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

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e "completed" shall mean practical completion of construction (including completion of
construction of a stage of development, H 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 the Certificate of Classification is required or
applicable, and otherwise as reasonably determined by the Grantor's architect.

A copy of the easement is attached.

24.

2.6.

If there is a development approval, any development approval must ensure that the
development conditions do not conflict with the terms of Easements L, M and P on
$P207304.

Any approval should be conditioned so that the approved uses of land in the Viridian
Noosa Community Titles Scheme 41478 can continue to comply with conditions of the
development approval applying to the Scheme Land, without additional burdens or costs
imposed on the Body Corporate and consistent with the terms of easements granted.

Any approval must ensure that the construction of an approved development does not
result in, directly or indirectly, a breach of easement terms or inconvenience or nuisance
to the approved use of land within Viridian Noosa Community Titles Scheme 41478.

3. Other Matters

3.1.

A.

If Council approves the application (insofar as it relates to proposed lots 3 & 4) (and which
the Body Corporate submits it should not) we note as follows:

Easements P and M on SP207304 are each 6 m? in area and are registered for access
purposes for garbage enclosures and landscaping and for the storage of refuse bins.
Council should condition any approval to include the following in relation to the following
matters:-

a. Easement M on SP207304 is to be allocated so as to benefit proposed Lot 3 only;

b. Easement P on SP207304 is to be allocated so as to benefit proposed Lot 4 only;

c. No garbage is to be stored in these easements from others lots in the approved
development;

d. No construction plant, equipment, materials or associated construction waste is to be
stored within these easements (or elsewhere within the Viridian Noosa Community
Titles Scheme 41478) at any time;

e. As required by the existing conditions within the schedule for the respective
easements, the developer should submit to the Body Corporate, for its approval, full
details of the proposed enclosure design, construction, and materials, screening
landscaping and the like.

Easement L on SP207304 comprises an area of 8241m? for the purposes of access over
common property. The Council should condition any approval to include the following
matters:

a. Easement L on SP207304 is to be allocated so as to benefit Proposed Lot 3 and 4
only and not any other lot in the approved development;

b. Those motor vehicles using Easement L must comply with all conditions in the
schedule of the registered easement which includes, but by no means limited to, the
following: