Attachment 8 - Working draft - Deed of Variation to IA - 02.12.2019

Deed of Variation

        a.     design and construct the New Public Road (or any part not yet constructed) in accordance
               with the conditions imposed on any approval; and

        b. dedicate any land required for the New Public Road.”

9.      Insertion of a new clause 6.9 as follows:

        “6.9 Pedestrian Thoroughfare Easement

        If the Reconfiguration of a Lot Application is approved and the approval takes effect, the
        Applicant shall, at no cost to Council, grant the Pedestrian Thoroughfare Easement to Council
        on terms satisfactory to both parties and in accordance with the conditions imposed on any
        approval.”

10.     Insertion of a new Part 6A as follows:

        “6A        Emergency bushfire access to Walter Hay Drive

        If the Reconfiguration of a Lot Application is approved and the approval takes effect, the
        Applicant shall, at no cost to Council, provide an emergency bushfire access to Walter Hay
        Drive on terms satisfactory to both parties and in accordance with the conditions imposed on
        any approval.”

11.     Insertion of a new clause 7.3 as follows:

        “7.3       Dedication of Transit Lot 24

        a. If the Reconfiguration of a Lot Application is approved and the approval takes effect, the
           Applicant shall, at no cost to Council, dedicate the land described as Transit Lot 24.

        b. For the avoidance of any doubt:

                  i.    Stockwell is not required to construct the transit centre facility on Transit Lot 24;

                  ii.   All carparking required to deliver development on Transit Lot 24 is contained on
                        that land.

12.     Insertion of a new clause 10.6 as follows:

        “10.6 Development Intensity

        For the avoidance of doubt, the parties acknowledge that:

        a. The Draft Framework and Character Plan identifies different uses in different precincts to
           those shown on Master Plan 2 (which, in this clause, is taken to be a reference to Master
           Plan 2 without incorporating the amendments shown on the Draft Framework and
           Character Plan);

        b. The intensity of development contemplated by the Draft Framework and Character Plan
           does not exceed the intensity of development contemplated by Master Plan 2.”




HopgoodGanim Lawyers                                                                                 Page 9 of 10
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