Another element of infrastructure charging to consider is whether trunk infrastructure is
required to be provided by a development which has not been recognised as trunk
infrastructure in an infrastructure charges notice.
Trunk infrastructure is defined by the Planning Act 2016 as:
trunk infrastructure, for a local government, means—
(a) development infrastructure identified in a LGIP as trunk infrastructure; or
(b) development infrastructure that, because of a conversion application, becomes
trunk infrastructure; or
(c) development infrastructure that is required to be provided under a condition under
section 128(3).
An applicant for a development approval may apply to convert non-trunk infrastructure to trunk infrastructure (“a conversion application”). This can be done where a development condition requires non-trunk infrastructure to be provided pursuant to section 145 of the Planning Act and where the construction of the non-trunk infrastructure has not started. A conversion application must be made to the local government in writing and within 1 year after the development approval starts to have effect.
A local Council’s infrastructure charges “Resolution” will provide a set of criteria that the local government must consider.
If the effect of a conversion application is that the infrastructure is converted to trunk infrastructure, the local government will be required to amend the infrastructure charges notice.
If you would like advice about conversion applications, please contact us as soon as possible.
It is important to remember that an application must be made within 1 year of receiving the development approval and before the relevant works have started.
Milne Legal provides advice and represents clients in relation to a range of town planning law matters. If you would like to get in touch, please contact our office on (07) 3210 0943 or email us at admin@milnelegal.com.au.
This publication is general in nature. Its content is current at the date of publication. It does not constitute legal advice and you should always seek legal advice based on your particular circumstances prior to making any decisions relating to matters covered by this publication. Certain details may have been sourced from external references, and we cannot assure the accuracy or timeliness of such information.