Contribution Plan - Traffic Generating Development
Damage to bitumen and gravel road pavements due to heavy vehicles from traffic generating developments is a significant impact on the public roads and Council’s budget. Where a development has proposed that heavy vehicles use the public roads in the Shire and the existing road maintenance schedule is inadequate to carry the additional load, a contribution will be sought from the proposed development towards the cost of maintenance, repair and rehabilitation of the road network.
The NSW Land and Environment Court has recognised the significant impact that road haulage vehicles associated with traffic generating developments and in particular extractive industries have on the public road system, beyond the normal usage by the general public, and accordingly has accepted that Section 94 of the Environmental Planning & Assessment Act, 1979 is an appropriate mechanism for the levy of contributions for the upgrading and rehabilitation of affected public roads.
Section 94 of the Environmental Planning & Assessment Act, 1979 enables Council to levy contributions from developers for the provision of public amenities and services required as a consequence of development.
Section 94 Development Contribution Plan – Traffic Generating Development