Signed letter of submission to Noosa Council - 19.1.19 · MCU18/0015

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for lots 3 and 4 will be taken from the existing Alma Way road construction located within
the Pepper's Noosa Resort and Villas development and that existing access easements
(and rights) exist to facilitate this arrangement.

2.2. That statement is manifestly incorrect and unacceptable to the Body Corporate. Council
must not rely on that statement.

2.3. We draw Council's attention to the terms of easement as set out in the registered
easements in favour of Lot 27 on RP 87506:

Easement L
Clause 11 states:

The benefit and effect of this easement is agreed to be postponed, and the Grantee agrees that it shall
have no right to exercise any of the rights referred to in this easement, until a development approval is
granted, and the development is completed, for the Dominant Tenement.

For the purposes of this clause and this easement the following word's have the following meanings:

e« "development approval” means such an approval or approvals including a ministerial approval
and conditions of approval by the Sunshine Coast Regional Council in final format enabling the
Grantee to immediately and lawfully proceed with construction of improvements as approved,
including in accordance with conditions of approval on the Dominant Tenement;

e improvements being completed in accordance with the requirements of the Sunshine Coast
Regional Council and a Certificate of Classification issuing in relation to use if required or
applicable;

e "completed" shall mean practical completion of construction (including completion of
construction of a stage of development, ff a staged development is approved and constructed
in stages, if applicable) in accordance with the term as is usually used, and in the case of any
uncertainty, as evidenced by the issue of a Certificate of Classification for such improvements
by the Sunshine Coast Regional Council, if required or applicable, and otherwise as
reasonably determined by the Grantor's Architect;

e in the case of any uncertainty the issue of a Certificate of Classification following Development
Approval shall be taken to be the date upon which the Grantee may use and enjoy the rights
and benefits conferred by this easement, if a Certificate of Classification is required or
applicable, and otherwise, as reasonably determined by the Grantor's Architect.

A copy of the easement is attached.

Easement M & P
Clause 8 states:

The benefit and effect of this easement is agreed to be postponed, and the Grantee agrees that it shall
have no right to exercise any of the rights referred to in this easement, until a development approval is
granted, and the development is completed, for the Dominant Tenement.

For the purposes of this clause and this easement the following words have the following meanings:

e "development approval" means such an approval or approvals including a ministerial approval
and also conditions of approval by the Sunshine Coast Regional Council in final format
enabling the Grantee to immediately and lawfully proceed with construction of improvements
as approved, including in accordance with conditions of approval on the Dominant Tenement;

e improvements being completed in accordance with the requirements of the Sunshine Coast
Regional Council and a Certificate of Classification issuing in relation to use if required or
applicable;