Information Response - Lodgement

The current proposal will result in multiple body corporates each undertaking bushfire management related to
their individual lots for matters that are also related to other lots. The management of the Bushfire Management
Plan should be managed by the master body corporate to ensure a coordinated approach.

Information Required
1. An amended proposal which:
       a. Allocates all common property in the initial allocation of Principal Common Property.
       b. Allocates the land between the access road and the property boundary in the initial Principal Common
           Property.

Response
As indicated in Sections 1.0 and 2.0 above, this application seeks approval of up to 26 ‘balance lots’, with areas of
Common Property notated on the plan primarily provided for information purposes to inform Council as to the
approach to the proposed layered Community Title Scheme.

It is intended that a phased approach to the registration of common property will occur to align with the
construction sequencing of the proposed units to which this proposed reconfiguration of a lot application relates.
The areas of Principal Common Property notated on the proposal plan align with those areas required for
vehicular access and communal space adjacent to the approved resort facilities, with components to be delivered
in a staged approach as development proceeds. To allocate (or register) these areas of common property prior to
the completion of works would represent a titling approach that is ‘out of sequence’ and highly unusual.

Furthermore, we note that the proposed reconfiguration is simply seeking the approval of the resultant ‘balance
lots’ created as a consequence of BFP registration, and theoretically the areas of common property do not require
Council approval (as they do not form a reconfiguration of a lot as defined by SPA).

Notwithstanding, Council will note that the proposal plan has been updated to identify that the following areas
are intended to form Principal Common Property under the Principal CTS:-

    The land between the access road and the property boundary;
    Areas of the site identified by the approved MCU’s as accommodate areas identified for permanent
     stormwater detention basins for the development. Please note, the detailed design of final location of the
     basins is yet to be completed, and as such, we note that additional areas may be included in principal
     common property. Our client would be happy to accept a condition to this effect.

It is not intended that these areas form the initial allocation of Principal Common Property. Rather, these areas
will be added to the Principal Common Property under the Principal CTS incrementally with the staged
construction delivery (associated with the MCU’s over the land) and associated BFP registrations.


2. Draft principals of the Community Management Statement for the master body corporate detailing how the
   Bushfire Management Plan and stormwater will be managed across the entire site.

Response
As discussed at our meeting of 9 August 2017, the proposed development is intended to be the subject of a
Layered Community Title Scheme. It is anticipated that the Community Management Statement (CMS) associated
with the Principal Community Title Scheme will include bylaws that require that the Body Corporate
acknowledges and agrees to comply with the Bushfire Management Plan and Stormwater Management Plans
approved with the associated MCU’s over the subject land.




JFP Ref: M2652                                                                                                  Page 6