Original Conditions December 1994

1.19

1.20

2.0

2.1

2.2

Existing substantial trees in Precinct E2 in the locality of Dwelling Units
U29/30 as shown on Plans 390 SK30 ad 390 SK32 are to be retained. The
concept sketch plan 390 SK30 would require modification to comply with this-
requirement.

The main access road proposed through the forested area in the western part of
the site in the vicinity of Precincts B1, C1 and C2 shall be designed in a manner
sympathetic to the forest location. Minimum engineering standards shall be
applied so as to protect the forested character. The design may be enhanced by
the construction of a divided road in certain sections.

Development in Precinct G shall provide for the retention of an area of a
minimum 20 metres width in its existing state for buffer and screening purposes
generally to lie across the hillface.

REZONING DEED

Prior to the application being forwarded to the Minister, and after submission by the
Developer of the plans and further studies, (if any), required by these conditions to
be completed prior to rezoning, the Developer and, if the Developer of the lands is
not the registered proprietor of those lands, the registered proprietor/s of those lands
shall enter into a rezoning deed with Council recording the conditions of this
approval.

The deed shall be binding on the heirs assigns successors in title and other persons
or corporations claiming through or under the Developer and the registered
proprietor. The deed shall be prepared by the Developer's solicitors. All the
Developer's costs of and incidental to the preparation, execution and stamping of the
rezoning deed (including the Council's Solicitor client costs) including any
variation, addition or amendment, and all stamp duty shall be paid by the
Developer.

The Rezoning agreement shall further provide that the Developer will not assign .
absolutely or by way of’ security the interest, rights or obligations under these
conditions or part with possession of the lands or assign or lease or sublease or grant
a license or right to use the whole or any part/s of the land without tbe prior written
consent of the Council which consent shall not -be unreasonably withheld. In
granting its consent, the Council may impose conditions for the exercise of that

’ consent provided that such conditions are not inconsistent with the conditions-of this

approval. As part of those conditions, the Council may require the person or
corporation obtaining the benefit of the assignment, security, lease, sublease, licence
or right to use, to enter into a deed in terms similar to 2.1 and 2.3 hereof provided
that Council will not require a deed in respect of individual multiple welling units
or individual house sites. .