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2021-08-16 GC Agenda - Item 7 - Attachment 3 - MCU20-0072 - Deed of Agreement
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General Committee Agenda
16 August 2021
Item 7 - Attachment 3
NOOSA SHIRE COUNCIL
LUTHERAN CHURCH OF AUSTRALIA QUEENSLAND DISTRICT
ABN 30 051 602 996 T/A GOOD SHEPHERD LUTHERAN
COLLEGE
DEED OF AGREEMENT IN RESPECT OF ON-SITE WORKS FOR
AN EDUCATIONAL ESTABLISHMENT
DEVELOPMENT PERMIT: MCU20/0072
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Full text of the other 18 sections
Section 2
1. INTERPRETATION 4
1.1 Commencement 4
1.2 Interpretation 4
1.3 Definitions 5
1.4 Other Expressions 7
2. DEED OF AGREEMENT 7
2.1 Application of Act 7
2.2 Deed does not attach to the Subject Site 7
2.3 Deed does not override Development Approval 7
2.4 Deed conditional upon approval of Development Application 7
2.5 Termination of deed 7
3. WORKS TO BE COMPLETED BY APPLICANT 8
3.1 Completion of Works 8
3.2 Standard of Completion 8
3.3 Development approval for Works 8
3.4 Timeframe for completion of Works 8
3.5 Infrastructure charges 8
4. SECURITY 8
4.1 Provision of a Security 8
4.2 Amount of Security 8
4.3 Form of a Security 8
4.4 Release of a Security 9
4.5 Interest earned on Security 9
5. DEFAULT OF A DEVELOPMENT OBLIGATION 9
5.1 Application of this clause 9
5.2 Notice of Default 9
5.3 Enforcement, Performance and Fulfilment of a Development Obligation 10
5.4 Recourse to a Security 10
5.5 Recovery of an amount as a liquidated debt 10
5.6 Application of an amount received by the Council 11
6. RIGHT OF ACCESS 11
6.1 Access to land by Council or its Agents 11
6.2 Access to land by Applicant 12
6.3 Access to land by Council 12
7. ASSIGNMENT 12
7.1 Restriction on assignment 12
7.2 Transfer of the Subject Site 12
8. SERVICE 12
8.1 Service by prepaid post 12
8.2 Deemed service 12
8.3 Proof of service 13
8.4 Form of Notice 13
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Section 3
9. MISCELLANEOUS 13
9.1 Payment of costs 13
9.2 Time 13
9.3 Extension of time 13
9.4 Waiver 13
9.5 Laches and delay 13
9.6 Severance 13
9.7 Warranty of authority 13
9.8 Further assurances 14
9.9 Force Majeure 14
9.10 Amendment of document 14
9.11 Entire agreement 14
9.12 Governing law and jurisdiction 14
9.13 Counterparts 14
Schedule 1 15
Schedule 2 16
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Section 4
This DEED is made on the date stated in item 1 of Schedule 1.
BETWEEN The Council
AND The Applicant & Owner
RECITALS
A The Applicant is the Owner of the Subject Site, which currently accommodates the Good Shepherd Lutheran
College.
B The Subject Site has road frontages to Eumundi Noosa Road and Walter Hay Drive, with existing vehicular
accesses from the Eumundi Noosa Road/Goodchap Street roundabout and from Walter Hay Drive.
C The Applicant caused the lodgement of a development application in relation to the Subject Site, seeking a
development permit for a material change of use for an educational establishment (new demountable
buildings). The demountables will be located within the existing central staff carparking area, which will
become surplus once the new staff carpark is completed.
D The Applicant proposes to undertake works to address carparking, pick up and drop off provision and onsite
manoeuvring and to provide for increased queuing distance within the College from Eumundi Noosa Road.
These works are intended to be completed at a future date.
E This deed sets out the terms of agreement between the parties as to the scope of the works, timeframe for
completion of these works and the provision of a Security for the performance of the works.
THE PARTIES AGREE AS FOLLOWS:
1. INTERPRETATION
1.1 Commencement
This document commences on the Commencement Date.
1.2 Interpretation
(a) In this document, unless a contrary intention appears, reference to:
(') a clause is to a clause in this document; and
(ii) the singular includes the plural and vice versa; and
(iii) any gender includes all other genders; and
(iv) a person includes a firm, a corporation, and association and a body, whether
incorporated or not and a government or statutory entity or authority; and
(v) legislation (including subordinate legislation) includes;
(A) statutory instruments under the legislation; and
(B) consolidations, amendments, re-enactments or replacements of the legislation;
and
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(vi) writing includes any mode of representing or reproducing words in tangible and
permanently visible form and includes facsimile transmission; and
(vii) this or any other document includes the document as varied or replaced and is not
affected by any change in the identity of the parties; and
(viii) a day is a calendar day.
(b) Whenever more persons than one constitute a party, all the covenants, deeds, conditions,
restrictions and provisos on the part of that party contained or implied in this document bind those
persons jointly and each of them severally.
(c) This deed is in all respects to be interpreted in accordance with the laws of the State of
Queensland, and the parties irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of that state and any courts which have jurisdiction to hear appeals from
them, and waive any right to object to proceedings being brought in those courts.
(d) Nothing contained in this document affects, prejudices or derogates from the requirements of
any statute or from the rights, powers and authorities of the Council under the provision of any
statute or under any declared policy of the Council.
(e) All schedules to this deed form part of this document and a reference to an item is a reference
to an item in Schedule 1 unless stated otherwise.
1.3 Definitions
In this document
Act means the Planning Act 2016.
Agents means any servants, agents, contractors, subcontractors or any other third parties which are
engaged by Council to enforce or discharge the Development Obligations, rights or entitlements of the
Council under this document.
Applicant means the person described in and having its address at the place described in item 4 of
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.
Calendar Day has the meaning given in section 36 of the Acts Interpretation Act 1954 (Qld).
Chief Executive Officermeans the Chief Executive Officer of the Council and includes the person (if any)
for the time being acting as Chief Executive Officer.
Commencement Date is the date when the last party executes this document.
Council means the Local Government described in Item 3 of Schedule 1 and its predecessors,
successors, transferees and assigns, employees and agents.
Development Application is the development application lodged in respect of the Subject Site as
described in Item 6 of Schedule 1 of this document.
Development Approval is the development approval given in respect of the Development Application as
described in Item 7 of Schedule 1 of this document.
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Development Obligation means an obligation under this document to be performed and fulfilled by a
party or a person under this document.
Force Majeure means an event:
(a) being a Commonwealth or State government decree, an act of God, industrial disturbance, act
of public enemy, war, international blockade, public riot, lightning, flood, earthquake, fire, storm
or other physical or material restraint; and
(b) which is not within the reasonable control of the party claiming Force Majeure; and
(c) which could not have been prevented by the exercise by that party exercising a standard of
knowledge, foresight, care and diligence consistent with that of a prudent and competent person
under circumstances
Local government has the meaning given in the Local Government Act 2009.
New Car Park means the car park to be constructed on the Subject Site in accordance with the
development approval given by Council in the form of a negotiated decision notice dated 22 November
2019 (Council reference MCU18/0097).
Notice means any certificate, demand or notice to be made, given or served by a party under this
document.
Owner has the meaning given in the Act and is, as at the Commencement Date, the person described in
item 5 of Schedule 1.
Planning Instrument has the meaning given to it by the Act.
Planning Scheme means the planning scheme of the Council applicable for the Subject Site, as amended
from time to time.
Proposed Development means the development and ongoing use of the Subject Site in accordance with
the Development Approval.
Security means a surety provided to the Council as identified in Item 9 of Schedule 1 to secure the
performance of the Applicant's Development Obligations under this document.
Subject Site means the land described in item 6 of Schedule 1 and includes:
(a) any interest or estate in, on, over or under the land; and
(b) the airspace above the surface of the land and any estate or interest in the land; and
(c) the subsoil of the land and any estate or interest in the subsoil; and
(d) any part or parts of the land; and
(e) any estate or interest created in respect of any of the above matters.
Works means the works identified in Schedule 2 of this document, which forms part of the Development
Obligations of the Applicant.
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1.4 Other Expressions
If a term is not defined in this Document it shall unless the context otherwise requires, have the meaning
given to it by:
(a) the Act; or
(b) a relevant local Planning Instrument under the Act if the word is not defined in the Act; or
(c) the Macquarie Dictionary if the word is not defined in the Act or a relevant local Planning Instrument
under the Act.
2. DEED OF AGREEMENT
2.1 Application of Act
This document constitutes an agreement under section 67 of the Act.
2.2 Deed does not attach to the Subject Site
This document does not attach to the Subject Site and does not bind successors in title, except where
transferred in accordance with the requirements of this document.
2.3 Deed does not override Development Approval
This document does not override any development approval given in respect of the Subject Site and does
not prevail to the extent of any inconsistency with a development approval.
2.4 Deed conditional upon approval of Development Application
This Deed is conditional upon the development approval taking effect with the applicant
proceeding with the development.
2.5 Termination of deed
A party may give to each other party a Notice which states that it proposes to terminate this document if
one of the following events has occurred:
(1) The parties agree in writing as follows:
(a) the Proposed Development has reached completion and the Development Obligations
have been performed and fulfilled; and
(b) to terminate this document;
(2) The parties agree in writing as follows:
(a) that the performance and fulfilment of this document has been frustrated by an event
outside of the control of the parties; and
(b) to terminate this document.
A party may at a date, which is 30 Calendar Days after the giving of the Notice under this clause, give to
each other party a Notice which states that the document is terminated.
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Section 8
3. WORKS TO BE COMPLETED BY APPLICANT
3.1 Completion of Works
The Applicant must undertake the Works identified in Schedule 2 of this document within the timeframe/s
stipulated in this document, at no cost to Council,
3.2 Standard of Completion
The Works must be completed by the Applicant to the satisfaction of Council, acting reasonably, and in
accordance with all applicable development approvals, standards, good industry practice and Planning
Scheme requirements.
3.3 Development approval for Works
The Applicant is responsible for obtaining any development approval/s as may be required to undertake
the Works in accordance with the Act, prior to commencement of the Works.
3.4 Timeframe for completion of Works
Unless stated to the contrary in this document, the Works must be completed to the satisfaction of Council
within 18 months from the commencement of the use the subject of the Development Approval.
3.5 Infrastructure charges
There is no offset, refund or reduction in infrastructure charges payable in respect of the Subject Site as
a consequence of completion of the Works by the Applicant.
4. SECURITY
4.1 Provision of a Security
In consideration for the Council entering into this document, and to secure completion of the Works as
identified in Schedule 2 by the Applicant, the Applicant must provide Security to the Council within 30
Calendar Days of the date of the Development Approval, or as otherwise advised by or on behalf of the
Chief Executive Officer in writing.
4.2 Amount of Security
The Security payable by the Applicant is identified in Item 9 of Schedule 1, and must be no less
than 1.5 times the cost of the Works (estimated by a licenced quantity surveyor), as agreed by
the Chief Executive Officer.
4.3 Form of a Security
The Applicant is to provide to the Council a Security which is in the following form:
(a) money;
(b) a banker's undertaking which satisfies the following:
(i) is in favour of the Council or an entity stated in a Notice given by the Council to the
Applicant;
(ii) is given by a financial institution consented to by the Council;
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(iii) the Council may claim a payment on demand without reference to the Applicant and
despite an objection, direction or Claim by the Applicant to the contrary;
(iv) the financial institution may make a payment on demand without reference to the
Applicant and despite an objection, direction or Claim by the Applicant to the contrary;
(v) is unlimited in time;
(vi) is irrevocable;
(vii) is otherwise unconditional;
(viii) is in a form and substance to the Council's satisfaction;
4.4 Release of a Security
0) The Applicant may give to the Council a Notice which states that the Council is requested to
release and return the Security to the Applicant if the Applicant has performed and fulfilled the
Development Obligations to which the Security relates.
(2) The Council is to, within 30 Calendar Days of the receipt of a Notice under paragraph (1), give
to the Applicant a Notice which states whether the Council is satisfied:
(a) the Applicant has performed and fulfilled all of the Development Obligations of the
Applicant under this document; and
(b) that the Council has no actual or contingent liability arising as a result of the Applicant's
performance and fulfilment of the Works or a Development Obligation under this
document.
(3) The Council is to release and return the Security to the Applicant within 30 Calendar Days of the
Council giving to the Applicant a Notice under paragraph (2).
4.5 Interest earned on Security
The interest earned on a Security which consists of money is to belong to the Council.
5. DEFAULT OF A DEVELOPMENT OBLIGATION
5.1 Application of this clause
This clause applies if the Applicant fails to perform and fulfil a Development Obligation of the Applicant,
including a failure to complete all or any part of the Works.
5.2 Notice of Default
The Council is to give to the Applicant a Notice which states the following:
(i) the details of the Development Obligation which has not been performed or fulfilled by the
Applicant;
(ii) the action which the Applicant is required to take to perform and fulfil the Development Obligation;
(iii) an estimate of the costs to enforce or perform and fulfil the Development Obligation by Council
or by its Agents, which may include the following:
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(A) enforcement costs;
(B) the cost of Council officers, employees, Agents, servants, contractors, subcontractors,
lawyers or other third parties which are engaged to enable existing Council officers,
employees, servants, Agents, contractors and subcontractors to deal with the default;
(C) the Council's management time spent dealing with the default;
(D) costs of providing and maintaining infrastructure or services where required during a
period of default;
(E) the Council's charges for supervision;
(F) interest;
(G) administration costs;
(H) legal costs on a full indemnity basis or a solicitor and own client basis, whichever is the
higher;
(I) overheads;
(J) a reasonable contingency;
(iv) a reasonable period within which the Development Obligation is to be performed and fulfilled by
the Applicant.
5.3 Enforcement, Performance and Fulfilment of a Development Obligation
(a) The Council may, at its sole discretion, elect to enforce and / or perform and fulfil a Development
Obligation of the Applicant that has not been performed and fulfilled by the Applicant, in the
following circumstances:
(i) the Applicant has not complied with a Notice given by the Council to the Applicant under
clause 5.2,
(b) The Council may, at its sole discretion, retain Agents to exercise its rights and entitlements
under clause 5.3, or to discharge its Development Obligations under this document.
5.4 Recourse to a Security
(a) The Council may have recourse to a Security only in the following circumstances:
0) the Applicant has not complied with a Notice given by the Council to the Applicant under
clause 5.2 in respect of the matter to which the Security relates, within the timeframe
stated in the Notice.
(b) The Council may convert a Security into money if the Security does not consist of money,
if paragraph (a) applies.
5.5 Recovery of an amount as a liquidated debt
The Council may recover from the Applicant as a liquidated debt the following amounts:
(a) the amount stated in a Notice given by the Council to the Applicant under clause 5.2 if the
Applicant has not complied with the Notice; and
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(b) the amount stated in a Notice given by the Council to the Applicant representing the difference
between the costs actually incurred by the Council or its Agents in performing and fulfilling the
Applicant's Development Obligation, and any amount received by the Council under clause 5.4.
5.6 Application of an amount received by the Council
The Council may apply a Security obtained pursuant to clause 5.4 or money received by the Council
under clause 5.5 for any of the following:
(a) Reimbursing itself for all costs of and incidental to the enforcement of the Applicant's
Development Obligations;
(b) the performance and fulfilment of the Applicant's Development Obligation, whether fulfilled by
Council or its Agents;
(c) payment of the cost of its Agents;
(d) the carrying out of development to mitigate the effect of the Applicant's failure to perform and
fulfil a Development Obligation, whether by Council or its Agents;
(e) reimbursing the Council for a claim, cost or damage suffered by the Council as a result of the
Applicant's failure to perform and fulfil the obligation;
(0 a cost incurred by the Council in exercising a right for the Applicant's failure to perform and fulfil
the Development Obligation.
5.7 Council is relieved of its obligations for the period of the Applicant's default
The Council is, for the period the Applicant has failed to perform and fulfil a Development Obligation of the
Applicant, under no obligation to perform or fulfil the following:
(a) a Development Obligation of the Council;
(b) give a consent or express the Council's satisfaction for a matter or take an action for a matter
requiring the Council's consent or the expression of the Council's satisfaction.
6. RIGHT OF ACCESS
6.1 Access to land by Council or its Agents
The Applicant is to, upon the receipt of a Notice given by the Council to the Applicant which states that
access is requested to land of which the Applicant is the Owner or which is under the control of the
Applicant, permit the Council and / or its Agents to have access to the land for the following:
(a) examining, inspecting, testing and monitoring the Works;
(b) determining whether a Development Obligation has been performed and fulfilled;
(c) making good a breach of a Development Obligation;
(d) the performance and fulfilment of a Development Obligation;
(e) enforcement of a Development Obligation;
(f) the exercise by the Council of a right.
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6.2 Access to land by Applicant
The Owner consents to the Applicant having access to the Subject Site for the purpose of discharging its
Development Obligations under this document.
6.3 Access to land by Council
The Owner consents to the Council and its authorised Agents having access to the Subject Site for the
purposes identified in Clause 6.1.
7. ASSIGNMENT
7.1 Restriction on assignment
The Applicant must not, without the Council’s prior written consent, assign its interests, rights or
obligations under this document, provided that such consent is provided within five (5) Calendar Days of
the date of any request and is not unreasonably withheld.
7.2 Transfer of the Subject Site
(1) If the Owner proposes to sell or transfer its interest in any part of the Subject Site prior to fulfilment
of the Applicant's Development Obligations under this document, the Owner must give the
Council prior written notice of its intention to do so; and
(2) Before the Owner sells or transfers their interest in any part of the Subject Site, the Owner must,
at its cost, obtain a covenant by deed from the purchaser or transferee in favour of the Council
that the purchaser or transferee will comply with and be bound by provisions of this document in
the form prescribed by Council (acting reasonably).
(3) The deed must be executed and delivered to the Council prior to the purchaser or transferee
taking title or transfer of the interest.
(4) If the Subject Site is transferred other than in accordance with Clause 7.2, the Applicant remains
bound by this deed until such time as the Development Obligations have been fulfilled or the
deed is terminated under clause 2.4.
7.3 Reconfiguring and non-compliance
If the Subject Site is reconfigured under the provisions of the Act and the Development Obligations under
this document have not been satisfied, the Applicant remains bound by this deed until such time as the
Development Obligations have been fulfilled or the deed is terminated under clause 2.4.
8. SERVICE
8.1 Service by prepaid post
A Notice is sufficiently made, given or served by a party if left at or forwarded by prepaid post in an
envelope addressed to the other party or any of them (where there are more persons than one person
comprising the other party) at the address of that party specified in Schedule 1.
8.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served at the time when in the
due course of the post it would be delivered at the address to which it is directed whether or not it is
actually received.
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8.3 Proof of service
In proving service of a Notice made, given or served by the Council it is only necessary for the Council to
certify to that effect under the hand of the Chief Executive Officer.
8.4 Form of Notice
(1) A Notice given by a party must be in writing and signed by the party.
(2) A Notice given by a party may be signed by an officer of that party or the solicitor for that party.
(3) A party receiving a Notice is not obliged to enquire as to the authority of the person signing the
Notice.
9. MISCELLANEOUS
9.1 Payment of costs
The Applicant shall pay the Council’s legal costs of and incidental to the preparation and execution of this
Document on a solicitor own client basis.
9.2 Time
Time is, in all cases, of the essence.
9.3 Extension of time
The parties may agree to extend a time stated in this document by giving to each other a Notice which
states the extended time.
9.4 Waiver
No waiver by the Council of any breach by the Applicant of any of the provisions of this document is to be
implied against the Council or be othenwise effective unless it is in writing under the hand of the Chief
Executive Officer,
9.5 Laches and delay
No laches or delay by either party at any time or times in enforcing any of its rights, powers and the like
under this document prejudice or affect those rights or powers.
9.6 Severance
If any provision of this document cannot be given effect or full force and effect by reason of statutory
invalidity that provision is to be severed or read down but so as to maintain and uphold so far as possible
the remaining provisions of this document.
9.7 Warranty of authority
Any person signing this document:
(a) as attorney of any party warrants to the other parties that at the date of execution that person
has not received any notice or information of the revocation of the power of attorney appointing
that person; and
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(b) as an authorised officer, agent or trustee of any party warrants to the other parties that at the
date of execution that person has full authority to execute this document in that capacity.
9.8 Further assurances
Each party agrees at its cost to do everything reasonably necessary to give effect to this document,
9.9 Force Majeure
(1) If a party is unable by reason of an event of Force Majeure to carry out its obligations under this
document, that party must give a Notice to the other party advising of the event of Force Majeure
as soon as it is reasonably practicable after the event of Force Majeure.
(2) If a party gives a Notice advising of an event of Force Majeure, that party's obligations will be
suspended during the period for which the event of Force Majeure or its effect extends.
(3) Where the obligations of the Council are dependent upon the occurrence of specified
circumstances, then the Council will be relieved of its obligations for so long as there is a change
or deviation or non-occurrence of those circumstances arising from a matter beyond the
Council’s control.
9.10 Amendment of document
(1) Despite any provision of this document, the parties may at any time agree to vary the terms of
this document.
(2) No modification, variation or amendment of this document is of any force or effect unless it is in
the form of a deed signed by the parties.
9.11 Entire agreement
(1) This document constitutes the entire agreement between the parties and supersedes all
communications, negotiations, arrangements and agreements either oral or written between the
parties with respect to the subject matter referred to in the document.
(2) To the extent permitted by law, any statement, representation or promise made in any negotiation
or discussion has no effect except to the extent expressly set out or incorporated by reference in
this document.
(3) Each party acknowledges and agrees that it does not rely on any prior conduct or representation
by the other party in entering into this document.
9.12 Governing law and jurisdiction
The law of Queensland governs this document. Each party irrevocably submits to the exclusive
jurisdiction of the Queensland courts and courts competent to hear appeals from those courts.
9.13 Counterparts
This document may be executed in any number of counterparts and by the parties on separate
counterparts. Each counterpart constitutes the agreement of each party who has executed and delivered
that counterpart.
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Section 15
Schedule 1
Deed Details
Item 1 Date The Commencement Date
Item 2 Name of Deed Deed of Agreement in respect of onsite works for an
educational establishment (MCU20/0072)
Item 3 Council Noosa Shire Council
9 Pelican Street, Tewantin in the State of Queensland
PO Box 141, Tewantin QLD 4565
Item 4 Applicant Lutheran Church of Australia Queensland District ABN 30
051 602 996 T/A Good Shepherd Lutheran College
PO BOX1288
Noosaville DC QLD 4566
Item 5 Owner Lutheran Church of Australia Queensland District ABN 30
051 602 996 T/A Good Shepherd Lutheran College
PO Box 1288
Noosaville DC QLD 4566
ITEM 6 Subject Site Lot 1 SP 228052 & Lot 30 SP 170751
County of March
Parish of Tewantin
115 Eumundi Noosa Road
Noosaville QLD 4566
ITEM 7 Development MCU 20/0072
Application Development Permit for a material change of use for an
educational establishment (additional demountable
buildings) lodged on or about 31 July 2020
ITEMS Development MCU20/0072
Approval Educational Establishment (additional demountable
buildings)
ITEM 9 Security $900,000.00
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Section 16
Schedule 2
Works
ITEM 1 UPGRADE WORKS
The Applicant must upgrade the existing drop-off/pick-up / carpark configuration within the Subject
Site which is accessed from the Goodchap Street / Eumundi Noosa roundabout entry, with
implementation of an appropriate parking and set-down area management plan.
(a) The Works described in this Item 1 Schedule 2 are required to be undertaken generally in
accordance with the conceptual plan identified as Figure 1, to the satisfaction of Council.
(b) The Applicant must, in conjunction with a development application for operational work,
submit detailed plans and a report prepared by a suitably qualified RPEQ (traffic engineer)
which provides further details about the nature, scope and location of the Works described
in Item 1 Schedule 2, for assessment and approval by Council.
(c) The Works described in Item 1 Schedule 2 are to be undertaken by the Applicant in
accordance with any development approval granted by Council pursuant to (b) above.
(d) Before the commencement of any Works, the Applicant must submit a parking and set-down
area management plan, prepared by a suitable qualified RPEQ (traffic engineering), for
approval by Council.
(e) Once approved by Council, the recommendations contained in the parking and set-down
area management plan must be implemented by the Applicant, at its expense and to the
satisfaction of Council
Figure 1:
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ITEM 2 PROVISION OF VEHICULAR LINK
The Applicant must provide an internal one-way vehicular link from the New Car Park to the
Goodchap Street / Eumundi Noosa Road roundabout exit.
(a) The Works described in Item 2 Schedule 2 are required to be located generally in
accordance with the conceptual plan identified as Figure 2, to the satisfaction of Council.
(b) The Applicant must, in conjunction with a development application for operational work,
submit detailed plans and a report prepared by a suitably qualified RPEQ (traffic engineer)
which provides further details about the nature, scope and location of the Works described
in Item 2 Schedule 2, for assessment and approval by Council.
(c) The Works described in Item 2 Schedule 2 are to be undertaken by the Applicant in
accordance with any development approval granted by Council pursuant to (b) above within
any timeframe stated within that Development Approval.
(d) However, within 12 months from the commencement of the use the subject of the
Development Approval, the Applicant may submit a detailed traffic impact assessment
prepared by a suitably qualified RPEQ (traffic engineer) in accordance with any applicable
Planning Instrument or guidelines to support a request to delete the requirement to
complete the Works described in Item 2 Schedule 2. An amendment to this document must
be undertaken in accordance with clause 9.10, at the cost of the Applicant.
(e) Any request made pursuant to (d) above is to be considered and determined by Council, in
the exercise of its sole discretion. In circumstances where Council does not agree to delete
the requirement to complete the Works described in Item 2 Schedule 2, the Applicant must
complete the Works in accordance with the terms of this document without any further
recourse or dispute, within the timeframe stipulated by Council.
(0 In circumstances where Council does agree to a request made pursuant to (d) above, it is
the Applicant's responsibility to lodge and obtain approval for any change applications as
may be required under the Act for an existing development approval given in respect of
the Land.
17
Document Set ID: 21573773
Version: 1, Version Date: 30/07/2021
Section 18
OO
Document Set ID: 21573773
Version: 1, Version Date: 30/07/2021
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5 1 1 1 36 1 2403 3439 66 21 86 a>Section 19
EXECUTED AS A DEED.
This deed dated this day of 2021
BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under the provisions of the Local
Government Act 2009 ("Council")
AND Lutheran Church of Australia Queensland District ABN 30 051 602 996 T/A Good Shepherd
Lutheran College (“the Applicant" and “the Owner")
SIGNED SEALED AND DELIVERED by the )
delegated officer for and on behalf of the NOOSA )
SHIRE COUNCIL ) Signature
)
) Name
)
)
) Dated
Executed by the Lutheran Church of Australia Queensland District ABN 30 051 602 996 T/A Good Shepherd
Lutheran College in accordance with Section 127 of the Corporations Act 2001) in its capacity as both the Applicant
and the Owner:
/
u.po.m
Director (print name) Director / Secretary (print name)
Date Date
19
Document Set ID: 21573773
Version: 1, Version Date: 30/07/2021