2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




                                                   Page 58 of 147

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                    3 MARCH 2015

                        In the event that the Applicant sells or transfers the Subject Site otherwise than
                        in compliance with Clause 8.1 (sale of the subject site) the Applicant must
                        perform and fulfil the Special Conditions at such time or times as the Council
                        stipulates, even if the time or times otherwise appointed for such performance
                        and fulfilment have not then arrived.
                8.3     Release from Liability
                        In the event that the Purchaser enters into a deed of novation or such further
                        deed or agreement which contractually obliges the Purchaser to the Council to
                        perform the Covenants, the Owner shall be forever released from the Special
                        Conditions or any further liability pursuant to this Deed or otherwise arising
                        from its subject matter and the provisions of this clause may be pleaded as a
                        bar to any proceedings brought by the Council.
                9       RECONFIGURATION OF THE SUBJECT SITE

                9.1     Reconfigured lot no longer bound by special conditions
                        If the Subject Site is reconfigured under the provosions of the SPA to create a
                        lot which is provided with infrastructure and services necessary to enable its
                        use in accordance with a development approval and is not intended to be the
                        subject of a material change of use and/or further reconfiguration, then the
                        Special Conditions no longer remain attached to the reconfigured lot and the
                        Owner of the reconfigured lot is no longer bound by the Special Conditions.
                9.2     Reconfigured lot remaining bound by special conditions
                        If the Subject Site is reconfigured to create a lot comprising:
                        (a)    the Subject Site or
                        (b)    part of the Subject Site which is not a reconfigured lot referred to in
                               Clause 9.1,
                       the Special Conditions remain attached to the reconfigured lot and the Owner
                        of the reconfigured lot remains bound by the Special Conditions
                10      SERVICE

                10.1    Service by prepaid post
                        A Notice is sufficiently made, given or served by a party if left at or forwarded
                        by prepaid post in an envelope addressed to the other party or any of them
                        (where there are more persons than one person comprising the other party) at
                        the address of that party specified in Schedule 1.
                10.2    Deemed service

                        A Notice if sent by prepaid post is deemed to have been made, given or served
                        at the time when in the due course of the post it would be delivered at the
                        address to which it is directed whether or not it is actually received.
                10.3.   Proof of service

                        In proving service of a Notice made, given or served by the Council it is only
                        necessary for the Council to certify to that effect under the hand of the Chief
                        Executive Officer.

                                                        11 of 20

                                                                                                    Page 58 of 147