2020-08-31 SM - Item 2 - Attachment 2 - Infrastructure Agreement

Infrastructure Agreement

Date


Parties


Noosa Shire Council (Council)


Stockwell NC Pty Ltd ACN 632 359 623 as trustee under instrument 719594542 (Landowner)


Stockwell Development Group Pty Ltd ABN 50 010 095 360 (Applicant)


Background

A.     The Landowner is the Owner of the Subject Site.

B.     The Subject Site forms part of the land which is subject to the 2003 Infrastructure Agreement.

C.     The Applicant has lodged the Subdivision Application in relation to the Subject Site.

D.     On 6 March 2020, Council gave to the Applicant its amended decision notice outlining its decision to
       refuse the Subdivision Application.

E.     On 11 March 2020, the Applicant made the Appeal to the Planning and Environment Court against
       the Council’s refusal of the Subdivision Application.

F.     The parties have agreed to enter into this infrastructure agreement to deal with the provision and
       funding of certain additional infrastructure on or adjoining the Subject Site.



Now this deed witnesses


1.     Definitions, interpretation and Commencement

1.1    Definitions

       In this deed:

       2003 Infrastructure Agreement means the infrastructure agreement between Council and Mirose
       Pty Ltd dated 3 October 2003 with respect to the land formerly described as Lot 2 on SP110885.

       Act means the Planning Act 2016.

       Appeal means the appeal described in Schedule 1.

       Applicant means the person described in Schedule 1 and having its address at the place described
       in Schedule 1 and includes:

       (a)     successors and permitted assigns in the case of a corporation, association or other body
               whether incorporated or not; and

       (b)     executors, administrators and permitted assigns in the case of a natural person.


HopgoodGanim Lawyers                                                                              Page 1
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