A developer may challenge an assessed development contribution charge under the Local Government Act 2002 by making a request for reconsideration or objecting to an assessed charge. Each process is accompanied by a strict statutory timeframe in which the applicant must submit a formal notice to the Council challenging the development contributions assessment and provide certain information to support that challenge.
Request for reconsideration of assessed charges
Please refer in the first instance to Section 199(A-B) of the Local Government Act 2002 and section 14 "Requests for reconsideration" of the operative Development Contributions Policy.
If you believe the Council has made an error in calculating a development contribution charge, a request for reconsideration must be made within 10 working days from the date on which the person lodging the request received notice of the development contribution required.
A request for reconsideration must:
- be in writing using the 'Application for reconsideration' form (link below)
- set out the grounds and reasons for the request
- specify the outcome which is sought.
In processing an application for reconsideration the Council will consider whether:
- the development contribution was incorrectly calculated or assessed under the development contributions policy
- whether the development contributions policy has been incorrectly applied
- whether the information used to assess the development against the development contributions policy - or the way the Council has recorded or used it when requiring a development contribution - was incomplete or contained errors.
The Council must give written notice of the outcome of the reconsideration to the person who made the request within 15 working-days of the date on which the Council received all information relating to the request.
If you wish to request a reconsideration of your assessed development contribution, please complete the online form below.
Objecting to assessed charges
Please refer in the first instance to Section 199(C-P) and Schedule 13A of the Local Government Act 2002 and Section 15 "Objecting to an assessed charge" of Council's operative Development Contributions Policy.
The objection process is a formal statutory process under the Local Government Act 2002 that enables developers to object to the Council's application of the Development Contributions Policy. Where an objection cannot be resolved through agreement by both parties Council is required to appoint at least one government nominated development contribution Commissioner to hear the objection and both parties are required to prepare and submit evidence to the Commissioner(s) in support of the objection. It is recommended you seek legal advice before engaging in the objection process.
Any person provided by Council with notice (or other formal advice) of a requirement to pay a development contribution may object to the amount in accordance with Section 199C of the Local Government Act 2002. A person lodging an objection must do so within 15 working days after the date of receiving notice of the level of development contribution or the date on which the person receives notice of the outcome of reconsideration.
Under Section 199D of the Local Government Act 2002 an objection may only be made on the grounds that Council has:
a) failed to properly take into account features of the objector's development that, on their own or cumulatively with those of other developments, would substantially reduce the impact of the development on requirements for community facilities in the territorial authority's district or parts of that district, or
b) required a development contribution for community facilities not required by or related to the objector's development, whether on its own or cumulatively with other developments, or
c) required a development contribution in breach of section 200, or
d) incorrectly applied its development contributions policy to the objector's development.
For further information on the objection process please contact Council's Development Contributions Team.