Attachment 5 - Deed of Variation to Infrastructure Agreement (22.01.20).pdf

Deed of Variation

Schedule 2 Variations

The Infrastructure Agreement is varied as follows:

1.     Stockwell is included as a party to the Infrastructure Agreement.

2.     Clause 1.5, the insertion of the following new definitions:

       “Draft Framework and Character Plan means the Noosa Business Centre Framework and
       Character Plan of the Draft New Noosa Plan as endorsed by Council (with amendments) at its
       Special Meeting on 11 December 2019 a copy of which is contained in Annexure 7 (together with
       Zone Map 12 - Noosaville, the Major Centre Zone Code and table of assessment, Schedule 1
       Definitions, and the Minutes of Special Meeting on 11 December 2019 which detail the
       amendments).

       Draft New Noosa Plan means the draft New Noosa Plan publically notified between 18 February
       2019 and 20 May 2019 and incorporates the significant changes publicly notified between 16
       September 2019 and 11 November 2019, and endorsed by Council (with amendments) at its Special
       Meeting on 11 December 2019.

       Hofmann Drive Extension means the extension of Hofmann Drive through to Walter Hay Drive
       identified in dark pink on the Subdivision Plan as “Dedication of road reserve for extension of
       Hofmann Drive”.

       New Public Road means the new public road from the northern roundabout on Walter Hay Drive to
       the boundary of proposed Transit Lot 24 identified in dark yellow on the Subdivision Plan as “New
       Public Road”.

       Pedestrian Thoroughfare Easement means the proposed 4m wide easement for public pedestrian
       access along the eastern side of Lot 1 and the western side of Lots 3 and 4 crossing covenant J as
       identified in pale pink on the Subdivision Plan as “4m Pedestrian Thoroughfare Easement.”

       Proposed Lot 23 means the lot marked as “23” on the Subdivision Plan

       Reconfiguration of a Lot Application means the development application for a development permit
       for reconfiguration of a lot with respect to Lot 3 on SP246584 (Council reference RAL18/0023).

       Subdivision Plan means the subdivision plan prepared by Bennett & Francis Pty (reference
       034389.57) dated 29 November 2019 a copy of which is contained in Annexure 8.

       Transit Lot 24 means the lot marked as “24” on the Subdivision Plan”.

3.     Clause 1.5, by amending the definition of Master Plan 2 and Shire Business Centre by addition of the
       words shown in underlining below:

       “Master Plan 2 means The Shire Business Centre Master Plan: Stage 2 (MP2) adopted by the
       Council on 10 April 2003 a true copy of which is contained in Annexure 5 or as amended by the Draft
       Framework and Character Plan.

       Shire Business Centre means the Shire Business Centre for Noosa planned for development on
       land including the Land and described in Section 19.3 of the Strategic Plan or Draft Framework and
       Character Plan.”

4.     Clause 1.5, by amending the definition Open Space Area G by addition of the words shown in
       underlining below:

       “Open Space Area G means the area shown as “OS7” on Master Plan 2 which is proposed to be
       maintained as Private Open Space substantially in its natural state for environmental drainage and


HopgoodGanim Lawyers                                                                         Page 113
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