Somersoft Property Investment Forums  

Go Back   Somersoft Property Investment Forums > Property Investment Discussions > Adding Value

Reply
 
Thread Tools Display Modes
  #201  
Old 11-03-2014, 07:43 PM
channon channon is offline
Member
 
Join Date: Oct 2011
Location: Sydney
Posts: 46
channon is on a distinguished road
Quote:
Originally Posted by brazen View Post
I just received a call from a Hornsby Shire resident and he confirmed that Hornsby Shire Council have officially reduced their Section-94 Contributions to $9,000.

I haven't reads the policy yet but I'm taking his word for it.

Has anyone heard this and can confirm please?

Brazen.
Found it - page 95 of the pdf document
Range from $9460-$9708

http://hsconline.hornsby.nsw.gov.au/...022014_ATT.PDF
Reply With Quote
  #202  
Old 11-03-2014, 08:02 PM
brazen's Avatar
brazen brazen is offline
Member
 
Join Date: Feb 2010
Location: Sydney
Posts: 711
brazen is just really nicebrazen is just really nicebrazen is just really nicebrazen is just really nice
Quote:
Originally Posted by channon View Post
Found it - page 95 of the pdf document
Range from $9460-$9708

http://hsconline.hornsby.nsw.gov.au/...022014_ATT.PDF
Legend! Thank you channon!
Still a pretty nasty fee.
__________________
Granny Flat Approvals
(02) 9785 2781
Reply With Quote
  #203  
Old 12-03-2014, 05:19 PM
Z-ster's Avatar
Z-ster Z-ster is offline
Member
 
Join Date: Nov 2005
Location: Sydney, NSW
Posts: 11
Z-ster is on a distinguished road
I apologize if this has already been covered in this long thread but I was wondering how the S94 would apply to some councils in the instance that S94 applies if the second dwelling is income generating and not used by family members.

If for instance the second dwelling was used by family members for a period of time (say 2 years) but later they moved on to a new house would the s94 still be enforced and if so how would they monitor/enforce it?

Thanks
Reply With Quote
  #204  
Old 12-03-2014, 05:53 PM
neK neK is online now
Member
 
Join Date: Dec 2009
Location: Sydney, NSW
Posts: 1,279
neK is a splendid one to beholdneK is a splendid one to beholdneK is a splendid one to beholdneK is a splendid one to beholdneK is a splendid one to beholdneK is a splendid one to beholdneK is a splendid one to behold
Are there instances where s94 is not payable if the granny flat is not being rented out? I don't recall seeing such a clause.
Reply With Quote
  #205  
Old 12-03-2014, 06:14 PM
Z-ster's Avatar
Z-ster Z-ster is offline
Member
 
Join Date: Nov 2005
Location: Sydney, NSW
Posts: 11
Z-ster is on a distinguished road
I'm not sure what the case is if it's left vacant but some councils make up the rules as they see fit.

I'm curious to know what would happen if your relatives moved out after several years of living in the new dwelling or they happened to pass. How do they expect people to pay a fee related to a development several years after it's been completed?

To me it seems like one of the silly laws that difficult to enforce and only there as a deterrent.

Quote:
Originally Posted by bradh099 View Post
Hi just wanted to add to the list of councils.

Spoke to Botany Council a young planner who didn't give me her name but was helpful. There is no section 94 contribution for a granny flat if it is for use by a family member. However if it is being build to be rented out then it is $20k. She made it sound as if this is something that is going to be standard across the state (?) being put in legislation soon, etc.

cheers Brad
Reply With Quote
  #206  
Old 12-03-2014, 06:51 PM
Ideo Ideo is offline
Member
 
Join Date: Sep 2011
Location: On the road. NSW Wide.
Posts: 3,112
Ideo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond reputeIdeo has a reputation beyond repute
Quote:
Originally Posted by Z-ster View Post
I apologize if this has already been covered in this long thread but I was wondering how the S94 would apply to some councils in the instance that S94 applies if the second dwelling is income generating and not used by family members.

If for instance the second dwelling was used by family members for a period of time (say 2 years) but later they moved on to a new house would the s94 still be enforced and if so how would they monitor/enforce it?

Thanks
S.94 of the Environmental Planning and Assessment Act (The Act) is a complex beastie.

Basically, what it does is permits councils to include as a condition of development consent the dedication of land or payment of money, or both in some instances, for any development that is likely to require council to provide, or increase demand upon, services in the area.

But, council has to have adopted a contributions plans before they levy a contribution. A contributions plan identifies public services and amenities to meet the demand of development.

This is where the inconsistency comes in. Every council has a different plan, and a different requirement of works to be carried out.

The argument is that a granny flat is a dwelling and can increase the potential density of households on the land - just as if a dual occupancy was to be constructed on the land. You might have 4 people in the main house and 2 people in the granny flat, just as you might only have one person in one dwelling of a dual occupancy and only one in the other dwelling of a dual occupancy.

No consideration is given with the legal framework of The Act for who will inhabit the development. And nor should there be. Otherwise every developer would claim a battleaxe subdivision was for their elderly parents who were already living with them etc etc.

In terms of contributions and when they are payable, the following is a good general guide:
For subdivision, the fees need to be paid prior to the release of the Subdivision Certificate.
For DAs involving building work, payment is required prior to the release of the first Construction Certificate (so you have to pay before you can play)
For development applications where no Construction Certificate or Subdivision Certificate is required, payment is required prior to the release of the development consent or prior to issue of the first Certificate of Occupancy.

Hope that helps.
__________________
http://thedesignpartnership.com.au/

Town Planner, Heritage and Safer By Design/CPTED Consultant
Reply With Quote
  #207  
Old 12-03-2014, 11:53 PM
brazen's Avatar
brazen brazen is offline
Member
 
Join Date: Feb 2010
Location: Sydney
Posts: 711
brazen is just really nicebrazen is just really nicebrazen is just really nicebrazen is just really nice
Quote:
Originally Posted by Ideo View Post
No consideration is given with the legal framework of The Act for who will inhabit the development. And nor should there be. Otherwise every developer would claim a battle-axe subdivision was for their elderly parents who were already living with them etc. etc.
In 2009-2010 Blacktown and some other Council's did indeed have a S94 Contribution policy which was revoked if you provided a letter stating that the dwelling will be occupied by a relative.

I know this because I drafted the letters which waived those fees!

Of course, Council's have since rubbed their little hands together and not only imposed fees on granny flats (where they didn't before) but increased them, and substantially so.

Imposing a huge ($10,000) S94 contribution on a tiny 2-bedroom addition is highway robbery in my humble opinion. If you extend your main dwelling and add five bedrooms, the fee is $0, so why should 2 or 3 bedrooms create such huge load on the system.

I've named and shamed a few here + in my blog but as Ideo says, they change their policies like the bloody weather!:
Granny Flats Prices & Section 94 Contributions. Highway Robbery?
http://www.grannyflatapprovals.com.a...-contributions
__________________
Granny Flat Approvals
(02) 9785 2781
Reply With Quote
  #208  
Old 12-05-2014, 11:26 AM
james55 james55 is offline
Member
 
Join Date: Mar 2009
Location: Sydney
Posts: 30
james55 is on a distinguished road
hey Serge, you can add Fairfield to the list. Looks like it was amended October 2013.

Link to contributions plan
Reply With Quote
  #209  
Old 12-05-2014, 12:08 PM
brazen's Avatar
brazen brazen is offline
Member
 
Join Date: Feb 2010
Location: Sydney
Posts: 711
brazen is just really nicebrazen is just really nicebrazen is just really nicebrazen is just really nice
Hi James,

Yea, looks like Fairfield City Council are now charging around $3,000 for Section-94 Contributions on Granny Flats.

Certainly not the highest fee but another one bites the dust, hey?
__________________
Granny Flat Approvals
(02) 9785 2781
Reply With Quote
  #210  
Old 12-05-2014, 12:45 PM
james55 james55 is offline
Member
 
Join Date: Mar 2009
Location: Sydney
Posts: 30
james55 is on a distinguished road
Yes what a shame. Now I have to look elsewhere to invest
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT +10. The time now is 06:39 PM.


Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
Copyright © Somersoft Financial Services Pty Ltd