Information Response - Lodgement

It is contended that this is not a change to the type and form of reconfiguration proposed with the initial package
of lodgement material, but provides greater clarity for all parties moving forward in the titling and registration
process.

It is also requested that Council structure the approval such that the reconfiguration of a lot is not required to
occur in a particular sequence, to offer flexibility for our client in the delivery of their development. We note that
any BFP registered over the subject land (and consequentially creation of a ‘balance lot’) will not occur until such
time as the relevant phase of built form is delivered in accordance with the associated MCU approvals over the
subject land, which already acknowledge a staged delivery of the development.

In light of the above, we suggest possible wording of relevant conditions of approval as follows:-

     1. Staging – the proposed reconfiguration of a lot is able to occur in any order, provided that the resort
        facilities approved by development approval 132005.1133.5 are provided prior to or at the time of
        registration of the reconfiguration plan resulting from the registration of the BFP associated with the 64th
        dwelling unit approved under development approval 132005.1133.5.
     2. Balance Lot Creation – the maximum number of ‘balance lots’ able to be created by registration of BFPs is
        26, with individual BFP phases to be generally in accordance with those nominated on the Approved Plan;
     3. Access Easement – the proposed access easement as indicated on the Approved Plan, is able to be
        provided incrementally as the development proceeds, but must be fully in place prior to the completion
        of development;

A revised proposal plan is attached to this response to Councils information request which incorporates feedback
provided by Council at the meeting of 9 August 2017 in relation to the extent of common property to be provided
with the principal CTS. The proposed plan also includes some further minor amendments to boundaries of the
proposed Subsidiary Community Title Scheme areas to align more closely with physical constraints boundaries
that will be established through the construction of the associated MCU delivery.

We trust that the above provides greater clarity and information to inform Council’s assessment of the proposed
development application. An itemised response to the items raised by Council in the information request is
provided below.

3.0 ITEMISED RESPONSE TO INFORMATION REQUEST

Council Issue
The application proposes a Community Title Scheme where the initial Principal Common Property excludes the
majority of the Principal Common Property attributed to the lot which will contain the Club Facilities Building. It is
considered that this area should be included in the initial Principal Common Property.

Furthermore the application proposes that sections of the access road are added to the Principal Common
Property as each lot is subdivided from the balance lot. It is also noted that the land between the access road the
property boundary is excluded from the Principal Common Property.

It is considered that the proposed formation of the Principal Common Property will be problematic with regards to
on-going implementation of the Bushfire Management Plan and potentially stormwater and other services.




JFP Ref: M2652                                                                                                    Page 5