Attachment 1 - Letter from Thomson Geer - Condition 63 · 132007.12.8

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                    Food and Beverages, Commercial Business Type 1 – Office and Commercial Business
                    Type 2 – Medical;2

          (b)       Condition 12 of the development approval authorises a total maximum gross floor area of
                    6,054m2, with certain sub-limits apportioned to some of the listed uses mentioned in (a),
                    above;

          (c)       Two large, two storey buildings (with some underground car parking on a third level),
                    described as Buildings A and B; and

          (d)       A total of 366 car parks plus 12 motorcycle bays, which are deemed to be equivalent to 3
                    further car parks. In other words, 369 car parks (or equivalent) are required for the
                    development as approved, including the child care centres (which are located on the
                    same parcel of land but were approved separately to the balance of the currently
                    operating uses/development).

2         Change Application

2.1       Subsequent to the granting of the development approval by the Court you lodged a change
          application, on behalf of the land owner, with the Council.

2.2       That change application was lodged pursuant to the terms of the Planning Act 2016 and sought
          (in broad terms) approval for:

          (a)       A two storey car parking structure that would include a total of 106 car parking spaces. 72
                    of these spaces would be intended to provide the same 72 spaces contemplated under
                    the development approval for this area, with the remaining 34 spaces servicing the
                    additional GFA referred to in point (b), below. This structure was to be located at the rear
                    of the development, behind the existing Telstra facility; and

          (b)       A partial third storey (above the two storeys of parking) comprising a total GFA of 675m2,
                    which would connect by way of elevated walkway to existing Building B.

2.3       A more detailed analysis of the proposed changes to the development approval is contained in
          the town planning report that you have prepared and that was provided to the Council with the
          change application. That report also notes certain consequential amendments that are required to
          other conditions of approval to reflect the additional built form referred to above.

2.4       By way of letter dated 12 January 2018 the Council issued an information request with respect to
          the change application. Item 3 of that change application, being the subject of this advice,
          requested additional information with respect to the requirements of Condition 63 of the
          development approval.

3         Condition 63

3.1       Condition 63 of the development approval, in its current form, states as follows:

          Additional Conditions (7/3/08)

          63    The applicant shall enter into an infrastructure agreement with Council with regard to the
                provision of private services within the 5m wide road reserve that divides the two separate
                parts of Lot 4 prior to the use commencing on the northern part of Lot 4. The conditions of
                the infrastructure agreement shall:

                (a) Provide for the installation, maintenance and preservation of the private water an
                    electrical services that supply the separate parts of Lot 4,


2 The existing child care centres on the land are the subject of a separate development approval and are not the subject of this
advice.




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