Section 94 of the Environmental Planning & Assessment Act 1979 authorises us when determining a development application, to grant development consent subject to a Section 94 Condition directed towards the provision, extension or augmentation of public amenities and public services, provided that the condition is authorised by a contributions plan.
In order to lawfully impose a Section 94 Condition, we are required to be satisfied that the proposed development will or is likely to create demand for new public facilities. There is an overriding requirement that contributions provided for in a Section 94 Condition are reasonable.
A Section 94 Condition may be satisfied ‘in-kind’ through a Works-In-Kind (WIK) arrangement between the applicant and the Council. A WIK arrangement cannot provide for the dedication of land in satisfaction of a Section 94 Condition.
Developers / applicants may submit a WIK proposal which will be assessed in accordance with our WIK Policy. WIK proposals will be referred to our Section 94 Finance Committee for its consideration. The proposal must relate to a work (or part work) listed in our Section 94 contributions plans. We have developed a WIK template agreement to fast-track this process. This template must be used for WIK arrangements.
Our adopted WIK Policy and template WIK Agreement can be downloaded below:
WIK Policy + WIK agreement template
WIK proposals should be addressed to the General Manager. Should you have any enquiries, please contact our Co-ordinator Contributions, Dennis Bagnall on (02) 9839 6000.