2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                   3 MARCH 2015

                3      APPLICANT AS OWNER

                3.1    Warranty of Ownership
                       The Applicant warrants that, at the time of signing this deed, it has entered into
                       or will enter into and complete a contract to purchase Lot 135 MCH 978 at
                       Pearsons Road, Cooroy.
                       The Applicant warrants that, at the time of signing this deed, it is the owner of
                       Lot 5 SP 266731 at 61 Lake Macdonald Drive, Cooroy and Lot 8 SP 266743 at
                       1 Wilgee Court, Cooroy.

                4      APPEAL
                4.1    Filing of a Notice of Appeal
                       The Applicant has not and does not intend to file a Notice or Notices of Appeal
                       in respect of the Development Application/s and wholly indemnifies the Council
                       in respect its costs arising out of any appeal made contrary to this clause.
                5      INFRASTRUCTURE CONTRIBUTION
                5.1    Infrastructure Agreement overrides Development Permit and Infrastructure
                       Charges Notice
                       This deed applies to the extent of any inconsistency with the Development
                       Permit/s or Infrastructure Charges Notice/s.
                5.2    Indemnity for Adjustment
                       The Applicant wholly indemnifies the Council in respect of any adjustment to
                       the amount payable under an Infrastructure Charges Notice resulting from a
                       decision on a conversation application to convert non trunk infrastructure
                       relating to the Development Permit/s to trunk infrastructure.
                5.3    Infrastructure Contribution
                       The Applicant   is required to pay to the Council the amounts    stated in the
                       Infrastructure Charges Notice/s (the infrastructure charges) triggered by the
                       Development Permit/s and levied on the basis of the Noosa Shire Council
                       Adopted Infrastructure Charges Resolution current at the time of issuing the
                       Development Permit/s; and
                       The Applicant is required to transfer the land shown as “PARK” in Development
                       Permit REC 13/0146 to the Crown without cost to the Council and to carry out
                       the  Park   Embellishment   Infrastructure in accordance with    the Special
                       Conditions in Schedule 2.
                5.4    Time for Payment
                       The infrastructure charges are payable in accordance with the infrastructure
                       charge notice/s issued relating to the development permit/s.
                5.5    Offset for Works Contribution

                       Subject to the provisions of this agreement and as specified in Schedule 2 the
                       dedication of land for park and the completion of the Park Embellishment

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