ratio calculations. Parking for people with a disability – refer Section 2.3. Bicycle Parking: 1 space per 4 dwellings – refer to Section 2.4 Motorcycle parking - refer to section 2.5 Car wash bay: 1 car wash bay per 12 dwellings or part thereof – refer to Section 2.6.

Seniors Housing (previously known as SEPP 5 - Aged and Disabled Housing)

Provisions of State Environmental Planning Policy (Seniors Living) 2004 apply.

For a copy of the Policy refer to www.legislation.nsw.gov.au

Business

Brothel 1 space per 37 sqm gross floor area Car repair station (Includes brake, tyre, mufflers, motor and motor body repair)

6 spaces per workbay

Club On merit Traffic and Parking Impact Study required. Commercial premises 1 space per 37sqm gross floor area Traffic and Parking Impact Study required

for developments in excess of 500sqm gross floor area.

Home business 1 space per non-resident employee in addition to the approved parking for the dwelling house.

Visitor car parking may also be required depending on the type of use proposed.

Hotel 1 space per unit/bedroom plus 1 space per 4 employees. If bar area and/or dining area provided, additional parking will be required: 1 space per 3.5sqm bar space, drinking lounge and dining room space.

Traffic and Parking Impact Study required.

Light industry 1 space per 56 sqm gross floor area or 1 space per 2 employees, whichever is greater

Motor showroom 0.75 spaces per 100sqm of site area plus 6 spaces per work bay for vehicle servicing.

Traffic and Parking Impact Study required. Area required on site for articulated car transporters to manoeuvre and unload.

Restaurant 1 space per 7sqm gross floor area or 1 space per 3 seats (whichever is the greater), including any outdoor seating area.

If trading hours of the restaurant are outside of normal business hours (i.e. after 5pm on weekdays) and the applicant can

Mosman Council Section 94 Development Contributions Plan 2006 Land Use Minimum Parking Requirements Note

demonstrate that there is an availability of car parking in the surrounding area in a Traffic and Parking Impact Study, Council may consider a reduced car parking rate: minimum of 1 space per 20 sqm gross floor area.

Service station 6 spaces per work bay plus 1 space per 16 sqm gross floor area of convenience store. If car wash facility provided – suitable queuing area and an additional 2 spaces to be provided.

Traffic and Parking Impact Study required.

Shop 1 space per 16 sqm gross floor area. Traffic and Parking Impact Study required for new developments in excess of 500sqm gross floor area.

Take away food premises

1 space per 16 sqm gross floor area. If drive through facility provided, a Traffic and Parking Impact Study required. Drive-in take-away food shops are prohibited on land with frontage to Military Road and that part of Spit Road between The Spit and Military Road.

Health, Education, Community Facilities and Recreation

Child care centre On merit Traffic and Parking Impact Study required. A suitable drop off and pick up point should be provided.

Church, place of worship, funeral parlour

On merit Traffic and Parking Impact Study required.

Cinemas, public halls, places of assembly

On merit Traffic and Parking Impact Study required.

Educational establishment

1 space per employee Traffic and Parking Impact Study required. A suitable drop off and pick up point for cars and buses should be provided.

Gymnasium/fitness centre

1 space per 33 sqm gross floor area

Hospital 1 space per 3 beds Traffic and Parking Impact Study required. Medical centre 1 space per 25 sqm gross floor area Traffic and Parking Impact Study required.

Calculating Car Parking Requirements

D.9 In circumstances where existing premises are being altered or extended or their use changed, the following provisions apply:

Change of use: parking requirements for the proposed use will be assessed on the difference between the parking requirements for the previous approved use and the parking requirements for the proposed use.

Increase in Floorspace: parking requirements will be assessed on the additional floorspace.

Any car parking required to be provided by virtue of previous consents must be maintained.

In circumstances where a site is being fully redeveloped or extensively changed (i.e. where an existing building is demolished and replaced by a new building or where greater than 50% of the building fabric is being demolished) the proposal should be designed to comply with the relevant provisions of Council's Transport DCP. That is, car parking credits do not apply in circumstances where a building is extensively changed or demolished.


Existing residential floorspace in commercial zones proposed to be changed to another use will not be granted a credit for existing carparking. Existing car parking credits in commercial zones can not be transferred to new residential developments.

Note – In calculating the number of parking spaces required, fractions of 0.5 or above should be rounded up and fractions of less than 0.5 should be rounded down.

4. Part E – References Mosman Local Environmental Plan 1998 - Mosman Council MOSPLAN 2005-2008 - Mosman Council Future Mosman - 2088 in 2020 - Mosman Council Mosman Transport Development Control Plan 2005 - Mosman Council Spit Junction and Mosman Town Centre Parking Studies 1989/1995 - Colston Budd Hunt and Twinney Mosman Section 94 Contributions Plan - Open Space - Mosman Council Mosman Section 94 Contributions Plan - Public Carparking in the Spit Junction Town Centre - Mosman Council Artists' Walk Interpretation Strategy 2005 - Godden Mackay Logan Mosman Bicycle Strategy 2005 - PBAI Mosman Park Plan of Management 2005 - Parkland Environmental Planners Clifton Gardens Management Framework 2003 - PSB Clifton Gardens Interpretation Strategy 2005 - Godden Mackay Logan Mosman Flora and Fauna Study 2001 - OCULUS Recreation Needs Study and Action Plan 1999/2000 Suter Consulting Rawson Park Plan of Management 2000 GHD Balmoral Reserves Plan of Management 1997 GHD Mosman Open Space Strategy 1994 - Hepper Marriott Public Domain Improvement Program for Mosman and Spit Junction 2000 - Dickson Rothschild Community Land Plans of Management Open Space and Natural Areas 2001 Mosman Council Mosman Heritage Review 1996 - Godden and Mackay Mosman Social and Community Plan 2005-2007 - Mosman Council

Mosman Council Section 94 Development Contributions Plan 2006 Appendix 1 - Definitions In this plan, unless the context or subject matter otherwise indicates or requires, the following definitions apply: ABS means the Australian Bureau of Statistics. Act means the Environmental Planning & Assessment Act, 1979. bedroom means any room in a dwelling normally used for sleeping purposes and, in the case of new dwelllings, any room designated or capable of use for that purpose. catchment means a geographic or other defined area to which a contributions plan applies. contributions plan means a public document prepared by council pursuant to s94EA of the Environmental Planning and Assessment Act. CPI means the Consumer Price Index All Group Index Numbers for Sydney. Council means Mosman Council. development means:

• the erection of a building on that land • the carrying out of a work in, on, over or under that land • the use of that land or of a building or work on that land • the subdivision of that land

developer contribution means a monetary contribution, the dedication of land free of cost or the provision of a material public benefit. material public benefit does not include the payment of a monetary contribution or the dedication of land free of cost. nexus means the relationship between the expected types of development in the area and the demand for additional public facilities to meet that demand. public includes a section of the public public facilities means public infrastructure, facilities, amenities and services. recurrent costs means any cost which is of a repeated nature that is required for the operation or maintenance of a public facility. Regulation means the Environmental Planning & Assessment Regulation 2000. S94 plan means a contribution plan made pursuant to section 94 AB of the Act. semi detached dwelling means a dwelling on its own allotment which is attached to not more than one other dwelling. works in kind means the construction or provision of the whole or part of a public facility that is identified in a works schedule in a contributions plan

Mosman Section 94 Development Contributions Plan 2006 · Residential Development Typical Occupancy...

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