MCU14/0106 & OPW15/0001 Town Planning Report & Appendix A Code Compliance

                                                                                                          Town Planning Report
                           28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive



  Easement Number              Land Burdened                     Land Benefited                   Purpose
  710227524                    Lot 3 on SP246584                 N/A                              Electricity Services
  Easements M and N on                                                                            (Energex Limited)
  SP192396
  713367157                    Easement BE on SP182878           Lot 3 on SP246584                Drainage
  713731495                    Easement BD on SP167984           Lot 3 on SP246584                Access

3.1.5         Statutory Covenant
In addition to the above, the site is affected by a statutory covenant made between Mirose Pty Ltd and the
Noosa Shire Council pursuant to the Land Title Act 1994.
The covenant is referenced as Covenant No. 710227518 over parts of Lot 3 on SP246584, and described as:
         Covenant I in Lot 2 on SP182845;
         Covenant J in Lot 2 on SP182845;
         Covenant K in Lot 2 on SP182845; and
         Covenant L in Lot 2 on SP182845.
The covenanted areas are shown on the survey plan SP182845, but broadly (not precisely) correspond with
the following areas:
         Covenant I is in Precinct OS3;
         Covenant J is in Precinct OS7;
         Covenant K is in Precinct OS5; and
         Covenant L is in Precinct OS2.
The covenant provides:
          “1. Purpose
              This Covenant is entered into between the Covenantor and Covenantee pursuant to sections
              94A(3)(b)(i) and 97(A)(3)(b) of the Land Title Act 1994 for the purpose of the preservation of the
              existing native vegetation in the lots described in Item 2 of the Form 31 Covenant.
          2. Interpretation
              The Covenantor and Covenantee agree that the intent of this Covenant is to ensure that the Native
              Vegetation on the Native Vegetation Area is maintained, and the Covenantor and Covenantee
              agree that this Covenant is to be interpreted, performed and applied accordingly.”
A copy of the covenant documentation is provided at Appendix M - Certificate of Title, Survey Plan and
Easement Documents.

3.2           Site Characteristics
3.2.1         Current Use of the Site
Part of the site has been developed with a shopping centre, together with retail showrooms, commercial office
space and a service station. The existing centre, known as Noosa Civic, opened in October 2006 and
comprises:
         a discount department store based shopping centre, including a service station, with retail shop floor
          space of 18,585m2 Total Use Area (TUA);
         the Emporium retail showrooms development with 7,056m2 TUA;
         commercial office space of 5,000m 2 TUA; and
         associated servicing, carparking and other development infrastructure.



December 2014                                          Cardno HRP                                                           13