Once a development approval is issued, if the development is going to place extra demand on the Council’s trunk infrastructure networks, an infrastructure charges notice will be issued. The amount of the charge will depend upon the type of approval and what extra demand is been placed on trunk infrastructure.
If you do not agree with an infrastructure charges notice, representations can be made to the Council about the notice (deadlines apply). If the Council agrees with the representations, a new notice will be issued, if the Council does not agree with the representations you may be able to appeal against the notice.
An infrastructure charges notice can be appealed to the Planning and Environment
Court in certain circumstances, being:
An appeal may be made against an infrastructure charges notice on 1 or more of the following grounds—
(a) The notice involved an error relating to—
(i) The application of the relevant adopted charge; or
Examples of errors in applying an adopted charge—
• the incorrect application of gross floor area for a non-residential development
• applying an incorrect ‘use category’, under a regulation, to the development
(ii) The working out of extra demand, for section 120; or
(iii) An offset or refund; or
(b) there was no decision about an offset or refund; or
(c) if the infrastructure charges notice states a refund will be given—the timing for
giving the refund; or
(d) for an appeal to the P&E Court—the amount of the charge is so unreasonable
that no reasonable relevant local government could have imposed the amount.
There is a deadline to appeal a notice to the Court (usually twenty business days from
receiving the notice).
If you would like advice about an infrastructure charges notice, please contact us as soon as possible after receiving the notice.
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.