208Determination of proposed cost of development—the Act, s 7.12(5)(a)

#### 208 Determination of proposed cost of development—the Act, s 7.12(5)(a) 208 Determination of proposed cost of development—the Act, s 7.12(5)(a) > > (1) The proposed cost of carrying out development must be determined by the consent authority by adding up all the costs and expenses that have been or will be incurred by the applicant in carrying out the development. > > > (2) The costs of carrying out development include the costs of, and costs incidental to, the following— > > > > > (a) if the development involves the erection of a building or the carrying out of engineering or construction work— > > > > > > > (i) erecting the building or carrying out the work, and > > > > > > > (ii) demolition, excavation and site preparation, decontamination or remediation, > > > > > (b) if the development involves a change of use of land—doing anything necessary to enable the use of the land to be changed, > > > > > (c) if the development involves the subdivision of land—preparing, executing and registering— > > > > > > > (i) the plan of subdivision, and > > > > > > > (ii) the related covenants, easements or other rights. > > > (3) In determining the proposed cost, a consent authority may consider an estimate of the proposed cost that is prepared by a person, or a person of a class, approved by the consent authority to provide the estimate. > > > (4) The following costs and expenses must not be included in an estimate or determination of the proposed cost— > > > > > (a) the cost of the land on which the development will be carried out, > > > > > (b) the costs of repairs to a building or works on the land that will be kept in connection with the development, > > > > > (c) the costs associated with marketing or financing the development, including interest on loans, > > > > > (d) the costs associated with legal work carried out, or to be carried out, in connection with the development, > > > > > (e) project management costs associated with the development, > > > > > (f) the cost of building insurance for the development, > > > > > (g) the costs of fittings and furnishings, including refitting or refurbishing, associated with the development, except if the development involves an enlargement, expansion or intensification of a current use of land, > > > > > (h) the costs of commercial stock inventory, > > > > > (i) the taxes, levies or charges, excluding GST, paid or payable in connection with the development by or under a law, > > > > > (j) the costs of enabling access by people with disability to the development, > > > > > (k) the costs of energy and water efficiency measures associated with the development, > > > > > (l) the costs of development that is provided as affordable housing, > > > > > (m) the costs of development that is the adaptive reuse of a heritage item. > > > (5) The proposed cost may be adjusted before payment of a development levy, as specified in a contributions plan, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan between the day on which the proposed cost was determined by the consent authority and the day by which the development levy must be paid. > > > > Example— > > > > A contributions plan may adopt the Consumer Price Index. > > > (6) To avoid doubt, this section does not affect the determination of the fee payable for a development application.