Legal advice regarding Viridian submission · MCU18/0015

“th.

“The Grantor grants to the Grantee the full right and liberty of way
and passage of motor vehicles at all times by day or by night, along,
over and across the Servient Tenement at the Grantee’s will or
pleasure for the purpose of entering and exiting the Dominant
Tenement in accordance with the provisions hereof and to hold the
rights and liberties granted to the Grantee as appurtenant to the
Dominant Tenement provided the said grant of way and passage shall
be in common with the use of the Servient Tenement by the Grantor
and in common with all other persons from time to time lawfully
using the Servient Tenement for the same, or similar purposes."

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 conditions of approval by
the Sunshine Coast Regional Council in final format enabling
the Grantee to immediately and lawfully proceed with the
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, if a staged development is approved and
constructed in stages, if applicable) in accordance with 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

Advice (00009799)