Development Agreement

Transcription

1 Development Agreement Consolidated up to and including 11th Deed of Variation Council of the City of Caloundra (Council) Minister for Natural Resources (Minister) Kawana Estates Pty Ltd ACN (Kawana) Buddina Estates Pty Ltd ACN (Buddina)

2 CONTENTS DEVELOPMENT AGREEMENT 1 PURPOSE AND INTERPRETATION 2 2 GAZETTAL OF PROPOSED KAWANA WATERS DCP AND PROPOSED OTHER PLANNING SCHEME AMENDMENTS 9 2A PROPOSED AMENDMENT NO. 2 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS AND PROPOSED AMENDMENT NO. 1 OF THE PLANNING SCHEME FOR CALOUNDRA CITY COUNCIL 10 2B PROPOSED AMENDMENT NO. 4 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS 10 2C PROPOSED AMENDMENT NO. 5 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS AND PROPOSED AMENDMENT NO. 2 OF THE PLANNING SCHEME FOR CALOUNDRA CITY COUNCIL 11 2D PROPOSED AMENDMENT NO. 6 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS 13 3 DEVELOPMENT LEASE NO. 2 EXTENSION AND AMENDMENTS 13 4 OBLIGATIONS OF KAWANA AND BUDDINA 14 5 OBLIGATIONS OF COUNCIL AND MINISTER 15 6 PLANNING AND APPROVAL PROCESS 16 7 TERMS OF SETTLEMENT 23 8 COUNCIL AND MINISTER'S DISCRETION 23 9 ROADS SEWERAGE SPORTING FACILITIES OPEN SPACE COMMUNITY FACILITIES 42 13A 13B 13C SPECIFIC DEVELOPMENT OBLIGATIONS IN RESPECT OF DPA4 AND DPA10 48 COUNCIL CARPARKING SITE IN THE TOWN CENTRE SOUTH PRECINCT 55 CONSOLIDATED OFF-SITE CARPARKING FACILITY IN THE TOWN CENTRE EAST PRECINCT TOWN CENTRE 56 14A FUTURE PUBLIC TRANSPORT CORRIDOR 57

3 15 ASSIGNMENT DISPUTE RESOLUTION TERMINATION CHANGE IN DEVELOPMENT ENTITLEMENTS CHANGE OF OWNERSHIP MISCELLANEOUS STATEMENT OF PRINCIPLES 73 SCHEDULE 1 STATEMENT OF PRINCIPLES 74 ANNEXURE 1 DEVELOPABLE AREAS 77 ANNEXURE 2 FREEHOLD LAND 79 ANNEXURE 3 PROPOSED KAWANA WATERS DCP 80 ANNEXURE 4 PROPOSED OTHER PLANNING SCHEME AMENDMENTS 85 ANNEXURE 5 DEVELOPMENT LEASE NO 2 AMENDMENTS 86 ANNEXURE 6 REMAINING TERMS OF SETTLEMENT LAND 87 ANNEXURE 7 MULTI-MODAL TRANSPORT CORRIDOR 89 ANNEXURE 8 SEWERAGE OCEAN OUTFALL SCHEME AREA 91 ANNEXURE 9 ODOUR CONTROL WORKS 93 ANNEXURE 10 SEWERAGE TREATMENT PLANT BUFFER AND COMPENSATING LANDS 94 ANNEXURE 11 SPORTING FACILITIES LAND AND ADDITIONAL SPORTING FACILITIES LAND 96 ANNEXURE 12 OPEN SPACE REQUIREMENTS 98 ANNEXURE 13 DEVELOPMENT LINES (PARREARRA AND CURRIMUNDI NORTH BIRTINYA) 100 ANNEXURE 14 APPROVED SUBDIVISIONAL PROPOSAL/DESIGN PLANS 103 ANNEXURE 15 COMMUNITY FACILITY LOCATIONS 104 ANNEXURE 16 AREA REFERRED TO IN CLAUSE ANNEXURE 17 COMMUNITY DEVELOPMENT STRATEGY 108 ANNEXURE 18 KAWANA WATERS ASSESSMENT TEAM 109

4 ANNEXURE 19 CCC WORKLOAD/ACTIVITY SHEET MARCH FEBRUARY ANNEXURE 20 SCHEDULE OF TRUSTS 111 ANNEXURE 21 BORROW PITT 112 ANNEXURE 22 MAP OF BIRTINYA DPA, BOKARINA BEACH DPA, TOWN CENTRE DPA, HEALTH HUB DPA, BIRTINYA PENINSULA DPA AND BIRTINYA ISLAND EAST DPA 114 ANNEXURE 23 CARPARKING MANAGEMENT PLAN 117 ANNEXURE 24 DESIGN GUIDELINES FOR A KAWANA WATERS TOWN SQUARE AND THE TRANSIT THOROUGHFARE 119 ANNEXURE 25 FUTURE PUBLIC TRANSPORT CORRIDOR REFERRED TO IN CLAUSE 14A 121

5 2 KAWANA WATERS DEVELOPMENT AGREEMENT ANNEXURES ANNEXURE 1 ANNEXURE 2 ANNEXURE 3 ANNEXURE 4 ANNEXURE 5 ANNEXURE 6 ANNEXURE 7 ANNEXURE 8 ANNEXURE 9 ANNEXURE 10 ANNEXURE 11 ANNEXURE 12 ANNEXURE 13 ANNEXURE 14 ANNEXURE 15 ANNEXURE 16 ANNEXURE 17 ANNEXURE 18 ANNEXURE 19 ANNEXURE 20 ANNEXURE 21 ANNEXURE 22 DEVELOPABLE AREAS FREEHOLD LAND PROPOSED KAWANA WATERS DCP PROPOSED OTHER PLANNING SCHEME AMENDMENTS DEVELOPMENT LEASE NO 2 AMENDMENTS REMAINING TERMS OF SETTLEMENT LAND MULTI-MODAL TRANSPORT CORRIDOR SEWERAGE OCEAN OUTFALL SCHEME AREA ODOUR CONTROL WORKS SEWERAGE TREATMENT PLAN BUFFER AND COMPENSATING LANDS SPORTING FACILITIES LAND AND ADDITIONAL SPORTING FACILITIES LAND OPEN SPACE REQUIREMENTS DEVELOPMENT LINES (PARREARRA AND CURRIMUNDI NORTH BIRTINYA) APPROVED SUBDIVISIONAL PROPOSAL/DESIGN PLANS COMMUNITY FACILITY LOCATIONS AREA REFERRED TO IN CLAUSE 15.12(B) COMMUNITY DEVELOPMENT STRATEGY KAWANA WATERS ASSESSMENT TEAM CCC WORKLOAD / ACTIVITY SHEET MARCH FEBRUARY 2001 SCHEDULE OF TRUSTS BORROW PIT MAP OF BIRTINYA DPA, BOKARINA BEACH DPA, BIRTINYA PENINSULA DPA AND TOWN CENTRE DPA

6 ANNEXURE 23 ANNEXURE 24 CARPARKING MANAGEMENT PLAN DESIGN GUIDELINES FOR A KAWANA WATERS TOWN SQUARE

7 This deed is made 199 Between: COUNCIL OF THE CITY OF CALOUNDRA a local government constituted under the Local Government Act 1993 ("Council") MINISTER FOR NATURAL RESOURCES for the State of Queensland ("Minister") KAWANA ESTATES PTY LTD ACN of 770 Nicklin Way, Cooinda Heights, Caloundra in the State of Queensland ("Kawana") And BUDDINA ESTATES PTY LTD ACN of 770 Nicklin Way, Cooinda Heights, Caloundra in the State of Queensland ("Buddina") RECITALS A B C D E Kawana is the lessee under Development Lease No. 2 which forms part of the Developable Areas. Buddina and Kawana are the registered proprietors of respective areas of the Freehold Land which forms part of the Developable Areas. Kawana and Buddina wish to Develop the Developable Areas. The Council and the Minister are committed to the Development of the Developable Areas. The parties have adopted a common vision for the Development of the Developable Areas which seeks to integrate: (c) community values with the aim of creating a complete community with a strong residential emphasis and a sense of place; and market factors expected to govern and influence the rate, form and future growth of the local government area and region; and the need for the long term viability of the Development of the Developable Areas. F The parties have agreed to enter into this agreement: in consideration of its provisions to: commit to and to regulate the Development of the Developable Areas; and achieve the common vision for the Development of the Developable Areas set out in Recital E; and (c) in contemplation of the execution of the Transport Infrastructure Agreement; and in contemplation of the gazettal of the: Proposed Kawana Waters DCP; and Proposed Other Planning Scheme Amendments; and (d) in contemplation of the approval of the Governor in Council to the Development Lease No. 2 Extension.

8 2 G H The Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments have been the subject of a public notice process and the public has had the opportunity to comment on or object to them. Following the public notice process referred to in Recital G, the Council considers that in the public interest the Development of the Developable Areas should be supported. OPERATIVE PROVISIONS: 1 PURPOSE AND INTERPRETATION 1.1 This Agreement shall have no force or effect until it is executed by all parties. 1.2 This Agreement is intended to: evidence the obligations of the parties in relation to the Development of the Developable Areas and to explain the commercial basis on which those obligations were negotiated; and constitute an infrastructure agreement under Part 6 of the Act. 1.3 The following words have these meanings in this Agreement unless the contrary intention appears. Act means the Local Government (Planning and Environment) Act Additional Sporting Facilities Land means that part of the Developable Areas not exceeding 6,400m² in area generally identified as Area 5 on Annexure 11. amend, in relation to a planning scheme, includes to add to, to omit, to alter or to modify. Amendment Application means an application made by the Council to the Chief Executive of the Department of Local Government and Planning pursuant to section 2.20 of the Act for the approval of the Governor in Council of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments on the basis that the approval of the Governor in Council will be sought by the Chief Executive after: (c) the Transport Infrastructure Agreement has been executed by Kawana, Buddina and DOT; and the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments have been proposed to be amended by the Chief Executive or the Minister of the Department of Local Government and Planning, with the agreement of the parties pursuant to clause 2.6, to give effect to the Transport Infrastructure Agreement; and this Agreement has been amended, if necessary, to give effect to the Transport Infrastructure Agreement. Birtinya Canal means the Birtinya Canal generally identified on the plan in Annexure 22. Birtinya DPA means DPA 11 in the Kawana Waters DCP as generally identified on the plan in Annexure 22. Bokarina Beach DPA means DPA 2 in the Kawana Waters DCP as generally identified on the plan in Annexure 22.

9 3 Buffer Area means the area within the Developable Areas within 1200 metres of the current inlet structure of the Sewerage Plant as identified in Annexure 10. Building means any fixed Structure which is either wholly or in part enclosed by walls and which is roofed and includes part of a Building. Business Days means any day other than a Saturday, Sunday or public holiday in the whole of Queensland Caloundra Town Planning Scheme means the town planning scheme for the City of Caloundra gazetted on 17 December Carparking Management Plan means a written document which is prepared and approved in accordance with clause 13C.1. Community Development Strategy means the document entitled Kawana Waters Community Development Strategy in Aneexure 17. Community Purpose means the use of land: undertaken by a government entity or agency, a charitable organisation or a notfor-profit community organisation; and for a purpose to the benefit of the community or a part of the community, including for example the provision of support services for the sick or needy or their families or the operation of a community biobank. CPI means the Consumer Price: All Groups Index for Brisbane, published by the Australian Bureau of Statistics or if that index is no longer published, then an index which in the reasonable opinion of the Council is a similar index. Department of Environment means the department or minister of the Crown responsible for the administration of legislation relating to odour. Design Guidelines for a Kawana Waters Town Square and the Transit Thoroughfare means the document entitled Design Guidelines for a Kawana Waters Town Square and the Transit Thoroughfare in Annexure 24. Detailed Planning Area Plan has the meaning ascribed to that term in the Kawana Waters DCP Determinator means the person appointed as the determinator pursuant to clause 16 Developable Areas means the land in Development Lease No. 2 and the Freehold Land which is within the local government area of the Council at the date of this Agreement, all of which is identified in Annexure 1. Development means all or any of the following: (c) (d) any further rezoning of the Developable Areas; and the subdivision of the Developable Areas or Buildings or Structures erected on the Developable Areas; and the erection of Buildings or Structures on the Developable Areas; and the construction of roads, stormwater drainage and community facilities and all other services and infrastructure facilities necessary or desirable for the Development of the Developable Areas; and

10 4 (e) (f) (g) (h) any application under the Caloundra Town Planning Scheme, Development Lease No. 2, the Act or the Land Act 1994, including applications for consent or notification of conditions of Development; and the use of the Developable Areas or Buildings or Structures erected on the Developable Areas; and any activity including engineering, dredging, filling, excavation, clearing and landscaping necessary to facilitate the matters set out in paragraphs to (f); and any application for approval of a Master Plan under the Master Planned Community Development Process, and Develop has a corresponding meaning. Development Documents means:- Development Lease No. 2 as amended by the Development Lease No. 2 Amendments and the Development Lease No. 2 Extension; and (c) (d) (e) the Kawana Waters DCP, the Other Planning Scheme Amendments and the Caloundra Town Planning Scheme; and the Transport Infrastructure Agreement; and this Agreement; and the Infrastructure Agreement. Development Entitlements means the entitlement to Develop the Developable Areas for the preferred land use elements identified on the DCP Maps and described in the Kawana Waters DCP within the limits stated in the Kawana Waters DCP. Development Lease No. 2 means the development lease granted to Kawana under The Crown Land Development Act of 1959 on 6 October 1960 as amended by orders in council dated 25 August 1966, 10 March 1983, 12 May 1983, 17 December 1987, 19 December 1991 and 16 December To ensure there is no uncertainty in the interpretation of the Agreement, the parties agree that the term Development Lease No. 2 shall from the time specified in clause 3.9 include the Development Lease No. 2 Amendments and the Development Lease No. 2 Extension. Development Lease No. 2 Amendments means the amendments to Development Lease No. 2 set out in Annexure 5. Development Lease No. 2 Extension means the granting of a 10 year extension of the term of Development Lease No. 2 by the Minister with the approval of the Governor in Council. Development Lines means the development limit lines set out in Annexure 13. Development Obligations means the obligations under this Agreement other than the obligations to be fulfilled by the State, a government owned corporation or a local government. DOT means the Queensland Department of Transport or the department or Minister of the Crown responsible for the administration of legislation relating to State Controlled Roads. DPA has the meaning ascribed to that term in the Kawana Waters DCP. Flood Plain Area means the flood storage area identified under the Flood and Tidal

11 5 Hydraulic Model Studies of the Mooloolah River dated December Freehold Land means that land set out in Annexure 2 which is within the local government area of the Council at the date of Agreement of which Kawana and Buddina are the registered proprietors of respective parts and includes any part of that land comprised in Development Lease No. 2 which is within the local government area of the Council at the date of this Agreement which is later freeholded by Kawana. Fulfilled Development Obligations means Development Obligations that have been fulfilled or substantially commenced. Infrastructure Agreement means the Infrastructure Agreement with respect to the Regional Hospital Land between the Council, Kawana, Buddina, the NRW Minister and the State of Queensland acting through Queensland Health dated 18 May 2007 which is intended to constitute an infrastructure agreement under the Integrated Planning Act Kawana Waters Community Facilities Account means the account for community facilities to be established under clause Kawana Waters DCP means the Proposed Kawana Waters DCP gazetted pursuant to clause 2 and any amendments subsequently made to the Proposed Kawana Waters DCP pursuant to the Act. Kawana Waters Sports Complex means the sporting complex and associated fields known as the Kawana Waters Sports Complex and located at Warana. Master Plan has the meaning ascribed to that term in the Kawana Waters DCP. Master Planned Community Development Process means the master planned community development process set out in the Kawana Waters DCP and this Agreement. Multi-Modal Transport Corridor means the proposed State Controlled Road set out in Annexure 7. Neighbourhood/Village Plan has the meaning ascribed to that term by the Kawana Waters DCP. North Birtinya Precinct means the North Birtinya Precinct in the Birtinya DPA as generally identified on the plan in Annexure 22. Odour Consultant means the person appointed by the Council and approved by Kawana and Buddina to undertake a monitoring program to establish whether the odour emission requirements referred to in Annexure 9 are being exceeded. Odour Control Works means those works to be carried out in accordance with clause 10 as set out in Annexure 9. Open Space means any publicly available land used or intended for use as public gardens, public recreation area, recreational, ecological, amenity or property protection purposes or esplanade areas, whether or not the land is in a natural state. Open Space Requirements means the open space area requirements set out in Annexure 12. Other Planning Scheme Amendments means the Proposed Other Planning Scheme Amendments gazetted pursuant to clause 2 and any amendments subsequently made to

12 6 the Proposed Other Planning Scheme Amendments pursuant to the Act. Perrins Land means Lot 3 on RP and Lots 7 and 8 on Plan C3125 and Lots 14 and 55 on Plan CG3241 County of Canning, Parish of Bribie. Precinct/Estate Plan has the meaning ascribed to that term in the Kawana Waters DCP, Proposed Kawana Waters DCP means the proposed Kawana Waters Development Control Plan set out in Annexure 3 and includes the planning study prepared under the Act in respect of the proposed Kawana Waters Development Control Plan and any modifications to the proposed Kawana Waters Development Control Plan in Annexure 3 made by the Governor in Council pursuant to clause 2. Proposed Other Planning Scheme Amendments means the proposed amendments to the Caloundra Town Planning Scheme set out in Annexure 4 and includes any modifications to the Proposed Other Planning Scheme Amendments in Annexure 4 made by the Governor in Council pursuant to clause 2. Remaining Terms of Settlement Land means that part of the Developable Areas identified in Annexure 6. Road means: (c) a street or road dedicated to the public; and a bridge and the approaches thereto; and a street or road that is not dedicated but which is fully accessible to the public and operates as a public road in accordance with an agreement between Kawana, Buddina and the Council under clause Error! Reference source not ound., other than an existing or future State Controlled Road. Schedule of Trusts means the schedule of trusts set out in Annexure 20. Sewerage Agreement No. 1 means the deed of agreement between Kawana, Buddina and the Council of the Shire of Landsborough (now constituted as the Council) dated 13 March Sewerage Agreement No. 2 means the deed of agreement between Kawana, Buddina and the Council dated 16 March Sewerage Headworks means those works, structures or equipment determined by the Council pursuant to its Sewerage Headworks Policy to be sewerage headworks. Sewerage Headworks Policy means the Council s local planning policy in relation to Sewerage Headworks and Sewerage Works External. Sewerage Ocean Outfall Scheme means all works, structures, pumping, plant and ancillary equipment for the purpose of discharging suitably treated sewage from the Sewerage Plant to a controlled outfall point in the Southern Pacific Ocean and as constructed on land, in road reserves, easements, parks and public reserves on a route, as far as is practicable, directly eastwards from the Sewerage Plant to the Southern Pacific Ocean. Sewerage Ocean Outfall Scheme Area means that land identified in Annexure 8. Sewerage Plant means the Kawana Waters sewerage treatment plant located adjacent

13 7 to the Mooloolah River being that property more particularly described as Lot 1 on Registered Plan Parish of Bribie County of Canning. Sewerage Works External means those works, structures or equipment necessary for the purpose of connecting Sewerage Works Internal to the Sewerage Plant and does not include Sewerage Works Internal or Sewerage Headworks. Sewerage Works Internal means those works, structures or equipment necessary for the reticulation of sewage from allotments into which land is proposed to be subdivided whether under the Act or otherwise. Site Development Plan has the meaning ascribed to that term in the Kawana Waters DCP. Sporting Facilities includes, but is not limited to, playing fields, rinks, greens or courses, indoor and outdoor courts, swimming pools, stadium and sporting arenas, velodromes and race tracks and ancillary uses related to those facilities but does not include Open Space. Sporting Facilities Land means that part of the Developable Areas not exceeding 31.2 hectares in area generally identified as areas 1 and 3 on Annexure 11. State Controlled Road has the meaning ascribed to that term in the Transport Infrastructure Act Structure includes any building, wall, fence or other structure or anything affixed to or projecting from any building, wall, fence or other structure and any part of a structure. Structure Plan has the meaning ascribed to that term in the Kawana Waters DCP. Surf Life Savers Land means 5,000 m 2 of land provided for in the community facilities land identified in clause 13. Terms of Settlement means the order of J P Harvey as appointee of the then Minister for Lands made on 4 September 1962 with the consent of Kawana and Buddina and the Council of the Shire of Landsborough (now constituted as the Council). Town Centre DPA means DPA 13 in the Kawana Waters DCP as generally identified on the plan in Annexure 22. Town Centre East Precinct means the Town Centre East Precinct in the Town Centre DPA as generally identified on the plan in Annexure 22. Town Centre Residential Precinct means the Town Centre Residential Precinct in the Town Centre DPA as generally identified on the plan in Annexure 22. Town Centre South Precinct means the Town Centre South Precinct in the Town Centre DPA as generally identified on the plan in Annexure 22. Town Centre West Precinct means the Town Centre West Precinct in the Town Centre DPA as generally identified on the plan in Annexure 22. Transport Infrastructure Agreement means a written agreement between Kawana, Buddina and DOT setting out the parties obligations in respect of existing and future State Controlled Roads (including the alignment and configuration of the Multi-Modal Transport Corridor) which is to be entered into before the Chief Executive of the Department of Local Government and Planning seeks the approval of the Governor in Council of the Proposed Kawana Waters DCP and the Proposed Other Planning

14 8 Scheme Amendments. Use in relation to land, includes the carrying out of excavation work in or under land and the placing on land of any material or thing which is not a building or structure and any use which is incidental to and necessarily associated with the lawful use of the relevant land. User Population Entitlement means the number of equivalent persons as calculated in accordance with the relevant provisions of this Agreement. 1.4 In this Agreement unless the contrary intention appears: a reference to: (iii) (iv) (v) this Agreement or another instrument includes any variation or replacement of either of them; and a statute, ordinance, code, planning scheme, by-law or other law includes regulations and other instruments under them and consolidations, amendments, re-enactments or replacements of any of them; and a person includes a reference to the person s executors, administrators, successors, substitutes (including, but not limited to, persons taking by a deed of novation) and assigns; and a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later; and the word including when introducing an item or list of items does not limit the meaning of the words to which the list relates to that item or items or to items of a similar kind. (c) (d) (e) (f) the singular includes the plural and vice versa; and the word person includes a firm, a body corporate, an unincorporated association or an authority; and if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day; and headings are inserted for convenience and do not affect the interpretation of this Agreement; and where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings. 1.5 In this Agreement, a reference to an agreement, representation or warranty on the part of or in favour of two or more parties binds or is for the benefit of those parties: jointly and severally in the case of clauses 9 and 13.5; and severally but not jointly in all other cases to the extent that the party owns the relevant land.

15 9 2 GAZETTAL OF PROPOSED KAWANA WATERS DCP AND PROPOSED OTHER PLANNING SCHEME AMENDMENTS 2.1 The Council must: (c) (d) (e) within 7 days of the date of this Agreement, make the Amendment Application; and promptly follow up the Amendment Application with the Chief Executive of the Department of Local Government and Planning; and generally use its best endeavours to ensure that the Amendment Application is submitted to the Governor in Council for approval where the preconditions to the Chief Executive of the Department of Local Government and Planning seeking the approval of the Governor in Council to the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments have been fulfilled; and subject to clause 2.3 support the approval of the Governor in Council without amendment of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments where the preconditions to the Chief Executive of the Department of Local Government and Planning seeking the approval of the Governor in Council to the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments have been fulfilled; and upon becoming aware of any amendments proposed to be made to the Proposed Kawana Waters DCP or the Proposed Other Planning Scheme Amendments by the Chief Executive of the Department of Local Government and Planning before referral to the Governor in Council for approval, promptly advise the other parties in writing of such proposals. 2.2 The Council and the Minister must use their best endeavours to seek the approval and gazettal of the Amendment Application as soon as possible after the preconditions to the Chief Executive of the Department of Local Government and Planning seeking the approval of the Governor in Council to the Proposed Kawana Waters DCP and Proposed Other Planning Scheme Amendments have been fulfilled. 2.3 Any party may, by notice in writing to the other parties, terminate this Agreement before the gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments: where the Chief Executive or the Minister of the Department of Local Government and Planning or Governor in Council proposes to make amendments to the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments and that party is materially adversely affected by such proposed amendments; or where the Governor in Council s approval of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments is not notified in the gazette by 31 December 1996 or such longer period of periods (not extending beyond 31 December 1997) as agreed in writing between the parties before the expiry of the original or any extended period as the case may be. 2.4 Upon the termination of this Agreement no party will be liable to another concerning the performance of this Agreement. 2.5 In the event that all of the parties agree in writing to extend a time specified in clause 2, that clause will be read as if the extended time is substituted for the original time.

16 If the Chief Executive or the Minister of the Department of Local Government and Planning propose to amend the Proposed Kawana Waters DCP or the Proposed Other Planning Scheme Amendments to give effect to the Transport Infrastructure Agreement then: the parties will confer with a view to reaching agreement to the proposed amendments; and upon agreement to the proposed amendments by the parties: the Amendment Application will be deemed to be amended by the inclusion of the proposed amendments to the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments; and the Council must notify the Chief Executive of the Department of Local Government and Planning of the amendment to the Amendment Application. The dispute resolution process in clause 16 will not apply if the parties cannot reach agreement to the proposed amendments. 2A PROPOSED AMENDMENT NO. 2 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS AND PROPOSED AMENDMENT NO. 1 OF THE PLANNING SCHEME FOR CALOUNDRA CITY COUNCIL 2A The Council will, within one (1) month of (the later of) the gazettal of Proposed Amendment. No. 1 of Development Control Plan 1 Kawana Waters as set out in Schedule 1 of the Sixth Deed of Variation to the Development Agreement and the gazettal of Proposed Temporary Local Planning Instrument No. 1 Affecting the Planning Scheme of the Caloundra City Council as set out in Schedule 4 of the Sixth Deed of Variation to the Development Agreement, consider whether to propose, pursuant to section 9 (Resolution proposing planning scheme) of Schedule 1 of the Integrated Planning Act 1997, an amendment to the: Kawana Waters DCP in accordance with Proposed Amendment No. 2 of Development Control Plan 1 Kawana Waters as set out in Schedule 2 of the Sixth Deed of Variation to the Development Agreement; and Caloundra City Council Planning Scheme in accordance with Proposed Amendment No. 1 of the Planning Scheme for Caloundra City Council as set out in Schedule 3 of the Sixth Deed of Variation to the Development Agreement. If the Council resolves pursuant to section 9 (Resolution proposing planning scheme) of Schedule 1 of the Integrated Planning Act 1997 to propose Proposed Amendment No. 2 of Development Control Plan 1 Kawana Waters and Proposed Amendment No. 1 of the Planning Scheme for Caloundra City Council, the Council shall, in relation to these proposed amendments and to the greatest extent permitted by law, comply with the process in Schedule 1 of the Integrated Planning Act 1997 in a manner which is as timely as is reasonably practicable. 2B PROPOSED AMENDMENT NO. 4 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS 2B.1 The Council is to as soon as is reasonably practicable after the Commencement Date of the Ninth Deed of Variation to the Development Agreement consider whether to propose pursuant to section 117 (Process for making or amending local planning instrument) of the Sustainable Planning Act 2009, an amendment to the Kawana Waters DCP in

17 11 accordance with the Proposed Amendment No. 4 of Development Control Plan 1 Kawana Waters as set out in Schedule 2 of the Ninth Deed of Variation to the Development Agreement. 2B.2 If the Council resolves pursuant to section 117 (Process for making or amending local planning instrument) of the Sustainable Planning Act 2009 to propose Proposed Amendment No. 4 of Development Control Plan 1 Kawana Waters, the Council is to comply with the process referred to in 117 (Process for making or amending local planning instrument) of the Sustainable Planning Act 2009 in a manner which is as timely as is reasonably practicable. 2B.3 Kawana and Buddina: support the making of the Proposed Amendment No. 4 of Development Control Plan 1 Kawana Waters; and must take all steps reasonably necessary to support the Council in relation to the making of the Proposed Amendment No. 4 of Development Control Plan 1 Kawana Waters. 2B.4 Kawana and Buddina waive their rights under the Integrated Planning Act 1997, the Sustainable Planning Act 2009, other legislation (including subordinate legislation), the Development Agreement and in particular clause 18 (Change in Development Entitlements) of the Development Agreement or otherwise at law or in equity to claim compensation or damages in respect of the making of the Proposed Amendment No. 4 of Development Control Plan 1 Kawana Waters. 2C PROPOSED AMENDMENT NO. 5 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS AND PROPOSED AMENDMENT NO. 2 OF THE PLANNING SCHEME FOR CALOUNDRA CITY COUNCIL 2C.1 The Council is to as soon as is reasonably practicable after the Commencement Date of the Tenth Deed of Variation to the Development Agreement consider whether to propose pursuant to section 117 (Process for making or amending local planning instrument) of the Sustainable Planning Act 2009, an amendment to the: Kawana Waters DCP in accordance with the Proposed Amendment No. 5 of Development Control Plan 1 Kawana Waters as set out in Schedule 2 of the Tenth Deed of Variation to the Development Agreement; and Caloundra City Council Planning Scheme in accordance with the Proposed Amendment No. 2 of the Planning Scheme for Caloundra City Council as set out in Schedule 2 of the Tenth Deed of Variation to the Development Agreement. 2C.2 If the Council resolves pursuant to section 117 (Process for making or amending local planning instrument) of the Sustainable Planning Act 2009 to propose Proposed Amendment No. 5 of Development Control Plan 1 Kawana Waters and Proposed Amendment No. 2 of the Planning Scheme for Caloundra City Council, the Council is to comply with the process referred to in section 117 (Process for making or amending local planning instrument) of the Sustainable Planning Act 2009 in a manner which is as timely as is reasonably practicable. 2C.3 Subject to clause 2C.4, Kawana and Buddina: support the making of the Proposed Amendment No. 5 of Development Control Plan 1 Kawana Waters and the Proposed Amendment No. 2 of the Planning Scheme for Caloundra City Council; and

18 12 must take all steps reasonably necessary to support the Council in relation to the making of the Proposed Amendment No. 5 of Development Control Plan 1 Kawana Waters and the Proposed Amendment No. 2 of the Planning Scheme for Caloundra City Council. 2C.4 Kawana, Buddina and the Council acknowledge: that in accordance with section A (Development control plans under repealed Act) of the Integrated Planning Act 1997 and section 1.1.2(2) of the Caloundra City Plan 2004, the Kawana Waters DCP was included in the Caloundra City Plan 2004 in respect of only that part of the planning scheme area within the Kawana Waters DCP as shown on Map CCC1 of the Caloundra City Plan 2004; and that as part of the Proposed Amendment No. 5 of the Development Control Plan 1 Kawana Waters, the Council proposes to amend the Kawana Waters DCP to change the DCP Area as defined in the Kawana Waters DCP to that shown on Map CCC1 of the Caloundra City Plan 2004; and (c) that Kawana and Buddina will not object to that amendment of the Kawana Waters DCP. 2C.5 Kawana, Buddina and the Council acknowledge the following: (c) the Development Entitlements provided for at the commencement of this clause in the Kawana Waters DCP and as reflected in the approved Structure Plan are to be increased by the Proposed Amendment No. 5 of Development Control Plan 1 Kawana Waters and Proposed Amendment No. 2 of the Planning Scheme for Caloundra City Council; that an application is to be made to the Council and the Minister for approval of an amended Structure Plan and other Master Plans in respect of the increased Development Entitlements; the Development Obligations under this Agreement have been amended as required under clause 18.1 to take account of the increased Development Entitlements other than in respect of the following: existing or future State Controlled Roads or other Roads; Sewerage Works Internal, Sewerage Works External or Sewerage Headworks; (d) (e) the Council and the Minister can, in addition to clause 9, require Kawana and Buddina to perform any work, contribute by way of cash payment, transfer land or dedicate land for existing or future State Controlled Roads or other Roads necessary to accommodate the Development of the Developable Areas provided for in the amended Structure Plan; the requirements in respect of Sewerage Works Internal, Sewerage Works External or Sewerage Headworks are to be determined by the Council under this Agreement. 2C.6 Kawana and Buddina waive their rights under the Integrated Planning Act 1997, the Sustainable Planning Act 2009, other legislation (including subordinate legislation), the Development Agreement and in particular clause 18 (Change in Development Entitlements) of the Development Agreement or otherwise at law or in equity to claim compensation or damages in respect of the making of the Proposed Amendment No. 5 of

19 13 Development Control Plan 1 Kawana Waters and the Proposed Amendment No. 2 of the Planning Scheme for Caloundra City Council. 2C.7 The Council waives its rights under clause 18 (Change in Development Entitlements) of the Development Agreement in respect of the making of the Proposed Amendment No. 5 of Development Control Plan 1 Kawana Waters and Proposed Amendment No. 2 of the Planning Scheme for Caloundra City Council on the basis of clause 2C.5. 2D PROPOSED AMENDMENT NO. 6 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS 2D.1 The Council is to, as soon as is reasonably practicable after the day the Town Centre TLPI as defined in the Eleventh Deed of Variation to the Development Agreement takes effect, consider whether to propose pursuant to section 86 (Planning schemes for particular local governments), section 857 (Development control plans under repealed LGP&E Act) and section 117 (Process for preparing, making or amending local planning instruments) of the Sustainable Planning Act 2009, an amendment to the Kawana Waters DCP in accordance with the Proposed Amendment No. 6 of Development Control Plan 1 Kawana Waters as set out in Schedule 3 of the Eleventh Deed of Variation to the Development Agreement. 2D.2 If the Council resolves pursuant to section 86 (Planning schemes for particular local governments), section 857 (Development control plans under repealed LGP&E Act) and section 117 (Process for preparing, making or amending local planning instruments) of the Sustainable Planning Act 2009 to propose Proposed Amendment No. 6 of Development Control Plan 1 Kawana Waters, the Council is to comply with the process referred to in section 117 (Process for preparing, making or amending local planning instruments) of the Sustainable Planning Act 2009 in a manner which is as timely as is reasonably practicable. 2D.3 Kawana and Buddina: support the making of the Proposed Amendment No. 6 of Development Control Plan 1 Kawana Waters; and must take all steps reasonably necessary to support the Council in relation to the making of the Proposed Amendment No. 6 of Development Control Plan 1 Kawana Waters. 2D.4 Kawana and Buddina waive their rights under the Integrated Planning Act 1997, the Sustainable Planning Act 2009, other legislation (including subordinate legislation), the Development Agreement and in particular clause 18 (Change in Development Entitlements) of the Development Agreement or otherwise at law or in equity to claim compensation or damages in respect of the making of the Proposed Amendment No. 6 of Development Control Plan 1 Kawana Waters. 3 DEVELOPMENT LEASE NO. 2 EXTENSION AND AMENDMENTS 3.1 Kawana hereby requests the Minister to apply to the Governor in Council for the approval of the Development Lease No 2 Extension. Kawana must not withdraw this request. 3.2 The Minister agrees to make application to the Governor in Council for the approval of the Development Lease No 2 Extension after the preconditions to the Chief Executive of the Department of Local Government and Planning seeking the approval of the Governor in Council to the Proposed Kawana Waters DCP and Proposed Other Planning Scheme Amendments are fulfilled so that the Development Lease No 2 Extension is approved the

20 14 day prior to the gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments. 3.3 The Council, the Minister and Kawana and Buddina must use their best endeavours to seek the approval of the Development Lease No. 2 Extension on the day prior to the gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments. 3.4 The Council and Minister must upon becoming aware of any circumstance which would prevent the Development Lease No. 2 Extension being approved or the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments being gazetted in the timeframe contemplated by clause 3.3, promptly advise the other parties in writing of such a circumstance. 3.5 Any party may, by notice in writing to the other parties, terminate this Agreement before the gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments: where the approval of the Development Lease No 2 Extension and the gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments does not occur in accordance with the timeframe contemplated by clause 3.3; or where the Development Lease No. 2 Extension is not approved by 31 December 1996 or such longer period or periods (not extending beyond 31 December 1997) as agreed in writing between the parties before the expiry of the original or any extended period as the case may be. 3.6 Upon the termination of this Agreement no party will be liable to another concerning the performance of this Agreement. 3.7 In the event that all of the parties agree in writing to extend a time specified in clause 3, clause 3 will be read as if the extended time is substituted for the original time. 3.8 Kawana and the Minister agree that from the time specified in clause 3.9, Development Lease No. 2 is amended in accordance with the Development Lease No.2 Amendments. 3.9 The parties agree that the Development Lease No. 2 Amendments will not take effect until the last of the: the Proposed Kawana Waters DCP is gazetted under clause 2; and the Proposed Other Planning Scheme Amendments are gazetted under clause 2; and (c) the Development Lease No 2 Extension is approved under clause 3. 4 OBLIGATIONS OF KAWANA AND BUDDINA 4.1 Kawana and Buddina s obligations under this Agreement other than clauses 2.6, 3, 15, 16, 20.1, 20.8, 20.9, 20.11, 20.11A and commence upon: the gazettal of: the Proposed Kawana Waters DCP; and

21 15 the Proposed Other Planning Scheme Amendments; and the approval of the Development Lease No. 2 Extension. Kawana and Buddina s obligations under clauses 2.6, 3, 15,16, 20.1, 20.8, 20.9, 20.11, 20.11A and commence on the date of this Agreement. 4.2 Kawana and Buddina must comply with and be bound by the Development Documents. 4.3 Buddina must within 15 Business Days file in the Planning and Environment Court in Brisbane a notice of withdrawal of Planning and Environment Appeal No 229 of 1994 between Buddina, the Council and the Director-General of the Department of Transport and notify the Council that the application in respect of which the appeal was lodged has been withdrawn. 4.4 Buddina must within 15 Business Days file in the Planning and Environment Court in Brisbane a notice of withdrawal of Planning and Environment Appeal No 153 of 1994 between Buddina and the Council. 5 OBLIGATIONS OF COUNCIL AND MINISTER 5.1 The Council and the Minister s obligations under this Agreement other than under clauses 2, 3.2, 3.3, 3.4, 5.4, 15, 16, 20.1, 20.11, 20.11A and commence upon: the gazettal of: the Proposed Kawana Waters DCP; and the Proposed Other Planning Scheme Amendments; and the approval of the Development Lease No. 2 Extension. The Council and the Minister s obligations under clauses 2, 3.2, 3.3, 3.4, 5.4, 15, 16, 20.1, 20.11, 20.11A and commence on the date of this Agreement. 5.2 The Council and the Minister must comply with and be bound by the Development Documents other than: the Transport Infrastructure Agreement; and in the case of the Council, Development Lease No The Council and the Minister acknowledge that: Kawana and Buddina intend to pursue the introduction of legislation (which would apply either to the Developable Areas or generally to Queensland) containing mechanisms to: impose an architectural and landscape code on the owners and occupiers of the Developable Areas; and regulate the way in which those owners and occupiers and, where appropriate, members of the public, use and enjoy recreational facilities and allotments within the Developable Areas; and the mechanisms referred to in clause 5.3 may include a management statement similar to that provided for in Division 5 of Part 6 of the Mixed Use

22 16 Development Act 1993, but appropriately modified to cater for horizontal subdivision of the Developable Areas. 5.4 The Council agrees to support Kawana and Buddina in their efforts to: have the Development Lease No. 2 Extension made to Development Lease No. 2; and procure the legislation referred to in clause Subject to any legal obligations that the Council and the Minister may be under from time to time as a consequence of their exercising their powers, authorities, duties or functions as a public authority (but as modified under this Agreement in accordance with Part 6 of the Act), the Council and the Minister agree to support the Development of the Developable Areas in accordance with the requirements of the Development Documents. 5.6 Kawana and Buddina hereby agree to waive their rights under the Act, other legislation (including subordinate legislation) or otherwise at law or in equity to claim compensation or damages in respect of any loss (including consequential loss) they suffer by reason of the gazettal of the Proposed Kawana Waters DCP or the Proposed Other Planning Scheme Amendments. 5.7 Notwithstanding clause 5.6, where the Minister responsible for the Integrated Planning Act 1997, whether acting by way of direction to the Council or acting directly makes modifications to the Proposed Kawana Waters DCP and Proposed Other Planning Scheme Amendments without the knowledge or consent of the parties which have the effect of reducing or increasing Kawana and Buddina s Development Entitlements as set out in the Proposed Kawana Waters DCP and Proposed Other Planning Scheme Amendments which formed part of the Amendment Application, the parties agree that the provisions of clauses 18.1, (c), (d) and (e) shall apply. 6 PLANNING AND APPROVAL PROCESS Development of Developable Areas 6.1 The parties agree that land designated DPA or Urban under the Kawana Waters DCP shall not be Developed except for an Existing Use unless: the Master Plans required to be prepared by the Kawana Waters DCP in respect of the land have been approved in accordance with: the Kawana Waters DCP in the case of the Freehold Land; and this Agreement in the case of land within Development Lease No 2; and where the Development involves the Subdivision of the land, the Development is to be carried out on an allotment specifically identified and approved for that purpose by a Subdivision approved in accordance with: the Kawana Waters DCP in the case of the Freehold Land; and this Agreement in the case of land within Development Lease No 2; and (c) the Development complies with: the Development Documents; and

23 17 the approved Master Plans including the conditions of approval, Development Criteria, Urban Design Performance Criteria and Site Development Plan Design Parameters. Subdivision of Developable Areas 6.2 The parties agree that land designated DPA or Urban under the Kawana Waters DCP shall not be Subdivided unless: the Master Plans required to be prepared by the Kawana Waters DCP in respect of the land have been approved in accordance with: the Kawana Waters DCP in the case of Freehold Land; and this Agreement in the case of the land within Development Lease No 2; and a Subdivisional approval is granted by: the Council under the Act in accordance with the Kawana Waters DCP in the case of the Freehold Land; and the Minister under the Land Act 1994 in accordance with this Agreement in the case of land within Development Lease No 2; and (c) (d) the Subdivision is to enable the Development of the land for a Permitted Development, Conditional Permitted Development or Permissible Development under the Kawana Waters DCP; and the Subdivision complies with: (iii) the Development Documents; and the approved Master Plans including the conditions of approval, Development Criteria, Urban Design Performance Criteria and Site Development Plan Design parameters; and in relation to the land within Development Lease No 2 those provisions of Part 5 of the Act (other than time frames) relating to the design, specification, and construction of works the subject of the Subdivisional approval. 6.3 The parties acknowledge and agree that an application for Subdivision of land within Development Lease No 2 which is within the local government area of the Council must be made to the Minister pursuant to the Land Act 1994 in accordance with this Agreement and Development Lease No The parties agree that an application for Subdivision approval pursuant to clause 6.3 shall: be in the form prescribed by the Minister; and contain the information prescribed by the Act. 6.5 Kawana shall submit a copy of the application for Subdivision approval made to the Minister pursuant to clause 6.3 to the Council within 2 Business Days accompanied by the fee specified in this Agreement.

24 The parties agree that the Council may within 14 days of the submission of the application for Subdivision pursuant to clause 6.5 with the Council, request Kawana to provide such further particulars as are necessary to determine its recommendation in respect of the application for Subdivision. 6.7 The parties agree that an application for Subdivision pursuant to clause 6.3 is to be taken not to be duly made until: all the provisions of clause 6.4 have been complied with; and Kawana has provided the particulars requested pursuant to clause The parties acknowledge and agree that the Council shall determine its recommendation on a Subdivision application in accordance with section of the Kawana Waters DCP. 6.9 The parties acknowledge and agree that the Council must in respect of the Subdivision application submitted to Council pursuant to clause 6.5 recommend to the Minister:- (c) the approval of the Subdivision application; or the approval of the Subdivision application subject to conditions; or the refusal of the Subdivision application (which refusal shall contain the reasons for the refusal) The Council shall give written notice to Kawana and the Minister of its recommendation under clause 6.9 within 10 Business Days of making its recommendation Where Kawana or the Minister are not satisfied with the recommendation of the Council under clause 6.9, Kawana or the Minister may: request the Council in writing to reconsider its recommendation; and support the request with additional information and material The parties agree that where Kawana or the Minister requests the Council pursuant to clause 6.11 to reconsider its recommendation: the Council s recommendation pursuant to clause 6.9 shall be of no force or effect; and the parties shall act in accordance with the dispute resolution process in clause 16, except that clauses 16.7, 16.9, and will not apply Where the Determinator makes a decision in respect of the Subdivision application, Kawana shall advise the Council and the Minister in writing within 7 days of the Determinator s decision that the Subdivision application is: withdrawn where the Determinator has advised that the Subdivision application should be refused; or to be modified in accordance with the Determinator s decision where the Determinator has decided that the Subdivision application should be approved subject to modifications The Council shall within 21 days of the conclusion of the dispute resolution process pursuant to clause 6.12 or such extended period agreed between the parties:

25 19 recommend to the Minister: (iii) the approval of the Subdivision application; or the approval of the Subdivision application subject to conditions; or the refusal of the Subdivision application (which refusal shall contain the reasons for the refusal); and give written notice of its recommendation pursuant to clause 6.14 within 10 Business Days of making its recommendation The Minister may determine a Subdivision application made pursuant to clause 6.3 only after receiving written notice of the Council s recommendation pursuant to: clause 6.10 if there has been no request for reconsideration pursuant to clause 6.11; or clause 6.14 if there has been a request for reconsideration Where the Council advises the Minister of its recommendation in accordance with clause 6.10 or 6.14, the Minister shall within 28 days determine the Subdivision application and in doing so must have regard to the Council s recommendation and the decision of the Determinator if any. Clause 16 does not apply to a determination of the Minister pursuant to this clause Where the Minister determines the application in accordance with clause 6.16 the Minister shall give written notice of the determination to Kawana and the Council within 5 Business Days of making the determination. Approval of Master Plans 6.18 The parties acknowledge and agree that Kawana must make application to the Minister pursuant to this Agreement for approval of that part of the Structure Plan, Neighbourhood/Village Plans, Detailed Planning Area Plans and Precinct/Estate Plans required by the Kawana Waters DCP that relate to land within Development Lease No The Minister shall not approve a Master Plan until any higher order Master Plan required by the Kawana Waters DCP or this Agreement has been approved An application to the Minister for approval of a Master Plan pursuant to clause 6.18 shall be made to the Minister in accordance with section to (e) of the Kawana Waters DCP Where application is made to the Minister for approval of a Master Plan pursuant to clause 6.18, a copy of the application and accompanying Master Plan must be submitted to the Council within 2 Business Days accompanied by the fee specified in this Agreement An application for amendment of a Master Plan approved under this Agreement shall be made and determined in the same manner as an application for approval of a Master Plan The Council may within 14 days of the submission of the copy of an application pursuant to clause 6.21 request Kawana to provide such further particulars as are necessary to determine its recommendation in respect of the Master Plan application.

26 The parties agree that an application for approval of a Master Plan pursuant to clause 6.18 is to be taken not to be duly made until: all the provisions of clause 6.20 have been complied with; and the Master Plan submitted with the application has complied with the relevant provisions of section 7.4 of the Kawana Waters DCP; and (c) Kawana has provided the particulars requested pursuant to clause The Council shall determine its recommendation on an application for approval of a Master Plan in accordance with section of the Kawana Waters DCP The Council must in respect of an application for approval of a Master Plan submitted to the Council pursuant to clause 6.21 recommend to the Minister: (c) the approval of the Master Plan application; or the approval of the Master Plan application subject to conditions; or the refusal of the Master Plan application (which refusal shall contain the reasons for refusal) The Council shall give written notice to Kawana and the Minister of its recommendation under clause 6.26 within 10 Business Days of making its recommendation Where Kawana or the Minister is not satisfied with the recommendation of the Council under clause 6.26, Kawana or the Minister may: request the Council in writing to reconsider its recommendation; and support the request with additional information and material The parties agree that where Kawana or the Minister request the Council pursuant to clause 6.28 to reconsider its recommendation: the Council s recommendation pursuant to clause 6.26 shall be of no force or effect; and the parties shall act in accordance with the dispute resolution process in clause 16, except that clauses 16.7, 16.9, and will not apply Where the Determinator makes a decision in respect of the Master Plan application, Kawana shall advise the Council and the Minister in writing within 7 days of the Determinator s decision that the Master Plan application is: withdrawn where the Determinator has advised that the Master Plan application should be refused; or to be modified in accordance with the Determinator s decision where the Determinator has decided that the Master Plan application should be approved subject to modifications The Council shall within 21 days of the conclusion of the dispute resolution process pursuant to clause 6.29 or such extended period agreed between the parties:

27 21 recommend to the Minister: (iii) the approval of the Master Plan application; or the approval of the Master Plan application subject to conditions; or the refusal of the Master Plan application (which refusal shall contain the reasons for the refusal); and give written notice of its recommendation within 10 Business Days of making its recommendation The Minister may determine an application made pursuant to clause 6.18 only after receiving written notice of the Council s recommendation pursuant to: clause 6.27 if there has been no request for reconsideration pursuant to clause 6.28; or clause 6.31 if there has been a request for consideration Where the Council advises the Minister of its recommendation in accordance with clause 6.27 or clause 6.31 the Minister shall within 28 days determine the Master Plan application by:- in the case where there has been no request for reconsideration, adopting the recommendation of the Council; or in the case where there has been a request for consideration:- adopting the recommendation of the Council where the Council has adopted the decision of the Determinator; or where the Council has not accepted the decision of the Determinator: (A) (B) accepting the recommendation of the Council with or without modification; or not accepting the recommendation of the Council in which case the Minister may determine the application having due regard to the decision of the Council and the recommendation of the Determinator. Clause 16 does not apply to a determination of the Minister pursuant to this clause Where the Minister determines the application in accordance with clause 6.33 the Minister shall give written notice of the determination to Kawana and the Council within 5 Business Days of making the determination. Definitions 6.35 For the purposes of clauses 6.1 to 6.34: the terms Develop, Existing Use, Development, Subdivide, Subdivision and Freehold Land have the meanings ascribed to them in the Proposed Kawana Waters DCP; and where the terms (other than those terms referred to in clause 6.35) are defined in the Kawana Waters DCP those terms having the meanings so defined; and

28 22 (c) terms not defined in the Proposed Kawana Waters DCP pursuant to clause 6.35 and the Kawana Waters DCP pursuant to clause 6.35 have the meanings ascribed to them in this Agreement. Assessment 6.36 The Council and the Minister acknowledge and agree that: extensive hydraulic and environmental studies have been undertaken and approved as part of the implementation of the conditions of Development Lease No 2 and the Development Lease No 2 Amendments and the preparation of the Kawana Waters DCP; and having regard to the studies that have been undertaken, no environmental impact statement will be required by the Council or the Minister under section 8.2(1) and (12) of the Act or any other Act in respect of an application for the: Development of the Developable Areas except where:- (A) (B) (C) Kawana or Buddina is required by legislation (including subordinate legislation) to seek terms of reference for or prepare an environmental impact statement; or the application for Development is not in accordance with the requirements of the Development Documents; or required by this Agreement or the Kawana Waters DCP; or approval of the Structure Plan, Neighbourhood/Village Plans and Detailed Planning Area Plans under the Kawana Waters DCP Kawana and Buddina shall submit a water quality impact assessment and associated engineering studies with any application for Development of the Developable Areas that relates to the construction of any lakes or waterways within the area of the Kawana Water DCP. Fees for Assessment 6.38 Kawana and Buddina must pay to the Council upon the lodgment or submission with the Council of: (c) the Structure Plan application, a fee of $60, provided that the Council must refund within fourteen (14) days after the determination of the application in accordance with the Master Planned Community Development Process, the sum of $20, less the amount which the Council can reasonably justify was expended by the Council in respect of its consideration of the application; and a Neighbourhood/Village Plan, Detailed Planning Area Plan, Precinct/Estate Plan or Site Development Plan applications, no fees are payable; and a Development (other than Development referred to in clause 6.38 or ), subdivision or Building application, the fees prescribed by Council from time to time as applying to other developers.

29 23 7 TERMS OF SETTLEMENT 7.1 The parties agree that: the Terms of Settlement will terminate and no longer have any force or effect on the gazettal of the Proposed Kawana Waters DCP and Proposed Other Planning Scheme Amendments; and no party will be entitled to make any claim under the Terms of Settlement. 7.2 The parties agree that the provisions of the Development Documents will apply to the Remaining Terms of Settlement Land from the date of gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments, except that in relation to an application for the Development of the remaining 172 allotments within the Remaining Terms of Settlement Land: (c) (d) (e) (f) no sewerage or water headworks will be payable for any permitted uses under the Caloundra Town Planning Scheme; and no bikeways or pathways are to be required to be constructed (other than in relation to DPA s 1 and 2); and where areas are already serviced by overhead power, the provision of underground power is not to be required (other than in relation to DPA s 1 and 2); and no works or contributions are to be required by the Council for the upgrading of or improvements to the Nicklin Way (other than in relation to that part of the Nicklin Way adjoining DPA s 1 and 2) and related intersections (including the provision of traffic lights and intersection street lighting) unless the DOT requires the Council pursuant to the Transport Infrastructure Act 1994 to require such works or contributions; and rectangular allotments must have a minimum frontage of 18.5 metres and a minimum area of 555m 2 ; and irregularly shaped allotments may have a frontage of less than 18.5 metres provided that the width of the allotment becomes at least 18.5 metres between 18 to 27 metres back from the frontage and a minimum area of 555m The Council agrees that Kawana and Buddina shall not be liable for keeping open of the Currimundi Bar. 8 COUNCIL AND MINISTER'S DISCRETION 8.1 Where the Council has a discretion under Part 4 or Part 5 of the Act or the Development Documents to approve or recommend approval of an application for Development with or without conditions, the Council may subject its approval or recommended approval of that application to a condition that imposes obligations in respect of:- a matter specified in this Agreement provided the condition does not impose a greater or different obligation to that which is specified in this Agreement; and a matter that is not specified in this Agreement provided the condition is:- lawfully imposed in accordance with the legislation (including subordinate legislation) under which it is imposed; or

30 24 lawfully imposed in accordance with the legislation (including subordinate legislation) under which it could have been imposed if the land was freehold land. 8.2 Where the Minister has a discretion under the Land Act 1994 or the Development Documents to approve an application for Development with or without conditions, the Minister: agrees to subject his approval of that application to a condition that imposes obligations in respect of a matter specified in this Agreement which Council has recommended to the Minister, provided the condition does not impose a greater or different obligation to that which is specified in this Agreement; and agrees to subject his approval of that application to a condition that imposes obligations in respect of a matter not specified in this Agreement which Council has recommended to the Minister, where the condition is: where the application has not been determined by a Determinator pursuant to clause 16, in accordance with clause 8.1; or where the application has been determined by a Determinator pursuant to clause 16, in accordance with the decision of the Determinator; and (c) may subject its approval of that application to a condition that imposes obligations in respect of a matter that is not specified in this Agreement provided the condition is relevant or reasonably required by the proposal to which the application relates. 9 ROADS 9.1 The parties acknowledge and agree that: the Kawana Waters DCP allows for a town centre within the urban designation at Birtinya which contains transit facilities which are able to utilise the Multi-Modal Transport Corridor; and Kawana and Buddina propose to enter into a Transport Infrastructure Agreement with the DOT. 9.2 Kawana and Buddina must perform works, contribute by way of cash payment or transfer land in respect of: existing or future State Controlled Roads in accordance with the Transport Infrastructure Agreement; and other Roads that are within the Developable Areas in accordance with the approval of the Council or the Minister to the Development of the Developable Areas under the Development Documents, the Act or the Land Act The Council and the Minister must support and not object to: the alignment of the Multi-Modal Transport Corridor; and the construction of an intersection with a pedestrian and bicycle underpass on the Nicklin Way at Bokarina in the location shown on Annexure 7, unless the DOT has advised the Council and the Minister in writing of its objection to and.

31 Kawana and Buddina must, at their cost, within 12 months of the registration of the plan of subdivision creating the 100th lot in the Bokarina Beach DPA: design the pedestrian and bicycle underpass referred to in clause 9.3: to accommodate the minimum dimensions of 2.5 metres clear height and 3 metres clear width; and in accordance with: (A) (B) (C) the Austroads publication Guide to Road Design ; Crime Prevention Through Environmental Design (CPTED) guidelines; the Council s requirements; and (c) use their best endeavours to obtain the approval of the DOT, and the Council and all other necessary approvals for the construction of the pedestrian and bicycle underpass; and subject to obtaining the approvals in clause 9.4, construct the pedestrian and bicycle underpass in accordance with those approvals. 9.5 The Council and the Minister must not require Kawana and Buddina to perform any works, contribute by way of cash payment, transfer land or dedicate land as road in respect of existing or future State Controlled Roads or other Roads except: (c) where provided in clause 9, clause 13A or the Transport Infrastructure Agreement; or for any general financial contribution which the Council is entitled to require and does as a matter of course require from all persons undertaking Development of land within the whole or part of its local government area, or where the Council imposes a condition of Development that is notified to the Council by the Chief Executive of the DOT pursuant to Chapter 5 Part 4 of the Transport Infrastructure Act The Minister is to use his best endeavours to facilitate the Transport Infrastructure Agreement anticipated by clause SEWERAGE 10.1 Kawana, Buddina and the Council agree that when the parties are bound by this clause: Sewerage Agreement No. 1 and Sewerage Agreement No. 2 will terminate and no longer have any force or effect; and no party will be entitled to make any claim under Sewerage Agreement No. 1 or Sewerage Agreement No. 2. Sewerage Works Internal 10.2 Kawana and Buddina must construct, at their cost, the Sewerage Works Internal as part of the Development of the Developable Areas.

32 26 Sewerage Works External 10.3 Subject to clauses 10.4 and 10.5, Kawana and Buddina must construct, at their cost, Sewerage Works External required as a result of the Development of the Developable Areas Kawana and Buddina may, at no cost, connect Sewerage Works Internal within the Developable Areas into: the Sewerage Works Internal and Sewerage Works External (other than those specified in clause 10.4) that are currently situated within the area to which the Kawana Waters DCP applies provided that Kawana and Buddina construct at their cost all future Sewerage Works Internal and Sewerage Works External that are necessary to accommodate the sewage generated by the Development of the Developable Areas that cannot be accommodated by the existing Sewerage Works Internal and Sewerage Works External that are situated within the area of the Kawana Waters DCP; and the trunk sewer mains (presently existing or to be constructed) linking Caloundra with the Sewerage Plant (generally referred to as the Caloundra/Kawana Sewer Rising Mains) provided that Kawana and Buddina pay to the Council prior to connecting into the Caloundra/Kawana Sewer Rising Mains an amount equal to A as determined by the following: A=B-C where A = B = C = the sum to be paid by Kawana or Buddina to the Council; the actual cost of construction and provision of the trunk sewer mains (including consultants fees and any other associated costs and fees) in current dollars at the time A is to be paid; the estimated cost calculated in current dollars at the time A is to be paid of construction and provision of the trunk sewer mains (including consultants fees and any other associated costs and fees) had Kawana and Buddina not been connected to them The Council acknowledges and agrees that Kawana and Buddina have already contributed to the cost of the trunk sewer mains generally referred to as the Caloundra/Kawana Sewer Rising Mains to the extent of 5,200 equivalent persons at the Erang Street connection point and a further 8,800 equivalent persons at the Birtinya connection point. Sewerage Headworks 10.6 The Council must augment the Sewerage Plant from time to time to accord with the rate of Development of the Development Areas so that as sewerage reticulation to the Developable Areas proceeds so will the augmentation of the Sewerage Plant The Council guarantees to Kawana and Buddina to accept for treatment at its Sewerage Plant and reticulate to the Sewerage Ocean Outfall Scheme, reticulated sewage from Development within the Sewerage Ocean Outfall Scheme Area arising out of and resulting from an application for development by Kawana and Buddina and approved by the Council or the Minister under the Development Documents. This clause does not prevent the Council from requiring any person from paying sewerage rates.

33 The Council must undertake at Kawana s cost, the Odour Control Works such that: Stage 1 works are undertaken in accordance with a written notice from Kawana requesting the Council to undertake the Stage 1 works of the Odour Control Works; and Stage 2 works are undertaken when: the Buffer Area is developed for residential purposes; and the monitoring program undertaken by the Odour Consultant establishes that the odour emission requirements referred to in Annexure 9 are exceeded or where the Department of Environment requires the Odour Control Works to be undertaken; and (c) Stage 3 works are undertaken when: the Buffer Area is developed for residential purposes; and the Council augments the Sewerage Plant to a capacity of 105,000 equivalent persons; and (iii) the monitoring program undertaken by the Odour Consultant establishes that the odour emission requirements referred to in Annexure 9 are exceeded or where the Department of Environment requires the Odour Control Works to be undertaken; and (d) Stage 4 works are undertaken when: the Buffer Area is developed for residential purposes; and the Council augments the Sewerage Plant to a capacity of 140,000 equivalent persons; and (iii) the monitoring program undertaken by the Odour Consultant establishes the odour emission requirements referred to in Annexure 9 are exceeded or where the Department of Environment requires the Odour Control Works to be undertaken Kawana must:- (c) (d) not transfer an interest in land in the Buffer Area which is to be developed for residential purposes unless Kawana has provided an unconditional bank guarantee in the amount specified in respect of the Stage 1 works of the Odour Control Works in Annexure 9 (including consultants fees and any other associated costs and fees); and pay to the Council in accordance with this Agreement the cost of the Odour Control Works that the Council is required to undertake pursuant to this Agreement; and in accordance with this Agreement, lodge with the Council a bond to secure the cost of the Odour Control Works that the Council is required to undertake pursuant to this Agreement; and pay to the Council the reasonable costs of the Odour Consultant undertaking the monitoring program in accordance with this Agreement.

34 Kawana and Buddina are not to be responsible for the maintenance and operation of the Odour Control Works Where the Council is required to undertake the Odour Control Works pursuant to clause 10.8, 10.8(c) and 10.8(d) the Council must within 28 days or such other period as is agreed in writing by the parties give written notice to Kawana stating: (c) that the Council proposes to undertake the relevant stage of the Odour Control Works in accordance with a specified timetable; and the estimated cost of design, construction and provision of that stage of the Odour Control Works (including consultants fees and any other associated costs and fees); and that Kawana must lodge with the Council within 28 days from the date of the notice from Council an unconditional bank guarantee in the amount specified in clause Where the Council is required to undertake the Stage 1 works of the Odour Control Works pursuant to clause 10.8: (c) the Council may call on the bank guarantee that Kawana has lodged with the Council pursuant to clause 10.9 for the cost of undertaking the Stage 1 works of the Odour Control Works as specified in Annexure 9; and Kawana must within 14 days of the Council calling on the bank guarantee, pay to the Council any additional amount being the difference between the value of the bank guarantee and $350,000 (1995 $) adjusted pursuant to the Consumer Price Index to the date that the Council calls on the bank guarantee; and the Council must, at Kawana s cost, upon the completion of the Stage 1 works of the Odour Control Works, implement a monitoring program by the Odour Consultant to establish whether the odour emission requirements referred to in Annexure 9 are exceeded The Council is not required to commence the design or construction of the Odour Control Works until Kawana has provided the bank guarantee in accordance with clause Upon completion of a section of the Stage 2 works, Stage 3 works or Stage 4 works of the Odour Control Works as identified in Annexure 9 to be invoiced by the Council under clause 10.15, the actual cost of construction of that section of the Stage 2 works, Stage 3 works or Stage 4 works of the Odour Control Works as identified in Annexure 9 must be certified in writing by a registered professional engineer who is charged with the administration of the construction contract for the Stage 2 works, Stage 3 works or Stage 4 works of the Odour Control Works as identified in Annexure 9 and the certificate must be tendered to Kawana for payment Kawana must make progressive payments to the Council as required by the Council in accordance with the invoices issued following the certification of costs in accordance with clause If Kawana fails to pay such invoices within 14 days after their issue, the Council may call on the bank guarantee that Kawana has lodged with the Council pursuant to clause Where the Council has not undertaken all of the Odour Control Works prior to the completion of the Development of the Developable Areas, Kawana must lodge with the Council an unconditional bank guarantee in the amount of the estimated cost of construction and provision of the outstanding Odour Control Works (including consultants fees and any other associated costs and fees) prior to the Minister or Council approving

35 29 the Precinct/Estate Plan in respect of the last 200 lots to be Developed within the Developable Areas Where the Council has not undertaken all of the Odour Control Works: within 5 years of the Council augmenting the Sewerage Plant to a capacity of 140,000 equivalent persons, Kawana s obligations under clauses 10.8 to will terminate and no longer have force or effect; or Kawana s obligations under clauses 10.8 to will terminate and no longer have force or effect, if Kawana can at any time establish to the Council and the Department of Environment s reasonable satisfaction that the Odour Control Works which have not been undertaken will not be required. The bank guarantee referred to in clause shall be returned to Kawana immediately after: the outstanding Odour Control Works have been undertaken by the Council and paid for by Kawana; or Kawana s obligations under clauses 10.8 to have been terminated under clause or The Council may require Kawana and Buddina to perform work, contribute by way of cash payment or transfer land in respect of Sewerage Headworks necessary to accommodate the Development of the Developable Areas where: Kawana and Buddina have agreed in this Agreement to perform work or otherwise contribute in respect of Sewerage Headworks; or the User Population Entitlement exceeds 34,000 equivalent persons in respect of the Development of the Sewerage Ocean Outfall Scheme Area; by: Kawana and Buddina, and any person to whom Kawana and Buddina have transferred their entitlement not to contribute to Sewerage Headworks in accordance with clause ; or (c) the Council or the Minister conditionally approves an application under the Act, Land Act 1994 or the Development Documents for a Development within the Developable Areas: which is to be substantially completed after 30 June 2010; and in respect of which no contribution has been made pursuant to clause 10.18; or (d) the Council is required to upgrade (that is, increase in standard) the Sewerage Plant or the Sewerage Ocean Outfall Scheme as a result of a change to the legislative arrangements (including legislation, subordinate legislation, state policy matters and administrative arrangements relative to that legislation) applicable to the Sewerage Plant (whether that change occurred before or after the date of this Agreement) which directly results in an increase to Council s Sewerage Headworks charge as applied to all developers in the coastal area of the City of Caloundra as required under the Council s Sewerage Headworks Policy and no contribution has been made in respect of the Development pursuant to clause and 10.18(c).

36 Where Council imposes a condition of Development pursuant to: (c) (d) clause 10.18, the condition must be in accordance with the provisions of this Agreement; and clause 10.18, the condition must be in accordance with the Council s Sewerage Headworks Policy; and clause 10.18(c), the condition must only require a contribution in respect of the treatment component of the Sewerage Headworks as required by the Council s Sewerage Headworks Policy; and clause 10.18(d), the condition must only require a contribution in accordance with the following equation: A = (B - C) x D where A = B = C = D = the contribution to be imposed as a condition of Development pursuant to clause 10.18(d); and the increased Sewerage Headworks contribution rate per equivalent tenement specified in the Council s Sewerage Headworks Policy as a result of the change in the legislative arrangements applicable to the Sewerage Plant; and the Sewerage Headworks contribution rate per equivalent tenement specified in the Council s Sewerage Headworks Policy before the change in the legislative arrangements applicable to the Sewerage Plant; and the number of equivalent tenements Developed within the Developable Areas after the change in legislative arrangements applicable to the Sewerage Plant For the purposes of clause 10.18, the User Population Entitlement is to be calculated by applying the Equivalent Persons Ratio specified in respect of each zoning or land use in Table A (or as otherwise determined in accordance with clause 10.21) to the Developed part of the Sewerage Ocean Outfall Scheme Area but excluding the Sporting Facilities Land, the Additional Sporting Facilities Land and the land to be provided for community facilities pursuant to clause TABLE A EQUIVALENT PERSONS RATIO Zoning/Land Use Comprehensive Development and Special Development (Permitted Uses) Residential A and B Equivalent Persons Ratio 4 persons/tenement; or 40 persons/hectare if not Developed (exclusive of waterways) 4 persons/tenement; or 40 persons/hectare if not Developed (exclusive of waterways) Residential C, D & E 3 persons/unit (where known) or 400 persons/hectare if not Developed. Group Housing (Consent) 2.2 persons/unit

37 31 Zoning/Land Use Industry, Special and Local Business Sites Primary School High School Hospital Site Caravan Park Equivalent Persons Ratio 60 persons/gross hectare 0.25 persons/pupil (includes staff) 0.50 persons/pupil (includes staff) 3.4 persons/bed including staff quarters 2.5 persons/caravan Where it is established from the Development of part of the Sewerage Ocean Outfall Scheme Area that the Equivalent Persons Ratio specified in Table A is inappropriate, the Council or Kawana and Buddina may: notify the other party that: the Equivalent Person Ratio is inappropriate; and another Equivalent Person Ratio is to be adopted and applied; and invoke the dispute resolution process under clause 16 if the other party does not accept the proposed Equivalent Person Ratio. Connection of Maroochy Shire Sewerage to Sewerage Plant The Council must allow Kawana and Buddina to connect at no cost Sewerage Works Internal from the Development of land owned by Kawana and Buddina at any time within the Shire of Maroochy to the Sewerage Plant provided that: (c) (d) Kawana and Buddina construct, at their cost, the Sewerage Works External that are necessary to connect the Sewerage Works Internal within the land Developed by Kawana and Buddina within the Shire of Maroochy to the Sewerage Plant; and a written agreement is entered into between the Council and the Shire of Maroochy in relation to the utilisation of the Council s Sewerage Headworks and the subsequent discharge of this sewage back to the Shire of Maroochy s sewerage system; and the User Population Entitlement does not exceed 2,000 equivalent persons in any one calendar year; and Kawana and Buddina must in accordance with the agreement referred to in clause connect at their cost the reticulated sewerage from the Development of the land owned by Kawana and Buddina within the Shire of Maroochy into the Shire of Maroochy s sewerage system where the User Population Entitlement exceeds 34,000 equivalent persons in respect of the Development of: the Sewerage Ocean Outfall Scheme Area by Kawana and Buddina and any person to whom Kawana and Buddina have transferred their entitlement not to contribute to Sewerage Headworks in accordance with clause 10.28; and the land owned by Kawana and Buddina within the Shire of Maroochy connected into the Council s Sewerage Plant pursuant to this clause; and

38 32 (e) (f) the sewage generated from the Development of land owned by Kawana and Buddina within the Shire of Maroochy does not exceed 10,000 equivalent persons at any one time; and Kawana and Buddina provide to the Council, prior to the connection of any Sewerage Works Internal from the Development of land owned by Kawana and Buddina within the Shire of Maroochy to the Sewerage Plant, security for the connection of the Sewerage Works Internal into the Shire of Maroochy s sewerage system: in a form satisfactory to the Council; and for an amount as determined in accordance with the agreement referred to in clause The security referred to in clause 10.22(f) shall be returned to Kawana and Buddina immediately after the connection of the Sewerage Works Internal to the Shire of Maroochy s sewerage system For the purposes of clause 10.22(c), the User Population Entitlement is to be calculated by applying the Equivalent Persons Ratio specified in respect of each zoning or land use in Table A in clause (or as otherwise determined in accordance with clause 10.21) to the Sewerage Ocean Outfall Scheme Area and the land Developed by Kawana and Buddina within the Shire of Maroochy from which reticulated sewerage is connected into the Council s Sewerage Plant For the purposes of clause 10.22(e) the equivalent persons is to be calculated by applying the Equivalent Persons Ratio specified in respect of each zoning or land use in Table A in clause (or as otherwise determined in accordance with clause 10.21) to the land Developed by Kawana and Buddina within the Shire of Maroochy from which reticulated sewerage is connected into the Council s Sewerage Plant In relation to the agreement referred to in clause which is to be negotiated between the Council and the Shire of Maroochy, the Council agrees: (c) (d) (e) to use its best endeavours to reach an agreement with the Shire of Maroochy acceptable to Council, Kawana and Buddina provided that it is the express understanding of the parties that the Council and the Shire of Maroochy are under no legal obligation to reach an agreement; and to keep Kawana and Buddina advised of the current state of negotiations relevant to the matters referred to in clause 10.22; and to consult with and receive submissions from Kawana and Buddina in respect of the matters referred to in clause 10.22; and not to enter into an agreement with the Shire of Maroochy in respect of the matters referred to in clause without the prior written consent of Kawana and Buddina; and to negotiate with Kawana and Buddina in respect of the permanent connection of the Sewerage Works Internal from the Development of land owned by Kawana and Buddina within the Shire of Maroochy to the Sewerage Plant provided that it is the express understanding of the parties that the parties are under no legal obligation to reach an agreement in respect of the permanent connection.

39 33 Miscellaneous Requirements Notwithstanding anything contained in The Dividing Fences Act 1953, Kawana and Buddina will not be liable at any time to contribute to the costs of the erection or maintenance of any dividing fence erected or to be erected between the Sewerage Plant and any other land owned by Kawana or Buddina In accordance with the provisions of the Kawana Waters DCP and the Other Planning Scheme Amendments, the parties agree that any part of the Developable Area within 800 metres of the current inlet structure of the Sewerage Plant as shown on Annexure 10 shall not be Developed for residential purposes under the Caloundra Town Planning Scheme The Council acknowledges and agrees that Kawana and Buddina can: subject to clauses 10.18, 10.18(c) and 10.18(d), Develop the Sewerage Ocean Outfall Scheme Area without contributing to Sewerage Headworks until the User Population Entitlement exceeds 34,000 equivalent persons in respect of the Development of the Sewerage Ocean Outfall Scheme Area by: Kawana and Buddina, and any person to whom Kawana and Buddina have transferred their entitlements not to contribute to Sewerage Headworks in accordance with clause 10.28; and transfer all or part of their entitlement not to contribute Sewerage Headworks in the circumstances specified in clause to a person who has purchased land within the Sewerage Ocean Outfall Scheme Area where: a deed of novation has been entered into between the transferee and the Council in accordance with clause 15; or a deed of novation is not required to be entered into between the transferee and the Council in accordance with clause 15, but Kawana and Buddina have given written notification to the Council upon completion of the purchase specifying the extent of the entitlement which has been transferred to the transferee The Council and the Minister agree not to require Kawana and Buddina to perform any work or otherwise contribute by way of cash payment or the transfer of land in respect of Sewerage Works Internal, Sewerage Works External or Sewerage Headworks necessary to accommodate the Development of the Developable Areas, except where: provided in clause 10 or clause 13A; or the Council imposes a condition of Development that: is notified to the Council by an officer, department, agency or instrumentality of the State of Queensland or other entity pursuant to legislation (including subordinate legislation); and the Council is required by legislation (including subordinate legislation) to: (A) (B) comply with that condition; or impose the condition on an application for Development; or

40 34 (C) pay compensation if the condition is not complied with or is not imposed on an application for Development; and (iii) takes account of contributions to sewerage which Kawana and Buddina have made or agreed to make in accordance with this Agreement. 11 SPORTING FACILITIES 11.1 Buddina and Kawana agree that:- (c) Kawana will surrender that part of the Sporting Facilities Land within Development Lease No. 2 to the State of Queensland for the Minister to seek the consent of the Governor in Council to the grant of that land under section 14(1) (Governor in Council may grant land) of the Land Act 1994 in fee simple subject to the Schedule of Trusts for a sport and recreation purpose specified by the Council in respect of that land; and Buddina will transfer that part of the Sporting Facilities Land within the Freehold Land to the Council in fee simple subject to the Schedule of Trusts for a sport and recreation purpose specified by the Council in respect of that land; and Kawana will surrender the Additional Sporting Facilities Land within Development Lease No. 2 to the State of Queensland for the Minister to seek the consent of the Governor in Council to the grant of that land under section 14(1) (Governor in Council may grant land) of the Land Act 1994 in fee simple subject to the Schedule of Trusts for a sport and recreation purpose specified by the Council in respect of that land Kawana and Buddina agree to provide in accordance with clause 11.1:- (c) (d) the Sporting Facilities Land and the Additional Sporting Facilities Land at no cost to the Council and the Minister and free of all encumbrances (except in the case of the Sporting Facilities Land the easement in favour of SEQEB existing as at the date of this Agreement); and the Sporting Facilities Land and the Additional Sporting Facilities Land in its state and condition as existing at the date of this Agreement; and the Sporting Facilities Land prior to 28 February 2001 or such other extended period agreed in writing by the parties; and the Additional Sporting Facilities Land at the completion of the Development of the Developable Areas. Kawana and Buddina agree that the Council and the Minister shall be under no obligation to determine an application for approval of a Master Plan under the Development Documents if the Sporting Facilities Land is not provided in accordance with clause 11.2(c) In consideration of Kawana and Buddina agreeing to provide the Sporting Facilities Land and Additional Sporting Facilities Land in accordance with clauses 11.1 and 11.2, the Council and the Minister agree that: the Sporting Facilities Land and Additional Sporting Facilities Land is only to be used: in accordance with the purposes of the Schedule of Trusts; and

41 35 for entertainment purposes: (A) (B) of a non-commercial and non-profit nature undertaken or regulated by the Council; or of a commercial nature that takes place occasionally which the Council reasonably considers would not conflict with the general intended use of the Sporting Facilities Land and Additional Sporting Facilities Land (such as an annual home show, but not including a regular flea market); and (iii) for associated purposes; and (c) (d) (e) no price is to be payable to the Minister on any part of land within Development Lease No. 2 to be surrendered as part of the Sporting Facilities Land and the Additional Sporting Facilities Land ; and the Sporting Facilities Land and the Additional Sporting Facilities Land is to form and remain part of the Flood Plain Area with any Development proposed within the Sporting Facilities Land and the Additional Sporting Facilities Land not to proceed unless the parties are satisfied that there will be no measurable adverse impact on the flood storage capacity and flood characteristics of the Sporting Facilities Land and the Additional Sporting Facilities Land in accordance with the Flood and Tidal Hydraulic Model Study of the Mooloolah River dated December 1982; and the land identified as area 4 on Annexure 10 totalling 15.7 hectares in area may be Developed by Kawana and Buddina as part of the Development of the Developable Areas; and Kawana and Buddina will not be required to provide or construct any buffer between the: Sporting Facilities Land and any adjoining land owned by Kawana or Buddina; and Additional Sporting Facilities Land and any adjoining land owned by Kawana or Buddina; and (f) Kawana and Buddina will be entitled to construct permanent underground infrastructure services in locations to be agreed to by the Council along the eastern and western edges of that part of the Sporting Facilities Land identified as area 1 on Annexure The parties acknowledge and agree that: (c) Kawana must in Developing the Developable Areas make provision within the waterways to be created at Birtinya for a lake shaped to accommodate the minimum dimensions of 2,000 metres in length and 94.5 metres in width for the purpose of a rowing course ("Public Recreation Lake"); and any structures erected within the Public Recreation Lake shall be designed so not to prejudice the use of the lake for a rowing course; and Buddina and Kawana agree to transfer to the Council in fee simple in trust for a purpose specified by the Council the Public Recreation Lake within the Freehold Land and Development Lease No. 2.

42 A The parties acknowledge and agree that Kawana and Buddina must design a pedestrian access bridge between: the Lake Kawana Community Centre and the Town Centre DPA across the Public Recreation Lake which has a minimum unobstructed carriageway width of 4 metres to the design approved by the Council ("the Community Centre pedestrian access bridge"); and the Village Park in the North Birtinya Precinct and the Town Centre East Precinct across the Birtinya Canal which has a minimum unobstructed carriageway width of 6 metres to the design approved by the Council ("the Southbank Park pedestrian and bicycle access bridge"). 11.4B The parties acknowledge and agree that Kawana and Buddina must construct the Community Centre pedestrian access bridge in accordance with the design approved by the Council under clause 11.4A by the date which is the earlier of the following: two (2) years after the start of a retail use in the Town Centre West Precinct; two (2) years after the creation of the first lot in the Town Centre Residential Precinct; (c) 30 June C The parties acknowledge and agree that Kawana and Buddina must construct the Southbank Park pedestrian and bicycle access bridge in accordance with the design approved by the Council under clause 11.4A prior to the date which is the earlier of the following: the provision of the town centre square referred to in clause 12.6; the provision of the Village Park referred to in clause CA Subject to clause 11.4CB, Kawana and Buddina must to the reasonable satisfaction of the Council: on the date of completion of construction of the Southbank Park pedestrian and bicycle access bridge provide for safe and efficient temporary public pedestrian and bicycle access generally through the centre of the Town Centre East Precinct between the Southbank Park pedestrian and bicycle access bridge and the following: the Town Centre West Precinct; Lake Kawana Boulevard; and maintain safe and efficient temporary public pedestrian and bicycle access generally through the centre of the Town Centre East Precinct between the Southbank Park pedestrian and bicycle access bridge and the following: the Town Centre West Precinct; Lake Kawana Boulevard. 11.4CB Kawana and Buddina are not required to provide or maintain the temporary public pedestrian and bicycle access under clause 11.4CA after the day the following is completed:

43 37 for the part of the access referred to in clause 11.4CA, the part of the internal road network for the Town Centre East Precinct which provides pedestrian and bicycle access generally through the centre of the Town Centre East Precinct; for the part of the access referred to in clause 11.4CA, the part of the internal road network for the North Birtinya Precinct which is generally along the alignment of the temporary public pedestrian and bicycle access. 11.4D The parties agree that, in respect of the Community Centre pedestrian access bridge and the Southbank Park pedestrian and bicycle access bridge to be constructed in accordance with clauses 11.4A, 11.4B and 11.4C: (c) (d) (e) the Minister and the Council shall grant any right of access or right to occupy land or waters in the vicinity of the proposed Community Centre pedestrian access bridge and Southbank Park pedestrian and bicycle access bridge as is reasonably required to enable their construction by Kawana and Buddina and its servants, agents and contractors; and unless otherwise agreed, either prior to or at the date of completion of the Community Centre pedestrian access bridge, Kawana and Buddina shall surrender to the State of Queensland that part of the land upon which the Community Centre pedestrian access bridge is constructed, to be granted in fee simple in trust for a sport and recreation purpose under the Land Act 1994 with the Council as trustee; and unless otherwise agreed, either prior to or at the date of completion of the Southbank Park pedestrian and bicycle access bridge, Kawana and Buddina shall surrender to the State of Queensland that part of the land upon which the Southbank Park pedestrian and bicycle access bridge is constructed, to be granted in fee simple in trust for a sport and recreation purpose under the Land Act 1994 with the Council as trustee; and after that part of the land upon which the Community Centre pedestrian access bridge is located is surrendered to the State of Queensland and granted in fee simple in trust to the Council as trustee in accordance with clause 11.4D, the Council shall be solely responsible for the maintenance, operation and management of the Community Centre pedestrian access bridge; and after that part of the land upon which the Southbank Park pedestrian and bicycle access bridge is located is surrendered to the State of Queensland and granted in fee simple in trust to the Council as trustee in accordance with clause 11.4D(c), the Council shall be solely responsible for the maintenance, operation and management of the Southbank Park pedestrian and bicycle access bridge The Council: acknowledges that the current arrangements about the Kawana Waters Sports Complex require rationalisation; and agrees to: take positive steps over time, but subject to existing contractual arrangements, to review and rationalise the current arrangements about the Kawana Waters Sports Complex; and have discussions with and take account of submissions made by Kawana and Buddina about the Kawana Waters Sports Complex.

44 The Council and the Minister agree not to object to and agree to facilitate the provisions of clauses 11.1, 11.2, 11.3 and The Council and Minister agree not to require Kawana and Buddina to perform work or otherwise contribute by way of cash payment or the transfer of land in respect of Sporting Facilities except where: provided in clause 11 or clause 13A; or the Council imposes a condition of Development that: is notified to the Council by an officer, department, agency or instrumentality of the State of Queensland or other entity pursuant to legislation (including subordinate legislation); and the Council is required by legislation (including subordinate legislation) to: (A) (B) (C) comply with that condition; or impose the condition on an application for Development; or pay compensation if the condition is not complied with or is not imposed on an application for Development; and (iii) takes account of contributions to Sporting Facilities which Kawana and Buddina have made or agreed to make in accordance with this Agreement Notwithstanding anything contained in The Dividing Fences Act 1953, Kawana and Buddina will not be liable at any time to contribute to the costs of the erection or maintenance of any dividing fence erected or to be erected between the: Sporting Facilities Land and any other land owned by Kawana or Buddina; and Additional Sporting Facilities Land and any other land owned by Kawana or Buddina. 12 OPEN SPACE 12.1 The parties acknowledge and agree that: Development of the Developable Areas can take place up to the limit of the Development Lines; and upon the gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments, Kawana and Buddina must, as part of the Development of the Developable Areas: contribute land for Open Space in accordance with the Open Space Requirements to be located, planned and designed in accordance with the Kawana Waters DCP; and perform works in relation to that land in accordance with the deemed to comply criteria specified in the Community Recreational and Open Space Model included in Appendix 1 of the Proposed Kawana Waters DCP Kawana and Buddina agree that 2,200m 2 of land which adjoins the water at the Cove on Kawana Island and which is identified as Open Space in the Precinct/Estate Plan for Stages 7-10 of Kawana, will be provided for Open Space:

45 39 (c) (d) in addition to any other land required to be contributed for Open Space in accordance with the Open Space Requirements and the Kawana Waters DCP; and at no cost to the Council and the Minister and free of all encumbrances; fully Developed to a standard acceptable to the Council; and on the date specified by the Council in the notice of determination with respect to an application for approval of a Master Plan pursuant to section (Notice of Determination) of the Kawana Waters DCP Kawana and Buddina must, in conjunction with the design and construction of the roads in the Town Centre East Precinct, provide a continuous walkable waterfront within the Town Centre East Precinct adjacent to the Birtinya Canal and a continuous walkable waterfront within the Town Centre Residential Precinct adjacent to the Public Recreation Lake ("the Town Centre continuous walkable waterfronts") which: (c) are in addition to any other land required to be contributed for Open Space in accordance with the Open Space Requirements and the Kawana Waters DCP; and are generally 10 metres in width but may be reduced to 4.5 metres where benching or another solution satisfactory to the Council can be utilised to minimise this width; and include a shared bicycle and pedestrian path of a minimum width of 4.5 metres Kawana and Buddina must, in conjunction with the design and construction of the roads in the North Birtinya Precinct, provide a continuous public access promenade along the North Birtinya Precinct that is adjoining the Public Recreation Lake and the Birtinya Canal ("the North Birtinya continuous public access promenade") which: (c) is to be included in the linear park component of the Open Space Requirements and the Kawana Waters DCP; and has an overall average width of 10 metres but that width may be reduced in some sections to 4.5 metres in width where benching or another solution satisfactory to the Council can be utilised to minimise this width; and includes a shared bicycle and pedestrian path of a minimum width of 4.5 metres Kawana and Buddina must provide the Town Centre continuous walkable waterfront as referred to in clause 12.3 prior to the date which is the earlier of the following: for the part of the Town Centre continuous walkable waterfront located in the Town Centre East Precinct: the creation of the first lot in the Town Centre East Precinct; the provision of the Community Centre pedestrian access bridge; for the part of the Town Centre continuous walkable waterfront located in the Town Centre Residential Precinct: the creation of the first lot in the Town Centre Residential Precinct; the provision of the Community Centre pedestrian access bridge.

46 A Kawana and Buddina must provide the North Birtinya continuous public access promenade as referred to in clause 12.4 prior to the date which is the earlier of the following: for the part of the North Birtinya continuous public access promenade located to the east of Central Boulevard: the creation of the first lot in the part of the North Birtinya Precinct to the east of Central Boulevard; or the start of any use in the part of the North Birtinya Precinct to the east of Central Boulevard; for the part of the North Birtinya continuous public access promenade located to the west of Central Boulevard: the creation of the first lot in the part of the North Birtinya Precinct to the west of Central Boulevard; or the start of any use in the part of the North Birtinya Precinct to the west of Central Boulevard Kawana and Buddina agree to provide a minimum of 2.75 hectares of the Developable Areas in the Town Centre DPA and the North Birtinya Precinct, for Open Space as follows: (ba) a minimum 3,000m 2 of land for the town centre square, in the Town Centre East Precinct, which area is exclusive of the area required for the Southbank Park pedestrian and bicycle access bridge and the area for bridge abutments and associated batters (which fulfils Kawana s and Buddina s obligations for the delivery of a Neighbourhood Park within the Town Centre East Precinct in accordance with the Kawana Waters DCP); and a minimum 20,000m 2 of land for a Village Park in the North Birtinya Precinct adjacent to the Birtinya Canal; and a minimum 1,000m 2 of land for informal play/running space as part of a Precinct Park in the Town Centre Residential Precinct located at the entrance to the Community Centre pedestrian access bridge, which area is exclusive of the area required for the following: (iii) bridge abutments and associated batters; an extension of the public pedestrian and bicycle pathway from the Community Centre pedestrian access bridge to the road network; an extension of the pedestrian and bicycle pathways, including any wheelchair ramp access, extending from the Community Centre pedestrian access bridge to the Town Centre continuous walkable waterfront; and (bb) (c) a minimum 500m 2 of land for the Transit Thoroughfare (which fulfils Kawana's and Buddina's obligations for the delivery of a Precinct Park within the Town Centre West Precinct in accordance with the Kawana Waters DCP); and a minimum 3,000m 2 of land for a Neighbourhood Park in the North Birtinya Precinct adjacent to the Birtinya Canal and the Public Recreation Lake.

47 Kawana and Buddina must provide the Open Space referred to in clause 12.6: at no cost to the Council and the Minister and free of all encumbrances; and fully Developed to the following standards: (iii) in respect of the Open Space referred to in clause 12.6 and (c), to a standard consistent with the provisions of the Community Recreation and Open Space Model in Appendix 1 of the Kawana Waters DCP; and in respect of the Open Space referred to in clause 12.6 and (bb), in accordance with the principles and including the embellishments identified in the Design Guidelines for a Kawana Waters Town Square and the Transit Thoroughfare; and in respect of the Open Space referred to in clause 12.6(ba), to a standard consistent with the provisions of the Community Recreation and Open Space Model in Appendix 1 of the Kawana Waters DCP including 1,000m 2 for informal play/running space; and (c) in respect of the Open Space referred to in clause 12.6, in one location adjacent to the Birtinya Canal and the Southbank Park pedestrian and bicycle access bridge, prior to the date which is the earlier of the following: the start of a retail use in the Town Centre East Precinct; twelve (12) months after the creation of the first lot in the Town Centre East Precinct; and (d) in respect of the Open Space referred to in clause 12.6, prior to the date which is the earlier of the following: the start of any use in the part of the North Birtinya Precinct to the west of Central Boulevard; the creation of the first lot in the part of the North Birtinya Precinct to the west of Central Boulevard; and (e) (f) in respect of the Open Space referred to in clause 12.6(ba) prior to the day the land upon which the Community Centre pedestrian access bridge is constructed is granted under clause 11.4D; and in respect of the Transit Thoroughfare referred to in clause 12.6(bb), in conjunction with the provision of the Main Street Town Centre East and Main Street Town Centre West. 12.7A Kawana and Buddina agree together to provide a financial contribution in the total amount of $70,000 for the construction of public amenities facilities in DPA B Kawana and Buddina must provide the financial contribution in clause 12.7A to the Council within 120 days after the day which is the earlier of the following: the day the Town Centre TLPI as defined in the Eleventh Deed of Variation to the Development Agreement takes effect; the day the Development Control Plan Amendment as defined in the Eleventh Deed of Variation to the Development Agreement takes effect.

48 The Council and the Minister agree not to require Kawana and Buddina to perform work or otherwise contribute by way of cash payments or the transfer of land in respect of Open Space for land within the DCP Area as defined in the Kawana Waters DCP that was at the date of this Agreement: Developed by Kawana and Buddina irrespective of whether the land was within Development No 2 Lease or freehold land; and not Developed but for which the Minister or Council has approved Kawana and Buddina s subdivisional proposal/design plans as set out in Annexure The Council and Minister agree not to require Kawana and Buddina to perform work or otherwise contribute by way of cash payment or the transfer of land in respect of Open Space except where: provided in clause 12 or clause 13A; or the Council imposes a condition of Development that: is notified to the Council by an officer, department, agency or instrumentality of the State of Queensland or other entity pursuant to legislation (including subordinate legislation); and the Council is required by legislation (including subordinate legislation) to: (A) (B) (C) comply with that condition; or impose the condition on an application for Development; or pay compensation if the condition is not complied with or is not imposed on an application for Development; and (iii) takes account of contributions to Open Space which Kawana and Buddina have made or agreed to make in accordance with this Agreement. 13 COMMUNITY FACILITIES 13.1 Kawana and Buddina agree that 3.8 hectares of the Developable Areas will be provided for community facilities in the general locations set out in Annexure 15 by:- (c) Kawana surrendering that part of the land identified in Annexure 15 within Development Lease No. 2, except for the Surf Life Savers Land, to the State of Queensland and the Minister seeking the consent of the Governor in Council to the grant of that land under section 14(1) (Governor in Council may grant land) of the Land Act 1994 in fee simple subject to the Schedule of Trusts for a community purpose specified by the Council in respect of that land; and Buddina transferring that part of the land identified in Annexure 15 within the Freehold Land to the Council in fee simple subject to the Schedule of Trusts for a community purpose specified by the Council in respect of that land; and Kawana surrendering the Surf Life Savers Land to the State of Queensland and the Minister seeking the consent of the Governor in Council to the issue of a term lease under the Land Act 1994 in respect of that land to such surf life saving entity as the parties agree.

49 Kawana and Buddina agree to provide 3.8 hectares of the Developable Areas for community facilities in accordance with clause 13.1: (c) at no cost to the Council and the Minister and free of all encumbrances; and fully Developed (but excluding the erection of Buildings or Structures) to the same standards as residential allotments in the vicinity; and prior to the earlier of the following: the time specified in the Community Development Strategy; or the completion of the Development of the Developable Areas In consideration of Kawana and Buddina agreeing to provide land for community facilities in accordance with clauses 13.1 and 13.2, the Council and the Minister agree that: (c) (d) (e) the Council will not require any contributions (including Council fees and headworks charges) in respect of the Development of the land to be provided under clause 13.1; and no price is to be payable to the Minister on any part of land within Development Lease No. 2 to be surrendered for community facilities; and the land is only to be used by or for non-profit community groups or Council service purposes in accordance with section of the planning study to the Kawana Waters DCP (excluding educational facilities); and the land is not to be used to accommodate government or Council office or administrative functions; and all improvements and construction on the land are to be in keeping with the style and character as determined by the Council, Kawana and Buddina in accordance with the Master Planned Community Development Process The Council and the Minister agree not to object to and agree to facilitate the provisions of clauses 13.1, 13.2 and The parties agree: that the Council must at its cost, when it is bound by the terms of this clause 13.5, take all steps necessary to open the Kawana Waters Community Facilities Account with a bank licensed to carry on business in Australia; and (c) (d) the Council must deposit all money received by it from the Minister arising from the freeholding of any part of land within Development Lease No. 2 by Kawana from 1 July 1995 in the Kawana Waters Community Facilities Account; and the Council must deposit in the Kawana Waters Community Facilities Account as soon as practicable after the parties become bound by this clause 13.5 the sum of $500, agreed to by Kawana as compensation payable by the Council to Kawana for the resumption of land more particularly described as Lot 3 on Registered Plan Parish of Bribie County of Canning ; and that Kawana and Buddina must together deposit $1,000,000 in total in the Kawana Waters Community Facilities Account in four instalments of $250,000 with the first instalment due and payable on the later of 30 June 1996 or on the

50 44 parties becoming bound by this clause 13.5 and subsequent instalments due on 30 June in 1997, 1998 and 1999; and (e) that Kawana and Buddina must together deposit $1,000,000 in total in the Kawana Waters Community Facilities Account prior to the earlier of: the sealing of a plan of subdivision in respect of the land identified as Stage 3 of Kawana Forest in the approved plans/drawings included in Development Permit 2004/ ; or 30 June 2008 or such later date agreed in writing by the parties; and (f) (g) Kawana and Buddina must together deposit $800,000 in total in the Kawana Waters Community Facilities Account within 45 days of Kawana and Buddina being advised in writing of the commencement of the Ninth Deed of Variation to the Development Agreement; and Kawana and Buddina must together deposit in the Kawana Waters Community Facilities Account $3,000,000 (unpaid amounts from time to time indexed in accordance with CPI from the date of the Tenth Deed of Variation of the Development Agreement) in two equal instalments with: the first instalment being due and payable within 60 days of Kawana and Buddina being advised in writing of the commencement of the Tenth Deed of Variation to the Development Agreement; and the second instalment being due and payable prior to the earlier of: (A) (B) 2 years after the start of a retail use in the Town Centre West Precinct; or the start of building work for the proposed Library/Learning Centre and Cultural Centre at North Birtinya as set out in Annexure 15; and (h) the Kawana Waters Community Facilities Account will be utilised as follows: (iii) all contributions made to the Kawana Waters Community Facilities Account up to and including 30 June 1999 (other than the compensation referred to in clause 13.5(c)) are to be expended on the construction of improvements or facilities within the existing Kawana Sports Complex and the Sporting Facilities Land; and the compensation referred to in clause 13.5(c) must be utilised for the construction of community facilities to service areas within that locality known as Kawana Waters which have already been Developed at the date of this Agreement; and the contribution referred to in clause 13.5(e) must: (A) be utilised in relation to the acquisition prior to 30 June 2020 of land for sport and recreation purposes which: (1) is located outside of the Kawana Water DCP but is accessible to land within the Kawana Water DCP; and (2) has a minimum area of 10 hectares; and

51 45 (3) is zoned for non-urban purposes under the Caloundra City Plan 2004; and (B) be refunded to Kawana and Buddina to the extent not utilised in the acquisition of land prior to 30 June 2020 in accordance with clause 13.5(h)(iii)(A); and (iv) (v) the contribution referred to in clause 13.5(f) must be utilised for the construction or purchase of a community facility to service Neighbourhoods 11, 12 and 13 (Kawana Island) as identified in the Structure Plan on land owned or under the control of the Council; and all other contributions made to the Kawana Waters Community Facilities Account after the 30 June 1999: (A) must be utilised for the construction of community facilities on the land to be provided by Kawana and Buddina under clause 13.1: (1) in accordance with the Community Development Strategy; and (2) as soon as practicable after the Development (within the meaning of clause 13.2) by Kawana and Buddina of the land on which they are to be located; or (B) must be utilised for the embellishment of the land acquired for sport and recreation purposes pursuant to clause 13.5(h)(iii); and (vi) (vii) the moneys held in the Kawana Waters Community Facilities Account are not to be utilised for any other purposes whatsoever; and the contribution referred to in clause 13.5(g) must be: (A) (B) utilised for the planning and construction of the Library / Learning Centre and Cultural Centre at North Birtinya; and refunded to Kawana and Buddina to the extent not utilised for the planning and construction of the Library / Learning Centre and Cultural Centre at North Birtinya prior to the day which is five (5) years after the day the Development Lease No. 2 expires; and (j) (k) expenditure from the Kawana Waters Community Facilities Account must not be in excess of the balance remaining in the Kawana Waters Community Facilities Account from time to time; and the Kawana Waters Community Facilities Account is to be operated by the Council provided that all decisions on any disbursement of moneys held in the Kawana Waters Community Facilities Account are to be jointly made by the Council, Kawana and Buddina but only for the purposes set out in this Agreement; and subject to clauses 13.5(h)(iii)(B) and 13.5(h)(vii)(B), that once all facilities identified in the Community Development Strategy referred to in clause 13.5(h)(v) have been constructed: the Kawana Waters Community Facilities Account will be closed; and

52 46 (iii) Council s obligations to make contributions under clause 13.5 ceases; and any balance of money held in the Kawana Waters Community Facilities Account will be transferred to the Council s consolidated revenue account or some other appropriate account; and (l) (m) (n) (o) that nothing in this clause 13.5 creates any fiduciary relationship or trust obligations between the parties; and that all interest accrued on the moneys held in the Kawana Waters Community Facilities Account will be retained in the Kawana Waters Community Facilities Account and may be used for the purposes specified in clauses 13.5(h), (iii), (iv), (v) and (vii); and that the Kawana Waters Community Facilities Account will be subject to the normal auditing requirements of the Council s external auditors from time to time; and the Council will within 30 days after the end of each financial year provide to Kawana and Buddina a statement including details of the following: (iii) (iv) (v) all moneys deposited to the Kawana Waters Community Facilities Account during the previous financial year; and all moneys disbursed from the Kawana Waters Community Facilities Account during the previous financial year; and the balance of the Kawana Waters Community Facilities Account at the end of the financial year; and all interest accrued on the moneys held in the Kawana Waters Community Facilities Account during the previous financial year; and any other relevant details that Kawana or Buddina may reasonably require The Council acknowledges and confirms its resolution made on 15 May 1996 that the Kawana Sports Complex (as expanded under the terms of this agreement) is to be the principal regional sporting facility for the coastal areas of the City of Caloundra The parties acknowledge and Kawana agrees that the deposit of $500,000 in the Kawana Waters Community Facilities Account in accordance with clause 13.5(c) is in full and final settlement of all claims for compensation in respect of the resumption of Lot 3 on Registered Plan Parish of Bribie County of Canning The Council and the Minister acknowledge that the contribution referred to in clause 13.5(f) is in full satisfaction of Kawana and Buddina s obligation under this Agreement to provide to the Council 3,000m 2 of land for community facilities on Kawana Island adjacent to the proposed Transit Station as set out in Annexure The Council and the Minister agree not to require Kawana and Buddina to perform work or otherwise contribute by way of cash payment or the transfer of land in respect of community facilities (including but not limited to those facilities listed in section 5.4 of the planning study to the Kawana Waters DCP) except where: provided in clause 13, clause 13A or Development Lease No. 2; or

53 47 the Council imposes a condition of Development that: is notified to the Council by an officer, department, agency or instrumentality of the State of Queensland or other entity pursuant to legislation (including subordinate legislation); and the Council is required by legislation (including subordinate legislation) to: (A) (B) (C) comply with that condition; or impose the condition on an application for Development; or pay compensation if the condition is not complied with or is not imposed on an application for Development; and (iii) takes account of contributions to community facilities which Kawana and Buddina have made or agreed to make in accordance with this Agreement The parties agree as follows: (c) Kawana and Buddina must comply with the Community Development Strategy including the recommended community facility requirements; a reference in a Master Plan to the community facilities plan is to be taken to be a reference to the Community Development Strategy; the Amended Structure Plan attached to Schedule 3 (Amended Structure Plan) of the Ninth Deed of Variation to the Development Agreement is to be taken to have been: the subject of an application for approval by Kawana and Buddina to: (A) (B) the Council in accordance with the Kawana Waters DCP; and the Minister in accordance with the Development Agreement; and approved by: (A) (B) the Council in accordance with the Kawana Waters DCP; and the Minister in accordance with the Development Agreement; and (iii) accepted by Kawana and Buddina; (d) (e) where the Community Development Strategy requires land to be provided by Kawana and Buddina which is not specified in Annexure 15, the provisions of clauses 13.1 to 13.4 apply to the provision of that land as if it were included in Annexure 15; where the Community Development Strategy requires land or buildings to be provided "commercially", the relevant land is to be designated for the required use as part of the Master Planned Community Development Process with the intent that: Kawana and Buddina will sell that land on commercial terms to a third party for the required use and the relevant facility, including buildings and

54 48 other improvements will be provided by the developer of that land in accordance with the relevant Master Plan; and Kawana and Buddina s obligations will be satisfied on the designation of that land for the required use;. (f) for the 5,000m 2 of community facilities identified as "Adjacent to the Regional Hospital in Birtinya" in Annexure 15, a reference in this clause 13 to the Community Development Strategy should be read as a reference to: the Kawana Waters DCP; or where the relevant matter is not dealt with in the Kawana Waters DCP, the Community Development Strategy. 13A SPECIFIC DEVELOPMENT OBLIGATIONS IN RESPECT OF DPA4 AND DPA10 Definitions for clause 13A 13A.1 In clause 13A: Borrow Pit means that part of the Sporting Facilities Land set out in Annexure 21. DPA4 means the Detailed Planning Area 4 in the Kawana Waters DCP. DPA4 Plan means the Detailed Planning Area Plan for DPA4 which is a schedule to the Eighth Deed of Variation to the Development Agreement. DPA10 means the Detailed Planning Area 10 in the Kawana Waters DCP commonly referred to as Kawana Forest. Development Design Planning Scheme Policy means the Development Planning Scheme Policy prepared to support Caloundra City Plan Eighth Deed of Variation to the Development Agreement means the document amending this Agreement which amongst other matters inserted clause 13A. Northern Portion see clause 13A.16. Prescribed Master Plans means the following approved Master Plans: Master Plan No. 15 (Detailed Planning Area Plan Perrins) 2001; Master Plan No. 29 (Site Development Plan Precinct 1) 2002; (c) Master Plan No. 33 (Site Development Plan Precinct 3) SDP Plan means the Site Development Plan for DPA4 which is a schedule to the Eighth Deed of Variation to the Development Agreement. Significant Subsidence means the noticeable deformation of the surface level caused by sub-surface compaction or collapse of the sub-surface material into a void which the Council, Kawana and Buddina agree, or failing agreement, an engineer appointed under clause 16 determines, has the potential to reasonably contribute to a surface drainage problem or cause safety and operational concerns for persons or equipment utilising the area. Localised depressions which have an area of less than 10m 2 and an average depth of 50mm are not generally considered significant.

55 49 Site Management Plan has the meaning given in the Environmental Protection Act Southern Portion see clause 13A.16. Master Plans for DPA4 13A.2 The DPA4 Plan and the SDP Plan shall be taken to have been: the subject of an application for approval by Kawana and Buddina to: the Council in accordance with the Kawana Waters DCP; and the Minister in accordance with the Development Agreement; and approved by: the Council in accordance with the Kawana Waters DCP; and the Minister in accordance with the Development Agreement; and (c) accepted by Kawana and Buddina. 13A.3 The Prescribed Master Plans shall be taken to have been: the subject of an application for revocation by Kawana and Buddina to: the Council in accordance with the Kawana Waters DCP; and the Minister in accordance with the Development Agreement; and revoked by: the Council in accordance with the Kawana Waters DCP; and the Minister in accordance with the Development Agreement. Roads 13A.4 Kawana and Buddina must construct the two lane extension of Kawana Way including the two lane connection with Lake Kawana Boulevard from the existing bridge over Currimundi Creek to Lake Kawana Boulevard via the existing roundabout prior to the earlier of: the completion of the construction of the arterial road from Caloundra Road to Woodlands Boulevard by the Department of Main Roads; or 31 October 2008 or such other later date agreed in writing by the parties. 13A.5 Kawana and Buddina must use all reasonable endeavours to ensure that the extent of the Multi-Modal Transport Corridor the alignment of which is specified in the DPA4 Plan is minimised to reduce the impacts on the areas of remnant vegetation to the west of the Multi-Modal Transport Corridor. Sewerage 13A.6 Kawana and Buddina must, within 6 months from the commencement of the Eighth Deed of Variation to the Development Agreement, register an easement in favour of the Council which:

56 50 is 10 metres wide (or a reduced width in portions where a full 10 metre width is not practicable, having regard to the location, surrounding areas and the requirements of the easement) and extends over the full extent of the alignment of the Landsborough-Kawana sewer main across land in DPA4 of which Kawana and Buddina is the owner or lessee; and is for sewerage and water supply purpose and is otherwise on terms reasonably satisfactory to the Council. 13A.7 The Council must survey the easement area and prepare the easement and plan of subdivision at its cost. 13A.8 Kawana and Buddina must pay the registration costs of the easement and the plan of subdivision. Sporting Facilities 13A.9 Kawana and Buddina must at no cost to the Council: (c) undertake the water quality monitoring program up to and including the 30 June 2010 as required by conditions 9 and 10 of the development approval for reconfiguring a lot which created the Borrow Pit allotment being Development Permit 2003/ ; and undertake remediation works and actions if and as required by condition 12 of Development Permit 2003/ ; and where Significant Subsidence of the Borrow Pit has occurred prior to 30 June 2010, undertake remedial work to rehabilitate the Borrow Pit to the state and condition as existing at the date the Borrow Pit was first capped. Open Space 13A.10 Kawana and Buddina must, within 6 months from the commencement of the Eighth Deed of Variation to the Development Agreement, transfer to the State of Queensland, at no cost to the State of Queensland, land for an esplanade which: is specified as Esplanade in the DPA4 Plan; and has a minimum width of 30 metres. 13A.11 Kawana and Buddina must transfer to the Council: within 6 months from the commencement of the Eighth Deed of Variation to the Development Agreement, at no cost to the Council, land in freehold title which is specified as Open Space Recreation (Community Park) in the DPA4 Plan, which; has a minimum area of 20 hectares; and the Council must hold on trust for open space purposes; land in freehold title which is to be used for a State Emergency Services Depot, prior to the earlier of: the date when the Southern Portion is no longer required to be used as a depot for the Development of the Developable Areas; or

57 51 1 December 2015 or such other earlier date agreed in writing by the parties, and which is to: (A) (B) (C) have a minimum of 5,000m 2 ; and have (subject to Department of Main Roads approval) emergency vehicular access to Kawana Way; and have an 800m 2 area adjacent to Kawana Way developed to the Q100 year ARI level in accordance with the Development Design Planning Scheme Policy. 13A.12 Kawana and Buddina must, within 6 months from the commencement of the Eighth Deed of Variation to the Development Agreement, transfer to the State of Queensland with the Council as trustee, at no cost to the Council and the State of Queensland: land for open space and drainage purposes which is specified as Open Space Mixed Recreation and Conservation in the DPA4 Plan and is located to the north of Woodlands Boulevarde, other than those parts of the land which are; up to a maximum width of 30 metres from the Multi Modal Transport Corridor; or beyond the area specified in paragraph 13A.12, but which are identified as being required by the Department of Main Roads or the Department of Transport for the Multi Modal Transport Corridor prior to the date of transfer: land for open space purposes which is specified as Open Space Conservation in the DPA4 Plan and which is located to the east of the Multi-Modal Transport Corridor and to the north of Woodlands Boulevarde: and 13A.13 The Council acknowledges that the transfer of the land specified in clause 13A.12 satisfies the previous agreement with the Council in relation to the provision of 30 hectares of land for Open Space in DPA4 which included the proposed golf course land. 13A.14 Kawana and Buddina must, within 30 days of the transfer or dedication of the Multi-Modal Transport Corridor, transfer to the State of Queensland with the Council as trustee at no cost to the Council and the State of Queensland: any remaining part(s) of the land which is specified as Open Space Mixed Recreation and Conservation in the DPA4 Plan (including the area which is located to the south of Woodlands Boulevarde) ; and any remaining part(s) of the land which is specified as Open Space Conservation in the DPA4 Plan which is located to the east of the Multi-Modal Transport Corridor in the DPA4 Plan (including the area which is located to the south of Woodlands Boulevarde), that is not required for the Multi-Modal Transport Corridor. 13A.15 Kawana and Buddina must, transfer to the State of Queensland with the Council as trustee, at no cost to the Council and the State of Queensland, land for open space purposes which is specified as Open Space Conservation (not forming part of the District Park) in the DPA4 Plan, which is located to the west of the Multi-Modal Transport Corridor and which is not required for the Multi-Modal Transport Corridor, prior to the earlier of:

58 52 the date 30 days after the transfer or dedication of the land for the Multi-Modal Transport Corridor within DPA4 to the State of Queensland; or 30 June 2020 or such other earlier date agreed in writing by the parties. 13A.16 Kawana and Buddina must, at no cost to the Council and the State of Queensland, transfer to the State of Queensland with the Council as trustee, land for open space and local government purposes which: is specified as Open Space Recreation (Village Park) in the DPA4 Plan comprising: the waterbody (including that part of the waterbody located in the Birtinya Neighbourhood), the land to the north of the waterbody and the maintenance access around the southern edge of the waterbody (Northern Portion); and the land to the south of the waterbody (Southern Portion); and in the case of that part of the land to be used for open spaces purposes, is to be developed: (iii) (iv) in accordance with the Community Recreation and Open Space Model in the Kawana Waters DCP; and to provide an extensive frontage to Kawana Way and the trunk collector road to the south of the Regional Hospital; and to provide connections to the pedestrian and cycle links along the northern arm of Currimundi Creek; and to provide pedestrian and cycle links to DPA10 and Birtinya in accordance with the DPA4 Plan; and (c) in the case of: the Northern Portion, is to be transferred prior to the earlier of: (A) (B) the approval of the design plan for the subdivision of the land immediately to the east of the Northern Portion (excluding any subdivision to create the proposed electrical substation site); or the construction of the adjoining trunk collector road to the north of the Northern Portion; and the Southern Portion, is to be transferred prior to the earlier of: (A) (B) the date when the Southern Portion is no longer required to be used as a depot for the Development of the Developable Areas; or 1 December 2015 or such other earlier date agreed in writing by the parties. 13A.17 Where land to be transferred to the State of Queensland with the Council as trustee under clauses 13A.12 to 13A.16 is within Development Lease No. 2, Kawana and Buddina are only required to surrender the relevant part of the land to the State of Queensland and the Minister must seek the consent of the Governor in Council to the grant of that land under section 14(1) (Governor in Council may grant land) of the Land

59 53 Act 1994 in fee simple subject to the Schedule of Trusts for a community purpose specified by the Council in respect of that land. 13A.18 Kawana and Buddina must in relation to: the existing deco tracks specified in the SDP Plan provided in DPA4 as part of the Development of DPA10, carry out maintenance works (which maintenance works will not require any change to the alignment, form or nature of the existing deco tracks) to the reasonable satisfaction of the Council prior to the transfer of the land referred to in clause 13A.12; and the pedestrian and cycle links specified in the DPA4 Plan that connect the Development in DPA10 to the land specified as Open Space Mixed Recreation and Conservation, Open Space Conservation, Esplanade, Community Park and District Park, construct the pedestrian and cycle links: prior to 31 December 2008 or such other later date agreed in writing by the parties; and generally in accordance with the alignment and construction standards of the path bonded with the Council as shown on Goodwin Midson and Partners Drawing No dated 2 February 2006; and (c) pedestrian and cycle link specified in the DPA4 Plan that connects DPA10 to the pedestrian and cycleway in Kawana Way by way of pathway construction under the northern abutment of the Currimundi Creed Bridge on Kawana Way, construct the pedestrian and cycle link: (iii) prior to the completion of the extension of Kawana Way and its connection with Lake Kawana Boulevard; and in accordance with the Development Design Planning Scheme Policy; and without the need to allow for subsequent construction of any road or other transport routes over the pedestrian and cycle link; and (d) the pedestrian and cycle link specified in the DPA4 Plan from the pedestrian and cycle way in Kawana Way to and along the northern bank of Currimundi Creek to Creekside by means of the pedestrian and cycle bridge across Currimundi Creek, construct the pedestrian and cycle link: (iii) within 12 months of the registration of the plan of subdivision for the first allotment in the southern peninsula area identified in Master Plan No 39 Precinct Estate Plan Birtinya 2006; and so that the pedestrian and cycle bridge is a minimum width of 3 metres; and in accordance with the Development Design Planning Scheme Policy; and (e) the pedestrian and cycle links specified in the DPA4 Plan as being within DPA4 and the Birtinya Further Investigation Area identified in Master Plan No. 38 (Neighbourhood Plan Birtinya) 2005 approved by the Infrastructure Agreement that are located in the Northern Portion of the Village Park, construct the pedestrian paths: prior to the transfer of the Northern Portion to the State of Queensland with the Council as trustee; and

60 54 in accordance with the Development Design Planning Scheme Policy; and (f) the pedestrian and cycle links that connect the Town Centre and Business Village specified in the Kawana Waters DCP to the District Park and the pedestrian and cycle links in DPA4, construct the pedestrian and cycle links: (iii) prior to the commencement of a use in the Town Centre; and in accordance with the Development Design Planning Scheme Policy; and without the need to allow for subsequent construction of any road or other transport routes over the pedestrian and cycle links. 13A.19 The Council acknowledges that the proposed pedestrian and cycle links specified in clause 13A.18 will not affect the flood characteristics of the Currimundi Creek catchment. 13A.20 If the pedestrian and cycle links (including the pedestrian and cycle bridge across Currimundi Creek) specified in the DPA4 Plan are constructed in accordance with clause 13A.18 prior to the land on which the pedestrian and cycle links are constructed being transferred to the Council or the State of Queensland pursuant to clauses 13A.10 to 13A.16, Kawana and Buddina must within the relevant time period specified in clause 13A.18 register at no cost to the Council an easement in favour of the Council which: (c) is 10 metres wide or a reduced width as agreed in writing by the parties over the full extent of the pedestrian and cycle links (with the exception of that part of the pedestrian and cycle bridge over Currimundi Creek) that have been constructed; and is for public access purposes and is otherwise on terms reasonably satisfactory to the Council; and in the case of an easement that will traverse land intended as a future State controlled road is approved by the Department of Main Roads. 13A.21 Kawana and Buddina must obtain an unexploded ordinance clearance from the department responsible for the Environmental Protection Act 1994 for the Village Park specified in the DPA4 Plan prior to commencing any work on the Village Park. Community Facilities 13A.22 Kawana and Buddina must, within 18 months from the commencement of the Eighth Deed of Variation to the Development Agreement, construct a building to be used as a Flood Plain Interpretive Centre which: is in accordance with detailed building specifications and plans approved by the Council (acting reasonably) that are to be generally in accordance with the Conceptual Plan for the Flood Plain Interpretive Centre specified in the DPA4 Plan; and is at a location nominated by the Council which is within close proximity to the Sporting Facilities Land identified as area 1 in Annexure A.23 The parties acknowledge that the Council is not required to approve a plan of subdivision for the subdivision of that part of DPA10 referred to as Stage 3 of Kawana Forest in the approved plans/drawings included in Development Permit 2004/ until the 1000m 2 of land for community facilities in the Perrins Highland Neighbourhood Centre has been provided to the Council in accordance with clause 13.

61 55 13B COUNCIL CARPARKING SITE IN THE TOWN CENTRE 13B.1 Kawana and Buddina are to provide to the Council 5,000m 2 of the Developable Area in the Town Centre South Precinct for a carparking site: (c) (d) in fee simple and free of all encumbrances; at no cost to the Council; fully Developed (but excluding the erection of Buildings or Structures) to the same standards as a lot for a commercial use in the vicinity; within 2 months of the registration of a plan of subdivision in either the Town Centre South Precinct or the Town Centre West Precinct. 13B.2 The Council is not to require from Kawana and Buddina, a contribution for land, work or money (including an application fee) in respect of the Development of the land in clause 13B.1. 13B.3 The Council is to use the land in clause 13B.1 for: a carparking site for at least: 15 years from the date the land is provided to the Council; or a shorter period agreed to by Kawana and Buddina; and any of the following purposes provided that it is continued to be used for the purpose stated in paragraph : a government purpose; a Community Purpose, subject to the agreement of Kawana and Buddina where the Community Purpose is proposed to be undertaken within the period stated in paragraph. 13C CONSOLIDATED OFF-SITE CARPARKING FACILITY IN THE TOWN CENTRE EAST PRECINCT 13C.1 Kawana and Buddina shall, prior to the approval of a Detailed Planning Area Plan for the Town Centre, at their cost, prepare and submit to the Council for approval a Carparking Management Plan for the Town Centre DPA (other than the Council carparking site in the Town Centre South Precinct provided for in clause 13B) which is to: (c) be prepared in consultation with the Council: and comply with the criteria specified in Annexure 23; and reflect a joint strategy between the Council, Kawana and Buddina. 13C.2 Kawana and Buddina agree that the Council and the Minister shall be under no obligation to determine an application for approval of the Detailed Planning Area Plan for the Town Centre DPA under the Development Documents if the Carparking Management Plan is not prepared and submitted in accordance with clause 13C.1. 13C.3 The Council is to consider and determine its approval of the Carparking Management Plan as soon as is reasonably practicable.

62 56 13C.4 Kawana and Buddina must comply with the approved Carparking Management Plan. 13C.5 Kawana and Buddina must ensure that all Master Plans for the Town Centre DPA identify land for the Development of a carparking facility in accordance with the approved Carparking Management Plan. 13C.6 The Council may amend the approved Carparking Management Plan with the consent of Kawana and Buddina which is not to be unreasonably withheld. 14 TOWN CENTRE 14.1 The parties acknowledge that a requirement for Kawana and Buddina to offer for sale, at market value, 1.2 hectares of part of the Developable Areas within the proposed town centre for State offices and services has been fulfilled, and Kawana and Buddina are not required to make a further offer to the State of Queensland Kawana and Buddina must prior to the day stated in clause 14.3, transfer the following land to the Council in freehold title: Lot 196 and Lot 197 on SP in precinct 8 of DPA 1; Lot 204 on SP in precinct 13 of DPA 1; (c) part of Lot 462 on SP , consisting of approximately 2,429m 2 in precinct 14 of DPA Kawana and Buddina must transfer the land identified in clause 14.2 to the Council prior to the day which is the earlier of the following: twelve (12) months after the approval of a Detailed Planning Area Plan for the Town Centre DPA; the approval of a Site Development Plan in the Town Centre West Precinct; 14.4 Kawana and Buddina agree that the Council shall be under no obligation to approve a Site Development Plan for the Town Centre West Precinct under the Development Documents if the relevant land has not been transferred to the Council in accordance with clauses 14.2 and Kawana and Buddina agree that the Development of the part of the Town Centre West Precinct with frontage to Kawana Way is to comply with the following requirements in addition to those identified elsewhere in the Development Documents: (c) that each building must be situated on its own allotment; that the built form must sleeve the shopping centre and provide active frontage to Kawana Way; that prior to the commencement of a use in the Town Centre West Precinct the following works are to be carried out for each allotment or part thereof that is located within the Town Centre West Precinct: the allotment is cleared of all rubble and debris; the allotment is levelled to the same level as any adjoining footpath and turfed so it can be mowed or otherwise fully landscaped or mulched;

63 57 (iii) (iv) (v) (vi) (vii) the allotment is turfed and mown to the reasonable satisfaction of the Council; drainage is provided to prevent ponding; the allotment is maintained so there is no sediment run-off on adjacent premises, roads or footpaths; the allotment is maintained to ensure no nuisance to adjacent premises, roads or footpaths; the work necessary to ensure that each allotment cannot be used for the parking of a vehicle; (d) that until such time as works commence to Develop an allotment for a commercial/mixed use purpose, the allotment must be maintained in accordance with paragraph (c). 14A FUTURE PUBLIC TRANSPORT CORRIDOR 14A.1 Kawana and Buddina agree to provide 3,500m 2 of the Developable Areas in the Town Centre DPA, for a future public transport corridor as follows ("Public Transport Corridor"): (c) (d) to the Council in freehold subject to a trust for public transport purposes and road purposes; at no cost to the Council; generally in the location shown on the plan in Annexure 25; and prior to the earlier of the approval of a Site Development Plan within the Town Centre East Precinct or 30 June A.2 The parties agree to provide road access to Kawana Way through the Public Transport Corridor as follows: where a Detailed Planning Area Plan for the Town Centre East Precinct has been approved before the Public Transport Corridor is provided to the Council, Kawana and Buddina will dedicate the road access as a road: (iii) at the same time as the Public Transport Corridor is provided to the Council; at no cost to the Council; and in the location identified in the approved Detailed Planning Area Plan for the Town Centre East Precinct which is generally in accordance with the location indicated in Annexure 25; where a Detailed Planning Area Plan for the Town Centre East Precinct has not been approved before the Public Transport Corridor is provided to the Council, the Council will dedicate the road access as a road: as soon as reasonably practicable after the approval of the Detailed Planning Area Plan for the Town Centre East Precinct; at no cost to the Council; and

64 58 (iii) in the location identified in the approved Detailed Planning Area Plan for the Town Centre East Precinct which is generally in accordance with the location indicated in Annexure ASSIGNMENT 15.1 Subject to the provisions of this clause 15, the Development Lease No 2 and the Land Act 1994, Kawana or Buddina may: (c) transfer all or any part of an interest in the Developable Areas ("transfer"); or mortgage or charge all or any part of the Developable Areas or assign by way of security its interests, rights or obligations under this agreement ("mortgage"); or assign absolutely any interests, rights or obligations under this Agreement ("assignment"). Kawana or Buddina must not effect an assignment without effecting a transfer of the relevant part of the Developable Areas A transfer or assignment must not be effected until the transferee or assignee: has entered into a deed of novation of this agreement; and provides to the Council an unconditional bank guarantee from a bank or financial institution approved by the Council (such approval to be granted in its absolute discretion) in an amount approved by the Council (such approval not to be unreasonably withheld) to secure any obligations under this Agreement of the party effecting the transfer or assignment which relate to the provision of land, the payment of money or the performance of works which are passed to the transferee or assignee (other than: (iii) land to be provided within the land the subject of the transfer or assignment; or works to be undertaken within the land the subject of the transfer or assignment; or contributions in respect of Sewerage Headworks) A bank which: has its world wide headquarters in Australia; and holds the appropriate banking licence to operate as a bank in Australia, is deemed approved by the Council for the purposes of clause The deed of novation required by clause 15.2 must be prepared by the Council within 2 months of receiving advice of the proposed transfer or assignment from Kawana or Buddina and must be reasonably acceptable to all parties to this Agreement. In determining whether the deed is reasonably acceptable regard must be had to: the extent to which the deed effectively achieves a novation; and any adverse effect on a party to this agreement claiming that the deed is not acceptable; and

65 59 (c) (d) (e) the extent to which the deed expands the obligations of a party to this agreement claiming that the deed is not acceptable; and the practicality and general suitability of any arrangement under which obligations imposed or benefits conferred by this Agreement are divided between the transferor and transferee or assignor and assignee; and the fairness or appropriateness of any provision of the deed or omission from the deed on a party to this Agreement claiming that the deed is not acceptable The advice under clause 15.4 must contain reasonable details of: (c) the parties to the proposed transfer or assignment; and in the case of a partial transfer or assignment, the land, rights, obligations and benefits being transferred or assigned; and the amount to be secured under the unconditional bank guarantee under clause 15.2 and the basis of calculation of that amount Kawana or Buddina must pay the reasonable costs of the Council, on a solicitor and own client basis, incurred in the preparation, negotiation and execution of the deed of novation required by clause A mortgage must not be effected until the mortgagee (which expression includes, in an appropriate case, a chargee or assignee) has entered into a deed with the Council and the Minister, under which the mortgagee agrees that in the event of them: entering into possession and deciding to proceed with Development of the Developable Areas (apart from any minor Development preparatory to disposal of their security by way of sale) they will comply with clause 15.2 (subject to clauses 15.3 and 15.4); or disposing of their security, they will procure at their cost the person to whom they dispose of their security to comply with clause 15.2 (subject to clauses 15.3 and 15.4) A deed required by clause 15.7 must be prepared promptly by the Council after receiving advice of the proposed mortgage and must be reasonably acceptable to its parties. In determining whether the deed is reasonably acceptable regard must be had to: (c) any adverse effect on a party claiming that the deed is not acceptable; and the extent to which the deed expands the obligations of a party claiming that the deed is not acceptable; and the fairness or appropriateness of any provision of the deed or omission from the deed on a party claiming that the deed is not acceptable The advice under clause 15.8 must contain reasonable details of: the parties to the proposed mortgage; and the land and interests being mortgaged Kawana or Buddina must pay the reasonable legal costs of the Council, on a solicitor and own client basis, incurred in the preparation, negotiation and execution of a deed required by clause 15.7.

66 When a transferee or assignee complies with clause 15.2: the party transferring or assigning will no longer be liable for the performance of this Agreement; and no other party will be entitled to make any claim against them concerning the performance of this Agreement to the extent novated to the transferee or assignee This clause does not apply to the transfer after the gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments and the approval by the Governor in Council of the Development Lease No 2 Extension of: an allotment of land designated Urban or DPA (other than DPA8) under the Kawana Waters DCP, where the allotment is: transferred in the ordinary course of business; and shown on a: (A) (B) Precinct/Estate Plan approved by the Council or the Minister in accordance with the Master Planned Community Development Process and the allotment does not require a Site Development Plan; or Site Development Plan approved by the Council in accordance with the Master Planned Community Development Process; and (iii) shown on a subdivision approval and on a registrable plan of survey approved by the Minister or the Council in accordance with the Master Planned Community Development Process; and an allotment within the Developable Areas which is not designated Urban or DPA under the Kawana Waters DCP (as identified on Annexure 16), where the allotment is: transferred in the ordinary course of business; and shown on a subdivision approval and on a registrable plan of survey approved by the Minister or the Council This clause does not apply to the transfer before the gazettal of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments and the approval by the Governor in Council of the Development Lease No 2 Extension of an allotment of land in the Developable Areas, where the allotment is: (c) transferred in the ordinary course of business; and shown on a subdivision approval and on a registrable plan of survey approved by the Minister or the Council; and fully Developed (but excluding the erection of Buildings or Structures and in the case of a proposed group title subdivision on the allotment, the construction of internal roads and services) to the standard required for the intended use of the allotment by the ultimate occupier.

67 If the parties to this agreement cannot reach agreement on the form of a deed of novation or deed required by this clause 15, then any such party may invoke the provisions of clause DISPUTE RESOLUTION 16.1 Any dispute as to the performance of this Agreement or arising out of this Agreement that cannot be resolved by agreement between the parties must be clearly identified and notified by written notice from one party to the other party Within 5 Business Days of the date of the written notice referred to in clause 16.1, the parties to the dispute must meet to discuss the dispute and its possible determination Any party to any dispute, the subject of a written notice under clause 16.1, may request an appropriate mediator as agreed between the parties to assist in the resolution of the dispute. If the parties cannot agree on an appropriate mediator, one must be nominated by the President for the time being of the Queensland Law Society, Inc The costs of any mediator appointed under clause 16.3 (including the costs of appointment) must be borne equally by all parties to the dispute Subject to clause 16.9, if any dispute notified under clause 16.1 is not resolved within 20 Business Days from the date of the written notice of dispute, any party to the dispute may seek independent resolution by a Determinator appointed by one of the institutes or associations listed in clause The referral of the dispute to the Determinator is not an arbitration and the Commercial Arbitration Act 1990 shall not apply. If the parties cannot agree on the type of the appropriate Determinator, the type of Determinator shall be nominated by the President for the time being of the Queensland Law Society, Inc Where any dispute is referred for determination under clause 16.5, the Determinator must be appointed by one of the following institutes or associations as is appropriate in the circumstances: if an architect by the President for the time being of the Australian Institute of Architects, Queensland Chapter; or if a real estate agent by the Real Estate Institute of Queensland; or (c) if a quantity surveyor by the President for the time being of the Institute of Quantity Surveyors, Queensland Division; or (d) if an engineer by the President for the time being of the Institute of Engineers, Australia, Queensland Chapter; or (e) if a mediator by the President for the time being of the Queensland Law Society, Inc.; or (f) if an accountant by the President for the time being of the Institute of Chartered Accountants, Queensland Division; or (g) if an actuary by the President for the time being of the Actuaries Institute of Australia, Queensland Division; or (h) if a valuer by the President for the time being of the Australia Institute of Valuers and Land Economists, Queensland Division; or

68 62 if a town planner by the President for the time being of the Royal Australian Planning Institute; or (j) if a lawyer by the President for the time being of the Queensland Law Society, Inc., in each case being a person experienced in work involving large greenfield subdivisions and in the matter the subject of the dispute The decision of a Determinator on any dispute referred under clause 16.5 is binding and final on the parties to the dispute The costs of any Determinator to which a dispute is referred under clause 16.5 are to be borne equally by the parties to the dispute If any dispute notified under clause 16.1 remains unresolved, then at any time within 20 to 35 (inclusive) Business Days after the date of a written notice of dispute under that clause and whether before or after reference of a dispute to a Determinator under clause 16.5, any party may: institute proceedings in an appropriate court for determination of the dispute; or advise the other party in writing that it will not be bound by the Determinator s decision where that party is not entitled to institute proceedings (as is the case with the Council in respect of applications lodged under the Act) Where a party has pursuant to clause 16.9 instituted proceedings or advised the other party in writing that it will not be bound by the Determinator s decision, the reference of the dispute to the Determinator under clause 16.5 will be terminated and the dispute will be dealt with by the appropriate court Where a party has not pursuant to clause 16.9 instituted proceedings or advised the other party in writing that it will not be bound by the Determinator s decision, then the parties agree that the dispute will be finally determined by the Determinator in accordance with this clause The parties may mutually agree in writing to extend any time period specified in this clause TERMINATION 17.1 Subject to clause 17.2 this Agreement shall terminate upon: (c) the completion of the Development of the Developable Areas in accordance with the Development Documents; and the performance of the Development Obligations under this Agreement; and the performance of all the obligations by Kawana and Buddina under the Transport Infrastructure Agreement Notwithstanding clause 17.1: clauses 5.6, and 19 will continue to have force and effect until the Council has expressly waived the benefit of these clauses in writing; and clause 13.5 will continue to have force and effect until the terms of that clause have been fully satisfied; and

69 63 (c) clauses 10.8 to will continue to have force and effect until: they are terminated in accordance with clause 10.17; or the Council has expressly waived the benefit of these clauses in writing; and (d) clauses and will continue to have force and effect until: the Council having fulfilled its obligations in accordance with clauses to advises Kawana and Buddina in writing that these clauses are no longer of force and effect; or Kawana and Buddina have expressly waived the benefit of these clauses in writing; and (e) (f) clause 16 will continue to have force and effect until all clauses of this Agreement no longer have any force and effect; and clauses and 11.8 will continue to have force and effect until Kawana and Buddina have expressly waived the benefit of these clauses in writing. 18 CHANGE IN DEVELOPMENT ENTITLEMENTS 18.1 If the Development Entitlements are changed whether by application or otherwise, the parties agree: to pay compensation, if any, in accordance with clauses 18.2, 18.3, 18.4 and 18.5 in relation to any Fulfilled Development Obligations; and to review the Development Obligations that are not Fulfilled Development Obligations in accordance with Table B and pay compensation in respect of Odour Control Works in accordance with Table B; and TABLE B Development Obligation Sporting Facilities Land and Additional Sporting Facilities Land District Parks and Focus Areas Reduced Development Entitlements There shall be no reduction in the size of these facilities There shall be no reduction in the size of these areas Increased Development Entitlements There shall be no expansion in the size of these facilities There shall be no increase in the size of these areas

70 64 Development Obligation Linear, Neighbourhood/ Village and Precinct Parks Esplanade Areas Waterways and Lake Areas Kawana Waters Community Facilities Account Community Facilities Land Reduced Development Entitlements These parks are not to be provided in those parts of the Developable Areas that are not Developed as a result of a reduction in the Development Entitlements, otherwise the area of these parks is to be reduced in accordance with the open space planning and design criteria set out in the Proposed Kawana Waters DCP to take account of the reduced Development Entitlements These areas are to be provided irrespective of the reduction in Development Entitlements The extent of the waterways and lake areas to be constructed is to be reduced by the equivalent amount of fill that is not required to Develop the Developable Areas because of the reduced Development Entitlements The contributions shall be reduced on a pro rata basis for a change in the estimated population resulting from the reduced Development Entitlements These areas are to be reduced in accordance with section of the planning study to the Proposed Kawana Waters DCP to take account of the reduced Development Entitlements Increased Development Entitlements The area of these parks are to be expanded in accordance with the open space planning and design criteria set out in the Proposed Kawana Waters DCP to take account of the increased Development Entitlements There shall be no expansion in these areas irrespective of an increase in the Development Entitlements There shall be no expansion in these areas irrespective of an increase in the Development Entitlements The contribution shall be increased on a pro rata basis for a change in the estimated population resulting from the increased Development Entitlements These areas are to be increased in accordance with section of the planning Study to the Proposed Kawana Waters DCP to take account of the increased Development Entitlements

71 65 Development Obligation Sewerage Works Internal/ Sewerage Works External Sewerage Headworks Contributions Odour Control Works Roadworks Contributions Reduced Development Entitlements These are to be provided to accommodate the reduced Development Entitlements These are to be reduced in accordance with the reduced Development Entitlements These are to be undertaken irrespective of any change in the Development Entitlements for which Kawana will be compensated on the same basis set out in Table C These are to be reassessed using the traffic model accepted by the Council and the Minister as part of the approval of the Structure Plan Increased Development Entitlements These are to be provided to accommodate the increased Development Entitlements These are to be increased in accordance with the increased Development Entitlements. These are to be undertaken irrespective of any change in the Development Entitlements These are to be reassessed using the traffic model accepted by the Council and the Minister as part of the approval of the Structure Plan (c) (d) (e) to negotiate in good faith and amend this Agreement to put the parties in as near as practical a position as they were in before the change in the Development Entitlements; and that the dispute resolution process in clause 16 may be invoked if agreement cannot be reached as to the amendment of this Agreement; and that this Agreement as amended will have full force and effect in all jurisdictions Subject to clause 18.3, where the Council amends or seeks the amendment of the Caloundra Town Planning Scheme (other than where it is required to do so as a matter of law except any periodic review or amendment of the Caloundra Town Planning Scheme under the Act) to reduce the Development Entitlements, the Council shall pay to Kawana and Buddina compensation in respect of: any injurious affection arising from the amendment of the Caloundra Town Planning Scheme to be calculated in accordance with the provisions of section 3.5 of the Act as is in force at the date of this Agreement; and any Fulfilled Development Obligations to be calculated in accordance with Table C. TABLE C Development Obligation Compensation

72 66 Development Obligation Sporting Facilities Land and Additional Sporting Facilities Land District Parks and Focus Areas Linear, Neighbourhood/Village and Precinct Parks Esplanade Areas Lake Areas within the Developable Areas Waterways Kawana Waters Community Facilities Account Community Facilities Land Sewerage Works Internal and Sewerage Works External Sewerage Headworks Contributions Odour Control Works Compensation There shall be no compensation payable There shall be no compensation payable There shall be no compensation payable There shall be no compensation payable There shall be no compensation payable There shall be no compensation payable Where Kawana and Buddina have made the contributions to the Kawana Waters Community Facilities Account, the Council shall refund on a pro rata basis the amount by which the estimated population has been reduced as a result of the reduction in the Development Entitlements Where Kawana and Buddina have provided land in excess of the requirements specified in section of the planning study to the Proposed Kawana Waters DCP, the Council shall pay the value of the surplus land calculated at residential A values at the date of the amendment of the Caloundra Town Planning Scheme and Crown commission will be payable by Kawana to the Minister on land previously within Development Lease No. 2 for which compensation is paid Where Kawana and Buddina have constructed or contributed to Sewerage Works Internal and Sewerage Works External the Council shall pay the difference between the actual cost of constructing and providing these works and the costs that would have been paid had the works been sized to accommodate the estimated population as a result of the reduction in the Development Entitlements Where Kawana and Buddina have made Sewerage Headworks contributions under this Agreement, the Council shall refund the amount actually paid in respect of the Development Entitlements that have been reduced. There shall be no compensation in relation to any contributions if any made under the Terms of Settlement, Sewerage Agreement No 1 or Sewerage Agreement No 2 Where Kawana has contributed to the cost of the Odour Control Works undertaken by the

73 67 Development Obligation Roadworks Contributions Compensation Council, the Council shall refund on a pro rata basis the amount by which the equivalent tenements permitted within metres of the current inlet structure of the Sewerage Plant have been reduced as a result of the reduction in the Development Entitlements Where Kawana and Buddina have performed works or made contributions in respect of State Controlled Roads and other Roads, the Council shall pay the difference between the actual costs incurred in respect of the works and contributions and the cost that would have been paid had the works or the contributions been provided (as assessed using the traffic model accepted by the Council and the Minister as part of the approval of the Structure Plan)to accommodate the reduction in the Development Entitlements 18.3 The compensation that is payable by the Council to Kawana and Buddina pursuant to clause 18.2, shall be reduced by the amount that is payable to Kawana and Buddina pursuant to: clauses 18.1 and 18.2; and any legislation (replacing section 3.5 of the Act) which provides for the payment of compensation to Kawana and Buddina in respect of injurious affection for reduced Development Entitlements arising from the amendment of the Caloundra Town Planning Scheme Where the Developable Areas are Developed by Kawana or Buddina or a person bound by a deed of novation entered into with the Council in accordance with clause 15 in excess of the Development Entitlements, Kawana and Buddina shall pay to the Council compensation in respect of any Fulfilled Development Obligations to be calculated in accordance with Table D Any compensation payable pursuant to clauses 18.1, 18.2, 18.3 and 18.4 shall be paid on or before 30 days after: the receipt of the claim for compensation if the claim is not disputed; or the determination of the amount of the compensation in accordance with clause 16, if the claim is disputed. TABLE D Development Obligation Sporting Facilities Land and Additional Sporting Facilities Land District Parks and Focus Areas Linear, Neighbourhood/Village and Precinct Compensation There shall be no compensation payable There shall be no compensation payable Where these parks have been provided, Kawana

74 68 Parks Development Obligation Compensation and Buddina shall provide land or pay the value of the additional land calculated at residential A values that is required in accordance with the open space planning and design criteria set out in the Proposed Kawana Waters DCP to satisfy the amount by which the estimated population has been increased as a result of the increased Development Entitlements Esplanade Areas Lake Areas within the Developable Areas Waterways Kawana Waters Community Facilities Account Community Facilities Land Sewerage Works Internal and Sewerage Works External Sewerage Headworks Contributions Odour Control Works Roadworks Contributions There shall be no compensation payable There shall be no compensation payable There shall be no compensation payable Kawana and Buddina shall pay on a pro rata basis the amount by which the estimated population has been increased as a result of the increased Development Entitlements Kawana and Buddina shall provide land or pay the value of the additional land calculated at residential A values that is required to satisfy the requirements of section of the planning study to the Proposed Kawana Waters DCP relating to the provision of such land Kawana and Buddina shall provide the Sewerage Works Internal and Sewerage Works External that are necessary to accommodate the increased Development Entitlements Kawana and Buddina shall make Sewerage Headworks contributions in accordance with the provisions of this Agreement Kawana and Buddina shall make contributions to Odour Control Works in accordance with the provisions of this Agreement Kawana and Buddina shall perform additional works and make additional contributions in respect of State Controlled Roads and other Roads that are necessary (as assessed using the traffic model accepted by the Council and the Minister as part of the approval of the Structure Plan) to accommodate the increase in Development Entitlements The parties agree that the provisions of clauses 18.1, (c), (d) and (e) of this Agreement shall not apply to any reduction or increase in Kawana and Buddina s Development Entitlements as set out in the Kawana Waters DCP arising from the adoption of: amendments to the Kawana Waters DCP as set out in Proposed Amendment No. 1 of Development Control Plan 1 Kawana Waters as set out in Schedule 1 of the

75 69 Sixth Deed of Variation to the Development Agreement and incorporating any conditions imposed by the Minister pursuant to sections 11(2) (Considering proposed planning scheme for adverse affects on State interests) and 18(4) (Reconsidering proposed planning scheme for adverse affects on State interests) of Schedule 1 of the Integrated Planning Act 1997; or (c) (d) (e) (f) amendments to the Kawana Waters DCP as set out in Proposed Amendment No. 2 of Development Control Plan 1 Kawana Waters as set out in Schedule 2 of the Sixth Deed of Variation to the Development Agreement and incorporating any conditions imposed by the Minister pursuant to sections 11(2) (Considering proposed planning scheme for adverse affects on State interests) and 18(4) (Reconsidering proposed planning scheme for adverse affects on State interests) of Schedule 1 of the Integrated Planning Act 1997; or amendments to the Caloundra City Council Planning Scheme as set out in Proposed Amendment No. 1 of the Planning Scheme for Caloundra City Council as set out in Schedule 3 of the Sixth Deed of Variation to the Development Agreement and incorporating any conditions imposed by the Minister pursuant to sections 11(2) (Considering proposed planning scheme for adverse affects on State interests) and 18(4) (Reconsidering proposed planning scheme for adverse affects on State interests) of Schedule 1 of the Integrated Planning Act 1997; or Proposed Temporary Local Planning Instrument No. 1 Affecting the Planning Scheme of the Caloundra City Council as set out in Schedule 4 of the Sixth Deed of Variation to the Development Agreement and incorporating any conditions imposed by the Minister pursuant to section 2(2) (Minister s approval required to proceed) of Schedule 2 of the Integrated Planning Act 1997; or the Town Centre TLPI as defined in the Eleventh Deed of Variation to the Development Agreement; or the Development Control Plan Amendment as defined in the Eleventh Deed of Variation to the Development Agreement. 19 CHANGE OF OWNERSHIP 19.1 If there is one or more changes of ownership of any land in the Developable Areas that has been developed, the Development Obligations that relate to the Development of the land the subject of the change of ownership: attach to the land and are binding on the owner and the owner s successors in title; and are no longer binding on the previous owner and the previous owner s predecessors in title except to the extent provided for in any deed of novation executed in accordance with clause If there is one or more changes of ownership of any land in the Developable Areas that has not been developed, then, notwithstanding that the Development Obligations attach to the land the subject of the change of ownership and bind the owner s successors in title of that land, responsibility for the performance of those Development Obligations will be determined with reference to the provisions of a deed of novation executed in accordance with clause For the purpose of this clause, "developed" land is land to which clause 15 does not apply pursuant to clause

76 70 20 MISCELLANEOUS Notices 20.1 A notice under this Agreement: (c) must be in writing; and may be given by each party or their solicitor, and must be: left at the party s address specified below: Kawana Nicklin Way Cooinda Heights Caloundra Qld 4551 Buddina Nicklin Way Cooinda Heights Caloundra Qld 4551 Council - 1 Omrah Avenue Caloundra Qld 4551 Minister -Ground Floor Centenary Square Building Curry Street Nambour Qld 4560 or (iii) sent by prepaid ordinary post (airmail if posted to, or from, a place outside Australia); or sent by fax to the party s fax number specified below: Kawana - fax number Buddina - fax number Council - fax number Minister - fax number Unless a later time is specified in it, a notice takes effect from the time it is received A letter or fax is deemed to be received: in the case of a posted letter, at 12 noon AEST on the 3rd (7th, if posted to, or from, a place outside Australia) day after posting; and in the case of a fax, on production of a transmission report by the machine from which the fax was sent, which indicates that the fax was sent in its entirety to the fax number of the recipient, provided that if the transmission report confirms the fax was sent after 5.00pm on any day, then that fax is taken to be received at 8.00am Eastern Standard Time on the next business day in the place to which it was sent. Governing law, jurisdiction and service of process

77 This Agreement is governed by the law in force in Queensland Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them. Each party waives any right it has to object to an action being brought in an inconvenient forum, or to claim that those courts do not have jurisdiction Any document in an action (including, without limitation, any writ of summons or other originating process or any third or other party notice) may be served on any party by being delivered to or left for that party at its address for service of notices under clause 20.1 in accordance with any relevant court rules. Costs 20.7 Subject to clause 20.9, each party must bear its own costs of and incidental to the preparation and execution of this Agreement Any stamp duty on this Agreement and any transaction or document contemplated by this Agreement must be paid by Kawana and Buddina Notwithstanding any other clause in this Agreement, Kawana and Buddina must pay the Council s reasonable legal fees associated with the negotiation, preparation and execution of this Agreement (including the negotiation, preparation and finalisation of the Proposed Kawana Waters DCP) up to an amount not exceeding $100, in total within 14 days after demand in writing for payment. The demand shall contain evidence of the legal costs payable. Supervening legislation Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with this Agreement is excluded, except to the extent that its exclusion is prohibited or rendered ineffective by law. Review If the whole or any part of any provision of this Agreement is or becomes void, unenforceable or illegal in the jurisdiction, the parties agree to: (c) where necessary and legal, continue to act as if the remaining provisions of this Agreement are valid and enforceable to the fullest extent permitted by law; and review this Agreement; and negotiate in good faith and amend this Agreement to put the parties in as near as practicable a position as they were in before the whole or any part of any provision of this Agreement became void, unenforceable or illegal in the jurisdiction A If any provision of this Agreement is or becomes void, unenforceable or illegal in the jurisdiction and clause does not apply, then the parties agree that such provision will be severed and the parties will perform this agreement as if such provision had not been included Any review, negotiation and amendment of this Agreement under clause will not extend beyond the whole or any part of any provision of this Agreement which is or becomes void, unenforceable or illegal in a jurisdiction, except to the extent that is not possible and further amendment is agreed to by the parties. The remainder of this Agreement will continue to have full force and effect notwithstanding the necessity for review, negotiation and amendment under clause

78 This Agreement as amended under clause will have full force and effect in all jurisdictions. Waiver A provision of or a right created under this Agreement may not be: waived except in writing signed by the party granting the waiver; or varied except in writing signed by the parties. Further assurances Each party agrees at its cost to do everything reasonably necessary to give effect to this Agreement. Counterparts This Agreement may consist of a number of counterparts and the counterparts taken together constitute one and the same instrument. Time of the essence Time is in all cases of the essence of this Agreement. Goods and Services Tax In this clause 20.18: (iii) expressions which are not defined but which have a defined meaning in GST Law have the same meaning as in the GST Law; and "GST Law" has the meaning given to that expression in A New Tax System (Goods and Services Tax) Act 1999; and "GST Amount" means the amount referred to in clause 20.18(c). (c) (d) (e) (f) Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under this document are exclusive of GST. If GST is payable by a supplier on any supply made under this document, the recipient will pay to the supplier an amount equal to the GST payable on the supply. The GST Amount will be paid by the recipient on the same date the consideration for the supply is to be provided under this document. The recipient is not required to pay the GST Amount until the supplier has provided the recipient with a tax invoice in respect of the taxable supply. If the supplier has not provided the recipient with a tax invoice prior to the time that the GST Amount is otherwise payable under this clause, the recipient must pay the GST Amount within five days of the receipt of the tax invoice. If at any time an adjustment event arises in respect of a taxable supply made by a supplier under this document the supplier will provide the recipient with an adjustment note for the adjustment immediately upon becoming aware of the adjustment. Where such an adjustment event arises, a corresponding adjustment

79 73 will be made to the GST Amount and a payment will be made by the recipient to the supplier or the supplier to the recipient as the case requires. (g) Where a party is required under this document to pay for or reimburse an expense or outgoing of another party, the amount to be paid by the first party is the sum of: the amount of the expense or outgoing less any input tax credits in respect of the expense or outgoing that the other party is entitled to; and if the payment by the first party is consideration for a taxable supply, an amount equal to the GST payable by the other party in respect of the payment. (h) In the event that liability for payment of GST in respect of a supply under this document is imposed upon a representative of a supplier, this clause shall nonetheless apply and any amounts to be calculated pursuant to this clause shall be calculated in all respects as if the supplier was liable for the GST imposed on such supply and entitled to input tax credits properly allocated to the making of that supply. If a security deposit is either forfeited for the failure to perform an obligation or is applied as all or part of the consideration for a supply, the party so dealing with the security deposit shall within seven (7) days of the forfeiture or application issue a valid tax invoice to the party who made the security deposit. 21 STATEMENT OF PRINCIPLES 21.1 The parties acknowledge and agree that:- this Agreement was negotiated on the basis of the principles set out in Schedule 1 but the parties recognised that those principles were not legally enforceable in the absence of express legislative sanction; and should principles 1 to 8 set out in the Schedule or principle 9 set out in schedule 1 become legally enforceable through express legislative sanction, they will negotiate in good faith and amend this Agreement to incorporate principles 1 to 8 or principle 9 as the case may be so as to put the parties in as near as practicable a position as they would have been had the principles been legally enforceable in the absence of express legislative sanction; and (c) in the absence of express legislative sanction and an amendment to this Agreement pursuant to clause 21.1, the principles set out in Schedule 1 are of no force or effect and are not binding on the parties.

80 74 SCHEDULE 1 STATEMENT OF PRINCIPLES 1 Kawana and Buddina will not, unless they have consented, be bound by any subordinate legislation made or amended by the Council that is inconsistent with the Proposed Kawana Waters DCP, the Proposed Other Planning Scheme Amendments, Development Lease No 2 or the Agreement. 2 The Council will ensure that all decisions made under legislation (including subordinate legislation) are consistent with the Proposed Kawana Waters DCP, the Proposed Other Planning Scheme Amendments, Development Lease No 2 and the Agreement. 3 The Council will not, without the consent of Kawana and Buddina and the Minister, amend or replace the Caloundra Town Planning Scheme in a manner that is inconsistent with the Proposed Kawana Waters DCP, the Proposed Other Planning Scheme Amendments, Developments Lease No 2 or this Agreement. 4 The Minister will ensure that all decisions made under Development Lease No 2 are consistent with the Proposed Kawana Waters DCP, the Proposed Other Planning Scheme Amendments, Development Lease No 2 and this Agreement. 5 Kawana and Buddina will not, without the consent of the Council and the Minister, make any application under the Act or the Caloundra Town Planning Scheme that is inconsistent with the Proposed Kawana Waters DCP, the Proposed Other Planning Scheme Amendments, Development Lease No 2 and this Agreement. 6 Kawana will not make application to the Minister to amend Development Lease No 2 without the agreement of the Council in a manner that is inconsistent with the Development Documents. 7 The Minister will not without the agreement of the Council, amend Development Lease No 2 in a manner that is inconsistent with the Development Documents. 8 The parties must give adequate notice to each other of any intention to act contrary to these principles. 9 The Council will not compulsorily acquire more than 2 hectares of the Developable Areas without the consent of Kawana and Buddina.

81 75 THE CORPORATE SEAL of THE COUNCIL OF THE CITY OF CALOUNDRA was affixed in the presence of: ) ) )..... Signature of authorised person CHIEF EXECUTIVE OFFICER Office held JOHN RAYMOND SMITH Name of authorised person (block letters)..... Signature of authorised person MAYOR Office held DESMOND JAMES DWYER Name of authorised person (block letters) HOWARD HOBBS MINISTER FOR NATURAL RESOURCES in the presence of:..... Signature of witness LOREN LEADER Name of witness (block letters) Corner of Main & Vulture Streets, Woolloongabba Address of witness REGISTRAR OF TITLES Occupation of witness ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ).. Signature of HOWARD HOBBS

82 76 THE COMMON SEAL of KAWANA ESTATES PTY LTD ACN was affixed in accordance with its articles of association in the presence of:..... Signature of authorised person COMPANY SECRETARY Office held PAUL A MARQUENIE Name of authorised person (block letters) ) ) ) ) )..... Signature of authorised person DIRECTOR Office held BRUCE W BAUDINET Name of authorised person (block letters) THE COMMON SEAL of BUDDINA ESTATES PTY LTD ACN was affixed in accordance with its articles of association in the presence of:..... Signature of authorised person COMPANY SECRETARY Office held PAUL A MARQUENIE Name of authorised person (block letters) ) ) ) )..... Signature of authorised person DIRECTOR Office held BRUCE W BAUDINET Name of authorised person (block letters)

83 ANNEXURE 1 DEVELOPABLE AREAS

84

85 ANNEXURE 2 FREEHOLD LAND

86 FREEHOLD LAND COMMON REFERENCE REGISTERED PROPRIETOR PROPERTY DESCRIPTION COUNTY TOWN VOLUME FOLIO TITLE REFERENCE AREA MINYAMA COMMERCIAL BUDDINA ESTATES PTY LTD LOT 12 ON PLAN M CANNING MINYAMA ,576 BUDDINA ESTATES PTY LTD LOT 13 ON PLAN M CANNING MINYAMA ,490 BUDDINA ESTATES PTY LTD LOT 14 ON PLAN M CANNING MINYAMA ,520 BUDDINA ESTATES PTY LTD LOT 15 ON PLAN M CANNING MINYAMA ,510 MINYAMA RIVERFRONT BUDDINA ESTATES PTY LTD LOT 700 ON R P No CANNING MINYAMA KAWANA INDUSTRIAL, BUDDINA ESTATES PTY LTD LOT 600 ON R P No CANNING BOKARINA ,487 BUDDINA ESTATES PTY LTD LOT 4 ON R P No CANNING BRIBIE ,670 BUDDINA ESTATES PTY LTD LOT 3 ON R P No CANNING BRIBIE ,488 PERRINS LANDHOLDING BUDDINA ESTATES PTY LTD LOTS 7&8 ON PLAN C3125 & CANNING BRIBIE ,724,347 LOTS 14&55 ON PLAN CG3241 MINYAMA COMMERCIAL KAWANA ESTATES PTY LTD LOT 8 ON PLAN CG CANNING MINYAMA ,331 KAWANA ESTATES PTY LTD LOT 10 ON PLAN M CANNING MINYAMA ,564 KAWANA ESTATES PTY LTD LOT 11 ON PLAN M CANNING MINYAMA ,599 MINYAMA RIVERFRONT KAWANA ESTATES PTY LTD LOT 698 ON PLAN No CANNING MINYAMA REGATTA PARK KAWANA ESTATES PTY LTD LOT 19 ON PLAN W9323 CANNING BRIBIE KAWANA ESTATES PTY LTD LOT 21 ON PLAN W9323 CANNING BRIBIE KAWANA ESTATES PTY LTD LOT 22 ON PLAN W9323 CANNING BRIBIE KAWANA ESTATES PTY LTD LOT 23 ON PLAN W9323 CANNING BRIBIE NICKLIN WAY KAWANA ESTATES PTY LTD LOT 222 ON PLAN CG CANNING BRIBIE ,955 BATTERY HILL SITE KAWANA ESTATES PTY LTD LOT 6 ON R P No CANNING BRIBIE ,640 KA WA NA WATERS DF/VELOPMENT A GREEMENT ANNEXURE 2 Freehold Land

87 ANNEXURE 3 PROPOSED KAWANA WATERS DCP

88 ~. NN~X UI-~.E ~3 Proposed Ka Way a Waters D. C. P

89 DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS Gazetted -

90 Caloundra City Council Planning Scheme DCP 1 - KAWANA WATERS TABLE OF CONTENTS 1. INTRODUCTION 2. INTERPRETATION AND DEFINITIONS 3. LAND USE ELEMENTS 4. LAND USE ELEMENTS - INTENT AND IMPLEMENTATION CRITERIA 5. CIRCULATION NETWORK - INTENT AND IMPLEMENTATION CRITERIA 6. MISCELLANEOUS/ PROVISIONS APPLYING THROUGHOUT THE DCP AREA 7. MASTER PLANNED COMMUNITY DEVELOPMENT PROCESS DCP 1 KAWANA WATERS 1

91 Caloundra City Council Planning Scheme 1.0 INTRODUCTION 1.1' The DCP Area The DCP Area is generally bounded by the Mooloolah River and the Pacific Ocean in the locality of Kawana Waters and Currimundi as shown on DCP Map The intent of DCP The provisions of the DCP are intended to:- guide the nature and extent of future Development in the DCP Area in a manner that is consistent with the objectives and general implementation provisions of the Strategic Plan; and control the planning, Subdivision and Development of the DPA's and areas designated Urban under the DCP through the Master Planned Community Development Process set out in Section 7 of the DCP; and (c) be considered in the assessment ~of applications for a decision in respect of:- 1.3 Structure of DCP Subdivision; and Development; and (iii) Building works; and (iv) a Master Plan in accordance with the Master Planned Community Development Process in Section 7 of the DCP. The DCP consists of three parts:- Part A - A written document which:- identifies preferred land uses throughout the DCP Area (Section 3); and provides detailed statements of intent for each land use element and the means of implementation through which those intents will be achieved (Section 4); and (c) provides more detailed planning guidelines for DPA's (Section 4); and (d) identifies the major components of an integrated circulation network throughout the DCP Area and the means by which the overall network will be implemented (Section 5); and (e) identifies general Development requirements which are to apply throughout the DCP Area (Section 6); and (~ specifies the Master Planned Community Development Process by which the DPA's and areas DCP 1 KAWANA WATERS 1

92 Caloundra City Council Planning Scheme designated Urban under the DCP are to be planned, Subdivided and Developed (Section 7); and Part B -Maps being:- DCP 1 Map 1 -which identifies the preferred land use; and DCP 1 Map 2 -which identifies the preferred open space and circulation network and the preferred location of community facilities; and (c) DCP 1 Map 3 -which identifies the DPA's; and (d) DCP 1 Map 4 -which identifies population thresholds. Part C - Planning Study which sets out the basis for the written document and the maps. 2.0 INTERPRETATION AND DEFINITIONS 2.1 Relationship with Planning Scheme The provisions contained in the DCP are additional to those contained in the remainder of the Planning Scheme and as such are to be read in conjunction with the other Planning Scheme documents To the extent that there is any inconsistency between the DCP and the remainder of the Planning Scheme, the DCP shall prevail. 2.2 Construction Unless the context otherwise indicates or requires:- the terms defined in section 2.3 have the meanings respectfully assigned to them; and any term used in the DCP which is not defined in section 2.3 but is defined in the Act, or the Planning Scheme, shall have the meaning assigned to it by the Act, or the Planning Scheme for the purposes of the DCP; and (c) words importing:- the singular include the plural and vice versa; and any gender includes the other gender; and (d) if a word or phrase is defined, cognate words and phrases have corresponding definitions. 2.3 Definitions "Appointed Day" means the day upon which the Order in Council notifying that the Governor in Council has approved the DCP as published in the Government Gazette. DCP 1 KAWANA WATERS 2

93 Caloundra City Council Planning Scheme "Conditional Permitted Development" means Development for a purpose specified in column 4 of the applicable Table of Development. "Council" means the Council of the City of Caloundra and includes its successors and permitted assigns. "DCP" means the Kawana Waters Development Control Plan. "DCP Area" means the area to which the DCP applies. "Detailed Planiung Area Plan" means a plan prepared pursuant to section "Development" means the:- Use of Premises; or erection of Buildings or Structures. "Development Agreement" means the Development Agreement between the Council, the Master Developer and the Minister dated [insert date] which is intended to constitute an infrastructure agreement under Part 6 of the Act. "Development Criteria" means the parameters, performance standards or requirements that control the general or particular standard of Development as set out in the DCP, the Planning Scheme or a Master Plan. "Development Documents" means:- (c} (d) Development Lease No 2; and this DCP and the Planning Scheme; and the Transport Infrastructure Agreement; and the Development Agreement. "Development Lease No 2" has the meaning ascribed to it in the Development Agreement and includes the Development Lease No 2 Amendments and Development Lease Extension as defined in the Development Agreement. "Development Lines" has the meaning ascribed to it in the Development Agreement. "DPA" means the Detailed Planning Areas shown on DCP 1 -Map 3 that require more detailed planning. "Existing Use" means Development which lawfully existed at the Appointed Day. "Freehold Land" means the land which was freehold at the Appointed Day. "Freeholded Lease Land" means land comprised in Development Lease No 2 within the DCP area which is freeholded after the Appointed Day. DCP 1 KAWANA WATERS 3

94 Caloundra City Council Planning Scheme "Kawana Waters Community Development Area" means that part of the DCP Area designated Urban or DPA on DCP 1 -Maps 1 and 3. "Master Developer" means Kawana Estates Pty Ltd (ACN ) and Buddina Estates Pty Ltd (ACN ) which are parties to the Development Agreement and includes their successors, substitutes (including but not limited to persons taking by a novation) and permitted assigns. "Master Plan" means any of the following plans:- Structure Plan; and Neighbourhood/Village Plan; and (c) Detailed Planning Area Plan; and (d) Precinct/Estate Plan; and (e) Site Development Plan. "Master Planned Community Development Process" means the integrated approach to the planning, Subdivision and Development of part of the DCP Area set out in section 7 of the DCP. "Minister" means the Minister for Natural Resources. "Neighbourhood/Village Plaa" means a plan prepared pursuant to section "Permitted Development" means a Development for a purpose specified in column 3 of the applicable Table of Development. "Permissible Development" means a Development for a purpose specified in column 5 of the applicable Table of Development. "Planning Scheme" means the Planning Scheme of the City of Caloundra gazetted on [insert date]. "Planning Study" means the planning study prepared under the Act in respect of the Kawana Waters Development Control Plan. "Precinct/Estate Plan" means a plan prepared pursuant to section "Prescribed Fee" means the fee prescribed by the Council unless otherwise set out in the Development Agreement. "Prescribed Focm" means the form prescribed by the Council. "Prohibited Development" means Development for a purpose specified in column b of the applicable Table of Development. "Site Development Plan" means a plan prepared pursuant to section "Site Development Plan Design Parameters" means the site design parameters specified in a Neighbourhood/Village Plan or Detailed Planning Area Plan to control Development the subject of a Site Development Plan. DCP 1 KAWANA WATERS 4

95 Caloundra City Council Planning Scheme "Structure" has the meaning ascribed to it in the Act. "Structure Plan" means a plan prepared pursuant to section "Subdivision" has the meaning ascribed to it in the Act and in addition includes the division of Premises in accordance with Building Units and Group Titles Act 1980, the Mixed Use Development Act 1993 and any other statute which provides for the division of Premises. "Supplementary Table of Development" means the table of development specified in a Site Development Plan that complies with the principles in Table "Table of Development" means the table of development applicable to the relevant zone as specified in the Planning Scheme. "Transport Infrastructure Agreement" has the meaning ascribed to it in the Development Agreement. "Urban Design Perf'ormaace Criteria" means the urban design performance criteria and acceptable solutions which are specified in:- a Neighbourhood/Village Plan to control Development within aprecinct/estate plan; and (b} a Detailed Planning Area Plan to control Development in a Site Development Plan. "Use" means those purposes described in columns 3, 4, 5 or 6 of the Table of Development. 3.0 LAND USE ELEMENTS The DCP indicates preferred land uses and major elements of the circulation network within the DCP Area. The preferred land use elements of the DCP are identified in DCP-1 Maps 1-4 and described below. 3.1 Preferred Land Use Elements The Strategic Plan designates the preferred dominant land use for land within the DCP Area as Urban. 3.2 Residential Elements Low Density Residential This designation provides for low density residential Development of the nature normally accommodated through the Residential A zone. The designation applies to those areas of existing low density residential Development where there is little, if any, potential for redevelopment. Non-residential uses which are normally associated with and are compatible with (but are subsidiary to) residential uses may be permitted to establish in these areas. Examples of appropriate nonresidential uses include recreation and community facilities and local shops intended to meet the dayto-day needs of the surrounding population. DCP 1 KAWANA WATERS 5

96 Caloundra City Council Planning Scheme Urban This designation applies over the major portion of the undeveloped areas of the DCP Area and is intended to accommodate a variety of housing forms and compatible non-residential uses comprehensively planned and Developed to provide an integrated urban fabric which caters for a variety of urban lifestyle choices. The detailed planning, Subdivision and Development of these areas will be undertaken in accordance with the Master Planned Community Development Process as set out in Section 7 of the DCP Medium Density Residential This designation provides for medium density multiple dwelling Development in the form of townhouses or walk-up apartments up to 3 storeys in height. This form of Development would normally be accessible from higher order roads and located in the vicinity of major commercial or tourist activities. Non-residential uses which are normally associated with and are compatible with (but are subsidiary to) residential uses may be permitted to establish in these areas. Examples of appropriate nonresidential uses include recreation and community facilities and local shops intended to meet the dayto-day needs of the surrounding population Tourist/Residential This designation provides for high density multiple dwelling Development, generally limited to 4 storeys in height, which would normally be utilised extensively for tourist accommodation. In certain areas designated in the DCP, Development above 4 storeys in height may be considered by Council. In addition to the ancillary non-residential uses acceptable in the Medium Density Residential designation, these areas may also include tourist uses (e.g. shops and restaurants) which are compatible with the nature of the adjoining residential areas. 3.3 Open Space Elements Open Space - Recreation This designation covers major active and passive open space areas providing recreational opportunities for residents and visitors to the area. The designation incorporates all levels of open space provision from those meeting regional requirements to local parks Open Space - Conservation This designation covers areas of environmental significance and/or scenic value which should be preserved in their natural state. Controlled public access and appropriate management is considered desirable in these areas. 3.4 Business Elements Town Centre This designation provides for the Development of a residential, business, cultural, government, community and employment focus (including both retail commercial, and industry uses) to serve the sub-regional population catchment. DCP 1 KAWANA WATERS 6

97 Caloundra City Council Planning Scheme Regional Retail Centre This designation provides for higher order retailing and other commercial activities, entertainment, community and recreational facilities to serve a regional population catchment in excess of 50,000 persons District Retail Centre This designation provides for a centre to serve several neighbourhoods with a total population of up to 35,000 persons with retail, office, entertainment, community and recreational facilities Village Centre This designation provides for centres that provide a limited range of retailing services to serve a population of up to 10,000 persons indiscrete neighbourhoods. Such Village Centres would normally be about S,000m2 site area. Village Centres are intended to provide a focal point for the community by integrating the neighbourhood commercial facilities, with a range of community facilities and the Village Park System Neighbourhood Centre This designation covers small existing or approved local shopping centres Highway Commercial This designation covers a range of commercial uses such as retail showrooms, car sales yards, service station, take-away food premises and the like which locate on major arterial roads to maximise exposure to passing traffic Employment Area This designation covers land considered suitable for a range of employment generation activities. A variety of industrial and related (such as warehouse and showroom) uses may establish in this area subject to the provisions of the DCP and the Planning Scheme, provided however that noxious, offensive or hazardous industries are not permitted in the DCP Area Service Station This designation indicates the existing and future preferred locations for this use. Other Service Station locations may be proposed but in accordance with the Master Planned Community Development Process as set out in Part 7 of the DCP. 3.5 Community Facilities Elements This designation represents the major community facilities and includes the following existing and proposed uses:- Schools; Churches; and (c) Major Public Utility Installations. _. DCP 1 KAWANA WATERS 7

98 Caloundra City Council Planning Scheme 3.6 Tourism Development This designation indicates areas intended to be Developed as focal points for tourist activities providing a range of services including accommodation, entertainment, recreation or similar facilities for use mainly by visitors holidaying in or passing through the area. 3.7 Water Pollution Control Plant (WPCP) Buffer Area The WCPC is indicated on DCP-1 Map 1 as a public utility with a "U" symbol. A separation distance of 800 metres is required from the current inlet structure to any residential or other uses which require people to remain on the site for extended periods of time. Uses of an industrial or recreational nature are permitted within this buffer area. 3.8 Detailed Planning Areas (DPA's) This designation covers a number of significant areas which by virtue of their location, site or other attributes warrant more detailed planning consideration. There are 10 DPA's identified on DCP 1 Map 1 and DCP 1 Map 3 as DPA's The detailed planning and Development of these areas is to be undertaken in accordance with the Master Planned Community Development Process and associated planning and design guidelines set out in the DCP. 3.9 Circulation Network Elements Arterial Roads This designation identifies existing and proposed arterial roads which serve regional function and pass through the DCP Area. The designation is limited to the existing Nicklin Way and the proposed Multi Modal Transportation Corridor, which as well as linking Caloundra Road and the Sunshine Motorway by way of an arterial road provides for a Public Transport Corridor Sub-Arterial Roads This designation identifies existing and proposed sub-arterial roads which serve asub-regional or local function. Sub-arterial roads link to arterial roads and provide access from them into the DCP Area Collector Roads Trunk Collector Roads and Major Collector Roads link to sub-arterial roads and are the main traffic routes into and through areas of residential and other forms of Development Collector Streets This symbol identifies the location of streets which are intended to provide for local access and local traffic movement Bikeways/Pedestrian Links This designation indicates the major pedestrian and bikeway linkages which are intended to be incorporated in the planning and Development of an area. DCP 1 KAWANA WATERS g

99 a_ Caloundra City Council Planning Scheme 4.0 LAND USE ELEMENTS - INTENT AND IMPLEMENTATION CRITERIA 4.1 Low Density Residential 4.1.I Intent This preferred land use designation identifies areas which are already extensively Developed with detached dwellings on conventional lots and which have limited redevelopment potential. Ancillary uses such as local stores and minor recreation and community facilities may be allowed in this area with the approval of the Council Implementation These areas will be retained predominantly in the Residential A zone. 4.2 Medium Density Residential Intent The intent of this designation is to identify those localities where medium density residential use up to 3 storeys in height is the preferred form of Development. Residential Development densities are expected to be in the range of dwelling units per site hectare. Uses which are ancillary to the predominant residential use and are considered by the Council to be compatible with existing and likely land use in the vicinity may also be considered in this designation Implementation (a} The Council is likely to favourably consider Development applications for medium density residential use which complies with the above intent subject to the provision of normal urban infrastructure in accordance with the Council's Development standards. These applications will normally involve use of the Residential C zone. However, the Council will also consider use of the Special Residential zone to facilitate integrated residential Developments incorporating a mix of dwelling unit types provided the Development complies with the general intent of this designation. In the Regatta Park area all medium density Development along the Nicklin Way is to comply with the following:- an access driveway shall be permitted on the Regatta Drive frontage to each site, located as far as practical from the Nicklin Way road alignment; and an access driveway shall also be permitted on the Nicklin Way frontage to each large Development allotment, located not less that 40 metres from the intersection of the real property alignment to minimise potential for traffic conflict between site egress/access and merging traffic at the intersection; and (iii) mounding and vegetation buffers are required along the Nicklin Way frontage; and (iv) the Council will give favourable consideration to locating a single local store in Regatta Boulevard next to the bikeway. DCP 1 KAWANA WATERS 9

100 Caloundra City Council Planning Scheme 4.3 Tourist/Residential Intent The intent of this designation is to identify those areas where high density residential use suitable for tourist accommodation purposes is the preferred form of Development. These areas are located in proximity to natural or man-made attractions (such as beaches, lakes, canals or tourist activity nodes). The maximum height of Development is generally limited to 4 storeys, although the DCP identifies exceptions to this at Point Cartwright to ensure consistency with existing Development in this locality, and in DPA 2. Ancillary uses such as small scale tourist facilities, restaurants, cafes and take-away food shops will also be favourably considered by the Council Implementation The Council is likely to favourably consider Development applications for Tourist Residential Development in the areas designated on the DCP 1 Map 1. The appropriate zone for Development of this nature is the Tourist Residential zone. Development in the Tourist/Residential designated areas will generally be limited to a maximum height of 4 storeys. The only exceptions to this are in the High Density Residential designated area at Point Cartwright in which the maximum building height limit is 12 storeys, 3 and such height limits as may be specified in a Master Plan for a particular DPA. 4.4 Urban _ Intent '~' The intent of this designation is to identify those large undeveloped areas within the DCP area which are intended to be Developed predominantly for residential purposes. These areas are intended to provide a variety of housing forms ranging from detached housing at traditional densities to medium density housing up to $storeys in height in strategic locations identified through the Master Planned Community Development Process. The designated areas are intended to be comprehensively planned ~~' and designed to result in an integrated residential community incorporating compatible non-residential ~< uses to meet the needs of the community Implementation The detailed planning, Subdivision and Development of these areas will be undertaken in accordance with the Master Planned Community Development Process set out in Part 7 of the,~.~ DCP. Development will not be permitted unless it is in accordance with the Master Plans required by this DCP. ~~ A particular area has an Urban designation but has special characteristics namely the area referred to as Perrins Highland. The Perrins Highland area has been particularly identified and is addressed in (k) as Detailed Planning Area 10. i ~~ DCP 1 KAWANA WATERS 10

101 .~ Caloundra City Council Planning Scheme The planning and design of the Urban designated areas shall comply with the following ob~ectrves and guidelines:- t~ Provision of a variety of housing forms and densities integrated throughout the residential areas to meet the changing needs for more diverse residential accommodation choices, and to assist in making more efficient use of finite land fi~~ resources and urban infrastructure. Residential Development will be predominantly of one and two storeys with three and # ~ four storey forms acceptable in appropriate locations to provide scale and variation and enhance residential amenit and choice. Y ~~~ (iii) Mid-rise residential Development up to 8 storeys will be acceptable in strategic _; locations as identified through the Master Planned Community Development process to achieve diversity to the landscape. (iv) Uses which are ancillary to the predominant residential uses and intended to serve the needs of the community at the regional, district, village, neighbourhood, precinct or estate level, are intended to be permitted in this designation where they are in accordance with the provisions of the appropriate Master Plan and designed to ensure their compatibility with nearby residential development. A i (v) A Village Centre is intended to be provided as the focal point for the Urban communities at Parrearra and Birtinya. Due to the lower population, however and necessarily linear nature of Parrearra this centre will fall between a Village Centre and a Neighbourhood Centre in scale and function. Neighbourhood Centres offering limited commercial and community facilities, subject to population catchment size, are intended to be Developed in the localities referred to as Perrins Highland and Currimundi North. These Centres will integrate neighbourhood commercial and community facilities and be highly accessible to the surrounding residential area for pedestrians and cyclists as well as vehicles. (vi} A Town Centre is intended to be provided as a focal point for the neighbourhood/ village urban communities that comprise the Kawana and supporting catchments. This Town Centre is proposed to take advantage of the major road and possible public transport access provisions and would be located in the urban community of Birtinya. :~ (vii) The public recreation lake will accommodate a variety of water related activities including a substantial part of a 2km long rowing course. To its edge within the Urban designation appropriately located uses would occur that not only integrate with the urban uses proposed under the Master Planning Community Development Process referred to in Part 7 of the DCP but also the focal nature of the public recreation lake. Development of areas for urban activities adjacent to the public recreation lake are to accommodate a continuous public access promenade. However, in some locations, such promenade may not directly abut the lake edge but, in those limited circumstances, the pedestrian and cyclist corridor will be designed to maintain a continuous link around the public recreation lake...i 'J DCP 1 KAWANA WATERS 11

102 Caloundra City Council Planning Scheme 4.5 Open Space - Recreation Intent Along the western edge of the public recreation lake it may be appropriate to Develop a hard edge treatment (in contrast to the soft edge treatment proposed in DPA1) to enhance the experience at focal nodes and complement the adjoining land uses. This designation is intended to identify land required to satisfy the recreational and open space needs of the local community and visitors to the area. The Open Space Recreation areas are intended to form P art of a linked, hierarchical o P en s P ace network P rovidin g for a ran ge of activities and uses including:- public access to Community Facilities and other areas of "public" attraction or activity; ~.: recreational opportunities, both land and water based, matching the needs of existing and ' - ~~~- future residents and visitors; ~ ~ (c) visual amenity and promotion of a "sense of place" and different character throughout the DCP Area; and (d) environmental protection and landscape amenity improvement Implementation DCP 1 Map 2 identifies the preferred network of higher-order Open Space Recreation areas L in the large undeveloped portions of the DCP Area. This network is integrated with the existing open space facilities in other parts of the DCP Area. t-~ The Council will ensure that Open Space Recreation is provided generally in conformance with this preferred network and in accordance with the open space planning and design criteria set out below and as summarised in Table 4.5 and the more detailed planning and ~_ t design criteria set out in the Community Recreational &Open Space Model included in the DCP as Appendix 1. ~ ~ ~ "~ Open Space Recreation provision will be assessed in accordance with the following general performance criteria:- Wherever possible Open Space Recreation should be provided in such a fashion as to maximise its visibility to the community it services, and be recognised as open space offering access to recreational opportunities for both the resident and visiting population. Open Space Recreation must be convenient to its intended users, both in terms of ease of access and in meeting the user's recreational and amenity needs. (iii) Wherever possible the larger areas of Open Space Recreation should be planned and designed for multi-functional usage, affording a range of recreational opportunities ~ to cater for a wider user population, and provide flexibility to meet changes in future usage. :~ J ~ DCP 1 KAWANA WATERS 12 4 ~

103 Caloundra City Council Planning Scheme (iv} (v) Open Space Recreation should be used as a protective buffer to environmental conservation areas, or as a buffer between incompatible land uses provided it satisfies the performance criteria related to its recreational function. Recognition of the significance of the waterways in providing recreational opportunities, particularly the proposed northern Birtinya waterway, on the basis that public use of such areas are maximised through the provision of visible and accessible areas and facilities for public access. In this context it is further recognised that to satisfy the residential amenity intent public access to the Birtinya Lake system should be limited to a public recreation lake component of that lake system. Consequently it is therefore recognised that the other elements of the Birtinya Lake system would be principally accessible to Village residents only rather than the general public and in some cases this may be further restricted to the neighbourhood or property resident only. (vi} (vii} Recognition of the significance of privately provided and operated recreation facilities, where such are available for use by residents of the community in meeting part of the recreational and Open Space needs of the community. Subdivision design adjacent to the esplanades in Parrearra North (to the River) and Birtinya South (to the North Arm of Currimundi Creek) shall provide for 50 % street frontage to these esplanades. However the Council may give favourable consideration to an alternative design providing for a lesser proportion of street frontage where the design is better and meets the other criteria in this section. DCP 1 KAWANA WATERS 13

104 Caloundra City Council Planning Scheme TABLE 4.5: OPEN SPACE (RECREATIOI~ - SL;rNiNiARY REQUIREMENTS FUNCTION CATCHIViENT MINIMUM COMMENT TOTAL AREA REQUIREMENT Linear Park N.A. These parks link or ll.11ha To be principally located:- connect focal parkland areas along the Development Lines but outside of the area to be Developed; along the edges of and through the flood storage area (approx 4.Oha); along the edges of the active recreation lake at Regatta North (approx 6.Olha). Provide separation of two types - public recreation lake access (3.76ha) - community/neighbourhood access (2.25ha) 1 per Neighbourhood Area, or when a Neighbourhood is upgraded to a Village, a Village Park in preference to a Neighbourhood Park These parks can be provided outside the Development Lines provided all other performance and design criteria can be met. Focus Area Focus area for DCP Area 5.6ha Public access land in DPA 2 at Bokarina to provide a focal point and beach access Refer (c) for details District Normally 1 per 12.Oha Provision for expansion of the Kawana Sports Complex to the west to accommodate Park/Regional Park district but dependant upon a range of district and regional level community and recreational facilities. the characteristics of area Assumes land of equal area and zoning can be obtained in exchange along the present eastern boundary of the flood plain. * Exclusive of areas set aside for environmental and conservation purposes adjacent to natural waterways,and non-integrated bikeways and pedestrian routes. DCP 1 - KAWANA WATERS

105 Caloundra City Council Planning Scheme 4.6 Open Space - Conservation Intent The intent of this designation is to identify those portions of the DCP Area which are considered to have significant environmental value and which should be retained in their natural state as part of a linked network of natural Open Space Conservation Implementation DCP 1 Map 1 identifies the areas which fall under this designation and which the Council intends to protect through the Development control process. This designation includes frontal dune areas, Crummunda Environmental Park, creek, lake and river esplanades and areas of vegetation with high conservation value in the Mooloolah River floodplain and between the north and south arms of Currimundi Creek. In particular the Council wishes to ensure that a major natural open space link is maintained between the Mooloolah River and the C~rrimundi Creek and lake system. In respect of the preparation of the Master Plans for DPA 4 provision is to be made for an esplanade along the full frontage of the Mooloolah River for a minimum width of 30m and to extend in width up to the existing tree line as identified in the Master Plans for DPA 4 provided however that dual fairways and additional clearing are to be accommodated. Most of the areas identified in the DCP as being of environmental significance are under the ownership or control of the Master Developer. (c) The limit of Development Lines for the new development areas have been determined for areas adjacent to natural waterways and reflected in the zoning maps for the respective areas. These include conservation areas (including esplanades) as shown on DCP 1 Map 1 and Linear Park provision. Progressively through the Master Planned Community Development Process these areas will become part of the public open space system. (d) In addition to the areas of high conservation value designated as Open Space - Conservation in the DCP, the Mooloolah River floodplain contains additional areas of melaleuca quinquenervia wetlands and heathlands of some conservation value, together with extensive cleared areas formerly used for farming purposes. The floodplain is also significant for flood storage purposes. However portions of the floodplain may be suitable for low impact nature based recreational activities which are compatible with its flood storage function and with the preservation of areas of high conservation value. In particular the Council is keen to ensure that convenient access is provided to the "borrow pit" lake area which has particular recreation potential. Accordingly, Council would be unlikely to favourably consider any application for Development in the floodplain which might result in any diminution of flood storage capacity or adverse impact on the nature conservation values of the area eg. vegetation clearance. Any Development and Subdivision applications over this area must be accompanied by appropriate environmental and engineering studies. DCP 1 KAWANA WATERS 15

106 Caloundra City Council Planning Scheme 4.7 Town Centre Intent The intent of this designation is to identify the area (by symbol) where the consolidation of land uses are designed to complement a community identity and focus and strengthen the employment opportunities for the region Implementation The Town Centre is expected to be comprehensively planned through the Master Planned Community Development process set out in Part 7 of the DCP. The planning of this area is to provide for the planning characteristics of mixed use Development or consolidation of land uses including residential, retail, commercial, cultural, government, community and industry and the complementary provision of higher order transportation. The planning for this area however will be required to comply with the principles outlined in the Regional Framework for Growth Management where Maroochydore is identified as the Key Regional Centre for the Sunshine Coast. 4.8 Regional Retail Ceatre Intent The intent of this designation is to identify the area where higher order retail, office, entertainment, recreational and supporting activities which serve a regional catchment are expected to locate Implementation (c) The Council is likely to favourably consider applications for commercial Development in the area designated Regional Retail Centre on DCP 1 Map 1. The Council is unlikely to favourably consider applications which would result in an expansion of the Regional Retail Centre beyond the areas designated on DCP 1 Map 1. On land with water frontage, the Council will encourage waterfront related activities such as commercial activities which provide a "Fisherman's Wharf" type amenity, or other forms of Development compatible with the intent for the designation which preserve public access adjacent to the waterway and maincain public views to the waterway particularly from the Nicklin Way. 4.9 District Retail Centre Intent The intent of this designation is to identify an area suitable for the Development for a commercial centre providing neighbourhood to district catchment level retail, office, entertainment, community, recreational and other ancillary facilities. DCP 1 KAWANA WATERS 16

107 Caloundra City Council Planning Scheme Implementation This area is included in DPA 5 and provisions relating to the District Retail Centre are contained in Section 4.16 of this DCP Village Centres Intent The intent of this designation is to identify existing Village Centres and appropriate locations for future Village Centres which are intended to provide a limited range of retailing services at the neighbourhood catchment level of up to 10,000 persons Implementation The preferred locations for additional Village Centres within the DCP Area are indicated diagrammatically on DCP 1 Map 1. A site proposed for Development as a Village Centre should satisfy the following locational criteria:- the site should have its primary frontage to a collector road; and the site should be directly accessible from the pedestrian/bikeway network; and (iii) the Development will not have any undue adverse impacts on existing or likely future surrounding land uses. (c) Village Centres are expected to be comprehensively planned through the Master Planned Community Development Process set out in Section 7 of the DCP. The planning of the Village Centres is to provide for an appropriate range of Community Facilities including a neighbourhood house, community hall, child care centre, and Village Park system to form a comprehensively planned Village Centre. The Council will work with the developer to identify and co-ordinate the detailed requirements for the Community Facilities Highway Commercial Intent The intent of this designation is to identify those areas where highway commercial uses may establish. This designation is intended to accommodate a range of commercial uses such as retail showrooms, car sales yards, take-away food premises and the like which prefer the exposure and direct access provided by an arterial and sub-arterial road frontage. The Council wishes to ensure that this form of Development is restricted to discrete areas rather than extensive areas of "strip" Development along the major roads, and that the form of Development ensures a high level of visual amenity and minimal impact on traffic flows along these major roads. DCP 1 KAWANA WATERS 17

108 Caloundra City Council Planning Scheme Implementation The Council is likely to favourably consider applications for commercial Development in the areas identified as Highway Commercial on DCP 1 Map 1 subject to compliance with the provisions of the Planning Scheme. The appropriate zone to accommodate the preferred forms of Development is the Special Business zone. The Council will not support applications for commercial Development on sites with frontage to an arterial or sub-arterial road outside the areas designated Highway Commercial on DCP 1 Map Employment Area Intent The intent of this designation is to identify those areas where employment generating activities especially service, light and general industries, warehouses and other compatible uses will be encouraged to establish within the DCP Area. Industrial activities are encouraged to locate in the expanded and consolidated area based on the existing Kawana Industrial Estate as indicated on DCP 1 Map 1. Intensive, noxious, offensive or hazardous industries or similar uses will not be permitted within the DCP Area Implementation The Council is likely to favourably consider Development applications for light industry, service industry and warehouse, uses in the area between Production Avenue and the Parrearra Channel to act as a buffer between the general industrial uses and the waterway. In that part of the Employment Area north of Waterview Street, the Council is unlikely to favourably consider applications for uses other than showrooms or offices or the like. In that part of the Employment Area contained within the sewerage odour control buffer to the south of Main Drive and east of the proposed Multi Modal Transportation Corridor an area of approximately 13.5 hectares has been identified as having particular characteristics for a business and technology park and is identified as DPA 9 addressed in (b} The Council is likely to favourably consider applications for industrial Development (other than intensive, noxious, offensive or hazardous industrial uses) within the remainder of the designated area. (c) The Council will require the developer to install oil and silt arresters on stormwater drainage outlets at the time of Development to ensure there is no pollutant runoff to adjacent waterways. (d) The Council will ensure a high level of amenity and traffic safety and efficiency along Main Drive and the Nicklin Way by limiting direct access to those roads. Wherever possible Development proposals will be required to obtain access from secondary roads. The Council will also endeavour to limit the number of intersections of access roads into the Employment Area with Main Drive to minimise conflict points due to vehicle turning movements along Main Drive. Direct access to Main Drive will not be encouraged and the Council may require the provision of an access restriction strip at the Subdivision application stage. DCP 1 KAWANA WATERS 18

109 Caloundra City Council Planning Scheme (e) Building setback areas adjacent to the Parrearra Channel shall be landscaped to the satisfaction of the Council so as to present an attractive aspect to the waterway Service Stations Intent These designations indicate the preferred locations for service stations throughout the DCP Area Implementation The Council is likely to favourably consider applications for service station purposes in these locations subject to the requirements of the Planning Scheme. The Council will not support any applications for services station purposes in the Highway Commercial designated areas other than in those locations indicated by symbol on the DCP 1 Maps. The Council is likely to favourably consider an application for a service station where it is proposed that a service station be integrated with a Village Centre or higher order commercial centre as part of the Master Planned Community Development Process. DPA 6 contains a site for a service station, and provisions relating to the Development of this site are contained in section Community Facilities Intent DCP 1 Map 2 indicates by various symbols the preferred location of additional community facilities which are expected to be required to meet the demands of the growing community as Development proceeds. The proposed facilities have been indicated to ensure that their future provision is taken into consideration during the detailed planning and Subdivision of future Development areas. Community Facilities should be so located as to optimise their efficiency and benefit to the public Implementation The proponent of any application to Develop an area which contains, or is adjacent to, the location for a Community Facility as indicated on DCP 1 Map 2 shall be required to liaise with the appropriate provider agency and the Council to ensure that their detailed site and locational criteria are met. In considering any particular planning or Subdivision application, the Council may, at its discretion, require the applicant to provide an overall conceptual layout plan of a broader area indicating the proposed locations of any required Community Facilities and the proposed linkages from the area of the subject application to the proposed Community Facilities. (c) In general the Council will require the site of a proposed Community Facility to comply with the following locational criteria:- DCP 1 KAWANA WATERS 19

110 Caloundra City Council Planning Scheme have at least one frontage to a collector road; and be conveniently linked to the surrounding area's pedestrian/bikeway network; and (iii) be co-located with other activity generating activities such as parkland and neighbourhood shops. (d) Where the preferred location of the Community Facilities is in an area under the control of the Master Developer, the Council will ensure that the Community Facilities are appropriately integrated into the urban fabric through the Master Planned Community Development Process Tourism Development Intent The Council desires to take advantage of the natural and man-made attractions within the DCP Area by the expansion of tourism related activities. This designation is intended to identify those areas in which tourism Development will be encouraged by the Council. Appropriate activities in these areas include but are not limited to tourist accommodation and related commercial activities and entertainment and recreational facilities. The Council will ensure that these activities are consistent with the current level of amenity in areas which are already Developed Implementation The Council is likely to favourably consider applications for tourism Development in the designated areas, subject to their complying with other relevant provisions of the Planning Scheme including the DCP. Uses which are likely to be favourably considered by the Council include tourist accommodation, tourism-related retail and commercial activities including craft shops, restaurants, cafes, take-away food shops and entertainment and recreational facilities. Mixed use Development comprising tourist-related commercial activities on the lower levels and tourist accommodation above, will be encouraged by the Council in the designated areas Detailed Planning Areas Intent J The DCP 1 Map 1 identifies 10 areas designated DPA 1, DPA 2, DPA 3, DPA 4, DPA 5, DPA 6, DPA 7, DPA 8, DPA 9 and DPA 10, which, by virtue of their strategic location and/or size, are considered to present particular opportunities for comprehensively planned focal Developments. The exact nature and extent of land uses appropriate to each of these areas cannot reasonably be determined at this time. Accordingly, the Council is providing the flexibility for the sites to accommodate a wide range of land uses through the use of the Special Development Zone and in the case of DPA 4, the Open Space Zone and the Sport and Recreation Zone, and in the case of DPA 10 the Residential A Zone provided the uses are undertaken in accordance DCP 1 KAWANA WATERS 20

111 Caloundra City Council Planning Scheme with a Master Plan, to be submitted for approval as part of the Master Planned Community Development Process set out in Section 7 in this DCP, and conform with the general planning and design criteria set out below for each of the DPA's Implementation The detailed planning, Subdivision and Development of DPA's will be undertaken in accordance with the Master Planned Community Development Process set out in Section 7 of this DCP, and with the detailed planning and design criteria set out below for each DPA. Column 1 Permitted Uses A Site Development Plan will be required to be prepared in respect of land designated DPA (other than DPA 10). The Site Development Plan for each DPA (other than DPA 10} shall contain a Supplementary Table of Development for the DPA area as a whole or where the DPA is comprised of precincts for all precincts of that DPA setting out four columns with the specific issues listed under each of them in accordance with the principles stated in Table Colunui 2 Permitted Subject to Conditions TABLE 4.16 Column 3 Consent Required Column 4 Prohibited Uses Those uses determined Those uses considered Those uses, not Those uses determined to be the preferred uses, to be supplementary to otherwise listed either to be inappropriate either within the DPA the preferred uses under Columns 1, 2 either within the DPA area as a whole, or either within the DPA or 4 in respect of the area as a whole or, where the DPA area is area as a whole or, whole of the DPA where the DPA area is comprised of a number where the DPA area is area or, where the comprised of a number of precincts, within comprised of a number DPA area is of precincts, within each each of the precincts, of precincts, within comprised of a of the precincts. together with minor each of the precincts, number of precincts, ancillary uses. and where the use is within each of the such as to require the precincts, and which imposition of would be acceptable conditions to regulate within the whole its use. DPA area or precinct area where it is adequately demonstrated that the use would be compatible with, the preferred uses. DCP 1 KAWANA WATERS 21

112 Caloundra City Council Planning Scheme Detailed Planning Area 1 (DPA 1) This DPA occupies a large area on the western side of the Nicklin Way and is abutted by a planned public recreation lake which will accommodate a variety of water related activities, including part of a 2 km long rowing course, a substantially continuous public access esplanade around the lake, and appropriately located and designed beach and esplanade areas incorporating a range of community and commercially related uses. Development of the area will therefore be guided by the following broad criteria:- The public recreation lake must be designed to minimise future maintenance, to the satisfaction of the Council. The public recreation lake edges are to present an appearance of sandy beaches with vegetation and few "hard edges". The sandy beaches are to be gently sloping to enable ease of access by the users of canoes and windsurfers and the like and may incorporate a neighbourhood or village park. It may be appropriate however to Develop a hard edge treatment to some sections of this (the eastern edge of the public recreation lake) where it can be demonstrated that the pedestrian and cyclist experience is not diminished or made unsafe. Part of this public recreation lake is also contained within the Urban area designation which will require assessment under the provisions of Section 4.4 of this DCP. (iii) No direct access to the Nicklin Way from individual land areas unless supported by a detailed traffic study accepted by the Council and the Department of Transport which shows that such can occur without detriment to the safe and efficient flow of traffic on the Nicklin Way. (iv) There is to be a high level of visibility of the proposed public recreation lake from the Nicklin Way and other adjoining roads. (v) The frontage to the Nicklin Way, other than for approved access points, is to be landscaped to provide an attractive "presentation" along this road and to assist in buffering traffic noises. (vi) Development of nodal areas for sports, leisure, recreation and community activities between the proposed public recreation lake and Sportsmans Parade and Stern Drive is to include the following:- (A) the provision of a continuous public access promenade to the perimeter of the public recreation lake. The Development of commercial and community facilities adjacent to the public recreation lake are to accommodate a continuous public access promenade. In some locations however, such promenade may not directly abut the lake; DCP 1 KAWANA WATERS 22

113 Caloundra City Council Planning Scheme (B) the average width of the public access promenade to be 15m measured from the nominal water level to the adjacent road or property alignment. It is intended the width will vary for relief (to avoid a bath tub appearance) and to accommodate drainage outlets and community focal points; (C) recreation and leisure areas including barbecue and picnic facilities; (D) facilities for cultural, welfare and hobby activities including community halls, community and youth related groups; (E) rowing, and other water sports clubs; (F) limited commercial activities contained in 4 or 5 nodes on the eastern side of the public recreation lake along Sportsmans Parade and Stern Drive. Only one of these nodes is to be located north of the boundary between the swimming pool and the Kawana Sports Complex. Land use opportunities in each of these nodes include boat hire facilities, kiosks and other recreational and community activities with the land use north of the boundary between the swimming pool and the Kawana Sports Complex, being those uses directly related to sports, leisure and recreational activities; (G) the land and/or gross floor area for the commercial nodal areas will depend on the detailed planning of the DPA but shall not in any case exceed in total linear measurements 40% of the frontage to Sportsmans Parade and the Council will require that these uses are located so that continuous pedestrian and cycle access generally along the lake foreshore is achieved and that adequate visual and physical separation between uses occurs. The Council recognises however that amalgamation of some of these uses may create a more efficient use of the limited land resource available. The overall visual experience to pedestrians, cyclists and users of the lake is to be of lake and vegetation indominance, with any buildings to be designed so as to blend with the master planning theme; and (H) sports leisure and recreational activities adjoining Sportsmans Parade and the head of the northern end of the public recreation lake. (vii) The DPA will be developed with lower intensity uses towards the southern edges of the DPA to ensure compatibility with existing low density residential Development, with higher intensities of residential and commercial Development being encouraged towards the southern end of the proposed public recreational lake. The preferred land uses in the southern portion of the DPA (from the lake edge to the southern boundary) will be predominantly residential in nature however, in conjunction with the Master Planning Community Development Process, educational facilities, health care facilities or a significant club facility or similar would also be encouraged as preferred uses in this location. DCP 1 KAWANA WATERS 23

114 Caloundra City Council Planning Scheme (viii) Commercial activities which provide a "Fisherman's Wharf" type amenity or other forms of Development compatible with the intent of the designation which preserves continuous public access adjacent to the southern reaches of the public recreation lake and maintains public views to the waterway from the Nicklin Way, will also be encouraged as preferred use in this location. (ix) Land uses chosen for Development within DPA 1 should be such as will take advantage of the potential of the DPA due to its proximity to a major aquatic recreational resource and as a key focal point integrating the future Development of the balance areas of the DCP Area with the existing community, including pedestrian cyclist linkages as indicated on the DCP-1 Map 2. Activities of a Highway commercial nature will not be permitted within this DPA. (x) A Detailed Planning Area Plan is to be prepared for the whole of the DPA and approved pursuant to the Master Planned Community Development Process prior to the commencement of the Development of land use within the DPA, showing the intended range of land uses, their nature and extent, and the specific Development Criteria to be applied to ensure that the manner of their development enhances the amenity of the area and recognises the amenity of existing residential areas. In the context of the preparation of the Site Development Plan, predominant preferred uses contained within Columns 1 or 2 of the Supplementary Table of Development are therefore:- community activities adjoining Sportsmans Parade; park (public open space - generally continuous public recreation lake frontage public access); uses permitted in the designation "Urban"; limited commercial to public recreation lake edge adjoining Sportsmans Parade; "Fisherman's Wharf" type facilities to the southern edge of the public recreation lake; education facility; health care facility; commercial (offices and the like, to enhance focal position); club facility; and sports, leisure and recreational activities adjoining Sportsman Parade and the head of the northern end of the public recreation lake. DCP 1 KAWANA WATERS 24

115 r r ~aloundra City Council Planning Scheme (c) Detailed Planning Area 2 (DPA 2) ~.. This area comprises a large site of approximately 30 hectares across the - IVicklin Way from DPA 1 and extending to the frontal sand dunes. It is the last large undeveloped beachfront site within the DCP Area, and provides the,~ opportunity for a focal Development based around public beach access and associated recreational activities for residents and visitors. r~ It is intended that Development of the DPA will be guided by the following broad criteria:- Open space and community land with an area of approximately 5.9 hectares will be provided to cater for the needs of local residents and tourists. Controlled beach access will be provided from the park and from a site for a surf lifesaving club and public parking facilities as well as other community facilities intended to serve the local resident community. The make up of this ;~ ~- ~~ area is to be as follows :- r" Village Park System _, 2.Oha _; ~-~ Public Access Club Facilities =1~:0~~ ~~ Linear Park 1.6ha Public Access Domain (Mall) O. Sha Community Facilities 0.3ha Surf Club Facility O.Sha. Complementary to the focal Development intent of this DPA a commercial/boutique retail/community/public domain (mall) precinct or precincts will be encouraged as preferred uses in this location with their design and relationship to meet the needs of local residents and tourists and which provides a vibrant focal point for the Kawana area. (iii) There is to be no direct access to the Nicklin Way from individual land uses. (iv} There is to be controlled access only to Beach and Wurley Drive, and to any proposed new access road from the Nicklin Way. (v) The frontages to the Nicklin Way and Beach and Wurley Drives, other than for approved access points, are to contain linear parks approximately 10 metres wide (from kerb lines) and be landscaped to provide an attractive "presentation" of the DPA along these roads, to provide an "experience" for pedestrians and cyclists and to assist in buffering traffic noises. (vi) Appropriate linkages are to be provided to the Village Park and focal point through the DPA to existing developed areas and to areas west of the Nicklin Way for pedestrians and cyclists. There will be a grade separated, or signalised, linkage from this area under or across the Nicklin Way to DPA 1 and directly to the foreshores of the recreational lake and rowing course and its extensive foreshore paths and cycleways and community facilities. Road access within this DPA is to be so designed as to discourage northsouth through traffic from using this area as an alternative route to the Nicklin Way. DCP 1 KAWANA WATERS 25

116 Caloundra City Council Planning Scheme (vii) (viii) The DPA is to be Developed with lower intensity uses towards the edges of the DPA to ensure their compatibility with existing low density residential development north and south of the DPA. Higher intensities of Development will be encouraged towards the centre of the DPA, particularly around the focal Development, to assist in providing a sense of place. In the centre.. _. ~. an 8 storey height limit is not to be exceeded. The Council will encourage the Development ofja significant club ~ facility or similar in this DPA which is ~. sized to accommodate an area of lha of land for public access and enjoyment ~' of club facilities. In the event that this use does not occur however, and j residential is the preferred use, the Council will require a lha area of land to._ ' be set aside for public access club facilities. Land uses are to be predominantly residential in nature, with an emphasis on higher densities to a maximum height of 8 storeys towards the centre of the DPA. Various forms of tourist Development would be welcomed by the Council, should these prove to be commercially viable. Commercial Development will be limited to the focal area. In particular, activities of a Highway Commercial nature will not be permitted along the Nicklin Way frontage of the DPA. A Detailed Planning Area Plan shall be prepared for the whole of the area of DPA 2, and approved pursuant to the Master Planned Community Development Process prior to commencement of Development of land use within the area, and showing the intended range of land uses, their nature and extent, and the specific Development Criteria to be applied to ensure that the manner of their Development enhances the amenity of the area and recognises the existing amenity of adjoining residential areas. In the context of the preparation of a Site Development Plan, the predominant preferred uses contained within Columns 1 or 2 of the Supplementary Table of Development are therefore:- residential and tourist accommodation; commercial; village park system; community facilities; surf club facility; boutique retail/public mall/restaurant, fast food and the like; and club facility. (d) Detailed Planning Area 3 (DPA 3) This DPA is located in a key position between the Kawana Waters Canal and the Nicklin Way and is adjacent to the Regional Retail Centre. A Detailed Planning Area Plan will be required to be prepared for the whole of DPA 3 and approved pursuant to the Master Planned Community Development Process prior to the commencement of Development of the land use within the area and showing the intended range of land uses, their nature and extent and the specific Development Criteria to be applied to ensure the manner of their Development enhances the amenity of the area and recognises the existing amenity of the adjoining residential areas. A Site Development Plan shall be prepared as part of the Master Planned Community Development Process and shall contain a Supplementary Table DCP 1 KAWANA WATERS 26

117 Caloundra City Council Planning Scheme of Development. In the context of the preparation of a Site Development Plan the predominant preferred uses contained in Columns 1 and 2 of the Supplementary Table of Development are therefore:- motel/accommodation building; office park type Development to include a mix of business elements; medium density residential; complementary uses such as restaurants and the like. It is intended that Development of the DPA will be guided by the following broad criteria:- The nature and form of future Development is to be such as will complement the amenity of adjoining uses fronting the waterway, and enhance the visual amenity along this section of the Nicklin Way. Development of the DPA is to be provided with adequate car parking and safe and efficient means of ingress and egress designed to minimise any impact on traffic flow. in the Nicklin Way off Jessica Boulevard. Access points are to be restricted to a minimum spacing of 60m. (iii) Open parking areas should be screened from the road and waterway by the provision of appropriate landscaping, including mounding if required. (iv) Building facades to all road and waterway frontages are to be aesthetically pleasing and, wherever possible, designed in accordance with the provisions of the Site Development Plan, and aimed at providing an integrated scheme of Development for the whole area. (v) Any loading docks and service areas are to be appropriately located and screened so as to be visually unobtrusive from the adjoining roads and waterways. (e) Detailed Planning Area 4 (DPA 4) This DPA comprises an area of approximately 335 hectares, most of which is influenced by the Mooloolah River Flood Model Solution. Whilst the flood solution characteristics of the DPA must be retained, areas are suitable for a variety of land uses with the majority of the lands having an active and passive recreation value and conservation value. It is intended that development of the DPA will be guided by the following broad criteria:- The nature and form of future Development is to be such as will preserve the flood storage capacity and flow characteristics of the DPA. Appropriate linkages will be provided to the river from the adjacent Urban development for pedestrians and cyclists. DCP 1 KAWANA WATERS 27

118 Caloundra City Council Planning Scheme (iii) (iv) (v) The integrity of significant vegetation within the DPA is to be preserved. The DPA at its northern extremity, offers the potential to extend the District/Regional Sports Complex with pedestrian cyclist linkages, located so as to access the river and the provision of a Village Park adjacent and south of the Southern lake. Lakes are envisaged within DPA 4 area and are to be Developed in accordance with the following criteria:- (A) (B) (C) (D) (E) (F) (G) the southern lake is an existing borrow pit, the preferred use of which is for passive enjoyment for the public with a conservation area on its northern edge (east of the Multi Modal Transportation Corridor) and village park opportunity to its southern edge (east of the Multi Modal Transportation Corridor); other lakes (not yet created) are preferred for passive enjoyment for the public or form part of any golf course development within this area; the northern lake is an existing "borrow pit", the preferred use of which is for active recreation; it is intended that these lakes, where practical, will form part of the urban drainage system acting as retention settlement ponds assisting in an improved water quality system; non powered and non wind assisted craft (such as canoes) will only be permitted on these lakes; the provision of a pedestrian link between the northern lakes and the additional sports and recreation lands; and provision of a maximum 100m buffer around northern lakes provided however that in order to minimise vegetation disturbance, lakes will be located as close as practical to the Multi Modal Transportation Corridor resulting in a reduced buffer width on the east side of lakes. (vi) (vii) Private and public open space and recreational purposes will be encouraged within the existing cleared areas of the DPA. The Council will encourage the Development of a significant club facility or similar. Eco-tourism uses will also be encouraged in this DPA. The provision of the proposed Multi Modal Transportation Corridor traversing this area to the south as identified on DCP-1 Map 2 with the Public Transport Corridor component located within the DPA 4 area. A Detailed Planning Area Plan will be required to be prepared for the whole of DPA 4 and approved pursuant to the Master Planned Community Development Process prior to the commencement of the Development of land use within the area showing the intended range of land uses, their nature and intent, and the specific Development DCP 1 KAWANA WATERS 28

119 Caloundra City Council Planning Scheme Criteria to be applied to ensure that the manner of their Development preserves the flood storage capacity and flow characteristics of the DPA in addition to providing opportunities for private and public open space and recreational purposes. In the context of the preparation of a Site Development Plan, the preferred uses contained in Columns 1 and 2 of the Supplementary Table of Development within this DPA are:- public open space and recreation areas; park (public and/or private tenure); golf course and club facility; equestrian facility; eco-tourism accommodation; and public transportation corridor and associated facilities. (~ Detailed Planning Area 5 (DPA 5) This DPA is suitable for the Development for a commercial centre providing Neighbourhood to District level retail, office, entertainment, community, recreational and other ancillary facilities. A Detailed Planning Area Plan will be required to be prepared for the whole of DPA 5 and approved pursuant to the Master Planned Community Development Process prior to the commencement of Development of the land use within the area and showing the intended range of land uses, their nature and extent and the specific Development Criteria to be applied to ensure the manner of their Development enhances the amenity of the area and recognises the existing amenity of the adjoining residential areas. In the context of the preparation of a Site Development Plan, the preferred uses contained in Columns 1 and 2 of the Supplementary Table of Development within this DPA are:- Neighbourhood to District level retail facilities. Neighbourhood to District level office accommodation. Neighbourhood to District level entertainment/recreation facilities. Neighbourhood to District level community facilities to those aforementioned. During the planning of the District Retail Centre appropriate sites should be considered and identified for Community Facilities, such as a small community' centre, community hall, community health sub-centre and branch library. The Council will work with the developer to identify and co-ordinate the detailed requirements for these facilities. All Development proposals will be required to comply with the relevant Development requirement guidelines in the Planning Scheme, except that the maximum height of Development in this area will be limited to three storeys. (g) Detailed Planning Area 6 (DPA b) This DPA is suitable for the establishment of a service station. A Site Development Plan will be required to be prepared for the whole of DPA 6 and approved pursuant DCP 1 KAWANA WATERS 29

120 Caloundra City Council Planning Scheme to the Master Planned Community Development Process prior to the commencement of Development the land use within the area and showing the intended range of land uses, their nature and extent and the specific Development Criteria to be applied to ensure the manner of their Development enhances the amenity of the area and recognises the existing amenity of the adjoining residential area. In the context of the preparation of a Site Development Plan, the preferred uses contained in Columns 1 and 2 of the Supplementary Table of Development within the DPA are service station and local convenience store with complementary use of automatic mechanical car wash facility; and vehicle hire outlet. (h) Detailed Planning Area 7 (DPA 7) This DPA is located in an area influenced by the Water Pollution Control Plant Buffer Area. The land is adjacent to the By-pass Channel entrance from the Mooloolah River and the proposed Multi Modat Transportation Corridor. All Development proposals on this DPA will be required to be in accordance with the required Master Plans indicating the design layout and intent for the whole DPA and its relationship with the urban residential to the north and east and the entrance channel works and comply with the constraints imposed by the Water Pollution Control Plant Buffer Area and the proposed Multi Modal Transportation Corridor. In the context of the preparation of a Site Development Plan, the preferred uses contained in Columns 1 and 2 of the Supplementary Table of Development within the DPA are:- club facility; service station, and complementary uses of convenience shop and car wash facilities; sport and recreation and associated facilities; indoor entertainment/outdoor entertainment; eco tourism (river/national park related) facilities; business park or similar Development (but with no direct access from sites to the proposed adjacent Multi Modal Transportation Corridor); and lake. Detailed Planning Area 8 (DPA 8) This DPA is a very prominent site and is considered inappropriate for a SEQEB depot which is its current proposed use. The DPA lends itself to a commercial or tourist activity. The DPA may accommodate a building of up to 4 storeys. A Site Development Plan will be required to be prepared for the whole of DPA 8 and approved by the Council prior to the commencement of Development of the land use within the area and showing the intended range of land uses, their nature and extent and the specific Development Criteria to be applied to ensure the manner of their Development enhances the amenity of the area and recognises the existing amenity of the adjoining residential area. DCP 1 KAWANA WATERS 30

121 Caloundra City Council Planning Scheme In the context of the preparation of the Site Development Plan, the preferred uses in order of preference, contained in Columns 1 and 2 of the Supplementary Table of Development within this DPA are:- commercial uses; tourist uses; and public utility/public use. (j) Detailed Planning Area 9 (DPA 9) This site comprises an area of approximately 13.5 hectares. The land is adjacent to the Multi Modal Transportation Corridor, Main Drive and sits within the 800 metre Water Pollution Control Plant Buffer Area. The land is also in proximity to the existing Employment Area and the proposed Town Centre, and the public recreation lake. A Detailed Planning Area Plan will be required to be prepared for the whole of DPA 9 anc~ approved pursuant to the Master Planned Community Development Process prior to the commencement of Development of the land uses within the area showing the intended range of land uses, their nature and extent and the specific Development Criteria to ensure the manner of their Development recognises the following broad criteria:- The importance of providing integrated employment areas and the location of this area, Development of this DPA is intended to provide a transition between the variety of uses at the sites perimeters. In this context the Development of the DPA is intended to occur along an east -west axis v~re connectivity between the East and West Sports Complex and the lake edge activities will influence the location of uses with a sports recreation and leisure focus and anorth -south axis where transition occurs north from the Employment Area to the South from the Town Centre. This results in 4 precincts:- Precinct one providing the transition from the 'Industries' uses to the north of Main Drive; Precinct two providing east -west connectivity by pedestrian and ~~, c Y cle but within land uses that have a s Ports, recreation and leisure focus ; Precinct three providing the transition from the Town Centre; A fourth precinct occurs to the lake edge where sports, leisure and recreation uses will link the connectivity of the east -west axis to the head of the lake and east to the existing sports complex and the eastern public recreation lake edge. The focal nature of the public recreation lake which will adjoin the DPA to its eastern edge. (iii) The proximity to and exposure to the Multi Modal Transportation Corridor. (iv) The proximity to the established Employment Area and the Town Centre. DCP 1 KAWANA WATERS 31

122 Caloundra City Council Planning Scheme (v) The need for access from Main Drive and restricted access from the Multi Modal Transportation Corridor. (vi) Complementary provision of the continuous public access promenade to the perimeter of the public recreation lake as referred to in sections and 4.16 DPA 1. In the context of the preparation of a Site Development Pian the predominant preferred uses contained within Columns 1 or 2 of the Supplementary Table in this DPA are therefore:- To the north of the DPA, adjacent to the Main Drive Edge, Distribution Centre, Warehousing, Clean Manufacturing (with high technology focus} and Service Industry Uses, and the like; ~ To the Centre of the DPA, focused along the east west pedestrian and cycle corridor, those uses that provide a sense of connectivity between the two nominated recreation uses, such as, Indoor Entertainment/Sports and Recreation related uses, and the like; ~ To the south of the DPA, Commercial Premises, Clean Manufacturing (with high technology focus) and Trade Centre Uses, and the like; and To the east of the DPA, sports, recreation, and leisure activity uses, such as, Sports Administration, Sports Centre, Sports Medicine, Wellness Centre and Sports Education, and the like. (k) Detailed Planning Area 10 (DPA 10) This DPA comprises an area of approximately 60 hectares. The land is located in an area west to the Multi Modal Transportation Corridor and is generally surrounded by open space. The area of the DPA, its regular shape, elevations, and setting provides the opportunity for an integrated neighbourhood Development including a variety of uses and facilities relating to the urban, conservation and recreational value of the surrounding areas. Master Plans will be required to be prepared for the whole of DPA 10 and approved by the Council prior to the commencement of Development of the land uses within the area showing the intended range of land uses, their nature and extent and the specific Development Criteria to ensure the manner of their Development recognises the following broad criteria:- The nature and form of the Development of this DPA is to be such as will preserve the flood storage capacity and flow characteristics of the flood plain and maintain and enhance conservation values. Appropriate linkages will be provided to the adjacent DPA 4 area Development for pedestrian and cyclists. (iii) The proximity to the Multi Modal Transportation Corridor. (iv) The proximity to the open space that will generally surround the DPA area. (v) There shall be no access other than pedestrian and bikeway to Sunset Drive. In the preparation of Master Plans the following matters must be taken into DCP 1 KAWANA WATERS 32

123 Caloundra City Council Planning Scheme consideration:- the impact the proposed development will have upon Good Quality Agricultural Land; and the matters addressed in State Planning Policy 1/92 and any supporting Guidelines. These matters must be addressed, in writing, as part of an application for approval of a Master Plan. In the context of the preparation of Master Plans and recognising the characteristics of the DPA the preferred uses within this DPA are:- club facility (including accommodation); eco tourism accommodation; education facility; and residential and associated/ancillary commercial and community facilities (where such facilities are designed and Developed to accommodate a range of different types of varying densities compatible with the foregoing uses). 5.0 CIRCULATION NETWORK - INTENT AND IMPLEMENTATION CRITERIA 5.1 Arterial Roads Intent The intent of this designation is to identify existing and proposed major arterial roads and associated interchanges in the DCP Area. These are limited to the Nicklin Way (existing) and the proposed Multi-Modal Transportation Corridor which as well as linking Caloundra road to the Sunshine Motorway by way of an arterial road, also provides for a Public Transport Corridor Implementation The Department of Transport has identified a regional transportation route for the proposed Multi Modal Transportation Corridor as indicated on DCP-1 Map 2. This corridor is planned by the Department of Transport to provide an additional north-south arterial road and public transport link and,includes the following standards of design:- The corridor width at its mid block is 40 metres for a road, four lane divided regional arterial status, and 20 metres for a public transit facility that could be high speed bus, light rail or heavy rail system. (b} The corridor will be access controlled with intersection points designed to service the future developments' access roads as well as promote efficiency in local traffic movements. (c) Planning of the road corridor and abutting land will include provision for the acquisition of additional land should grade separated intersections be required in the future. (d) These intersection points would generally be no closer than about 1,500 metres apart DCP 1 KAWANA WATERS 33

124 Caloundra City Council Planning Scheme except for DPA 7 where particular provision is required for an appropriate access configuration, sited as nominated in DCP 1 Map 2. (e) The arterial road configuration is:- Footpath 6m~" `C 2 through lanes 7m Centre median 6m 2 through lanes 7m Footpath 6m`" '~ Landscape and Bikeway 8m 40m Note: *Footpath and landscape widths vary subject to adjoining land form (eg. esplanades and lake promenades, open space) (~ Visual and acoustical screening is required along arterial roads so as to minimise the impact on residential amenity. Ameliorative measures (such as mounding or screen fencing) shall be considered as part of the initial planning and construction within the 40m road corridor. Ameliorative measure shall not be required along road frontages to open space, lake or esplanade area or non-residential development. (g) The design speed is 80km/hr except in the vicinity of intersections where a lower design speed is necessary for safety and proper traffic management. (h) Should rail be the preferred mode of public transport the following design characteristics are to be applied:- a minimum horizontal radius of 850 metres is to be adopted for the rail alignment; and that the rail option will not locate to the east of the Multi Modal Transportation Corridor and east of the additional rail option in Parrearra as depicted on DCP 1 Map 2. Pedestrian and cyclist facilities will be located within the 40 metre road corridor and located to the eastern side of the corridor with grade separation (underpass) points to provide linkage to the natural open space and active recreation areas as indicated on the DCP 1 Map 2. (j) The development of a transit facility will include provision for close integration with urban Development on the eastern side of the corridor with appropriate physical connection to the Public Transport Corridor. The position of this transit facility is required to be located such that it joins with the Public Transport Corridor but also forms an integral part of the Town Centre. (k) In assessing applications for Development, Subdivision and Master Plan approval. The Council will ensure that arterial roads are provided in general conformance with the arterial roads indicated on DCP 1 Map 2. DCP 1 KAWANA WATERS 34

125 Caloundra City Council Planning Scheme 5.2 Sub-Arterial Roads Intent This level of road in the road hierarchy is primarily intended to move traffic rather than provide access to individual properties. These roads provide a link between arterial roads and the rest of the road hierarchy and accommodate public transport Implementation The preferred locations for sub-arterial roads are indicated on DCP 1 Map 2. The sub-arterial road corridor width will generally be 30 metres except where appropriate widening is required at intersections. (c) There will be no direct individual residential allotment property access except for larger commercial and/or accommodation complexes. (d) The design speed is 60 kilometres per hour except in the vicinity of intersections where a lower design speed is necessary for safety and proper traffic management. (e) The sub-arterial road configuration will generally be:- Footpath Sm 2 through lanes 7m Centre median 6m 2 through lanes 7m Footpath Sm 30m (fl In assessing applications for Development, Subdivision and Master Plan approval, the Council will ensure that sub-arterial roads are provided in general conformance with the sub-arterial roads indicated in DCP 1 Map Trunk Collector Roads Intent The intent of identifying these elements is to ensure that the detailed design of nevv areas incorporates an efficient road network which is appropriately linked to higher order roads in the overall road hierarchy. The trunk collectors are intended to provide for local traffic movement to higher-order roads. These may be required to be designed to accommodate public (bus) transport Implementation DCP 1 Map 2 indicates the trunk collector roads for the undeveloped areas. The trunk collector road configuration is:- DCP 1 KAWANA WATERS 35

126 Caloundra City Council Planning Scheme Footpath 4m 2 through lanes 7m Centre median 3m 2 through lanes 7m Footpath 4m 25m (c) There will be no direct individual residential allotment property access except for larger commercial and/or accommodation complexes. (d) In assessing applications for Development, Subdivision and Master Plan approval, the Council will ensure that trunk collector roads are provided in general conformance with the trunk collector roads indicated on DCP 1 Map Major Collector Roads Intent The major collector roads are intended to provide for local traffic movement to trunk collector and sub-arterial roads and will include direct residential property access Implementation DCP 1 Map 2 indicates the major collectors for undeveloped areas. The major collector road configuration is:- Footpath 4m 2 through lanes 7m Centre median 3m 2 through lanes 7m Footpath 4m 25m (c) In assessing applications for Development, Subdivision and Master Plan approval, the Council will ensure that major collector roads are provided in general conformance with the major collector roads indicated on DCP 1 Map 2. In particular the Council will ensure that the major collector roads do not provide a direct link between higher order roads in the network which would encourage through traffic to use the major collector roads in preference to a designated arterial or sub-arterial road or trunk collector road. 5.5 Collector Streets Intent The intent of identifying these elements is to ensure that the detailed design of new areas incorporates an efficient road network which is appropriately linked to higher order roads in the overall road hierarchy. The collector streets are intended to provide for local access and local traffic movement and should be designed to discourage use by traffic passing through the local area Implementation DCP 1 Map 2 indicates possible access points for collector streets in undeveloped DCP 1 KAVVEiNA WATERS 36

127 Caloundra City Council Planning Scheme areas. In assessing applications for Development, Subdivision and Master Plan approval, the Council will ensure thae collector streets are provided in general conformance with DCP 1 Map 2. In particular the Council will ensure that the collector streets do not provide a direct link between higher order roads in the network which would encourage through traffic to use the collector streets in preference to a designated arterial, sub-arterial, trunk collector or major collector road. 5.6 Bikeways/Pedestrian Links Intent This designation indicates in broad terms a network of bikeways and pedestrian paths which is planned to connect residential areas with major activity nodes including schools, shopping facilities, sporting facilities, open space and foreshore areas Implementation The preferred routes of the bicycle/pedestrian network are indicated on DCP 1 Map 2. In assessing applications for Development, Subdivision and Master Plan approval, the Council will ensure that the relevant elements of the bikeway/pedestrian network are incorporated in the design. (c) At the Subdivision approval stage, the Council will require the developer to provide the land and construct those elements of the bikeway/pedestrian network contained within the new Development areas. The Council will progressively implement the links in currently Developed portions of the DCP Area as part of its overall strategy. 5.7 Public Transport Routes Intent The Council wishes to ensure that the potential for urban areas of the City to be provided with a public transport service in the future is recognised in the design and lay-out of Development proposals Implementation In assessing applications for Development, Subdivision and Master Plan approval, the Council will ensure that roads are provided to an appropriate design standard to accommodate possible future bus traffic. Bus routes will generally use major collector roads and higher-order roads in the road hierarchy. 6.0 MISCELLANEOUS PROVISIONS APPLYING THROUGHOUT THE DCP AREA 6.1 Landscaping to Sub-Arterial Roads and Waterways DCP 1 KAWANA WATERS 37

128 Caloundra City Council Planning Scheme Landscaping plans are to be submitted with Development applications for sites which have a frontage to any road designated as asub-arterial road in this DCP or to any waterway. Landscaping plans are to ensure that the Development presents an attractive appearance from the sub-arterial road or waterway and to this end should address the following requirements:- Compatibility with and enhancement of adjoining streetscape elements including landscaping treatments of adjoining sites and any footpath treatments. Provision of visual screening to any unsightly areas (e.g. tidy areas, parking areas, loading bays and the like) within the site. (iii) Provision and/or maintenance of appropriate levels of privacy for users of the subject site or adjacent sites. (iv) Where acoustic screening is required, the landscaping plan shall indicate the landscaping treatment along the full length of such screening and how the landscaping compliments the screening and/or reduces its visual impacts. 6.2 Use of Reflective Glass on External Walls Reflective glass which forms all or part of any external wall of a building shall not exceed:- a maximum degree of reflection of both heat and light of 20 percent; and 60 percent of the total area of such wall. 6.3 Landscaping of Basement Roof Area The roof of any basement area is to be landscaped to the satisfaction of the Council. Appropriate landscape treatments of these roof areas may include lawn, planter boxes, planted moundings and tiling for use as outdoor terrace areas. 6.4 Parking Areas to be Open to Public Parking areas provided in association with non-residential Development shall be kept open and freely accessible to the public during the hours of operation of the activities on the site. No mechanical devices, barriers or signage shall be erected which would impede or otherwise discourage access to parking areas on the site by the general public during these hours. 6.5 SEQEB Transmission Line Easement The Council will require an easement to be granted in favour of SEQEB as a condition of approval of any Development or Subdivision application over land affected by the I32kv sub transmission line not contained within a dedicated road or park reserve and which passes through the Parrearra and Kawana districts in the genera! location indicated on DCP-1Map Downstream Island Intent To preserve the intent of high amenity residential Development for the area described as the downstream (river) island or referred to as Minyama Island, the Council will not favourably DCP-1 KAWANA WATERS 38

129 Caloundra City Council Planning Scheme consider further subdivision of lots on the island below 1,500m2 in area. 6.7 Population Threshold Notwithstanding anything contained in the Planning Scheme, no Development or Subdivision shall be carried out in Precincts 1, 2, 3, 4 or 5 as specified in DCP 1 Map 4 where:- the population exceeds the population limit specified on DCP 1 Map 4 in respect of that precinct by more than ten percent (10 % ); or the total population as specified on DCP 1 Map 4 in respect of Precincts 1, 2, 3, 4 and 5 (ie. 22,410 persons) is exceeded. Notwithstanding anything contained in the Planning Scheme, no Development or Subdivision shall be carried out in Precinct 6 as specif ed on DCP 1 Map 4 where the total population limit specified on DCP 1 Map 4 in respect of Precinct 6 (ie. 26,190 persons) is exceeded. (c) For the purposes of Section 6.7 and (b} the population of Precincts 1-6 shall be calculated in accordance with Section of the Planning Study. 7.0 MASTER PLANNED COI~~]VILJNITY DEVELOPMENT PROCESS 7.1 Introduction Rationale The Council has adopted the Master Planned Community Development Process (MPCD} for the purpose of implementing this DCP in the major undeveloped portions of the DCP Area in recognition of the following salient factors:- all the major areas of undeveloped land in the DCP Area are under the ownership or control of the one developer, the Master Developer, which provides a unique opportunity for a fully integrated approach to the planning, Subdivision and Development of the Kawana Waters Community Development Area; and the provisions of Development Lease No.2 and.related Development Agreements, and the role of the lessee (the Master Developer) and the Minister in the implementation of the further Subdivision and Development of the undeveloped lease areas in accordance with such provisions; and (c) the intent of the Master Developer to work co-operatively with the Council, and the Minister, with respect to Development Lease No. 2, to prepare and implement the Master Planned Community Development Process to the balance of its holding, integrated with the existing established areas within and adjacent to the DCP Area; and (d) the desirability of providing greater flexibility in the statutory provisions controlling such a large scale, comprehensively planned urban Development, to ensure the diversity of land use type, form and distribution essential to the creation of a fully ~- DCP 1 KAWANA WATERS 39

130 Caloundra City Council Planning Scheme Application integrated community which meets the needs of all its residents. The Master Planned Community Development Process set out below applies to all lands identified in DCP 1 Map 1 as being included in either the Urban or DPA designations Vision Statement The following Vision Statement sets out the principles which will guide the future Development of the Kawana Waters Community Development Area through the Master Planned Community Development Process. The Vision for the future of the Kawana Waters Community Development Area seeks to integrate:- the community values to be incorporated in the aim to create a "complete community" with a strong residential emphasis and a "sense of place"; and the market factors expected to govern and influence the rate, form and future growth of the area and Region; and (c) the need for the long-term economic viability of the Development. To these ends, the future Development of the Kawana Waters Community Development Area is intended to be:- undertaken in a structured, timely and cost-effective manner, which meets the needs of the community and the diverse markets expected to be attracted to the area; and ensure a financially successful project; and (c) be characterised by:- quality in living environments, housing and all the diverse elements that constitute the community; and variety of housing types and residential precincts, reflecting the diverse nature of the community; and (iii) affordability appropriate to the range of income levels in the community, with the emphasis on value for money; and (iv) safety in both housing, movement and community-wide activity; and (v} completeness in:- active and passive open space and recreation areas and facilities; and schools and educational facilities;and ~" DCP 1 KAWANA WATERS 40

131 Caloundra City Council Implementation shopping, commercial facilities; and employment areas; and community and child care facilities; and health and welfare services and facilities; and emergency services; and communication and public transport; and Planning Scheme (vi) accessibility in relation to open space, education and community facilities, and services; and (vii) connectedness, a feeling of relationship, linkage, and belonging in respect of both the physical and human elements of the community; and (viii) character, identity and vitality being factors which set the community apart and make it its own place, not a dormitory but an active, living and dynamic community The planning, Subdivision and Development of the DPA's and Urban designated areas of the DCP Area is controlled by the Development Documents The Master Planned Community Development Process implements the vision and intent of the DCP utilising the Development Documents to achieve an integrated approach to the planning, Subdivision and Development of the DPA's and the areas designated Urban under the DCP Where an application for approval of a Master Plan, Subdivision, or Development is required to be lodged with and determined by the Council, the application may be:- lodged separately, concurrently or sequentially with any other application notwithstanding the provisions of the Planning Scheme; and determined by the Council in accordance with all relevant legislation (including subordinate legislation} separately, concurrently or sequentially. 7.2 Development of DCP Area Development Rights Notwithstanding any provision of the Planning Scheme, land designated DPA or Urban under the DCP shall not be Developed except for an Existing Use unless:- (a} the Master Plans as required to be prepared by the DCP have been approved in accordance with the Development Agreement and the DCP; and where the Development involves Subdivision of the Land, the Development is to be carried out on an allotment specifically identified and approved for that purpose by a Subdivision in accordance with section 7.3 of the DCP; and (c) the Development complies with:- the Development Documents; and the approved Master Plans including the conditions of approval, DCP 1 KAWANA WATERS 41

132 Caloundra City Council Planning Scheme Development Criteria, Urban Design Performance Criteria and Site Development Plan Design Parameters Permitted, Conditional Permitted and Permissible Development The Planning Scheme provisions provide that land:- designated Urban or DPA 10 under the DCP can be Developed for:- a Permitted Development in the Residential A zone where the purpose is Developed on an allotment specifically identified and approved for that purpose by a Subdivision in accordance with section or of the DCP; and a Conditional Permitted Development in the Residential A zone where the purpose is specified on a Precinct/Estate Plan approved in accordance with the DCP; and (iii) a Permissible Development in the Residential A Zone; j ~ designated as DPA under the DCP (other than DPA's 4 and 10) can be Developed for:- a Permitted Development in the Special Development Zone where the purpose is specified in column 1 of a Supplementary Table of Development; and i i~ DCP 1 KAWANA WATERS 42

133 Caloundra City Council Planning Scheme a Conditional Permitted Development in the Special Development Zone where the purpose is specified in column 2 of a Supplementary Table of Development; and (iii) a Permissible Development in the Special Development zone where the purpose is specified in column 3 of a Supplementary Table of Development; and (c) designated as DPA 4 under the DCP can be Developed for:- a Permitted Development in the Open Space and Sport and Recreation Zones where the purpose is specified in column 1 of a Supplementary Table of Development; and a Conditional Permitted Development in the Open Space and Sport and Recreation Zones where the purpose is specified in column 2 of a Supplementary Table of Development; and (iii) a Permissible Development in the Open Space and Sport and Recreation Zones where the purpose is specified in column 3 of a Supplementary Table of Development; and (d) which is not designated Urban or DPA under the DCP can be developed for those purposes specified in the Table of Development applicable to the zoning of the land. 7.3 Subdivision of DCP Area Freehold Land Notwithstanding the provisions of the Planning Scheme, Freehold Land and Freeholded Lease Land which is within a DPA or designated Urban under the DCP shall not be Subdivided unless:- in the case of Freehold Land, the Council has approved all Master Plans required by the DCP to be prepared in respect of the land; and a Subdivisional approval is granted by the Council in accordance with the DCP; and (c) the Subdivision is to enable the Development of the land for a Permitted Development, Conditional Permitted Development or Permissible Development; and (d) the Subdivision complies with:- the Development Documents; and the approved Master Plans including the conditions of approval, Development Criteria, Urban Design Performance Criteria and Site Development Plan Design parameters Development Lease l~to 2 Land which is within Development Lease No 2 which is designated as a ppa or Urban under the DCP shall not be Subdivided under the Land Act 1994 other than in accordance with [he Development Agreement. 7.4 Preparation of Master Plans DCP 1 KAWANA WATERS 43

134 Caloundra City Council Planning Scheme Structure Plan 7.4. l.1 A Structure Plan must be prepared in respect of the DPA's (other than DPA's 3, 5, 6 and 8) and the Urban designated areas of the DCP Area shown on DCP 1-Maps 1 and The Structure Plan must:- outline the broad intent and structure of the DPA's and Urban designated areas of the DCP; and show in more detail the elements of the DCP including:- the extent and relationship between proposed neighbourhood areas in terms of neighbourhood boundaries and the principles on which those boundaries are based (such as community of interest, definable edges and community culture); and the predominant and preferred land use opportunities described in the various elements of the DCP; and (iii) spatial location and hierarchy of business and community facilities elements; and (iv) movement network including the major arterial roads, subarterial roads and collector road access; and (v) open space system; and (vi) shape, profiles and function of the water bodies that result from the reclamation work together with the urban design rationale used to determine the location and alignment of the water bodies; and (vii) the physical urban infrastructure (other than the road network) that is required to service the Kawana Waters Community Development Area; and (c) accompanied by supporting data including:- an urban design rationale which describes the principles, concepts and strategies underpinning and guiding the form, type and arrangement of land uses and describes compliance with the DCP; and an education strategic analysis; and (iii) a commercial opportunities plan; and (iv) an employment analysis; and (v) an impact assessment of flooding and drainage issues, water quality issues and construction and geotechnical issues; and (vi) a traffic and transportation network analysis; and (vii) a physical urban infrastructure, capacity and network analysis; and (d) comply with the Development Documents; and DCP 1 KAWANA WATERS 44

135 Caloundra City Council Planning Scheme (e} be prepared at a scale 1:10, Neighbourhood/Village Plan A Neighbourhood/Village Plan must be prepared in respect of DPA 10 and the Urban designated areas of the DCP shown on DCP 1 -Maps 1 and The Neighbourhood/Village Plan must:-. outline the general nature, form and extent and location of Development for an area of neighbourhood/village scale within the approved Structure Plan; and show in more detail the elements of the DCP identified within the approved Structure Plan including:- the nature, location and density of Development; and the centre hierarchy; and (iii) the movement networks including the collector road and cycle and pedestrian system; and (iv) open space system; and (v) the shape, profiles and function of the water bodies; and (vi) the physical urban infrastructure (other than the road network) that is required to service the development of the neighbourhood/village area; and (c) control the form and extent of Development within the neighbourhood/village boundary through:- Development Criteria; and Urban Design Performance Criteria if appropriate; and (iii) Site Development Plan Design Parameters if appropriate; and (d) comply with:- (i} the Development Documents; and the approved Structure Plan including conditions of approval and Development Criteria; and (e) be prepared at a scale of 1:1, Detailed Planning Area Plan Detailed Planning Area Plans must be prepared in respect of DPA's 1, 2, 4, 7 and 9 shown on DCP 1 -Maps 1 and A Detailed Planning Area Plan to be prepared pursuant to section must:- DCP 1 KAWANA WATERS 45

136 Caloundra City Council Planning Scheme outline the general nature, form, extent and location of Development for a DPA in the approved Structure Plan; and show in more detail:- the elements of the DCP identified within the approved Structure Plan including those matters set out in ; and the land uses proposed in the DPA; and (iii) the precincts and purposes for which those precincts will be Developed which require a Site Development Plan; and (c) control the form and extent of Development within the DPA through:- Development Criteria; and Urban Design Performance Criteria, if appropriate; and (iii) Site Development Plan Design Parameters, if appropriate; and (d) comply with:- the Development Documents; and the approved Structure Plan including any conditions of approval and Development Criteria; and (e) be prepared at a scale of 1: Detailed Planning Area Plans must be prepared in respect of DPA's 3 and 5, shown on DCP-1- Maps 1 and A Detailed Planning Area Plan to be prepared pursuant to section must:- outline the general nature, form, extent and location of Development for DPA's 3 and 5 in the DCP; and show in more detail:- the elements of the DCP identified within the DCP including those matters set out in ; and the land uses proposed in the DPA; and (iii) the precincts and the purposes for which those precincts will be Developed which require a Site Development Plan; and (c) control the form and extent of Development within the DPA through:- Development Criteria; and Urban Design Performance Criteria if appropriate; and DCP 1 KAWANA WATERS 46 J.

137 Caloundra City Council (iii) Site Development Plan Design Parameters; and ' (d) comply with Development Documents; and (e) be prepared at a scale of 1:1,500. Planning Scheme Precinct/Estate Plan A Precinct/Estate Plan must be prepared for the whole or part of an approved Neighbourhood/Village Plan except in the case of Currimundi North (being the land contained within Plan No A dated 5/6/95) and the Upstream Island (being the land contained within Plan No B dated 30/3/89) where Plan Nos A and B or any subsequent amendment approved by the Minister or the Council shall be deemed to be the approved Precinct/Estate Plans for the purposes of the DCP The Precinct/Estate Plan must:- show the following:- the Subdivision layout with Iot boundaries; and the purposes for which each lot may be Developed under the Planning Scheme; and (iii) the lots which require a Site Development Plan; and (iv) movement networks including cycle and pedestrian linkages; and (v} open space provision; and (vi) water bodies; and comply with:- the Council's Subdivisional requirements; and the Minister's Subdivisional requirements where the Precinct/Estate Plan relates to land within Development Lease No 2; and (iii) the Development Criteria applicable to any purpose shown on the Precinct/Estate Development Plan; and (iv) the approved relevant Neighbourhood/Village Plan including any conditions of approval, Development Criteria and Urban Design Performance Criteria and Site Development Plan Design Parameters; and (v) the relevant conditions of approval of the Structure Plan including any Development Criteria; and _ (vi) the Development Documents; and (c) be prepared at the scale required by the Council and Minister Site Development Plan DCP 1 KAWANA WATERS 47

138 Caloundra City Council Planning Scheme A Site Development Plan must be prepared in respect of:- DPA's 6 and 8 shown on DCP 1 -Maps 1 and 3; and those parts of DPA's 1, 2, 3, 4, 5, 7 and 9 shown on DCP 1 -Maps 1 and 3 which are identified by the Detailed Planning Area Plan as requiring a Site Development Plan; and (c) those parts of the Urban designated areas within the DCP Area which are identified by a Precinct/Estate Plan as requiring a Site Development Plan The Plan of Development approved in respect of DPA 6 shall be deemed to be the Site Development Plan for that DPA for the purposes of the DCP The Site Development Plans that are required to be prepared in respect of DPA's 6 and 8 must:- show:- the Subdivision layout with lot boundaries; and the purpose for which each lot may be Developed; and (iii) the movement network including cycle and pedestrian linkages; and (iv) where appropriate, having regard to the size of the lot or nature of the Development, the following:- (A) building envelopes and set backs; and (B) indicative or detailed building layouts; and (C) private open space; and (D) access and parking provision; and (E) any boundaries on which the walls of the Building or associated Structures (other than fences up to 1.8 metres high) are proposed to be erected; and comprise a Supplementary Table of Development which is consistent with the provisions of the DCP relevant to the particular DPA; and (c) comply with the following:- the Council's Subdivisional requirements; and the Minister's Subdivisional requirements where the DPA comprises land in Development Lease No 2; and (iii) the Development Criteria applicable to any purpose shown on a Site Development Plan; and (iv) the Development Documents; and DCP 1 KAWANA WATERS 48

139 Caloundra City Council Planning Scheme (d) be prepared at a scale required by the Council The Site Development Plans that are required to be prepared in respect of DPA's 1, 2, 3, j 4, 5, 7 and 9 must:- show the matters set out in Section as well as:- open space provision; and water bodies; and comprise a Supplementary Table of Development which is consistent with the ~ ~ provisions of the DCP relevant to the particular DPA; and ~~ (c) comply with the matters set out in section (c) as well as:- ~ ~"i- ~ the a P Proved relevant Detailed Plannin g Area Plan includin g an Y conditions ~~ of approval, Development Criteria, Urban Design Performance Criteria and Site Development Plan Design Parameters; and for DPA's 1, 2, 4, 7 and 9 the conditions of approval of the Structure Plan including any Development Criteria; and f ~~(d) be prepared at a scale required by Council. ' ~ A Site Development Plan that is required to be prepared in respect of the Urban designated z ~ areas of the DCP Area that are identified in a Precinct/Estate Plan must:- t show the matters set out in section ; and i~ comply with the matters set out in section (c) as well as:- ~F~ the approved relevant Precinct/Estate Plan including any conditions of - approval and Development Criteria, and ~ t ~ ~.( ) the relevant conditions of approval of the Structure Plan and e:...~. J Neighbourhood/Village Plan including any Development Criteria, Urban Design Performance Criteria and Site Development Plan Design Parameters; i and (c) be prepared at a scale required by the Council. 4..~ 7.5 Application for Approval of Master Plans Requirement to Apply i Ana pp lication must be made to the Council, fora PProyal of:- that part of the Structure Plan, Neighbourhood/Village Plans, Detailed Planning Area Plans and Precinct/Estate Plans that relates to the Fre~hold._Land; and that part of all Precinct/Estate Plans which relate to Conditional Permitted ~~ :.. _I DCP 1 KAWANA WATERS 49

140 Caloundra City Council Planning Scheme Development that relates to land within Development Lease No 2; and (c) all Site Development Plans irrespective of whether they relate to the Freehold Land or Development Lease No 2. In accordance with the Development Agreement, applications must be made to the Minister ; for approval of that part of the Structure Plan, Neighbourhood Village Plans, Detailed( Planning Area Plans and Precinct/Estate Plans that relate to land within Development Lease No Sequencing of Applications An application to the Council for approval of a Master Plan shall not be approved by the Council pursuant to the DCP until any higher order Master Plan required by the DCP has been approved Form of Application The application for approval of a Master Plan shall be:- in writing; and specify:- the Master Plan for which approval is sought; and the street address, property description and area of the land to which the Master Plan relates; and (iii) the full name and postal address of the applicant; and (iv) that part of the Freehold Land and Development Lease No 2 to which the application relates; and (c} signed by the applicant; and (d) authorised in writing by the owner where the application is made by a person other than the owner; and (e) accompanied by six (6) copies of the Master Plan for which approval is sought; and (fl accompanied by the Prescribed Fee Service of Application Where application is made to the Council for approval of a Structure Plan pursuant to section 7.5.1, the application and accompanying Structure Plan must be submitted to State Government Departments within two (2) working days in accordance with this section and the Development Agreement Review of Structure Plan Where an application for approval of a Structure Plan is submitted to State Government Departments pursuant to section 7.5.4, the State Government Departments may lodge a DCP 1 KAWANA WATERS 50

141 Caloundra City Council Planning Scheme submission with the Council on the Structure Plan within twenty (20) days of the receipt of the Structure Plan Application for Amendment of Approved Master Plan An application for amendment of an approved Master Plan shall be made and determined in the same manner as an application for approval of a Master Plan. 7.6 Consideration of Master Plan Requirement to Consider The Council shall consider in accordance with the requirements of section 7.6, an application pursuant to section for approval of the Master Plan made to the Council Further Particulars The Council may within fourteen (14) days of the lodgement of the Master Plan with the Council request the applicant to provide such further particulars as are necessary to determine the Master Plan Making of Application An application is to be taken not to be duly made until:- all the provisions of section have been complied with; and the Master Plan submitted with the application has complied with the relevant provisions of section 7.4; and (c) the applicant has provided the particulars requested pursuant to section Timing of Determination The Council shall determine an application for approval of:- a Structure Plan:- within ninety (90) days after the application is taken to be duly made pursuant to section 7.6.3; or such further period not exceeding thirty (30) days as notified by the Council to the applicant in writing prior to the expiry of the time period in section -' 7.6.4; and a Neighbourhood/Village Plan or Detailed Planning Area Pian:- within sixty (b0) days after the application is taken to be duly made pursuant to section 7.6.3; or such further period not exceeding twenty (20) days as notified by the Council to the applicant in writing prior to the expiry of the time period in section 7.6.4{b); and (c) a Precinct/Estate Plan:- DCP 1 KAWANA WATERS 51

142 Caloundra City Council Planning Scheme within forty (40) days after the application is taken to be duly made pursuant to section 7.6.3; or such further period not exceeding twenty (20) days as notified by the Council to the applicant in writing prior to the expiry of the time period in section 7.6.4(c}; and (d) a Site Development Plan in respect of:- a Permitted Development in the Residential A Zone within twenty (20) days after the application is taken to be duly made pursuant to section 7.6.3; and Other Development within forty (40) days after the application is taken to be duly made pursuant to section (e) Subdivision or Development in accordance with the Act; and (fl more than one of the above applications within the time period specified for that application which has the longest time period pursuant to section (e) Council's Determination The Council may in respect of an application for approval of a Master Plan lodged with the Council pursuant to section 7.5.1:- approve the application; or approve the application subject to conditions; or (c) refuse the application Notice of Determination The Council shall give written notice to the applicant and the Minister of its determination under section within ten (10} working days of making its deternunation. DCP 1 KAWANA WATERS 52

143 Caloundra City Council Planning Scheme APPENDIX 1 COMMUNITY RECREATION &OPEN SPACE MODEL DCP 1 KAWANA WATERS 53

144 ~"~~ ~R~sid~~~,.~a~~ ~~~ ~~~~r~~t~c~r.~l ~oi~n~-~u~~i~ Iv1c~~~i ~. ~ ~l~stri~ct.+...~ ~. '~ ~I I ~ f 3. ~ ~ 15~!"1 Ct Pr~.l'~f,~~ _ ~ N~ighbour~~od t~ (i~ e Park k -~ f'reci~c~ f~ei hbour~~~d P`ar~. ~, '~~... ~ 4 Res i c~~ n ces Pr~r. ig~~t #park,.:. ~: ~; The r-r~ode~ ~~r the a~~r~ ~~a~e Hierarchy ~s theore~ica~, i n thae the area.i~s su#~~~c~ to pl~ysi.cal cconstrainfis which i~~fluen~~ parkland p~a~ce~m~nt, ~:~~ s~~~ and lo~cafixo~ a~f p~a~~la~:i~n catehmen#:~~, as will as ~acccss oppor~uniti~s. The ~~ac~el s~~~ ~l~e recx~a~far~~! ir~~t ~ of ~f~~ ~ar~r~r~~ ~}~ s o~. park as a ~r~e~' fqr the ~Urb~:n C~~si~ner~~ a~ well as ~f~r Caun~:i~ in its ral ~ as ~ianni~ng as~es~so~r~ and ~cus~o~l~iar~ of ~~e a~era :. ~pac~ network.

145 Caloundra City Council Planning Scheme The Community Recreation &Open Space Modet presented below identifies and sets -out an appropriate basis for the consistent assessment of the open space needs and requirements of communities of varying size and nature, in order to provide guidance to the urban designers and developers in the planning and development of parkland in parallel with the broader community development process. The model for the Open Space Hierarchy is theoretical, in that the area contained within the Development Control Area is subject to physical constraints which influence parkland placement and size and location of population catchments, as well as visibility and access opportunities. What it does do, is set out the recreational intent of the various types of park as a brief for the Urban Designer, as well as for Council in its role as planning assessor and custodian of the open space network. In addition to prescriptive size and service standards which act as "deemed to comply criteria", the model identifies performance parameters, based on interdependent variables which control demand and/or use patterns. These include:- 1. Population catchment or likely user numbers; 2. Travel distance relative to travel mode expected; 3. Type of recreational opportunity expected. It is essential to note that the order of parks is not a reflection of their importance to the community in meeting their recreational demand. Rather, it is a reflection of the size of the population catchment needed to support the recreational use and the degree of specialisation necessary to also perform the recreational functions (passive as well as active) over the range of parkland types and sizes. The open space components proposed within the model are indicative only of the minimum land requirements at the Master Planning stage and where "deemed to comply criteria" are not to be followed an accompanying report is to specify departures and the reasons therefore. What is important, however, is the provision of open space in close proximity to all dwellings (within 500 metres), with larger or more specialised areas occurring less frequently. DCP 1 KAWANA WATERS 54

146 Minimum The Bikeway Route Pedestrian Caloundra City Council Planning Scheme PEDESTRIAN PATHS & CYCLEWAYS Intent: To link or connect the surrounding residential and other active areas. DEEMED TO COMPLY CRITERIA: Catchment Population: Precinct Area Access Mode: Pedestrian and Bicycle Travel Distance or Time: Within 200 to 300 metres safe walking bicycling distance of precinct resident population. Minimum Requirements: width of linear system is to be 4m to accommodate a 2m paved pedestrian/bicycle path (1.2 metre width if only a pedestrian pathway required). routes are to be designed to maximise pedestrian and rider safety. routes to be designed to minimise the number of vehicular conflict points. Minimum Service Requirements: identification signage rider slow points or controlled access and crossing areas to minimise conflict with vehicle traffic. DCP 1 KAWANA WATERS 55

147 Caloundra City Council Planning Scheme LINEAR PARKS Recreational Intent: To link or connect focal parkland areas and other community activity areas and facilitate public access from the surrounding residential areas. To contribute to the recreational experience of the journey to recreational facilities, to work, school, etc. DEEMED TO COMPLY CRITERIA: Catchment Population: Neighbourhood Area Access Mode: Pedestrian and Bicycle Travel Distance or Time: 5-10 minute safe walking distance of resident population. Minimum Recreational Requirements: Minimum width of linear system is to be 4m. Rest spots are to be provided at approximately SOOm intervals along routes. Ideally this function would be provided by a Precinct or higher order Park. In the event that such a focal park area is not available, a shaded seating area, with drinking fountain, is to be provided beside, but not obstructing, the pathway route. ~ The routes are to be designed to maximise pedestrian and rider safety. Where possible, routes are to be visible to public observation for security against criminal and vandal activity as well as being adequately lit. Minimum Service Requirements: Park and Route Identification Signage. Water connections for maintenance and Park Users. Pedestrian/Rider slow points or controlled access and crossing areas to minimise conflict with vehicle traffic. Rubbish bins at each defined entry point. DESIRABLE ADDITIONAL RECREATIONAL OPPORTUNITIES: A 2m paved pedestrian bicycle path and some landscaping/shade planting to the sides. DCP 1 KAWANA WATERS 56

148 Caloundra City Council Planning Scheme PRECINCT PARKS Recreational Intent: To supplement private open space provisions and actively encourage social interaction within individual precincts. DEEMED TO COMPLY CRITERIA: Catchment Population: Precinct Area Access Mode: Pedestrian and Bicycle Travel Distance or Time: To be located within SOOm safe walking distance of resident population within the subject precinct. Minimum Recreational Requirements : Seatinglsmall group meeting area catering for 2 to 6 persons. Informal play/running space, clear of vegetation or other obstacles but within view of the seating area. The space is to have a generally flat topography to enable greatest utilisation and visibility. Sizes should generally be at Ieast 1000 sq. m. in area but smaller, more frequently distributed and visible areas down to 400 sq. m. in area could be acceptable where part of a linked network of such spaces designed to enhance residential amenity throughout precinct areas generally. Minimum Service Requirements: Park Identification Signage. Water tap connection for Park maintenance. Drinking Fountain/Tap for Park Users. Rubbish Bin at each entry point. DESIRABLE ADDITIONAL RECREATIONAL OPPORTUNITIES: Recreational Opportunities: Playground equipment to accommodate 5 to 10 children at any given time. A Communal BBQ and or picnic table/shelter, Services: Lighting for night time use and pedestrian safety. DCP 1 KAWANA WATERS 57

149 Caloundra City Council Planning Scheme NEIGHBOURHOOD PARKS Recreational Intent: To provide an area for social and active recreation interaction of residents within the Neighbourhood. For the purposes of this section of the criteria, Neighbourhood is described as "a residential dwelling cluster that provides a livable space that has appropriate pedestrian linkages to a neighbourhood focus, where the pedestrian has to walk no more than say 400 metres or 15 minutes '" walking time to the focus, planned and designed to achieve a f.~' recognisable identity". This park system recognises the topography, the natural open space and water bodies to be created and public access opportunities as of significant value in the neighbourhood recreation experience. Where in Birtinya, lakes with generally continuous linear park access, will dominate the recreation experience and in Parrearra the Canal/lake with navigable access will also dominate the recreation experience where the system of parks will provide each neighbourhood with appropriate soft edge access to the waterway. Subject to the foregoing criteria being met, and where practicable, Neighbourhood parks shall be located adjacent to esplanades and canals. DEEMED TO COMPLY CRITERIA: Catchment Population: Neighbourhood Area Access Mode: Pedestrian or bicycle, public or private transport. Travel Distance or Time: 400m or 5 minute drive. Minimum Recreational Requirements: Within each neighbourhood area, at least one such park area of not less than 4,000 sq. m., reasonably centrally located as to access and visibility within the neighbourhood, is to include the following space allocations for the following purposes:- toilets; Playground equipment; Pathways; Garden/Tree planting areas; Shelter shed/pavilion; Informal play areas to be 1,200 sq.m. minimum which can also be used as a more formalised meeting/seating area for up to 10 people, which has an overflow capacity of up to 40 or small spectator crowd to support the open space area if required. Such park to include the provision of:- DCP 1 KAWANA WATERS 58

150 Caloundra City Council Planning Scheme A playground area with appropriate equipment to accommodate 10 children at any one time. A Shelter Shed/Pavillion (minimum of lom2 shade area) Pathways appropriate to provide edges to the play space and linkages to the Neighbourhood residential min 2 metres wide and 60 metres in length. 2 BBQ and picnic tables. Minimum Service Requirements: 20m Frontage to Collector Road. Provision of indented parking within the road reserve. All Precinct Park Level Services. DESIRABLE ADDITIONAL RECREATIONAL OPPORTUNITIES: Service Requirements: Public Toilet Block. Public Telephone. (Subject to the Communications Providers Policy on the provision of such facilities.) Bus Stop and Shelter. Bike Racks for 12 to 15 bicycles Recreational Opportunities: Playground Area /Equipment to accommodate up to 20 children at any one time. Services: Adequate lighting for night time use and pedestrian safety. DCP 1 KAWANA WATERS 59

151 Caloundra City Council Planning Scheme VILLAGE PARKS Recreational Intent: In addition to encouraging social and recreational interaction at the neighbourhood level, these parks are to be specifically located and designed to support the community and civic function and amenity of the Village Centre. DEEMED TO COMPLY CRITERIA For the purposes of this section of the criteria Village is described as "the cluster of neighbourhoods that comprise a population catchment of up to 10,000 persons". This park system recognises the topography, the natural open space and water bodies to be created and public access opportunities as of significant value in the neighbourhood recreation experience. Where in Birtinya, lakes with generally continuous linear park access, will dominate the recreation experience and in Parrearra the Canal/lake with navigable access will also dominate the recreation experience where the system of parks will provide each neighbourhood with appropriate soft edge access to the waterway. Catchment Population: Village or Expanded Neighbourhood Area. Access Mode: Public Transport, private vehicle or bicycle. Travel Distance or Time: 10 minute drive. Minimum Recreational Requirements: All minimum recreational requirements of Neighbourhood Level Parks except the informal oval area clear of vegetation and with a flat free draining topography of at least 2ha. Within the Park System for each Village Area there needs to be at leapt one larger park area set aside to accommodate "village" scale recreational events. Such a park should contain informal oval areas clear of vegetation and with generally flat free-draining topography, and of a size and dimension of approximately S,000m2 with no club facilities permitted. Due to the scale of such a facility it may not be appropriate to locate it adjacent to the Village Centre. Such a park shall, however, have a clearly defined pedestrian/cycle access route linking it to the Village communities. Where such a facility is located away from the Village Centre, there needs to be alternative open space areas provided adjacent to the Village Centre of at least 3,000m2 ' in areas, and developed for either "Civic" or less formal recreational activities appropriate to a community recreation area of a Village nature. Parks adjacent to the Village Centre are to demonstrate a DCP 1 KAWANA WATERS 60

152 Caloundra City Council Planning Scheme direct relationship (physical as well as visual) with the Village Centre. The design is to express a degree of "ornamentation" that can be viewed as an expression of community identity. Such design elements are to be in concert with the architectural and landscaping style developed within the Village Centre. Ideally these spaces should perform the traditional function of the "Village Green". At Bokarina however specific criteria is attached to the makeup of the land for parks and community facilities and as such it is important to recognise those particular criteria in that detail design may determine that the park size will relate to its location and function. Such facilities may therefore be less than the areas quoted above but will total the areas described in DPA No. 2. A fenced Playground Area with appropriate equipment, to accommodate up to 20 children at any one time. Minimum Service Requirements: All minimum service requirements for Neighbourhood Level Park, however where possible such services should be integrated for shared use with the Village Centre. On-site parking for a minimum of 15 spaces to be provided for Village Parks. DESIRABLE ADDITIONAL RECREATIONAL OPPORTUNITIES Recreational Opportunities: Retail and or food outlets should be encouraged, where appropriate, within or adjacent to parkland areas to encourage patronage. 2 to 3 BBQ and or picnic table/shelters. Services: Adequate lighting to encourage night time use. DCP 1 KAWANA WATERS 61

153 Caloundra City Council Planning Scheme DISTRICT PARKS Recreational Intent: To provide for specialised recreational and sporting facilities which are accessible to and utilised by all Neighbourhood Units collectively. ~C DEEMED TO COMPLY CRITERIA: Catchment Population: All Neighbourhood Units/District. Access Mode: Public Transport and Private Vehicles. Travel Distance or Time: 10 to 15 minutes Minimum Recreational Requirements: All requirements of a Neighbourhood Level Park, ideally separated as a readily accessible and unencumbered section of the overall complex to facilitate use by the general public. DESIRABLE ADDITIONAL RECREATIONAL OPPORTUNITIES: Providing an attraction or level of specialised facilities which are unique within the District, and therefore unable to be provided for by lower level parks. Such proposals need to be assessed on their individual merits, size and service requirements. Upgrading and expansion, or addition to existing District Level Park facilities - such as the Kawana Sports Complex, to continue to cater for the projected population increase of about 25,000. Minimum Service Requirements: Not less than 40m frontage to either a major collector or sub-arterial road. All other Neighbourhood Park Level Services. ~~ a Recreational opportunities: Services: REGIONAL PARKS 3 to 4 BBQs and/or picnic table/shelters. Local Taxi Call Box and Rank. Underground Service Boxes to allow the informal oval or other parts of the site to accommodate visiting attractions such as Circus or Local Trade Shows to set up. The Park is to be well serviced by Public Transport with adequate provision and parking for not less than 4 buses onsite. On site parking should be increased to not less than 30 permanent car spaces on site with opportunity of using the informal oval to act as overflow parking areas when required for special events. DCP 1 KAWANA WATERS 62

154 Caloundra City Council Planning Scheme Recreational Intent: To provide extremely specialised facilities or unique attractions for recreational and sporting activities servicing the Sunshine Region as a whole. DEEMED TO COMPLY CRITERIA: Catchment Population: Regional Area of the Sunshine Coast and nearby Hinterland. Access Mode: Public Transport, Chartered Bus and Private Vehicles. Travel Distance or Time: 45 minutes to 1 hour (depends on event) Minimum Recreational Requirements: Providing an attraction or level of specialised facilities which are unique within the Region, and therefore unable to be provided for by lower level parks. Such proposals need to be assessed on their individual merits, size and service requirements. ~ Expansion and addition to the district level facilities such as provided by the Kawana Sports Complex will overlap to provide for a Regional Level Venue for Inter District Sporting Competition. Given the proximity to Brisbane and size of the Regional Population, this combining of District and Regional Level function is to be encouraged in preference to developing isolated facilities. Equally, development of such facilities west of the existing Kawana Sports Complex may yield opportunities to integrate it with and establish a physical link to the existing, neighbouring National Park. Clearly, with appropriate access and service provisions, the National Park could be promoted as a unique and natural attraction for the Region. Minimum Service Requirements: Must be accessed from Major Arterial Routes and be adequately serviced by Public Transport and private Charter Bus Services. DCP 1 KAWANA WATERS 63

155