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Environmental Planning and Assessment Regulation 2021
209Maximum percentage of development levy—the Act, s 7.12(5)(b)
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#### 209 Maximum percentage of development levy—the Act, s 7.12(5)(b)
209 Maximum percentage of development levy—the Act, s 7.12(5)(b)
> > (1) The following Table specifies the maximum percentage of the proposed cost of carrying out development that may be imposed by a development levy for development specified in the Table—
> >
> > Table
> >
> > | Proposed cost of development | Maximum development levy |
> > | Development on land to which Burwood Local Environmental Plan (Burwood Town Centre) 2010 applied immediately before its repeal— | |
> > | (a) up to and including $250,000 | Nil |
> > | (b) more than $250,000 | 4% |
> > | Development on land identified in Figure 1 of the Willoughby Local Infrastructure Contributions Plan 2019 adopted by Willoughby City Council on 11 June 2019— | |
> > | (a) up to and including $100,000 | Nil |
> > | (b) $100,001–$200,000 | 0.5% |
> > | (c) $200,001–$250,000 | 1% |
> > | (d) more than $250,000 | 3% |
> > | Development on land in Zone B1, B3, B4 or B6 under Liverpool City Centre Local Environmental Plan 2007 immediately before its repeal— | |
> > | (a) up to but not including $1 million | Nil |
> > | (b) $1 million or more | 3% |
> > | Development on land in Zone R4 or IN2 under Liverpool City Centre Local Environmental Plan 2007 immediately before its repeal— | |
> > | (a) up to but not including $1 million | Nil |
> > | (b) $1 million or more | 2% |
> > | Development on land to which Newcastle City Centre Local Environmental Plan 2008 applied immediately before its repeal— | |
> > | (a) up to and including $100,000 | Nil |
> > | (b) $100,001–$200,000 | 0.5% |
> > | (c) $200,001–250,000 | 1% |
> > | (d) more than $250,000 | 3% |
> > | Development on land shown as “Area A” in Parramatta City Centre Local Infrastructure Contributions Plan, Figure 2— | |
> > | (a) up to and including $250,000 | Nil |
> > | (b) more than $250,000 | 3% |
> > | Development on land shown as “Area B” in Parramatta City Centre Local Infrastructure Contributions Plan, Figure 2— | |
> > | (a) up to and including $250,000 | Nil |
> > | (b) more than $250,000— | |
> > | (i) if the development is for the purposes of residential accommodation or mixed use development including residential accommodation | 4% |
> > | (ii) otherwise | 3% |
> > | Development on land shown in Parramatta City Centre Local Infrastructure Contributions Plan, Figure 2 other than land shown as “Area A” or “Area B”— | |
> > | (a) up to and including $250,000 | Nil |
> > | (b) more than $250,000— | |
> > | (i) if the development is for the purposes of residential accommodation or mixed use development including residential accommodation | 5% |
> > | (ii) otherwise | 4% |
> > | Development on land in Zone B3 under Wollongong Local Environmental Plan 2009— | |
> > | (a) up to and including $250,000 | Nil |
> > | (b) more than $250,000 | 2% |
> > | Development on land identified in Figures 1 and 2 in the Section 7.12 Development Contributions Plan 2019: Kensington and Kingsford Town Centres adopted by Randwick City Council on 10 December 2019— | |
> > | (a) up to and including $100,000 | Nil |
> > | (b) $100,001–$200,000 | 0.5% |
> > | (c) $200,001–$250,000 | 1% |
> > | (d) more than $250,000 | 2.5% |
> > | Development on land identified in Figure 1 to the Central Sydney Contributions Plan 2022 adopted by the Council of the City of Sydney on 14 December 2020— | |
> > | (a) up to and including $250,000 | Nil |
> > | (b) $250,001–$500,000 | 1% |
> > | (c) $500,001–$1 million | 2% |
> > | (d) more than $1 million—on or before 30 June 2022 | 2% |
> > | (d) more than $1 million—on or from 1 July 2022 | 3% |
> > | Development on land identified in Figure 1 to the Norwest Innovation Section 7.12 Development Contributions Plan adopted by The Hills Shire Council on 13 July 2021 (Norwest Innovation Land), subject to subsection (3)— | |
> > | (a) up to and including $100,000 | Nil |
> > | (b) $100,001–$200,000 | 0.5% |
> > | (c) $200,001–$1 million | 1% |
> > | (d) more than $1 million | 2.8% |
> > | Development on Aerotropolis development levy land in the local government area of the City of Penrith— | |
> > | (a) up to and including $200,000 | Nil |
> > | (b) more than $200,000 | 5.6% |
> > | Development on Aerotropolis development levy land in the local government area of the City of Liverpool— | |
> > | (a) up to and including $200,000 | Nil |
> > | (b) more than $200,000 | 4.6% |
> > | Development on land in the Parkes Activation Precinct under State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 3— | |
> > | (a) up to and including $200,000 | Nil |
> > | (b) more than $200,000 | 3% |
> > | Development on land identified as “Hornsby TOD Precinct” on the Key Sites Map under Hornsby Local Environmental Plan 2013— | |
> > | (a) up to and including $200,000 | Nil |
> > | (b) mixed use development involving development for the purposes of residential accommodation and more than $200,000— | |
> > | (i) a component that is development for the purposes of residential accommodation | 4% |
> > | (ii) another component | 2% |
> > | (c) development not specified in paragraph (b) and more than $200,000— | |
> > | (i) if the development is for the purposes of residential accommodation | 4% |
> > | (ii) otherwise | 2% |
> > | Development on land identified as “Macquarie Park Corridor” on the Macquarie Park Corridor Map under Ryde Local Environmental Plan 2014— | |
> > | (a) up to $250,000 | Nil |
> > | (b) $250,000 or more— | |
> > | (i) if the development is for the purposes of residential accommodation or mixed use development including residential accommodation | 4% |
> > | (ii) otherwise | 1.5% |
> > | Development on land outlined in red in Figure 1 to the St Marys Town Centre Development Contributions Plan 2025 adopted by Penrith City Council on 28 April 2025— | |
> > | (a) up to and including $200,000, if the development is for the purposes of—(i) commercial premises, industry, residential accommodation or tourist and visitor accommodation (each a relevant purpose), or(ii) mixed use development including one or more relevant purposes | Nil |
> > | (b) more than $200,000, if the development is for the purposes of—(i) a relevant purpose, or(ii) mixed use development including one or more relevant purposes | 4% |
>
> > (2) The maximum percentage of the proposed cost of carrying out development that may be imposed by a development levy for development not specified in the Table to subsection (1) is—
> >
> > > (a) for a proposed cost of up to and including $100,000—nil, and
> >
> > > (b) for a proposed cost of $100,001–$200,000—0.5%, and
> >
> > > (c) for a proposed cost of more than $200,000—1%.
>
> > (3) If development is proposed to be carried out on Norwest Innovation Land and the maximum floor space ratio shown for the land on the [Floor Space Ratio Map](/view/html/inforce/current/epi-2019-0596/maps) under [The Hills Local Environmental Plan 2019](/view/html/inforce/current/epi-2019-0596) is 1:1 or less, subsection (2) applies to the development instead of subsection (1).
>
> > (4) This section is subject to a direction given by the Minister under the Act, section 7.17(1)(d).
>
> > (5) To avoid doubt, the Table to subsection (1) continues to apply to the land specified in the Table even if the local environmental plan or contributions plan used to describe the land is repealed.
>
> > (6) In this section—
> >
> > Aerotropolis development levy land means land identified as “Aerotropolis Core Precinct”, “Agribusiness Precinct”, “Badgerys Creek Precinct” and “Northern Gateway Precinct” on the Aerotropolis Boundary Map under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 4, excluding—
> >
> > > (a) land identified as “Sydney Science Park” on the Sydney Science Park Map under that chapter, and
> >
> > > (b) land identified as “Area 2” on the Additional Permitted Uses Map under that chapter.
> >
> > Parramatta City Centre Local Infrastructure Contributions Plan means the Parramatta City Centre Local Infrastructure Contributions Plan adopted by City of Parramatta Council on 27 May 2024.
>
> **s 209:** Am 2022 (540), Sch 1\[1\] \[2\]; 2023 (350), Sch 1\[5\]; 2024 (297), Sch 1\[1\] \[2\]; 2024 (588), Sch 1\[3\]; 2024 (589), Sch 1\[3\]; 2024 (629), Sch 1\[1\]–\[3\]; 2026 (45), Sch 1.