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

Deed of Variation

Schedule 2 Variations

The Infrastructure Agreement is varied as follows:

1.      Stockwell is included as a party to the Infrastructure Agreement.

2.      Clause 1.5, the insertion of the following new definitions:

        “Draft Framework and Character Plan means Project Drawing NO.0717-0282-20_D005-2
        Rev 00 dated 11 September 2019 (which is the Noosa Business Centre Framework and
        Character Plan in Figure 7.2.4.5 of the Draft New Noosa Plan) a copy of which is contained in
        Annexure 7 (together with Zone Map 12 - Noosaville and the Major Centre Zone Code and
        table of assessment).

        Draft New Noosa Plan means the draft New Noosa Plan publically notified between 18
        February 2019 and 20 May 2019 and incorporates the significant changes publicly notified
        between 16 September 2019 and 11 November 2019.

        Hofmann Drive Extension means the extension of Hofmann Drive through to Walter Hay
        Drive identified in dark pink on the Subdivision Plan as “Dedication of road reserve for
        extension of Hofmann Drive”.

        New Public Road means the new public road from the northern roundabout on Walter Hay
        Drive to the boundary of proposed Transit Lot 24 identified in dark yellow on the Subdivision
        Plan as “New Public Road”.

        Pedestrian Thoroughfare Easement means the proposed 4m wide easement for public
        pedestrian access along the eastern side of Lot 1 and the western side of Lots 3 and 4
        crossing covenant J as identified in pale pink on the Subdivision Plan as “4m Pedestrian
        Thoroughfare Easement.

        Reconfiguration of a Lot Application means the development application for a development
        permit for reconfiguration of a lot with respect to Lot 3 on SP246584 (Council reference
        RAL18/0023).

        Subdivision Plan means the subdivision plan prepared by Bennett & Francis Pty (reference
        034389.57) dated 29 November 2019 a copy of which is contained in Annexure 8.

        Transit Lot 24 means the lot marked as “24” on Annexure 9”

3.      Clause 1.5, by amending the definition of Master Plan 2 and Shire Business Centre by addition
        of the words shown in underlining below:

        “Master Plan 2 means The Shire Business Centre Master Plan: Stage 2 (MP2) adopted by the
        Council on 10 April 2003 a true copy of which is contained in Annexure 5 as amended by the
        Draft Framework and Character Plan.

        Shire Business Centre means the Shire Business Centre for Noosa planned for development
        on land including the Land and described in Section 19.3 of the Strategic Plan or Draft
        Framework and Character Plan.”

4.      Clause 1.5, by amending the definition Open Space Area G by addition of the words shown in
        underlining below:

        “Open Space Area G means the area shown as “OS7” on Master Plan 2 which is proposed to
        be maintained as Private Open Space substantially in its natural state for environmental
        drainage and ecological purposes and is hatched on the plan in Annexure 2, with its area


HopgoodGanim Lawyers                                                                         Page 7 of 10
1958131 - 20238905_1.docx