2020-09-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 SEPTEMBER 2020


                                                    ATTACHMENT 2




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 SEPTEMBER 2020

                                                                                    ATTACHMENT 2

                                   INFRASTRUCTURE AGREEMENT

   THIS AGREEMENT is made this             day of                        2020.

   BETWEEN:          NOOSA SHIRE COUNCIL of 9 Pelican Street, Tewantin in the State of Queensland.
                                                                                   (“the Council”)

   AND:              KAYMOND PTY LIMITED ACN 062 741 879 of 60 Talga Road, Rothbury in the State
                     of New South Wales.
                                                                                 (“the Applicant”)

   BACKGROUND:

   A.    The Applicant is the Owner of the Subject Property.
  B.     The Applicant is the Appellant and the Council is the Respondent in the Appeal.
   c.    The Appeal is in respect of the Council’s decision to refuse the Subdivision Application over the
         Subject Property.

   D.    The Applicant and the Council have agreed to enter into this Infrastructure Agreement to
         resolve the Appeal, particularly Council’s reason for refusing the Subdivision Application
         because of the adequacy of the subject bridge on Crawfords Road.
   E.    The Agreement provides for the funding of structural improvements to the bridge which
         provides access to the Subject Property.

   IT 1S AGREED:

   1.    INTERPRETATION

   1.1   In this Agreement unless there is a contrary intention: -

         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.

         Chief Executive Officer means the Chief Executive Officer of the Council and includes the person
         {if any) for the time being acting as Chief Executive Officer.

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