2018-10-18 Mayoral Minute

ATTACHMENT 2

ATTACHMENT 2
                In the Planning and Environment Court Held                           Appeal No. 4066 of 2017                   |
                at: Brisbane
                Between:         THOMCO (NO.2087) PTY LTD                                           Appellant
                                 (ACN 106 723 488)
               And:             NOOSA SHIRE COUNCIL                                               Respondent
               And:              PEREGIAN BEACH COMMUNITY ASSOCIATION                       Co-Respondent by
                                 INC                                                                 Election

                                                 TERMS OF SETTLEMENT

                In the particular circumstances of this matter the abovenamed parties hereby agree to resolve the
                issues in dispute in this appeal based upon an approval of the Appellant’s application for a material
                change of use and reconfiguration of a lot currently before the Court subject to the following terms
                and conditions:
                l,    The Appellant will make an application to the Court for a minor change in the application such
                      that:
                      (a)   The twenty (20) detached residential dwelling units (“dwelling units”) will be sought to
                            be approved as Visitor Accommodation — Type 4, rather than Multiple Housing Type 4
                            with one dwelling unit being nominated as the manager’s unit available for permanent
                            occupation by the manager;
                      (b)   Reconfiguration of the subject land will create three separate lots containing:
                            (i)   the IGA based supermarket development;
                            (ii) | the motel component of the proposed development; and                                        |
                            (iii) the land containing the twenty (20) dwelling units;                                          |
                            subject to an appropriate plan of reconfiguration submitted to and approved by the                 |
                            Council;                                                                                           |
|                     (c)   The Visitor Accommodation — Type 4 development (ie the dwelling units) component
                            will be subject to a community title scheme building format plan with:
                            (i)   the twenty (20) separate lots in the format plan being defined by the footprint of          |
                                  each dwelling unit building;                                                                |
                            Gi)   the balance area of that part of the subject land being included in relevant common         |
                                  property; and                                                                               |
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