As the Housing Bubble (and indeed the property bubble in general) spread around the world, councils found development contributions a useful way to increase their revenues. While the great cities of the world, and many small towns as well, had funded their development out of rates and normal charges for services, a tax on equity became highly attractive to local government, especially as their own policies were inflating the value of the assets.
Traditional law had always required developers to fund any works which their own developments required. But such development levies depended on there being a genuine nexus between the development and the public works. If a new residential development required an upgrading of an intersection then the developer had to carry out the upgrade or pay council to do the necessary work - in whole or in part.
But development contributions, as legalised by the reforms to the Local Government Act allowed councils to charge all developers (i.e. anyone who decided to create a new lot, build a new house or apartment, or build a new factory, block of shops or other commercial premises) to pay a levy per unit, or per lot, to compensate Council for the costs the users of such developments would impose on the community in the future.
The whole scheme depended on the assumption that newcomers and new businesses impose costs on the community rather than generate benefits. Central governments are quick to explain that suitable immigrants provide benefits not costs – but local governments were easily persuaded that immigrants into their territory imposed costs rather than benefits.
Similarly, some people suggest central government should "bail out" the Carter Holt Sawmill on the grounds that the closure of the mill and the loss of some 300 jobs will cause massive losses to the community. And yet, some distance down the road, a Council may well fine any company that chooses to open a similar mill, several hundred thousand dollars because of the costs the new enterprise will impose on roads, libraries, reserves, and anything else they can think of.
For example, if anyone decides to build a new twenty room motel in Mangawhai they will have to pay the Council $320,000 for causing the community so much trouble. The Council will insist on collecting the fine before they will allow the consent "to commence".
This economic nonsense prevailed as long as the property bubble kept inflating. Applicants were desperate to get their consents, and because Councils spun out the process over years rather than weeks the property had normally inflated in value sufficiently to allow the land owner to borrow the money from their financiers on the back of the added security. And the financiers were happy to oblige.
But now the property bubble has burst and the development contributions bubble is deflating too.
At a time like this, why would anyone even think about building a major new motel, shopping centre, or factory if their proposal attracts a "fine" of a several hundred thousand dollars, right up front. Like any fine this contribution adds nothing to the real value of the building or development.
And why would a financier lend the money? More importantly, now the bubbles have burst, the land value is almost certainly falling, so the security is diminishing by the day.
The Centre knows of many projects, spread around the country, which are being aborted or abandoned because the looming development contributions cannot be financed and there is no cash to hand.
Most political parties contesting the election are putting their minds to ways and means of stimulating economic growth and development. But their best efforts will be in vain if local government sees entrepreneurship as a costly burden which must be penalised.
If we want to build our way out of depression we should surely stop fining the builders.
Some councils will grasp this reality and abandon these punitive taxes on growth and development. Others will resist on the grounds that they need the money. But after a while they will realise that they are not receiving any money from anyone. Once many of their staff are laid off we can assume that those who remain will accept that you do not trade your way through a recession by increasing your charges.
It is a pity that many Councils have set annual budgets based on development contributions, which in turn are based on an ever- inflating property bubble generating ever inflating revenues. Sadly when bubbles collapse the cash drought makes no distinction between public and private agencies.
The party is over and the hangover has begun.
It's time to take the cure.
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