102995-10 Permissible change request

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25 September 2015


                                                                                                     Contact
By email: [email protected]                                             Brent Lillywhite (07) 3228 9420
Jason Eden                                                              Email: [email protected]
Development Approvals Manager
                                                                                                   Partner
Bunnings Group Limited                                                       Michael Leong (07) 3228 9474
                                                                        Email: [email protected]

Dear Jason

Bunnings Noosaville - Compliance with Conditions of ROL
Permit
1            Introduction
1.1          We refer to previous discussions in relation to Bunnings' compliance with
             condition 9 of its development permit for reconfiguring a lot (1 lot into 2 and Park)
             in respect of land located at 178 Eumundi Noosa Road, Noosaville (ROL Permit).
1.2          As previously advised, we consider that Bunnings is not required to comply with
             condition 9 insofar as it relates to Lot 102, because no earthworks were
             undertaken on Lot 102 as part of the works pursuant to the ROL Permit and
             subsequent operational works permits. Further, it is likely that condition 9 is an
             unlawful condition which should be severed from the ROL Permit.

2            Recent developments
2.1          However, we understand that recent negotiations with Noosa Council (Council)
             have resulted in general agreement that Bunnings will make a request for a
             permissible change to amend condition 9 to provide an 'alternative' condition.
2.2          That is, existing condition 9 will become a condition 9.1, and a new condition 9.2
             will be inserted providing an alternative to compliance with condition 9.1. The new
             condition 9.2 will make reference to a geotechnical report prepared by Douglas
             Partners that identifies the existing ground conditions of Lot 102, and the
             geotechnical requirements necessary to achieve long term stability. It is intended
             that the geotechnical report will be registered on the title of Lot 102 by way of
             covenant under section 97A of the Land Title Act 1994.
2.3          In an email from Mark Lewis (Council) to Jason Eden (Bunnings) on 24 August
             2015, Council confirmed the general understanding for this approach, but subject
             to the new condition 9.2 including an ongoing indemnity that protects Council from
             any action from the current owners or any subsequent owners.




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