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Queensland
LOCAL GOVERNMENT
(ROBINA TOWN CENTRE
PLANNING AGREEMENT)
BILL 1992
Queensland
LOCAL GOVERNMENT (ROBINA TOWN
CENTRE PLANNING AGREEMENT)
BILL 1992
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3 Rezoning of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4 The planning agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5 Status of planning agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
6 Amendment of planning agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 Transfer of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8 Crown and constructing authorities not bound . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 20
ROBINA TOWN CENTRE PLANNING AGREEMENT
SECTION 1
STRUCTURE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SECTION 2
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SECTION 3
OBLIGATIONS OF PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Obligations of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Obligations of Robina and Robina Properties . . . . . . . . . . . . . . . . . . . . . . . 26
Timing of Certain Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Modification of Obligations--Reduction in Shops . . . . . . . . . . . . . . . . . . . 27
2
Local Government (Robina Town Centre
Planning Agreement) Bill
Suspension of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Kerrydale Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Particular Obligations of Robina Properties . . . . . . . . . . . . . . . . . . . . . . . . . 28
SECTION 4
BONDING, SECURITY AND RELEASE OF PLANS . . . . . . . . . . . . . . . . . 29
Statement of Intent--Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
General Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Form of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Review of Security Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Restoration of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Release of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Partial Release of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Statement of Intent--Mode of Development . . . . . . . . . . . . . . . . . . . . . . . . 31
Sealing of Plans--Single Service District Basis . . . . . . . . . . . . . . . . . . . . . 32
Completion of Relevant Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Sealing of Plans--Multiple Service District Basis . . . . . . . . . . . . . . . . . . . 33
Default in completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Extensions of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Sealing of Plans--Robina Town Centre Core . . . . . . . . . . . . . . . . . . . . . . . 35
Development Control--Robina Town Centre Core . . . . . . . . . . . . . . . . . . . 36
Sealing of Plans--Management Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Restriction on Transfer of Management Lots . . . . . . . . . . . . . . . . . . . . . . . . 36
Earlier Sealing of Plans--Additional Security . . . . . . . . . . . . . . . . . . . . . . . 37
SECTION 5
DEFAULT BY ROBINA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Notice of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Reasonable Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Suspension of Time--Dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Council May Act in Public Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Council's Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Application of Monies Received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
3
Local Government (Robina Town Centre
Planning Agreement) Bill
Council's Rights of Recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Alternate Remedy--Direct Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Council's Right to Enter Upon Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Time for Rectification by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SECTION 6
RELEASE OF ROBINA AND ROBINA PROPERTIES . . . . . . . . . . . . . . . 42
Completion of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Release in Other Circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
SECTION 7
SALE AND TRANSFER OF LAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Statement of Intent--General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Statement of Intent--Major and Minor Obligations . . . . . . . . . . . . . . . . . . 43
Statement of Intent--Performance of Major Infrastructure Obligations . . . 44
Statement of Intent--Performance of Minor Obligations . . . . . . . . . . . . . . 44
Statement of Intent--Council's Approach . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Sale and Transfer--Major Infrastructure Obligations . . . . . . . . . . . . . . . . . 45
Robina to Apply for Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Application for Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Decision on Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Sale and Transfer--Minor Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Application for Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Consent if Deed Submitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Consent in Other Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Consent to Sale of Last Allotment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Conditions on Consent to Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Certificate as to Completion of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . 49
Consent Not Required Where Obligations Satisfied . . . . . . . . . . . . . . . . . . 49
Definition of Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Single Deed Only Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
No Cost to Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Continuing Liability of Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
4
Local Government (Robina Town Centre
Planning Agreement) Bill
Release from Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
SECTION 8
SPECIFICATION AND MAINTENANCE OF WORKS . . . . . . . . . . . . . . . 51
Approval of Specification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Final Specification of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Time for Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Notice of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Maintenance Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Council to Assume Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
No Release of Duty of Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
SECTION 9
INSPECTION OF WORKS BY THE COUNCIL . . . . . . . . . . . . . . . . . . . . . 54
Right of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
SECTION 10
SETTLEMENT OF DISPUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Reference to Expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Default of Joint Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Qualifications of Expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Function and Powers of Expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Effect of Expert's Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Application to Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Powers of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Agreement that Expert's Decision Final . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
SECTION 11
SUBSEQUENT APPROVALS TO BE CONSISTENT WITH
THIS AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Scope of Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Limit on Power to Impose Further Conditions . . . . . . . . . . . . . . . . . . . . . . . 61
No Other Fetter on Subsequent Applications . . . . . . . . . . . . . . . . . . . . . . . . 61
Other Approvals to be Consistent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
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Local Government (Robina Town Centre
Planning Agreement) Bill
SECTION 12
TRANSFERS OF LAND TO THE CROWN OR THE COUNCIL . . . . . . . 63
Required Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
SECTION 13
GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Payment of Moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Waiver by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Waiver by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Notice of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Robina Project Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
SECTION 14
INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Relevant Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Statements of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Other Laws Apply Except where Inconsistent . . . . . . . . . . . . . . . . . . . . . . . 66
Schedules Part of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Plans, Tables, Drawings and Documents--Identification . . . . . . . . . . . . . . 66
Plans, Tables, Drawings and Documents--Open to Inspection . . . . . . . . . 67
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
FIRST SCHEDULE . . . . . . . . . . . . . . . . . . . 75
SECOND SCHEDULE . . . . . . . . . . . . . . . . 78
PART 1
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Rezoning Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Master Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Deficiencies in Existing Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Required Method of Development Control . . . . . . . . . . . . . . . . . . . . . . . . . 79
6
Local Government (Robina Town Centre
Planning Agreement) Bill
Areas and Precincts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Stages of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Earthworks Zones and Service Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Importance of Identifying Zones and Districts . . . . . . . . . . . . . . . . . . . . . . 82
PART 2
PLANNING INTENTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Regional Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Planning Concepts and Intentions--Structure Plan . . . . . . . . . . . . . . . . . . . 85
Planning Concepts and Intentions--Master Plan . . . . . . . . . . . . . . . . . . . . . 86
Intent of the Structure Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Public Transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Open Space and Pathways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Landscape/Townscape Design and Siting Controls . . . . . . . . . . . . . . . . . . . 91
Innovative Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
PART 3
ROADS AND ROADWORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Road Network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Acceptance by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Reliance on Network by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Acquisition of External Road Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Robina Not Responsible for Additional Costs . . . . . . . . . . . . . . . . . . . . . . . 94
Robina's Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Interpretation of Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Special Provision--Mudgeeraba Interchange Connection . . . . . . . . . . . . . 95
Suspension of Certain External Obligations . . . . . . . . . . . . . . . . . . . . . . . . . 96
Suspension of Certain Internal Obligations . . . . . . . . . . . . . . . . . . . . . . . . . 97
Planning for Additional Interchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
General Construction Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
No Other External Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
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Local Government (Robina Town Centre
Planning Agreement) Bill
Integrated Roadside Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Provision for Signalisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
PART 4
WATER SUPPLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Ordinary Rates of Headworks Charge Applicable . . . . . . . . . . . . . . . . . . . 101
Time for Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Application of Headworks Policy to Golf Course . . . . . . . . . . . . . . . . . . . 101
Calculation of Equivalent Population (non-residential) . . . . . . . . . . . . . . 101
Development Entitlement (non-residential) . . . . . . . . . . . . . . . . . . . . . . . . 102
Additional Headworks (non-residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Calculation of Equivalent Population (residential) . . . . . . . . . . . . . . . . . . 103
Development Entitlement (residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Additional Headworks (residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
No Refund of Contributions Paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Regional Context--Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Construction by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
No Plans to be Sealed until Water Available . . . . . . . . . . . . . . . . . . . . . . 105
Mode of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Specific Timing of Certain Construction . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Headworks Credits for Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Credits Carried Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Administration of Moneys Payable and EPC . . . . . . . . . . . . . . . . . . . . . . . 107
When Credit Arises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Population Distribution Indicative Only . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Alternate Schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Grant of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
PART 5
SEWERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
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Ordinary Rates of Headworks Charge Applicable . . . . . . . . . . . . . . . . . . . 110
Time for Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Application of Headworks Policy to Golf Course . . . . . . . . . . . . . . . . . . . 110
Calculation of Equivalent Population (non-residential) . . . . . . . . . . . . . . 110
Development Entitlement (non-residential) . . . . . . . . . . . . . . . . . . . . . . . . 111
Additional Headworks (non-residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Calculation of Equivalent Population (residential) . . . . . . . . . . . . . . . . . . 112
Development Entitlement (residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Additional Headworks (residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
No Refund of Contributions Paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Regional Context--Sewerage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Construction by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
No Plans to be Sealed until Sewerage Available . . . . . . . . . . . . . . . . . . . 114
Mode of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Headworks Credits for Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Credits Carried Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Administration of Moneys Payable and EPC . . . . . . . . . . . . . . . . . . . . . . . 116
When Credit Arises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Population Distribution Indicative Only . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Alternate Schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Grant of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
PART 6
PARKS--OPEN SPACE--PATHWAYS/BIKEWAYS AND
LANDSCAPING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Provision of Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Partial Satisfaction by Certain Required Transfers . . . . . . . . . . . . . . . . . . 118
Development of Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Pedestrian/Bikeway Network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Pedestrian Bikeway Construction Requirements . . . . . . . . . . . . . . . . . . . . 119
Highway Buffer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Community Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
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Plan of Balance Open Space Requirement . . . . . . . . . . . . . . . . . . . . . . . . 120
Amendment of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Dedication of Balance Open Space Requirement . . . . . . . . . . . . . . . . . . . 121
Open Space Not to be Dealt With . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Requirements Exhaustive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Prohibition on Further Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
PART 7
WATERWAYS AND WEIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Merrimac Drainage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Definitions and Specification of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Widening of Mudgeeraba Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Disposal of Spoil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Land Transfer and Easement Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Resumption of Waterways Reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Specifications--Waterways and Water Bodies . . . . . . . . . . . . . . . . . . . . 125
Timing and Staging of Earthworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Standards of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Control of Erosion/Siltation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Bridge, Weir and Lock Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Robina Contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Height of Mudgeeraba Creek Bridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Robina To Carry Out Additional Work in Certain Circumstances . . . . . . 128
PART 8
COMMUNITY FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Lease of Public Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Terms of Public Library Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Lease of Community Centre--Council's Notice . . . . . . . . . . . . . . . . . . . . 130
Lease of Community Centre--Robina's Notice . . . . . . . . . . . . . . . . . . . . 130
Terms of Community Centre Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Failure to Agree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Operation of Community Centre/Library . . . . . . . . . . . . . . . . . . . . . . . . . . 132
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PART 9
PLAN OF DEVELOPMENT--ROBINA TOWN CENTRE CORE . . . . . . 133
Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Section 1
Intent of the Plan of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Relation to Strategic Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Role of Robina Town Centre Core . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Section 2
Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Permissible Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Environmental Impact Assessment Required . . . . . . . . . . . . . . . . . . . . . . . 136
Section 3
Vehicle Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Principles, Guidelines and Planning Requirements . . . . . . . . . . . . . . . . . . 136
Parking Need Assessment for each Precinct . . . . . . . . . . . . . . . . . . . . . . . 139
Off-Site Parking Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Acceptance of Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Building Not to be Used Unless Spaces Provided . . . . . . . . . . . . . . . . . . 140
Off-site Spaces must be Maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Commercial Parking Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Development of Car Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Section 4
General Development Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Exclusion of clause 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Development Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Relaxation Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Toilet Facilities/Parent's Rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
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Design of Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Building Heights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Urban Design Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Section 5
Final Development Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Final Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Requirements for Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Requirements for Concept Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Consideration of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Decision on Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Ground for Refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Conditions Run with Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Consideration of Building Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Certificate of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Section 6
Variation of Plan of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Power to Vary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
PART 10
DEVELOPMENT REQUIREMENTS--SPECIAL BUSINESS ZONE . . . 149
Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Vehicle Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
General Development Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Concept Plans to Form Part of Application . . . . . . . . . . . . . . . . . . . . . . . . 150
Additional Matters for Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Power and Ground of Refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Building Approvals to be Consistent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
PART 11
DEVELOPMENT REQUIREMENTS--KERRYDALE LAND . . . . . . . . . 152
Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
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Kerrydale Plan of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Kerrydale Development Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Detailed Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Requirements for Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Requirements for Concept Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Consideration of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Decision on Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Ground for Refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Conditions Run with Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Consideration of Building Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Certificate of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
PART 12
GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Public Transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Construction Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Precincts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Earthworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Removal of Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Preservation of Historic Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Downstream Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Service Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Environmental Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Reclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Record of Reclamation Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Calculation of Reclamation Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
PART 13
OBLIGATIONS OF COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Support for Elements and Objectives of Agreement . . . . . . . . . . . . . . . . . 165
Support for Innovation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
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Best Endeavours to Secure Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Performance of Work by Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Council's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Performance of Work by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Securing Road Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Sewerage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Mudgeeraba Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Surrender of Easements etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Enforcement of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Community Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Provision of Services and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Use of Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Road Opening and Closure--Christine Avenue . . . . . . . . . . . . . . . . . . . . . 168
Negotiations with Department of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Change of Place Name of Combined Site . . . . . . . . . . . . . . . . . . . . . . . . . 169
1992
A BILL
FOR
An Act to provide for the approval of an agreement relating to the
planning and development of certain land at Robina in the Shire
of Albert, and for other purposes
16
Local Government (Robina Town Centre
Planning Agreement) Bill
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
title 4
Short
This Act may be cited as the Local Government (Robina Town 5
Clause1.
Centre Planning Agreement) Bill 1992. 6
7
Definitions
In this Act-- 8
Clause2.
"existing planning scheme" means the scheme that, for the purposes of 9
the Local Government (Planning and Environment) Act 1990, was the 10
planning scheme for the Shire of Albert immediately before the 11
commencement of this Act; 12
"planning agreement" means-- 13
(a) the Robina Town Centre Planning Agreement-- 14
(i) that was made between Robina Land Corporation Pty Ltd 15
ACN 010 159 387 ("Robina"), Robina Properties Pty Ltd 16
ACN 010 147 038 ("Robina Properties") and the Council 17
of the Shire of Albert (the "Council") on 18 September 18
1992; and 19
(ii) a copy of which is set out in the Schedule (other than the 20
zoning plan identified as Drawing No. 8951 B, which is 21
held, and may be inspected, at the office of the Council, and 22
is reproduced in the Schedule in a modified form); or 23
(b) if the agreement mentioned in paragraph (a) is amended by a 24
further agreement approved by the Governor in Council by 25
regulation-- the agreement as so amended; 26
"site" means the land referred to in Parts 1 and 2 of the First Schedule of 27
the planning agreement. 28
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Local Government (Robina Town Centre
Planning Agreement) Bill
of land 1
Rezoning
The land referred to in Part 1 of the First Schedule of the planning 2
Clause3.
agreement is-- 3
(a) excluded from its zoning under the existing planning scheme; and 4
(b) included in the zones referred to in Part 4 of the First Schedule of 5
the planning agreement, as provided for in that Part. 6
planning agreement 7
The
Each party to the planning agreement, so far as the planning 8
Clause4.
agreement applies to the site-- 9
(a) is taken to have been authorised to enter into the planning 10
agreement; and 11
(b) may do anything the planning agreement authorises it to do; and 12
(c) must do everything that it is required to do under the planning 13
agreement. 14
of planning agreement 15
Status
The planning agreement, so far as it applies to the site, has the 16
Clause5.(1)
force of law. 17
(2) From the commencement of this Act, for the purposes of the Local 18
Government (Planning and Environment) Act 1990, the planning scheme 19
for the Shire of Albert applicable to the site consists of-- 20
(a) subject to subsection (3), the existing planning scheme; and 21
(b) the planning agreement. 22
(3) If there is an inconsistency between the planning agreement and-- 23
(a) the existing planning scheme; or 24
(b) a by-law made by the Council of the Shire of Albert (whether 25
before or after the commencement of this Act); or 26
(c) the Local Government (Planning and Environment) Act 1990 as 27
in force at the commencement of this Act; or 28
18
Local Government (Robina Town Centre
Planning Agreement) Bill
(d) the Building Act 1975 as in force at the commencement of this 1
Act; 2
the planning agreement prevails to the extent of the inconsistency. 3
(4) To remove any doubt, it is declared that, if the existing planning 4
scheme is amended or superseded after the commencement of this Act, the 5
amendment or the superseding scheme does not apply to the site. 6
of planning agreement 7
Amendment
Clause6.(1) In this section-- 8
"further agreement" means a further agreement mentioned in paragraph 9
(b) of the definition "planning agreement". 10
(2) The requirements of the Local Government (Planning and 11
Environment) Act 1990 that apply up to, but not including, the giving of 12
approval by order in council if a local authority proposes to amend a 13
planning scheme apply in respect of a further agreement that is proposed to 14
be submitted to the Governor in Council for approval by regulation. 15
of land 16
Transfer
A person who becomes the registered proprietor of land in the 17
Clause7.(1)
site is, with respect to the land, bound by the planning agreement as if the 18
person had become a party to the agreement instead of Robina and Robina 19
Properties. 20
(2) Subsection (1) does not affect the operation of a provision of the 21
planning agreement that applies only to a person who becomes the 22
registered proprietor of land in the site. 23
Example--Subsection (1) does not affect the operation of a provision of the 24
planning agreement that requires a subsequent purchaser of land 25
in the site to lodge security additional to that which would have 26
been required from Robina or Robina Properties. 27
and constructing authorities not bound 28
Crown
Clause8. Nothing in this Act or the planning agreement binds-- 29
19
Local Government (Robina Town Centre
Planning Agreement) Bill
(a) the Crown; or 1
(b) a constructing authority (within the meaning of the Acquisition of 2
Land Act 1967) in relation to its acquisition and use of land in the 3
site. 4
5
Regulations
The Governor in Council may make regulations for the purposes 6
Clause9.
of this Act. 7
20
Local Government (Robina Town Centre
Planning Agreement) Bill
CHEDULE 1
¡S
OBINA TOWN CENTRE PLANNING AGREEMENT 2
R
THIS AGREEMENT is made the 18th day of September 1992 3
BETWEEN 4
PARTIES 5
ROBINA LAND CORPORATION PTY. LTD. ACN 010 159 387 a 6
company incorporated in the State of Queensland and having its registered 7
office at 34 Glenferrie Drive Robina in the State of Queensland (hereinafter 8
called "Robina") 9
AND 10
ROBINA PROPERTIES PTY. LTD. ACN 010 147 038 a company 11
incorporated in the State of Queensland and having its registered office at 34 12
Glenferrie Drive Robina in the State of Queensland (hereinafter called 13
"Robina Properties") 14
AND 15
COUNCIL OF THE SHIRE OF ALBERT of Nerang-Southport Road 16
Nerang in the State of Queensland (hereinafter called "the Council") 17
ECTION 1 18
S
TRUCTURE OF AGREEMENT 19
´S
1. This Agreement is divided into the following sections and parts:-- 20
Section 1 (Cl. 1) Structure of Agreement 21
Section 2 (Cl. 2) Recitals 22
Section 3 (Cl. 39) Obligations of Parties 23
Section 4 (Cl. 1027) Bonding, Security and Release of 24
21
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Plans 1
Section 5 (Cl. 2837) Default by Robina 2
Section 6 (Cl. 3839) Release of Robina and Robina 3
Properties 4
Section 7 (Cl. 4061) Sale and Transfer of Land 5
Section 8 (Cl. 6268) Specification and Maintenance of 6
Works 7
Section 9 (Cl. 69) Inspection of Works by the Council 8
Section 10 (Cl. 7078) Settlement of Disputes 9
Section 11 (Cl. 7982) Subsequent Approvals to be 10
Consistent with this Agreement 11
Section 12 (Cl. 83) Transfers of Land to the Crown or the 12
Council 13
Section 13 (Cl. 8492) General 14
Section 14 (Cl. 9399) Interpretation 15
THE FIRST SCHEDULE 16
Part 1 Description of the subject land 17
Part 2 Description of the Kerrydale Land 18
Part 3 Present Zone 19
Part 4 Proposed Zone 20
Part 5 Description of Robina Town Centre Core 21
Part 6 Plan of Combined Site 22
THE SECOND SCHEDULE 23
Part 1 Introduction 24
22
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Part 2 Planning Intentions 1
Part 3 Roads and Roadworks 2
Part 4 Water Supply 3
Part 5 Sewerage Reticulation 4
Part 6 Parks, Open Space, Pathways, Bikeways and Landscaping 5
Part 7 Waterways and Weirs 6
Part 8 Community Facilities 7
Part 9 Plan of Development--Robina Town Centre Core 8
Part 10 Development requirements--Special Business Zone 9
Part 11 Development requirements--Kerrydale Land 10
Part 12 General 11
Part 13 Obligations of Council 12
23
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECTION 2 1
S
ECITALS 2
´R
2. WHEREAS: 3
2.1 Robina and Robina Properties are between them the 4
registered proprietors of an estate in fee simple in all that 5
land more particularly described in Part 1 of the First 6
Schedule ("the subject land") and Part 2 of the First 7
Schedule ("the Kerrydale land"); 8
2.2 Robina proposes to develop the subject land as a regional 9
business, commercial and community centre over an 10
extended period estimated at 25 years; 11
2.3 The Kerrydale land is zoned to permit its development as a 12
golf course, hotel, accommodation units and public open 13
space and Robina proposes, at the Council's request, to 14
integrate its development with the development of the 15
subject land; 16
2.4 It is Robina's intention that substantial elements of the final 17
development on both parcels of land ("the combined site") 18
be carried out by others on allotments subdivided from the 19
combined site and acquired from Robina; 20
2.5 The nature of Robina's proposal is such that while the major 21
infrastructure requirements to service it can be particularised 22
and specified with the required level of detail and certainty, 23
the details of the final form of the development are not able 24
to be specified except in terms of:-- 25
2.5.1 statements of planning intent describing the proposed 26
development in terms of uses to be undertaken, 27
facilities to be provided, objectives to be achieved 28
and the planning and social character of the final 29
development; 30
24
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
2.5.2 concept plans containing illustrations or examples of 1
how the statements of intent might be implemented; 2
2.6 The proposal has been the subject of a public notice process 3
and the public has had the opportunity to comment on or 4
object to the development; 5
2.7 Following that process, the Council considers that, in the 6
public interest, the development ought to be supported; 7
2.8 The timing, order of development and final form of each 8
part of the development (and hence the development as a 9
whole) will depend upon market demand and related 10
commercial and financial factors; 11
2.9 Accordingly, the approval and development control process 12
required to allow the development to proceed while 13
safeguarding the public interest in securing orderly and 14
properly serviced development involves:-- 15
2.9.1 the imposition of legally enforceable obligations 16
securing provision by Robina of the necessary 17
infrastructure; 18
2.9.2 the provision of certainty to Robina as to the scope 19
and limit of those obligations; 20
2.9.3 ensuring that, in exchange for assuming those 21
obligations, Robina is given a legally effective 22
approval to carry out the whole of the development; 23
2.9.4 implementing a secondary planning approval process 24
for each part of the final development by which the 25
Council can ensure, in the public interest, that each 26
final development proposal is serviced by the 27
necessary infrastructure and is consistent with the 28
statements of intent; 29
2.10 The Local Government (Planning and Environment) Act 30
1990 does not provide a means or framework by which that 31
process may be implemented (though the mechanisms 32
under that Act for exclusion of land from its existing zone 33
25
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
and including it in another zone appropriate to a development 1
proposal, for obtaining the consent of the Council to use land 2
for particular purposes, for notification of conditions of 3
permitted development and for obtaining approval to 4
subdivide land are relevant to the proposed development and 5
have a role to play in the overall process); 6
2.11 The parties have accordingly determined to enter into an 7
Agreement for the purpose of establishing the required 8
process in contemplation the legal power so to do being 9
conferred on them by enabling legislation and in 10
contemplation of that legislation excluding the subject land 11
from the present zone and including it in the proposed zone, 12
the parties therefore now enter into this Agreement for the purposes 13
aforesaid and acknowledge, undertake and agree as follows. 14
26
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECTION 3 1
S
OBLIGATIONS OF PARTIES 2
´
of Council 3
´Obligations
3. Upon the subject land being excluded from the present zone and 4
included in the proposed zone and this Agreement having the force 5
of law, the Council must do all things which by this Agreement it 6
has undertaken to do within the period or periods set forth in this 7
Agreement. 8
of Robina and Robina Properties 9
´Obligations
4. Upon the subject land being excluded from the present zone and 10
included in the proposed zone and this Agreement having the force 11
of law, Robina and Robina Properties must do all things which by 12
this Agreement each has undertaken to do within the period or 13
periods set forth in this Agreement. 14
of Certain Obligations 15
´Timing
5. Without limiting the generality or plain meaning of clause 4, it is 16
acknowledged by the Council that, except to the extent (if any) 17
otherwise specifically and unequivocally set forth in this 18
Agreement:-- 19
5.1 obligations to carry out works which are to be provided in 20
conjunction with or by the commencement of the use of 21
Stage 1 are not required to be completed any earlier than the 22
time of completion of Stage 1; 23
5.2 if Robina commences development in any Service District 24
other than the Service District/s which contain/s Stage 1, 25
Robina's only obligations hereunder are to perform the 26
relevant obligations (Service District) associated with that 27
Service District. 28
To avoid any doubt, this clause does not operate to bring forward 29
the time for completion of any obligations in respect of which a later 30
27
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
date or time for performance has been specified or which are 1
contemplated to be completed subsequent to completion of Stage 1. 2
of Obligations--Reduction in Shops 3
´Modification
6. If the major shopping development in Stage 1 is proposed to have a 4
net lettable shop floor area of less than 40,000 square metres at the 5
time a certificate of classification for the first shop building is 6
issued, then the Council must determine the extent to which the 7
obligations otherwise required to be performed by the completion of 8
Stage 1 should be modified or postponed as a consequence of the 9
proposed reduction in the net lettable shop floor area of the major 10
shopping development. 11
of Obligations 12
´Suspension
7. Where any of Robina's obligations cannot be performed until the 13
occurrence of another event or act to be performed by the Council or 14
third parties, then notwithstanding any other requirement as to time 15
for performance of the obligation, but subject to any specific 16
provision to the contrary elsewhere herein:-- 17
7.1 the obligation is not required to be performed until the 18
occurrence of that event or act; 19
7.2 where performance of the obligation is a precondition of 20
Robina being entitled to a right or benefit under this 21
Agreement, the performance of the obligation by that time is 22
no longer a precondition of that right or benefit; and 23
7.3 the obligation must be performed by Robina upon the 24
occurrence of the event or act. 25
Land 26
´Kerrydale
8. It is agreed that:--- 27
8.1 the provisions of this Agreement extend to and apply to the 28
Kerrydale land; 29
8.2 the requirements which would otherwise apply to the 30
development of the Kerrydale land by virtue of its rezoning 31
pursuant to the Council's approval of Rezoning Application 32
28
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
2061 are modified by this Agreement in that:-- 1
8.2.1 the requirements set out in Part 11 of the Second 2
Schedule are those which must be performed 3
specifically in relation to development of the 4
Kerrydale land in consequence of its rezoning 5
pursuant to Rezoning Application 2061 (in lieu of the 6
conditions originally imposed by the Council on its 7
approval of that application); 8
8.2.2 the other obligations and requirements in relation to 9
development of the Kerrydale land for the purposes 10
permitted by its rezoning are those contained in this 11
Agreement which relate or are capable of relating to 12
the Kerrydale land. 13
Obligations of Robina Properties 14
´Particular
9. Upon the subject land being excluded from the present zone and 15
included in the proposed zone and this Agreement having the force 16
of law, Robina Properties must:-- 17
9.1 at all times thereafter allow Robina and the Council full, free 18
and uninterrupted right and liberty to enter upon all parts of 19
the combined site owned by it for the purpose of enabling 20
either of those parties to undertake, carry out, provide and do 21
or cause to be undertaken, carried out, provided and done 22
any work matter or thing which either may be required or 23
authorised so to do under this Agreement or otherwise under 24
any approval or law relating to the proposed development in 25
accordance with or as contemplated by this Agreement; and 26
9.2 thereafter be bound by the provisions of Section 7 hereof in 27
respect of any transfer of land owned by it. 28
29
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECTION 4 1
S
BONDING, SECURITY AND RELEASE OF PLANS 2
´
of Intent--Security 3
´Statement
10. It is acknowledged to be the common intent of the parties with 4
respect to the provision of security for performance by Robina of its 5
obligations hereunder that:-- 6
7
10.1 Robina must lodge and maintain a security (to the initial 8
value of $750,000.00) as a general and continuing security 9
for the performance of all its obligations and the obligations 10
of Robina Properties hereunder; 11
10.2 given that Robina and Robina Properties intend to sell parts 12
of the combined site as separate parcels to third parties, the 13
Council regards its ability under this Agreement and 14
otherwise at law to withhold sealing and/or release of plans 15
of subdivision until performance of relevant obligations by 16
Robina and Robina Properties as being (with the said 17
security) a sufficient means by which to secure performance 18
of those obligations; 19
10.3 accordingly, Robina will not generally be required to lodge 20
further security for performance of its obligations; 21
10.4 the Council holds the view set out in clause 10.2 only while 22
Robina remains solely responsible for performance of those 23
obligations and will not necessarily hold the same view once 24
ownership of the combined site is fragmented and the 25
Council is dealing with a multiplicity of obligated persons. 26
Accordingly, other parties may be required to lodge further 27
security upon a transfer of obligations in accordance with 28
Section 7. 29
30
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Bond 1
´General
11. To give effect to clause 10.1 and to secure to the Council the due 2
performance and fulfilment by Robina of its obligations under this 3
Agreement and under subsequent applications, Robina will obtain at 4
Robina's own cost and expense in favour of the Council and deposit 5
with it on the execution hereof a bond in a form approved by the 6
Council ("the General Bond") granted by a bank or financial 7
institution ("the obligor") approved in writing by the Council 8
providing for the payment to the Council by the obligor of the sum 9
of $750,000.00 or so much thereof as shall be owing or payable by 10
Robina under this Agreement. 11
of Security 12
´Form
12. The General Bond must:-- 13
12.1 provide for the payment of the bonded amount or part 14
thereof at any time or times forthwith upon receipt by the 15
obligor of a certificate signed by the Shire Clerk that a sum 16
of money to be set out therein is payable by Robina to the 17
Council pursuant to the provisions of this Agreement; and 18
12.2 otherwise contain such terms and conditions as are 19
reasonable and relevant. 20
of Security Amount 21
´Review
13. The amount for which the General Bond is security may, at the 22
election of the Council, be adjusted at intervals of not less than five 23
years commencing from the date of this Agreement. The adjusted 24
bond amount shall be that amount which bears the same proportion 25
to $750,000.00 as the Consumer Price Index figure (All 26
Groups--City of Brisbane) for the December quarter prior to the 27
adjustment date bears to 213.8 being that figure for the December 28
quarter 1991. Robina must cause the amount of the General Bond 29
to be adjusted within thirty (30) days of the Council exercising its 30
rights under this clause. 31
of Security 32
´Restoration
14. In the event that any part of the General Bond is estreated by the 33
31
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Council hereunder, Robina will, if required by the Council and 1
within thirty (30) days of receipt of notice in that behalf, take such 2
action as is necessary to restore the amount for which it is effective 3
as security to the sum of SEVEN HUNDRED AND FIFTY 4
THOUSAND DOLLARS ($750,000.00) or such other sum as is 5
required having regard to any application of clause 13 and/or clause 6
16. 7
of Security 8
´Release
15. Upon Robina performing and fulfilling its obligations under this 9
Agreement, the Council must within fourteen (14) days thereafter 10
release and discharge the obligor(s) from any bonds. 11
Release of Security 12
´Partial
16. In the event that at any time the Engineer's estimate of the fair 13
estimated cost of completing the works remaining to be performed 14
or completed by Robina (including 5% of the value of any works in 15
respect of which a defects liability period is current) is less than the 16
amount for which the General Bond is effective as security, the 17
Council must within fourteen (14) days after a request by Robina in 18
that behalf certify in writing to that effect and immediately thereupon 19
the amount for which the General Bond is effective as security is 20
reduced to the amount of the Engineer's estimate. 21
of Intent--Mode of Development 22
´Statement
17. Robina may from time to time elect to:-- 23
17.1 carry out the proposed development on a single Service 24
District by single Service District basis in which event it is 25
entitled to the sealing and release of plans of subdivision 26
within the one Service District under development upon 27
request and at any time but is obliged to fully complete 28
construction of all subdivision works and infrastructure to 29
service the Service District before being entitled to release of 30
any plans in another Service District proposed to be 31
developed ("Single Service District basis"); or 32
17.2 carry out the proposed development by commencing and 33
carrying out work in more than one Service District at the 34
32
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
same time, with development in those Service Districts not 1
necessarily being sequential to previously completed Service 2
Districts or other Service Districts under development, in 3
which event plans of subdivision will not be sealed and 4
released until Robina has substantially completed all 5
subdivision works and infrastructure relevant to the 6
subdivision concerned ("Multiple Service District basis"). 7
Having made an election, Robina may at any time and from time to 8
time elect the other alternative. If it elects to proceed on a Single 9
Service District basis at a time when there are Service Districts not 10
then completed, its election is not effective until such time as all then 11
outstanding relevant obligations (Service District) have been 12
completed. 13
of Plans--Single Service District Basis 14
´Sealing
18. If Robina elects to carry out the proposed development on a Single 15
Service District basis, then, while such election is extant, plans of 16
subdivision (except the last plan of subdivision) comprising land 17
within a single Service District will be sealed and released by the 18
Council upon request by Robina prior to the relevant obligations 19
(Service District) being performed (but otherwise subject to 20
compliance with all relevant legislation and by-laws), and without 21
any further security being provided, but:-- 22
18.1 the last plan of subdivision will not be sealed and released 23
until all relevant obligations (Service District) for the Service 24
District under development have been completed; 25
18.2 no plans of subdivision (other than those containing only 26
management lots) will be sealed and released in respect of 27
any other Service District until those relevant obligations 28
(Service District) have been completed. 29
of Relevant Obligations 30
´Completion
19. If Robina carries out development on a Single Service District basis, 31
it must carry out development of that Service District progressively 32
and continuously and must complete the relevant obligations 33
(subdivision) in respect of all land contained within a plan of 34
33
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
subdivision which has been sealed and released within a reasonable 1
time after release of the plan. 2
of Plans--Multiple Service District Basis 3
´Sealing
20. If Robina elects to carry out the proposed development on a 4
Multiple Service District basis, then, while such election is extant, 5
plans of subdivision will be sealed and released by the Council prior 6
to performance of the relevant obligations (subdivision) being 7
complete (but otherwise subject to compliance with all relevant 8
legislation and by-laws) and without any further security being 9
provided, but only where:-- 10
20.1 the land comprised in the plans:-- 11
20.1.1 has, or will upon completion of those obligations 12
have, constructed access to a dedicated and 13
constructed arterial and/or collector road; and 14
20.1.2 is within the catchment area of completed 15
waterworks and completed sewerage works (as 16
defined in Parts 4 and 5 of the Second Schedule); 17
20.2 performance of those obligations has reached the stage 18
where:-- 19
20.2.1 major earthworks have been completed; 20
20.2.2 sewers, water mains, and stormwater drains are 21
installed; and 22
20.2.3 roads have been boxed out, 23
all in accordance with drawings approved under Section 8; 24
20.3 a registered surveyor or appropriate consultant has certified 25
that:-- 26
20.3.1 works then completed are in accordance with 27
approved drawings; 28
20.3.2 contracts for the work necessary to complete the 29
relevant obligations (subdivision) have been let; and 30
20.3.3 all works are contracted to be completed by a 31
34
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
nominated date within not more than three (3) 1
months; 2
and 3
20.4 Robina has paid headworks contributions (if any) or other 4
moneys payable hereunder in respect of that subdivision. 5
in completion 6
´Default
21. In the event that plans of subdivision are sealed and released 7
pursuant to clause 20 and the relevant obligations (subdivision) in 8
respect of land included in such plans of subdivision are not 9
completed by the nominated date then:-- 10
21.1 the Council may give Robina notice requiring the works to 11
be completed within twenty-one days from the date of issue 12
of the notice; 13
21.2 subject to clause 22, in the event that the requirements of that 14
notice are not complied with within the specified period:-- 15
21.2.1 Robina is deemed for all purposes to be in default 16
with respect to the completion of the relevant works 17
and the provisions of Section 5 may be applied by 18
the Council accordingly as though the notice 19
contemplated by clause 28 had been given; and 20
21.2.2 the Council is not obliged to release any further plans 21
of subdivision relating to any part of the combined 22
site prior to completion of the relevant obligations 23
(subdivision) in respect of which default was made. 24
of Time 25
´Extensions
22. Despite clauses 20 and 21, in the event that Robina is unable to 26
complete the relevant obligations (subdivision) within the time 27
referred to in clause 20.3.3 or, as the case requires, clause 21.1, due 28
to circumstances beyond its control, Robina may apply to the 29
Council for an extension of either of those periods of time and the 30
Council must, if it is satisfied on the balance of probabilities that the 31
failure to complete within the specified time was due to 32
circumstances beyond the control of Robina, grant an extension of 33
35
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
time at least equal to the period of delay caused by those 1
circumstances. 2
of Plans--Robina Town Centre Core 3
´Sealing
23. Clauses 17 to 22 (other than 21.2.2) do not apply to the sealing and 4
release of plans of subdivision of land in the Robina Town Centre 5
Core. The following provisions apply to the sealing and release of 6
such plans:-- 7
23.1 despite section 5.8(1) of the Act, but subject to clause 23.2 8
and to compliance with all (other) relevant legislation and 9
by-laws, the Council will seal and release plans of 10
subdivision of land within the Robina Town Centre Core 11
prepared for the purpose of defining sites for particular 12
components of the proposed development, prior to 13
performance of all works required by this Agreement to be 14
completed prior to the completion of Stage 1 and prior to the 15
performance of all relevant obligations (Service District) 16
within the Service District of which the land comprised in 17
that plan of subdivision forms part, without any further 18
security being provided; 19
23.2 a plan must not be sealed and released pursuant to clause 20
23.1 if it provides for the dedication of any land comprised 21
therein as road, other than a major infrastructure road shown 22
on Plan 2/3/1; 23
23.3 a plan may be sealed and released if it shows land intended 24
as a road as a lot or lots (or as a balance area) but only if an 25
access restriction strip is provided along the full frontage of 26
that lot or lots (or balance area) to any existing road with 27
which it or they will ultimately connect; 28
23.4 an access restriction strip referred to in clause 23.3 must be 29
transferred to the Council on trust for town planning 30
purposes to be dedicated as a road upon completion of the 31
relevant obligations (Service District) for each of the Service 32
Districts comprising Stage 1. 33
36
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Control--Robina Town Centre Core 1
´Development
24. The Council is not obliged to:-- 2
24.1 issue a certificate of classification for any building erected 3
within the Robina Town Centre Core; or 4
24.2 consent to, seal or release:-- 5
24.2.1 a plan of subdivision containing a dedication of land 6
within the Robina Town Centre Core as road; or 7
24.2.2 a request to register a road dedication in respect of 8
land within the Robina Town Centre Core, 9
other than for a major infrastructure road as shown on Plan 10
2/3/1; or 11
24.3 dedicate as road an access restriction strip referred to in 12
clause 23.3, 13
until Robina has completed the relevant obligations (Service 14
District) for each of the Service Districts comprising Stage 1. 15
of Plans--Management Lots 16
´Sealing
25. Clauses 17 to 22 do not apply to the sealing and release of plans of 17
subdivision creating only management lots. The following 18
provisions apply to the sealing and release of such plans:-- 19
25.1 subject to clause 21.2.2, the Council must upon request by 20
Robina seal and release plans of subdivision creating only 21
management lots without requiring the relevant obligations 22
in relation to the land therein to have been performed or 23
fulfilled; 24
25.2 if a management lot is contained within a plan of subdivision 25
consisting of more than one allotment, then the Council will 26
not require the performance of relevant obligations in 27
relation to the land comprising the management lot. 28
on Transfer of Management Lots 29
´Restriction
26. A management lot must not be transferred by Robina without the 30
consent of Council, which consent may be withheld until all relevant 31
37
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
obligations (subdivision) with respect to the land contained within 1
that lot have been performed, except in respect of a management lot 2
which is to be transferred to the Crown or to the Council as required 3
by this Agreement. 4
Sealing of Plans--Additional Security 5
´Earlier
27. Despite anything in this Section, Robina may request the Council to 6
seal and release a plan of subdivision at a time or stage earlier than 7
contemplated under this Agreement and so long as:-- 8
27.1 the Council is satisfied that it holds sufficient security 9
(whether under the General Bond or by reason of the 10
provision of additional security by Robina) for the 11
performance of the relevant obligations (subdivision) in 12
respect of the land comprised in such plan; 13
27.2 a time for performance of the relevant obligations 14
(subdivision) is specified in this Agreement, fixed by law or 15
otherwise agreed; and 16
27.3 Robina is not in default in the performance of any obligation 17
under this Agreement then due for performance, 18
then the Council may comply with Robina's request. 19
38
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECTION 5 1
S
EFAULT BY ROBINA 2
´D
of Default 3
´Notice
28. In the event that the Council considers that Robina has failed to 4
perform and fulfil an obligation under this Agreement, it may give 5
notice in writing to Robina, giving full particulars of the matters in 6
respect of which it considers default has occurred and by such notice 7
require the default to be remedied within a reasonable time not being 8
less than 21 days. 9
Time 10
´Reasonable
29. In determining a reasonable time, regard must be had to both the 11
nature of the default and the work or other action required to remedy 12
it, weather, availability of labour, plant and/or equipment, strikes and 13
whether or not the continuation of the default constitutes or causes a 14
public nuisance or raises other circumstances of urgency or 15
emergency. 16
of Time--Dispute 17
´Suspension
30. If Robina, as it is entitled to do, refers the notice to the Expert or the 18
Court under Section 10, Robina's obligation to comply with such a 19
notice is suspended and the Council is not in respect thereof entitled 20
to take any further action or to estreat the General Bond or any other 21
security. The time for compliance (if any) with such notice does not 22
commence to run until Robina has received notice in writing of the 23
Expert's or Court's decision. 24
May Act in Public Interest 25
´Council
31. Despite a suspension of Robina's obligations pursuant to clause 30, 26
the Council may, if in its reasonable opinion circumstances 27
involving a significant threat to or interference with public safety or 28
convenience so warrant, carry out (at its initial cost) such of the 29
work as it alleges is Robina's responsibility and as is necessary to 30
39
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
remedy the threat or interference in which event such of the costs 1
incurred by the Council (if not the whole) as relate to work which is 2
ultimately found by the Expert or the Court to be Robina's 3
responsibility in accordance with the Council's notice:-- 4
31.1 may be recovered from the obligor under the General Bond; 5
and/or 6
31.2 may be recovered from Robina as a liquidated debt. 7
Remedies 8
´Council's
32. Should Robina fail to perform and fulfil its obligations as specified 9
in any notice (or any notice amended after reference to the Expert or 10
the Court), the Council may, at its option, forthwith recover from 11
Robina as a liquidated debt or forthwith recover from the obligor 12
pursuant to the General Bond or recover partly from one and partly 13
from the other, the following amounts:-- 14
32.1 the whole of the moneys then due to the Council and not 15
paid by Robina; 16
32.2 such sum as the Engineer certifies as representing the fair 17
estimated cost of:-- 18
32.2.1 completing works not performed or completed by 19
Robina (including any works performed or to be 20
performed by the Council, the cost of which is 21
payable by Robina) or altering or amending any 22
completed work not constructed in a good and 23
workmanlike manner, all of which are referred to as 24
"incomplete works"; or 25
32.2.2 carrying out such other work or development 26
(including any addition or extension to any work or 27
development being carried out by Robina) whether 28
within or outside or partly within and partly outside 29
the perimeter of the combined site as the Council 30
may reasonably consider necessary to mitigate the 31
effects of any incomplete works or to make any 32
incomplete works, in the opinion of the Engineer, 33
more effective or useful; and 34
40
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
32.2.3 the Council's charges for supervision, interest, 1
administration costs, legal costs on a solicitor and 2
own client basis, overheads and such reasonable 3
contingency sum as may in the discretion of the 4
Engineer be determined. 5
of Monies Received 6
´Application
33. The Council must apply any sums received by it pursuant to clause 7
32 as far as the same may extend to or towards all or any one or 8
more of those matters which are referred to in clause 32 as are 9
relevant to remedy or mitigate the default in respect of which 10
payment was claimed and any excess of moneys must be paid to 11
Robina. 12
Rights of Recovery 13
´Council's
34. If the sum or sums at any time or times received or recovered by the 14
Council pursuant to clause 32 are insufficient to complete the 15
carrying out or altering or amending the work required by this 16
Agreement, the Council may at its election:-- 17
34.1 carry out, alter or amend such work at its discretion so far as 18
the moneys received by it will, in the opinion of the 19
Engineer, reasonably allow; or 20
34.2 complete the carrying out, altering or amending of such 21
work as required by this Agreement and recover the 22
difference between the costs actually incurred by it in so 23
doing and the sums received or recovered by it under clause 24
32 from Robina as a liquidated debt. 25
Remedy--Direct Action 26
´Alternate
35. Instead of making recovery from Robina or the obligor in 27
accordance with clause 32, the Council may, after expiration of the 28
time for performance and fulfilment by Robina of its obligations 29
specified in a notice, enter upon the combined site to perform and 30
fulfil the requirements of the notice which Robina has failed to 31
perform or fulfil in which event the Council's actual costs incurred 32
in that regard:-- 33
41
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
35.1 may be recovered from the obligor under the General Bond; 1
and/or 2
35.2 may be recovered from Robina as a liquidated debt. 3
Right to Enter Upon Land 4
´Council's
36. For the purpose of exercising its rights under clauses 33, 34 and 35, 5
the Council and its agents, servants, employees, contractors and 6
subcontractors and others whether of the class aforementioned or 7
not, authorised by the Council, have the full and free right and 8
liberty to enter upon the combined site with all necessary vehicles 9
plant and equipment. 10
for Rectification by Council 11
´Time
37. If the Council exercises any rights under this Section, it must 12
complete the obligations not performed or fulfilled by Robina and 13
which have been specified in the notice to Robina within the same 14
time period after commencement of the exercise of those rights as 15
was stipulated by the Council in the notice given to Robina in 16
respect of those obligations unless prevented from doing so by 17
reasons beyond its reasonable control in which event those 18
obligations must be completed by the Council as soon as is 19
practicable in all the circumstances. 20
42
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECTION 6 1
S
RELEASE OF ROBINA AND ROBINA PROPERTIES 2
´
of Obligations 3
´Completion
38. When Robina has performed and fulfilled its obligations under this 4
Agreement then Robina and Robina Properties are released and 5
discharged from any further obligation in respect of the proposed 6
development and the Council must deliver a written release and 7
discharge to Robina and Robina Properties accordingly. 8
in Other Circumstances 9
´Release
39. If before Robina or Robina Properties have performed and fulfilled 10
their obligations hereunder, the last plan of subdivision in the last 11
Service District (not being a plan creating only a management lot) 12
has been sealed and released and there are at the time of release no 13
outstanding obligations then due to be performed, then Robina and 14
Robina Properties have no further obligations hereunder, each is 15
released and discharged from any further performance hereunder, 16
and the Council must deliver a written release and discharge to 17
Robina and Robina Properties accordingly. 18
43
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECTION 7 1
S
SALE AND TRANSFER OF LAND 2
´
of Intent--General 3
´Statement
40. The Council acknowledges that it is Robina's and Robina 4
Properties' intention to subdivide and sell parts of the combined site 5
to third parties. The parties acknowledge that their common 6
understanding and intent with respect to allowing Robina and 7
Robina Properties to so proceed while securing to the Council 8
performance of Robina's obligations hereunder, particularly major 9
infrastructure obligations, is set out in this Section. 10
of Intent--Major and Minor Obligations 11
´Statement
41. Robina's obligations hereunder may be considered under two 12
categories as follows:-- 13
41.1 obligations with respect to the provision of the major 14
infrastructure necessary to accommodate the proposed 15
development being:-- 16
41.1.1 the construction of the roads and the payment of the 17
contributions referred to in clauses 24, 25 and 26 of 18
the Second Schedule and Table 2/3/2 (except item 20 19
thereof); 20
41.1.2 the construction of the works shown on Plan 2/4/1 21
and Plan 2/5/1; 22
41.1.3 the dedication of land and the construction of works 23
pursuant to clauses 81.1, 83, 84, 86 and 87 of the 24
Second Schedule; and 25
41.1.4 the carrying out of earthworks referred to in clause 26
101 of the Second Schedule, 27
("major infrastructure obligations"); and 28
41.2 obligations with respect to the provision of local roads, parks 29
44
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
and individual water supply, sewerage services, lakes, 1
waterways and community facilities together with 2
obligations relating to the details and final form of individual 3
components of the proposed development all as described or 4
referred to at various places in Part 6 (other than clauses 5
81.1, 83, 84, 86 and 87), Part 7 (other than clause 101) and 6
Parts 8 to 12 of the Second Schedule, but not being 7
obligations which the Council may impose on a subsequent 8
application ("minor obligations"). 9
of Intent--Performance of Major Infrastructure Obligations 10
´Statement
42. The major infrastructure obligations must be performed in a 11
co-ordinated and planned manner having regard to regional 12
considerations as well as the sequence of the proposed development 13
and cannot be performed piecemeal or otherwise than in a logical 14
and orderly sequence. 15
of Intent--Performance of Minor Obligations 16
´Statement
43. The minor obligations are not required to be performed until the 17
particular development to which they relate is undertaken and do not 18
ordinarily need to be co-ordinated with similar work being 19
performed in relation to other particular developments. 20
of Intent--Council's Approach 21
´Statement
44. For the reasons set out in clauses 42 and 43, the Council would 22
prefer Robina to be and remain solely responsible to perform all 23
major infrastructure obligations but does not necessarily take that 24
view in relation to minor obligations. In those circumstances, it is 25
the intent of this Section that:-- 26
27
44.1 Robina or Robina Properties may only include as part of a 28
transfer of land a transfer of major infrastructure obligations 29
if it demonstrates to the Council (on the balance of 30
probabilities) that the transfer of those obligations (and the 31
release of Robina from responsibility therefor) will not 32
prejudice the orderly provision of the major infrastructure 33
required for the proposed development; 34
45
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
44.2 Robina or Robina Properties may transfer land and 1
associated relevant minor obligations without having to 2
demonstrate to the Council anything other than the fact that 3
the transferee is bound by an enforceable agreement to 4
which the Council is a party to perform those obligations. 5
and Transfer--Major Infrastructure Obligations 6
´Sale
45. If Robina or Robina Properties desires to transfer the whole or any 7
part of the combined site subject to the transferee assuming 8
responsibility for performance of some or all of the major 9
infrastructure obligations then all contracts entered into by Robina or 10
Robina Properties must be made conditional upon the consent of the 11
Council to the transfer and the execution by the proposed transferee 12
of the deed contemplated by clause 48 hereof. 13
to Apply for Consent 14
´Robina
46. Robina or Robina Properties must make application in writing to the 15
Council for its consent to the transfer within 7 days of entering into 16
a contract of sale referred to in clause 45. 17
for Consent 18
´Application
47. An application made pursuant to clause 46 must:-- 19
47.1 contain full details of the proposed transferee; 20
47.2 specify the land proposed to be transferred to the transferee; 21
47.3 specify full details of the major infrastructure obligations for 22
which it is proposed that the transferee assume responsibility 23
instead of Robina; 24
47.4 demonstrate (on the balance of probabilities) to the 25
Council:-- 26
47.4.1 that the transferee is willing to become contractually 27
bound to the Council to perform those obligations in 28
accordance in all respects with this Agreement and 29
within the time:-- 30
47.4.1.1 specified by this Agreement; or 31
47.4.1.2 otherwise previously agreed between the 32
46
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Council and Robina; or 1
47.4.1.3 if neither of the foregoing apply, 2
reasonably determined by the Council 3
having regard to work already completed, 4
work due to be completed in accordance 5
with the current construction program and 6
the general co-ordination of infrastructure 7
provision within the land and the 8
surrounding region; 9
47.4.2 that the transferee is or will be financially able to 10
perform those obligations (including demonstration 11
that the transferee is able to effect dedication of all 12
lands which may be required to be dedicated to the 13
Crown or transferred to the Council pursuant to 14
those obligations); 15
47.4.3 that the transfer of those obligations (and the release 16
of Robina from responsibility therefore) will not 17
prejudice the orderly provision of the major 18
infrastructure required for the proposed development 19
(having regard, inter alia, to the time fixed for 20
performance of any obligations transferred to other 21
parties under agreements entered into with those 22
other parties pursuant to clause 48.1); 23
and 24
47.5 be decided by the Council within fourteen (14) days of its 25
receipt. 26
The Council in deciding the application may consent to it, refuse it, 27
or consent to it subject to the conditions set out in clause 48. 28
on Application 29
´Decision
48. The Council's consent to such a transfer may be withheld if the 30
Council is not satisfied of any matter required to be demonstrated to 31
it pursuant to clause 47 but the Council must otherwise grant 32
consent subject to:-- 33
47
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
48.1 the transferee entering into a deed with the Council whereby 1
it becomes contractually bound to perform the relevant 2
major infrastructure obligations within the relevant time 3
referred to in clause 47.4.1 and otherwise in accordance in all 4
respects with this Agreement; 5
48.2 if required by the Council in any particular case, the 6
transferee providing such security as the Council reasonably 7
requires in respect of the performance of those major 8
infrastructure obligations. 9
and Transfer--Minor Obligations 10
´Sale
49. If Robina or Robina Properties desire to transfer the whole or any 11
part of the combined site, subject to the transferee assuming 12
responsibility for performance of some or all of the minor 13
obligations, then Robina or Robina Properties must make 14
application in writing to the Council for its consent to the transfer 15
before completing any Contract of Sale in that regard. 16
for Consent 17
´Application
50. An application made pursuant to clause 49 must:-- 18
50.1 contain full details of the proposed transferee; 19
50.2 specify the land proposed to be transferred to the transferee; 20
50.3 specify full details of the minor obligations in respect of 21
which it is proposed the transferee assume responsibility 22
instead of Robina; and 23
50.4 be decided by the Council within fourteen (14) days of its 24
receipt. 25
if Deed Submitted 26
´Consent
51. If the application is accompanied by a deed in favour of the Council 27
executed by the transferee whereby:-- 28
51.1 the transferee becomes contractually bound to perform the 29
relevant minor obligations; and 30
51.2 the transferee, if required by the Council, agrees to provide 31
such security as the Council reasonably requires in respect of 32
48
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
the performance of those minor obligations, 1
the Council must consent to the application. 2
in Other Cases 3
´Consent
52. If the application is not accompanied by a deed as described in 4
clause 51 then the Council must grant consent subject to:-- 5
52.1 the transferee entering into a deed with the Council whereby 6
it becomes contractually bound to perform the relevant 7
minor obligations in accordance in all respects with this 8
Agreement; 9
52.2 if required by the Council in any particular case, the 10
transferee providing such security as the Council reasonably 11
requires in respect of the performance of those minor 12
obligations. 13
to Sale of Last Allotment 14
´Consent
53. Despite the foregoing and in any event, Robina or Robina Properties 15
must not sell the last allotment in the last plan of subdivision in any 16
Service District without the consent of the Council to that sale. In 17
the event that there is at that time any unremedied default in the 18
performance of the relevant obligations (Service District), the 19
Council may refuse consent until the default is remedied. If, for any 20
other reason, all relevant obligations (Service District) have not been 21
fully performed then, unless the Council is already secured in a 22
manner contemplated by this Agreement in respect of the 23
performance of those obligations, it may, as a condition of its 24
consent, subject such sale to a requirement that:-- 25
53.1 the transferee enter into a deed with the Council whereby it 26
becomes contractually bound to perform the outstanding 27
relevant obligations (Service District); 28
53.2 the transferee provide such security as the Council 29
reasonably requires in respect of the performance of those 30
obligations. 31
49
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
on Consent to Transfers 1
´Conditions
54. The Council must not impose any additional conditions or 2
restrictions upon the development of land transferred in accordance 3
with the requirements of this Section beyond those contained in this 4
Agreement. 5
as to Completion of Obligations 6
´Certificate
55. To assist in the easy administration of the requirements of this 7
Section, the Council must within fourteen (14) days of being so 8
requested by Robina issue a certificate/s upon which a person 9
proposing to acquire an interest in the land to which the certificate 10
relates can rely:-- 11
55.1 setting out details of the obligations under this Agreement 12
which continue to be binding on that land; or, as the case 13
requires, 14
55.2 stating that there are no obligations under this Agreement 15
which continue to be binding on that land and that all such 16
obligations which did bind the land have been satisfied. 17
Not Required Where Obligations Satisfied 18
´Consent
56. Despite clauses 45 and 49, the consent of the Council is not required 19
to a transfer of land in respect of which a certificate under clause 20
55.2 has been issued or to any transfer from Robina to Robina 21
Properties or from Robina Properties to Robina, whilst they remain 22
related companies under the Corporations Law. 23
of Transfer 24
´Definition
57. In this Section, transfer includes a sale or alienation but does not 25
include a mortgage, lease (other than a lease for a term, including 26
options, exceeding 5 years and granted for the express purpose of 27
permitting development by the lessee pursuant to this Agreement) 28
or grant of easement. 29
Deed Only Required 30
´Single
58. In any case where Robina proposes to transfer both major 31
infrastructure obligations and minor obligations, a deed prepared 32
50
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
pursuant to clause 48 is to deal with all obligations so that only one 1
deed is prepared in connection with the transfer. 2
Cost to Council 3
´No
59. Every deed referred to in this Section is to be prepared at no cost to 4
the Council. 5
Liability of Robina 6
´Continuing
60. Until the proposed transferee executes the required deed and 7
furnishes the required security, or in the event of a transfer being 8
made otherwise than in compliance with this Section, Robina 9
remains liable for the performance of its obligations under this 10
Agreement as though no transfer had taken place. 11
from Liability 12
´Release
61. Upon a deed referred to in this Section being delivered to the 13
Council, executed by all other parties and stamped (where required), 14
together with any security required to be lodged pursuant to the 15
relevant deed, Robina and, where applicable, Robina Properties are 16
released from all obligations under this Agreement in relation to that 17
land or, as the case requires, such of those obligations as are the 18
subject of the deed, and any security given by Robina specifically in 19
respect of that land or those obligations is discharged. 20
51
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECTION 8 1
S
SPECIFICATION AND MAINTENANCE OF WORKS 2
´
of Specification 3
´Approval
62. All designs and specifications for those works which Robina is 4
obliged to do by this Agreement (including, without limiting the 5
generality, the specification of all filling, excavation and other 6
earthworks and the final design and specification for all works 7
referred to in the Second Schedule) must be prepared by Robina at 8
its own cost and submitted to the Engineer for the Council's 9
approval and, when required by law, the approval of any other 10
authority or instrumentality. Robina must not commence any such 11
work before it has obtained approval. 12
Specification of Works 13
´Final
63. All works which Robina is obliged to do by this Agreement must 14
be done to the reasonable specification, reasonable satisfaction and 15
under the supervision of the Engineer and of any other authority or 16
instrumentality having jurisdiction in relation thereto. In the 17
interpretation and application of this clause:-- 18
63.1 it is recognised that some provisions of the Second Schedule 19
do provide a particular specification for certain works and 20
obligations; 21
63.2 that specification has been determined on the basis of present 22
knowledge and expectation as to circumstances which will 23
prevail at the time the works are to be carried out or the 24
obligations performed; 25
63.3 the circumstances actually prevailing at the relevant time 26
may result in it being necessary or appropriate to adopt a 27
different specification for the final design or performance of 28
such works or obligations; 29
63.4 accordingly, the inclusion of a particular specification in the 30
52
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Second Schedule does not prevent Robina from seeking 1
approval to an altered specification and does not prevent the 2
Engineer from giving such approval where an alteration is 3
necessary or appropriate having regard to the circumstances 4
prevailing at the relevant time. 5
for Approval 6
´Time
64. The Council must determine its approval or otherwise under clause 7
62 within a reasonable time. If Robina considers that a reasonable 8
time has elapsed after submission and it has received no response 9
from the Council then it may by notice in writing, hand delivered to 10
the office of the Shire Clerk and stating it is delivered pursuant to 11
this clause, require a response within fourteen (14) days of the date 12
of delivery of the notice and in the event that Robina does not 13
receive a notice of approval or refusal within that time, the designs 14
and specifications submitted are deemed approved. 15
of Completion 16
´Notice
65. Upon effective completion of the works covered by every approved 17
design and specification, Robina must either:-- 18
65.1 provide the Council with a certificate of satisfactory 19
completion in accordance with the approved design and 20
specification prepared by an engineer or other appropriate 21
professional person competent to issue it; or 22
65.2 require inspection and approval of the works by the Council 23
by giving written notice in that regard. 24
Period 25
´Maintenance
66. Upon the Council being satisfied that effective completion of the 26
works has been achieved, it must issue a certificate of practical 27
completion (being, where applicable, the certificate required by 28
Section 5.2(9) of the Act) and notify Robina accordingly that the 29
works are accepted as being "on maintenance". A defects liability 30
period of 6 months commences to run from the date of the 31
certificate issued under clause 65.1 or from the date of inspection 32
pursuant to clause 65.2. Any defect or want of maintenance in the 33
works advised in writing to Robina by the Council during the 34
53
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
defects liability period must be corrected within a reasonable time, 1
such time to be stated in the notice given by the Council to Robina. 2
to Assume Responsibility 3
´Council
67. At the end of the period of 6 months referred to in clause 66, the 4
works are taken to be "off maintenance" and in the case of works 5
which are to pass to or come under the control of the Council, the 6
Council will thereafter assume responsibility for future maintenance 7
and repair thereof. 8
Release of Duty of Care 9
´No
68. Nothing in this Section operates to:-- 10
68.1 limit any relevant duty of care which Robina would 11
otherwise owe to the Council (in tort or contract); 12
68.2 relieve or release Robina from any relevant duty of care 13
owed by it to the Council, 14
in respect of or relating to the design and construction of any works 15
referred to in this Section. 16
54
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECTION 9 1
S
INSPECTION OF WORKS BY THE COUNCIL 2
´
of Entry 3
´Right
69. So long as reasonable notice in writing is given of the Council's 4
intention to exercise the powers in this clause, Robina and/or Robina 5
Properties must permit the Council and its officers agents servants 6
contractors and subcontractors and agents and servants of its 7
contractors and subcontractors and others (whether of the class, 8
aforementioned or not), authorised by the Council at all times during 9
the operation of this Agreement to enter into and upon the combined 10
site for the purpose of:-- 11
69.1 examining and inspecting the state and condition of the land 12
and any works, including preparation for work and the work 13
site on the combined site or on land adjacent thereto; 14
69.2 ascertaining whether the obligations of Robina are being 15
observed performed and fulfilled; or 16
69.3 performing any works which the Council has agreed or is 17
empowered to perform. 18
55
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
SECTION 10 1
ETTLEMENT OF DISPUTES 2
´S
of Intent 3
´Statement
70. The intent of this Section is to provide a mechanism for:-- 4
70.1 ensuring that there is no want of certainty in this Agreement 5
having regard to the necessity to facilitate and expedite the 6
recording of the agreement between the parties without 7
being able to incorporate herein full engineering 8
specifications of the acts and works agreed to be performed 9
undertaken carried out executed provided or done by either 10
party to satisfy the obligations of Robina and/or the Council 11
hereunder; 12
70.2 resolving, in a speedy and cost-effective manner, any 13
dispute between the parties in relation to the meaning of any 14
provision hereof or the scope, content or extent of their 15
respective obligations hereunder, including disputes as to 16
matters which of necessity cannot be agreed or specified at 17
the present time and must be left to be agreed between the 18
parties at a later time and disputes about decisions of the 19
Council or its officers; and 20
70.3 referring those matters to the Court for determination or, 21
where the parties prefer an alternate means of dispute 22
resolution, dealing with those matters in accordance with an 23
appropriate non-judicial process. 24
to Expert 25
´Reference
71. It is agreed that if:-- 26
71.1 either party alleges or contends that the meaning or effect of 27
any provision of this Agreement is uncertain and therefore 28
to any extent void or of no effect or unenforceable; 29
71.2 any other dispute arises between the parties relating in any 30
56
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
way to the meaning and effect of any provision of this 1
Agreement or the scope, content or extent of the respective 2
obligations of either party hereunder; or 3
71.3 a dispute arises in relation to any other matter by under or in 4
connection with this Agreement including decisions made 5
by the Council or its officers, 6
then, unless either or both of the parties wish the matter to be 7
determined by the Court in the first instance and make application to 8
the Court accordingly, that matter may be referred to the final 9
decision of a person (hereinafter called "the Expert") appointed in 10
accordance with clause 72 who must give a decision in writing on 11
the matter. A party who wishes to refer a matter to the Expert must 12
serve on the other party a written reference giving full particulars of 13
the matter and thereupon the parties must attempt to reach 14
agreement on the appointment of the Expert. 15
of Joint Appointment 16
´Default
72. If after fourteen (14) days from service of the written reference:-- 17
72.1 the parties are unable to agree upon the appointment of the 18
Expert; and 19
72.2 the party on whom the reference was served has not made 20
application to the Court for determination of the matter in 21
dispute, 22
the party seeking the reference may request the President for the 23
time being of the Institute of Engineers Australia, Queensland 24
Division to nominate a person having the qualifications set out in 25
clause 73. Robina and the Council must together appoint the person 26
agreed upon by them or the person nominated by the President to be 27
the Expert for the purpose of this clause within seven (7) days of 28
agreement by them on the identity of the Expert or a nomination by 29
the President. If either party refuses to join in the appointment then 30
the other party is hereby irrevocably authorised to appoint the 31
Expert. 32
57
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
of Expert 1
´Qualifications
73. The Expert referred to in clause 71 must be a professional person in 2
the discipline most appropriate to the character of the dispute and 3
must be an individual member, or a director of a corporate member, 4
of the Expert's professional body with not less than ten (10) years 5
continuous professional experience in his discipline and with such 6
experience being substantially related to conditions and requirements 7
for new developments. 8
and Powers of Expert 9
´Function
74. By the consent to act, the function of the Expert when determining a 10
matter referred to the Expert is to make certain by the terms of his 11
or her decision what is contended to be uncertain or to resolve any 12
dispute and in considering and giving a decision, the Expert:-- 13
74.1 acts as an expert and not as an arbitrator; and 14
74.2 may, without limiting in any way the discharge of his or her 15
function hereunder and the utilisation of expert knowledge 16
skill and experience, refer to and use knowledge and 17
experience of:-- 18
74.2.1 the Act, the Town Plan and other planning schemes 19
in force in Queensland; 20
74.2.2 the by-laws of the Council or comparable by-laws in 21
force in other areas; 22
74.2.3 the terms of arrangements and agreements and 23
conditions of approvals consents and refusals and 24
reasons therefor and policy adopted from time to 25
time by the Council generally in relation to 26
applications for rezoning or development or 27
subdivision of land; and 28
74.2.4 the common or usual or other requirements or 29
standards or any usual or expected variation of 30
requirements or standards adopted from time to time 31
in relation to or applicable to lands in the Shire of 32
Albert and the development and use of such lands; 33
58
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
74.3 must recognise that the development is innovative, unusual 1
and one not generally contemplated by the standard 2
development approval and control process and that what 3
might be appropriate in the case of a conventional 4
development application or approval may not necessarily be 5
appropriate to the proposed development or the unique 6
development control process created for it; 7
74.4 may seek submissions on the matter in dispute orally or in 8
writing from both parties; 9
74.5 may award costs including the Expert's own costs against 10
either party if the Expert is of the opinion that such party 11
acted frivolously or vexatiously or unreasonably (but not 12
otherwise); 13
74.6 must act in accordance with the principles of natural justice 14
and fairness; 15
74.7 despite clauses 86 and 87, must have regard to past conduct 16
and practice of the parties and ensure consistency of such 17
conduct and practice unless there has been a material change 18
of circumstances or unless the same is contrary to an 19
express provision of this Agreement; 20
74.8 should he or she consider that they are not qualified to act as 21
the Expert in the matter referred, may appoint a person so 22
qualified in his or her place to be the Expert or may consult 23
a person having the appropriate qualifications for advice; 24
74.9 must give a decision in writing. 25
of Expert's Decision 26
´Effect
75. The Expert's decision:-- 27
75.1 where it makes certain a provision of this Agreement, is 28
deemed for all purposes to form part of and be incorporated 29
in this Agreement from the date of this Agreement; 30
75.2 where it resolves a dispute between the parties, is substituted 31
for any decision made by Council or its officers; 32
59
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
75.3 does not in any circumstances create or impose any further 1
liability on Robina in respect of any obligations completed 2
hereunder and accepted by the Council. 3
to Court 4
´Application
76. In the event that either party:-- 5
76.1 does not agree with the wish of the other that a matter be 6
referred to the Expert for determination; 7
76.2 is not satisfied with a decision of the Expert, 8
it shall be at liberty to apply to the Court for its determination upon 9
the matter. Unless the parties agree to waive time limits, an 10
application to the Court must be made:-- 11
76.3 under clause 76.1, not later than 14 days after the service of 12
a written reference on that party under clause 71; 13
76.4 under clause 76.2, not later than 30 days after that party 14
receives the written decision of the Expert. 15
of the Court 16
´Powers
77. On an application made under clause 71 or clause 76, the Court has, 17
to the extent relevant, the powers given to it by Part 7 of the Act as 18
well as:-- 19
77.1 the power to interpret this Agreement and make findings as 20
to the planning intent evinced by this Agreement; 21
77.2 the power to determine conditions to be performed or 22
complied with pursuant to or in accordance with this 23
Agreement (either as a matter of interpretation or as a matter 24
of determining what is relevant and reasonably required in a 25
particular case within the parameters laid down by this 26
Agreement). 27
Where a determination of the Court amends or alters a decision of 28
the Expert or the Council, the determination of the Court supersedes 29
the decision of the Expert or, as the case requires, the Council. 30
60
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
that Expert's Decision Final 1
´Agreement
78. Nothing in this section shall be construed to prevent the parties from 2
agreeing that the Expert's decision is final and binding in respect of 3
a particular matter and, except in a case of error of law, any such 4
agreement has effect according to its terms. 5
61
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
SECTION 11 1
UBSEQUENT APPROVALS TO BE CONSISTENT 2
´S
WITH THIS AGREEMENT 3
of Conditions 4
´Scope
79. It is acknowledged and agreed by the parties that the conditions and 5
obligations imposed upon and to be undertaken by Robina by and 6
under Parts 3 to 8, clause 160 of Part 11, and Part 12 of the Second 7
Schedule specify the obligations of Robina in respect of the 8
proposed development of the whole of the combined site in relation 9
to those classes of conditions:-- 10
79.1 which relate to the infrastructure necessary or appropriate to 11
service the proposed development as a whole and regardless 12
of its final specific form; and 13
79.2 which cannot sensibly, practicably and equitably be imposed 14
on a subsequent application. 15
on Power to Impose Further Conditions 16
´Limit
80. The conditions and obligations contained in Parts 3 to 8, clause 160 17
of Part 11 and Part 12 of the Second Schedule are exhaustive as to 18
the subject matter with which they deal and in imposing conditions 19
on any subsequent application, the Council must not impose as a 20
condition of approval of that subsequent application a condition 21
relating to a subject matter dealt with in those Parts or clause 160 22
which imposes a greater or different obligation than is therein 23
specified in respect of that particular subject matter. 24
Other Fetter on Subsequent Applications 25
´No
81. Subject to clause 80, this Agreement does not derogate from the 26
Council's discretion to impose upon subsequent applications 27
conditions:-- 28
81.1 authorised by, contemplated by or consistent with any 29
provision of the Second Schedule (including Part 9, Part 10 30
62
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
or, as applicable, Part 11); or 1
81.2 otherwise authorised by law from time to time which relate 2
to matters other than those dealt with by Parts 3 to 8, clause 3
160 of Part 11 and Part 12 of the Second Schedule. 4
Approvals to be Consistent 5
´Other
82. The Council is not obliged to approve any subsequent application or 6
issue any building approval or other approval or licence in respect of 7
a development, subdivision, building or structure or other matter or 8
thing which forms part of the proposed development and which is 9
controlled or regulated in any way by this Agreement if the relevant 10
application or proposal does not conform to the requirements or 11
intent of this Agreement. 12
63
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
SECTION 12 1
RANSFERS OF LAND TO THE CROWN OR THE 2
´T
COUNCIL 3
Procedures 4
´Required
83. All transfers to the Council or dedications to the Crown of land or 5
any interest therein (whether by way of fee simple transfer, 6
easement, lease or otherwise) must be carried out in accordance with 7
the following provisions:-- 8
83.1 if registration of a plan of survey is necessary to effect the 9
dealing, the required plan of survey must be prepared by 10
Robina's surveyor on instructions supplied to the surveyor 11
by the Council; 12
83.2 the Council may require that the required documents must 13
be prepared by the Council or its Solicitors and submitted to 14
Robina and/or Robina Properties for execution but otherwise 15
the relevant documents must be prepared by Robina or its 16
Solicitors and submitted to the Council executed by Robina 17
and/or Robina Properties; 18
83.3 Robina must sign and return such of the documents 19
prepared by the Council or its Solicitor as require execution 20
by it or Robina Properties within seven (7) days of their 21
submission and vice versa; 22
83.4 Robina and/or Robina Properties must upon request by the 23
Council or its Solicitors produce the instrument of title for 24
the property affected by the transfer at the Department of 25
Freehold Land Titles in Brisbane and will at that time 26
produce any necessary mortgagee's or other consents 27
stamped (where required) and otherwise in registrable form. 28
64
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
SECTION 13 1
GENERAL 2
´
of Moneys 3
´Payment
84. All moneys payable to the Council in pursuance of this Agreement 4
must be paid at the office of the Shire Clerk. 5
6
´Correspondence
85. All correspondence initiated by the Council in respect of any matters 7
relating to or arising from this Agreement must be signed by the 8
Shire Clerk or the Engineer. 9
by Council 10
´Waiver
86. No waiver by the Council of any breach by Robina or Robina 11
Properties of any of the provisions of this Agreement is to be 12
implied against the Council or be otherwise effective unless it is in 13
writing under the hand of the Shire Clerk or the Engineer and no 14
laches or delays by the Council at any time or times in enforcing any 15
of its rights powers and the like hereunder prejudices or affects 16
those rights or powers. 17
by Robina 18
´Waiver
87. No waiver by Robina or Robina Properties of any breach by the 19
Council of any of the provisions of this Agreement is to be implied 20
against Robina or Robina Properties or be otherwise effective unless 21
it is in writing under the common seal of Robina or Robina 22
Properties and no laches or delays by Robina or Robina Properties 23
at any time or times in enforcing any of their rights powers and the 24
like hereunder prejudices or affects those rights or powers. 25
26
´Service
88. Any certificate demand or notice by or from the Council to or upon 27
Robina is sufficiently made given or served if left at or forwarded 28
by prepaid post in an envelope addressed to Robina at the address 29
65
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
shown in the Council's rate book and such certificate demand or 1
notice if sent by post is deemed to have been made given or served 2
at the time when in the due course of post it would be delivered at 3
the address to which it is directed whether or not it is actually 4
received. In proving such service by post it is only necessary for the 5
Council to certify to that effect under the hand of the Shire Clerk. 6
of Default 7
´Notice
89. Despite clause 88, a notice of default or notice of intention to estreat 8
a bond must be personally served on an officer of Robina at the 9
registered office of Robina. 10
Project Officer 11
´Robina
90. Upon receiving notice from the Council that it has appointed an 12
officer to act as the Co-ordinator between the Council and Robina in 13
relation to the proposed development, Robina must thereafter 14
address all correspondence in relation to this Agreement or the 15
proposed development to the Shire Clerk for the attention of the 16
"Robina Project Officer" or such other title as the Council shall 17
from time to time advise. 18
of the Essence 19
´Time
91. Time is in all cases of the essence of this Agreement. 20
21
´Costs
92. Robina must pay to the Council its legal costs of and incidental to 22
the preparation and execution of this Agreement including any 23
stamp duty payable hereon. 24
66
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
SECTION 14 1
NTERPRETATION 2
´I
Law 3
´Relevant
93. This Agreement must in all respects be interpreted in accordance 4
with the law of the State of Queensland. 5
of Intent 6
´Statements
94. All provisions in this Agreement headed "Statement of Intent" are 7
designed to explain the background to and intent of the substantive 8
provisions which follow in the relevant Section. Such provisions 9
must be used as an aid to interpretation of substantive provisions 10
and an interpretation of a substantive provision which furthers the 11
stated intent of any Section must be preferred to one which does not. 12
Laws Apply Except where Inconsistent 13
´Other
95. Subject to clause 80 and except to the extent of any inconsistency 14
with this Agreement, nothing herein contained shall affect prejudice 15
or derogate from the requirements of:-- 16
95.1 the Town Plan and the Council's subdivision of land 17
by-laws; 18
95.2 any other statute, proclamation, Order in Council, rule, 19
regulation, ordinance or by-law, 20
or from the rights powers and authorities of the Council under the 21
provisions of any such enactment or under any declared lawful 22
policy of the Council. 23
Part of Agreement 24
´Schedules
96. The Schedules take that form for convenience only and form part of 25
this Agreement as though set forth in the body hereof. 26
Tables, Drawings and Documents--Identification 27
´Plans,
97. A reference to a plan, table, drawing or document identified by a 28
67
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
particular number is a reference to the plan, table, drawing or 1
document bearing that number held at the public office of the 2
Council and certified under seal by both the Council and Robina as 3
being the plan, table, drawing or document of that number referred 4
to in this Agreement. 5
Tables, Drawings and Documents--Open to Inspection 6
´Plans,
98. The Council must make the plans, tables, drawings and documents 7
referred to in clause 97 (or a full colour photographic reproduction 8
of the same) available free of charge at its public office during its 9
hours of conduct of public business to any person for the purpose of 10
perusal by that person. 11
12
´Definitions
99. In this Agreement (including the Schedules), unless the context 13
otherwise requires:-- 14
"access restriction strip" means a 0.5 metre wide strip of land along 15
the full frontage of any allotment to a road, held in fee simple by the 16
Director-General, Department of Transport or the Council as trustee 17
for town planning purposes related to the temporary, conditional or 18
indefinite limitation of access to and from the road; 19
"the Act" means the Local Government (Planning and 20
Environment) Act 1990 and all Regulations made under the Act; 21
"this Agreement" means this Agreement and includes the 22
Schedules and the plans, tables, drawing and documents identified 23
herein; 24
"approved building plans" means the drawings and specifications of 25
a proposed building with evidence of the building approval stamped 26
or endorsed on them; 27
"Area" means a part of the subject land delineated for usage as 28
shown on Plan 2/2/2, i.e., Northern Flood Plain, the Core, The Inner 29
Frame, The Southern Frame; 30
"Brisbane to Gold Coast Urban Corridor" means the area more or 31
less south of Brisbane and north of Coolangatta bounded on the east 32
by the water and on the west by the range of hills and mountains; 33
68
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
"building application" means an application for approval to the 1
carrying out of building work made under the Building Act 1975; 2
"building approval" means the approval under the Building Act 3
1975 of a building application; 4
"certificate of classification" means a certificate issued under the 5
Standard Building By-laws 1991; 6
"combined site" means the subject land and the Kerrydale land; 7
"completion of Stage 1" means the substantial completion of the 8
building comprising Stage 1 or, if there are more than one, buildings 9
comprising a substantial part of Stage 1; 10
"the Council" means the Council of the Shire of Albert and its 11
successors and assigns or the local authority within which area the 12
combined site may from time to time be included; 13
"Court" means the Planning and Environment Court constituted 14
under the Act; 15
"detailed development approval" means approval of the details of 16
development on the Kerrydale land under Part 11 of the Second 17
Schedule; 18
"development" means the use of any land or the erection or use of 19
any building or other structure or the carrying out of building, 20
mining or engineering operations in, on over or under land, or the 21
making of material changes to any premises; 22
"development site" when used in relation to any application seeking 23
approval for any aspect of development, means the land in respect 24
of which the application is made; 25
"Development Deed" means the Deed entered into between Robina 26
and the Council dated the 7th day of February 1986 as varied by 27
Deeds dated the 5th day of July 1988 and the 28th day of October 28
1988 and the date hereof; 29
"DOT" means the Department of Transport (Roads Division); 30
"Earthworks Zone" means a zone delineated on a map prepared by 31
Robina; 32
69
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
"the Engineer" means the officer of the Council who heads the 1
department or branch of the Council having responsibility for the 2
subject matter in relation to which the term is used 3
"external road network" means all roads or part thereof which are 4
not contained in the combined site; 5
"final development approval" means approval of an application 6
under Section 5 of Part 9 of the Second Schedule; 7
"the Kerrydale land" means the land described in Part 2 of the First 8
Schedule; 9
"last plan of subdivision" means the plan of subdivision which 10
subdivides the last 5% (more or less) of the area of land comprised 11
within a Service District. Robina may declare any plan of 12
subdivision containing a greater percentage of area to be the last plan 13
of subdivision and the Council may declare a plan to be the last plan 14
of subdivision if the remaining (unsubdivided) land within the 15
Service District is not or does not appear to be intended for 16
development (other than as a reserve or for some similar purpose); 17
"major shopping development" has the same meaning as that term 18
has in the Act; 19
"management lot" means an allotment on a plan of subdivision not 20
intended for final development or sale for final development and 21
identified as such by Robina when lodging a plan of subdivision for 22
approval with the Council and includes but is not limited to:-- 23
(a) an allotment intended for future road reserve; 24
(b) an allotment for later transfer to the Crown or the Council; 25
(c) an allotment shown on a plan of a type accepted by the 26
Registrar of Titles for registration for lease purposes only; 27
(d) an allotment to define a balance area; and 28
(e) an allotment intended for further subdivision (other than 29
building units subdivision); 30
"Merrimac Regional Open Space Corridor" means the area shown 31
on Plan 2/2/1; 32
70
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
"the Minister" means the Minister of the Crown for the time being 1
responsible for administration of the Act; 2
"mixed use development" means a development which contains a 3
combination of office, commercial and residential uses in a high 4
density form together with supporting public facilities and services, 5
parks and public spaces; 6
"Multiple Service District basis" means a method of development 7
by which two or more Service Districts are provided with services 8
and subdivided simultaneously for the purpose of development as 9
contemplated by this Agreement; 10
"open space" means any land used or intended to be used for:-- 11
(a) acoustic sound buffer zones 12
(b) enlarged areas of roadways used for open space 13
(c) golf course 14
(d) landscaped areas including landscaping for visual or acoustic 15
screening 16
(e) playing fields and parks, if provided within the combined 17
site 18
(f) tennis courts 19
(g) waterways 20
(h) bowling greens 21
(i) lakes 22
(j) pathways - pedestrian or bicycle 23
(k) swimming pools 24
(l) walkways 25
(m) visual buffer zones 26
"Precinct" means part of an Area pertaining to land use shown on a 27
plan referred to in clause 174 of the Second Schedule; 28
"the present zone" means the zones in which the subject land is 29
71
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
presently located as set out in Part 3 of the First Schedule; 1
"the proposed development" means the use of the combined site for 2
a Regional Business Centre more or less in accordance with the 3
concepts and statements of intent and objectives contained in Parts 1 4
and 2 of the Second Schedule and otherwise subject to this 5
Agreement; 6
"the proposed zone" means the zones in which the subject land is 7
proposed to be included as set out in Part 4 of the First Schedule; 8
"relevant obligations" means relevant obligations (Service District) 9
and relevant obligations (subdivision); 10
"relevant obligations (Service District)", in relation to a particular 11
Service District, means:-- 12
(a) all works to be carried out pursuant to this Agreement within 13
the Service District 14
(b) all works to be carried out pursuant to this Agreement 15
outside the Service District and which are required to 16
provide services (including at least one dedicated and 17
constructed connection to an arterial and/or collector road) to 18
that Service District; 19
(c) all works to be carried out pursuant to this Agreement 20
outside the Service District, the time for performance of 21
which is by this Agreement related to the development of the 22
Service District 23
(d) all works to be carried out pursuant to conditions of any 24
subdivision approval relating to land within the Service 25
District; 26
"relevant obligations (subdivision)", in relation to land forming part 27
of a Service District and which is proposed to be subdivided, means 28
such of the relevant obligations (Service District):-- 29
(a) as are to be performed within the land to be subdivided; or 30
(b) as are to be performed outside the land to be subdivided and 31
which must be completed prior to the sealing and release of 32
72
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
a plan of subdivision of that land (other than one creating a 1
management lot); 2
"RL" means Reduced Level at Australian Height Datum; 3
"Robina" means Robina Land Corporation Pty. Ltd. and its 4
successors and permitted assigns; 5
"Robina Properties" means Robina Properties Pty. Ltd. and its 6
successors and permitted assigns; 7
"Robina Town Centre" means the combined site and, where the 8
context admits, the proposed development; 9
"Robina Town Centre Core" or "Core" means the land described in 10
Part 5 of the First Schedule and, where the context admits, that part 11
of the proposed development to be carried out on that land; 12
"sealed" when used in relation to a plan of subdivision means 13
endorsed with the approval of the Council given under Section 5.3 14
of the Act; 15
"Service District" means a district delineated on a map prepared by 16
Robina pursuant to clause 179 in Part 12 of the Second Schedule; 17
"shop" premises used or intended for use for the purpose of 18
displaying or offering of goods for sale by retail. The term 19
includes:-- 20
(a) the ancillary storage of goods; 21
(b) a food barn; 22
(c) administration activities carried out in connection with the 23
use; 24
(d) where part of a major shopping development, the fitting of 25
motor vehicle accessories and parts or the rendering of 26
minor services or minor running repairs to motor vehicles, 27
but does not include commercial premises, a general store, a hotel, 28
an industry, a service station, a showroom, a stall or a warehouse as 29
those terms are defined in the Town Plan; 30
"Single Service District basis" means a method of development by 31
73
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
which only one Service District at a time is provided with services 1
and subdivided for the purpose of development as contemplated by 2
this Agreement, by which plans of subdivision are sealed and 3
released upon request by Robina independently of the stage of 4
performance of relevant obligations and by which no other Service 5
District can be subdivided or developed until completion of relevant 6
obligations in the current Service District; 7
"the Shire Clerk" means the Shire Clerk of the Council and includes 8
the person (if any) for the time being acting as Shire Clerk; 9
"Stage 1" means development of that stage, Service District or 10
Service Districts of the proposed development which includes a 11
major shopping development in the Robina Town Centre Core; 12
"Strategic Plan" means the Strategic Plan forming part of the Town 13
Plan; 14
"the subject land" means the land described in Part 1 of the First 15
Schedule; 16
"subsequent application" means any application to the Council 17
for:-- 18
(a) final development approval; 19
(b) notification under the Town Plan of conditions on a 20
permitted use; 21
(c) consent under the Town Plan to use land or erect or use a 22
building; 23
(d) detailed development approval; or 24
(e) approval to subdivide any part of the combined site; 25
"the Town Plan" means the Town Planning Scheme for the Shire of 26
Albert published in the Queensland Government Gazette dated 19 27
March 1988 and the Council's by-laws relating to town planning; 28
"vessel" includes every ship, boat, and every other description of 29
vessel used or designed for use for any purpose on the sea or in 30
navigation: Without limiting the generality of the foregoing, the term 31
includes any dinghy, lighter, barge, punt, hulk, raft, pontoon, or like 32
74
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
vessel; 1
"works" means the works set out and contemplated to be 2
undertaken as described in the Second Schedule; 3
Words importing the singular number include the plural number 4
and vice versa and words importing any gender include the other 5
genders and words importing only persons include corporations 6
and/or associations and/or bodies and vice versa in each respective 7
case. 8
75
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
IRST SCHEDULE 1
¡F
PART 1 2
THE SUBJECT LAND 3
Lot 1 on Registered Plan No. 68799, Lot 852 and part of Lot 853 on 4
Registered Plan No. 226788, part of Lots 1 and 2 on Registered Plan No. 5
225573, part of Lot 823 on Registered Plan No. 226764, part of Lot 888 on 6
Registered Plan No. 229613, Lot 889 on Registered Plan No. 229613, part 7
of Lot 866 on Registered Plan No. 228559, Lot 917 on Registered Plan No. 8
800193 and part of Lot 2 on Registered Plan No. 225584 all in the County 9
of Ward Parish of Gilston containing an area of 253.2176 hectares situated 10
at Pacific Highway, Lavers & Gabriels Roads, Robina Parkway, Kidman 11
Street & Priddeys Road, Christine Avenue & Geraldton Drive, Kerrydale in 12
the State of Queensland being the land shaded and hatched on Drawing No. 13
8951B and as more particularly described by metes and bounds in 14
Document 1/1/1. 15
PART 2 16
THE KERRYDALE LAND 17
Lot 891 on Registered Plan No. 229616, part of Lots 1 and 2 on Registered 18
Plan No. 225573, part of Lot 823 on Registered Plan No. 226764 and part 19
of Lot 853 on Registered Plan No. 226788 all in the County of Ward Parish 20
of Gilston, being the land cross-hatched on Drawing No. 8951B and as 21
more particularly described by metes and bounds in Document 1/1/2. 22
76
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
PART 3 1
PRESENT ZONE 2
Future Urban Rural B 3
Residential A 4
PART 4 5
PROPOSED ZONE 6
As to that part of the subject land shaded on Drawing No. 8951B and as 7
more particularly described by metes and bounds in Document 8
1/1/3--Special Business zone. 9
As to that part of the subject land hatched on Drawing No. 8951B and as 10
more particularly described by metes and bounds in Document 11
1/1/4--Special Facilities (Robina Town Centre Core) zone [previously 12
described as Special Facilities (Robina Town Centre Core in accordance 13
with Plan of Development No. 2270) zone]. 14
PART 5 15
DESCRIPTION OF ROBINA TOWN CENTRE CORE 16
Part of Lot 888 on Registered Plan 229613 in the County of Ward Parish of 17
Gilston being that part of the subject land hatched on Drawing No. 8951B 18
and as more particularly described by metes and bounds in Document 19
1/1/4. 20
77
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
78
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ECOND SCHEDULE 1
¡S
ART 1 2
P
INTRODUCTION 3
´
Application 4
´Rezoning
1. Robina applied to the Council by Rezoning Application No. 2270 5
dated 10 July 1990 to exclude the subject land from the present zone 6
and include it in the proposed zone. 7
Planning 8
´Master
2. As discussions and negotiations in relation to that rezoning 9
application proceeded it became apparent that the development 10
proposed by Robina pursuant to the application involved the master 11
planning of a new mixed use community rather than a specific 12
development application and that the existing legislation did not 13
provide an adequate framework within which to implement the 14
proposal. 15
in Existing Legislation 16
´Deficiencies
3. The reasons why the existing legislation was inadequate may be 17
summarised as follows:-- 18
3.1 the inclusion of part of the land in the Special Facilities 19
(Robina Town Centre Core) zone is intended to confer a 20
legal right to use any part of that land for any of the purposes 21
set out in clauses 120 and 121 of Part 9 of the Second 22
Schedule (subject to the Council's approval of the details of 23
the final development and, in the latter case, subject to 24
obtaining town planning consent); 25
3.2 the land to be included in the Special Business zone may be 26
used for any of the purposes set out for the zone under 27
Columns 3 and 4 of the Table of Zones in the Town Plan 28
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subject to the notification of conditions or to obtaining the 1
Council's consent where required; 2
3.3 the infrastructure requirements for the development as a 3
whole can be determined with certainty on the basis of 4
maximum equivalent population fixed by prescription of 5
limits on building heights and site coverage for commercial 6
buildings and by prescription of maximum populations for 7
residential buildings; 8
3.4 it is nevertheless not possible to determine the proportion or 9
extent that each of the permitted or permissible uses will 10
assume; 11
3.5 it is similarly not possible to determine or specify the precise 12
form and sequence of development; 13
3.6 the matters referred to in clauses 3.4 and 3.5 are capable of 14
description but only in a conceptual way by means of:- 15
3.6.1 statements of planning intent describing the proposed 16
development in terms of uses to be undertaken, 17
facilities to be provided, objectives to be achieved 18
and the planning and social character of the final 19
development; and 20
3.6.2 concept plans containing illustrations or examples of 21
how the statements of intent might be implemented; 22
3.7 part of the land considered to form part of the Robina Town 23
Centre concept (the Kerrydale land) had already been 24
rezoned and there was no adequate mechanism available to 25
integrate this approval with the rest of the proposal. 26
Method of Development Control 27
´Required
4. The matters referred to in clauses 3.4 and 3.5 will evolve gradually 28
over a period of years. A flexible method of controlling 29
development is accordingly required so that:-- 30
4.1 infrastructure including roads, drainage, water supply, 31
sewerage, transport and open space can be properly provided 32
for, not just for immediate development needs, but for what 33
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is envisaged to be the future population living and working 1
in the subject land and surrounding regions; and 2
4.2 final development proposals can be assessed for consistency 3
with the statements of planning intent to ensure that the 4
development actually carried out is within the spirit and 5
intent of this Agreement. 6
and Precincts 7
´Areas
5. Development will take place on a stage-by-stage basis in no readily 8
or accurately predictable pattern or timing. To facilitate an 9
understanding of the methodology adopted, the subject land has 10
been divided into the following categories:-- 11
5.1 Land Use Areas, being --Northern Flood Plain 12
--The Core 13
--The Inner Frame 14
--The Southern Frame 15
These areas are shown on Plan 2/2/2 and a more detailed 16
explanation of their characterisation is contained in Part 2. 17
5.2 Precincts, being parts of each of those land use Areas 18
identified for different uses. 19
In the Core, shops, offices and associated service and 20
recreation activities will, together with car parking, open 21
space and the waterways, dominate the Area and 22
identification of particular Precincts within the Core may be 23
unnecessary or, if done, may relate simply to breaking down 24
the Core into physically smaller areas within which detailed 25
development planning can be done (rather than into areas of 26
different land use character). 27
In the Inner Frame, some Precincts have already been 28
identified, as can be seen from Part 2. 29
In the other Areas, planning has not yet reached the stage 30
where Precincts can be identified, though Plan 2/11/1 is a de 31
facto Precinct plan for most of the Northern Flood Plain. 32
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It is intended, when land uses are being considered, that 1
Precincts will be delineated by the use or uses intended for 2
them. Whilst uses in Precincts will emerge from time to 3
time, it is not expected that this will in any way have a 4
bearing on where actual physical construction will take place 5
or that their boundaries will be inflexible. 6
of Construction 7
´Stages
6. Construction can be thought of as occurring in three stages:-- 8
6.1 the first stage being earthworks when the land is shaped and 9
roads, waterways, parks, etc. are formed; 10
6.2 the second stage when services such as roads, water supply, 11
sewerage, electricity and telephone are constructed; and 12
6.3 the third is when construction of buildings occurs. 13
of Agreement 14
´Purpose
7. The purpose of this Agreement is to:-- 15
7.1 specify with the necessary certainty and enforceability 16
Robina's obligations in relation to those matters referred to 17
in clauses 6.1 and 6.2 which cannot be adequately regulated 18
by application of existing legislation to the proposed 19
development; and 20
7.2 provide a mechanism and a process whereby Robina's 21
planning obligations in relation to the matters referred to in 22
clause 6.3 can be determined, within certain parameters and 23
subject to a fair and effective dispute resolution process 24
where necessary. 25
Zones and Service Districts 26
´Earthworks
8. Earthworks contracts will usually be undertaken over a larger area 27
than that for which services are to be provided. Accordingly, for 28
ease of administration and understanding, the combined site will be 29
categorised by:-- 30
8.1 "Earthworks Zones" within which earthworks will be 31
carried out in accordance with an approved plan or plans; 32
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and 1
8.2 "Service Districts" within which services will be constructed 2
or provided in accordance with an approved plan or plans. 3
This Agreement has therefore adopted the following scheme:-- 4
Areas (for usage) Earthworks Zones (for 5
earthworks) 6
Precincts (for usage) Service Districts (for services) 7
which may be shown diagrammatically as follows:-- 8
9
THE COMBINED SITE 10
11
USAGE CONSTRUCTION 12
AREAS EARTHWORKS ZONE 13
14
PRECINCT PRECINCT SERVICE SERVICE
15
DISTRICT DISTRICT
16
of Identifying Zones and Districts 17
´Importance
9. Having regard to the foregoing scheme, the proper identification of 18
Earthworks Zones and, more importantly, Service Districts is of 19
fundamental importance from the point of view of development 20
control. The usage to which the combined site may be put is already 21
controlled by the terms of this Agreement and, subject thereto, the 22
precise content and form of the final development are matters for 23
Robina and other parties who ultimately take the benefit of this 24
Agreement or the approval of subsequent applications. 25
The Council requires that development occur in an orderly and 26
controlled manner and this is to be achieved by requiring Robina to 27
complete, effectively secure and/or effectively co-ordinate the first 28
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two stages of construction (earthworks and services) in any given 1
Service District before fragmentation of the landholding in that 2
District is permitted. The provisions of Sections 4 and 7 in this 3
Agreement are designed to achieve this result. 4
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ART 2 1
P
PLANNING INTENTIONS 2
´
Context 3
´Regional
10. The intention of this Agreement is to enable the development of 4
Robina Town Centre as a major comprehensively planned Regional 5
Business Centre accommodating the highest order of retailing, 6
business, administration, entertainment, cultural, recreational and 7
other community facilities. 8
Given its strategic location and the opportunity for comprehensively 9
planning a "green field" site, Robina Town Centre will play a major 10
role in serving central place needs of not just adjacent districts, but 11
also the area included in the Gold Coast Statistical District and 12
southern parts of the wider Brisbane to Gold Coast Urban Corridor 13
as well as parts of Northern New South Wales, as demonstrated by 14
Plan 2/2/1. 15
As the first major Regional Business Centre to be located inland 16
from the coastal strip, it is well placed to service the needs of the 17
growing hinterland population and its strategic location at the 18
intersection of major arterial roads with the Pacific Highway as well 19
as at the terminus of the proposed Brisbane to Robina/Gold Coast 20
railway will ensure high levels of accessibility from/to both the local 21
and wider regions. 22
The opportunity this location offers for Robina Town Centre to 23
become a major public transport focus with a transit network 24
radiating from the proposed rail terminus, will enable its 25
development as a major office employment centre for both the 26
public and private sectors as well as a major centre for the provision 27
of government/community services, cultural and recreational 28
facilities. 29
The high employment potential is further enhanced by the Robina 30
Town Centre's location close to the Bond University and its 31
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Research Park as well as by its attractive water enhanced landscape 1
setting at the edge of the Merrimac regional open space corridor. 2
The continuing development of this Merrimac regional open space 3
corridor for golf and recreation resort facilities, the increasing tourist 4
traffic on the national Pacific Highway and the proximity to both 5
hinterland and coastal tourist and recreation attractions will also 6
ensure a major tourism and recreation role for the Robina Town 7
Centre for hotel/motel accommodation, shopping and support 8
facilities. 9
In view of these opportunities, it is recognised that Robina Town 10
Centre may eventually develop as a major central place anchor for 11
the Brisbane to Gold Coast Urban Corridor as well as one of the 12
major regional business districts for the Gold Coast Statistical 13
District. The possibility of the Robina Town Centre becoming the 14
dominant central business district for the region is neither 15
disregarded nor discouraged and the Council recognises that the 16
matters referred to in this section give the Robina Town Centre a 17
potential advantage in that regard. The Council, however, views the 18
Robina Town Centre in accordance with the Strategic Plan as one of 19
the regional business centres referred to in Objective 7(a) within 20
clause 5 of Division 3 of the Strategic Plan. 21
Concepts and Intentions--Structure Plan 22
´Planning
11. Plan 2/2/2 is a structure plan to guide in general terms the planning 23
and development of the subject land, which may be varied by 24
Robina from time to time. It should not be regarded as defining the 25
final nature or location of specific land uses but should be regarded 26
as conceptual with its intent and purpose being to indicate the goals 27
and aims to be pursued and the predominant components of the 28
final development. 29
This plan sets down a framework of roads, pathways, open space 30
within which the Robina Town Centre can continue to develop over 31
time and that framework is fixed with some certainty by other Parts 32
of this Second Schedule. The key land uses shown are indicative 33
only and the plan therefore purposely has flexibility to accommodate 34
needs which cannot be properly foreseen at this time. This 35
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framework creates a series of land use Areas with different 1
characteristics in terms of landscape setting and accessibility against 2
which actual site needs can be matched in a continuing process. 3
There is a physical constraint on the ultimate development in that the 4
infrastructure for which this Agreement provides is designed to 5
service an equivalent population of 23,000 persons (more or less). 6
The planning for the ultimate development (and for each Area and 7
Precinct) must take this constraint into account. Development which 8
would generate an equivalent population significantly exceeding 9
23,000 persons is not permitted. 10
Concepts and Intentions--Master Plan 11
´Planning
12. Plan 2/2/4, described as the Robina Town Centre Master Plan, is the 12
current interpretation of the structure plan. It is an illustration of one 13
form of final development which gives effect to the planning intent 14
contained in this Part. It is recognised that the proposed rail 15
terminus within the subject land and the proposed high school and 16
hospital adjacent to the subject land depend upon anticipated State 17
Government commitments in respect of which a final decision is 18
not yet made. 19
of the Structure Plan 20
´Intent
13. The structure plan identifies four broad Areas: 21
-- Northern Flood Plain 22
-- The Core 23
-- The Inner Frame 24
-- The Southern Frame 25
The planning intent for those areas is as follows:-- 26
13.1 The Northern Flood Plain 27
This Area forms part of the wider Merrimac flood plain open space 28
system to the north and west and provides an important regional 29
landscape setting for the Robina Town Centre. Its development for 30
waterways, golf courses and major recreation facilities will provide 31
an attractive water-themed landscape identity and orientation as well 32
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as providing valuable recreational facilities in close association with 1
the core of the Robina Town Centre. 2
The extension of the waterways into the heart of the Robina Town 3
Centre may allow this landscape theme and enhancement to 4
continue as a framework within the Core and Inner Frame as well as 5
providing efficient drainage of the flood plain re-entrants and will 6
allow access by vessels from the wider waterway system to the 7
Robina Town Centre. Tourist, commercial and pleasure vessels are 8
envisaged operating from the Nerang River system to the Robina 9
Town Centre via the Boobegan and Mudgeeraba Creeks. 10
13.2 The Core 11
This is the central Area and is intended as the area of maximum 12
pedestrian activity within which the major regional shopping 13
Precinct will be located together with personal and community 14
services, professional offices, restaurants, cultural, civic and 15
recreational facilities, hotel and studio apartments. 16
The Core is focused on an ornamental lake and major town centre 17
plaza which together form a celebration place, accessible to the 18
public 24 hours per day, where the community can come together 19
with a sense of pride and belonging to partake of urban activities 20
such as eating, dining, shopping, promenading and cultural events. 21
13.3 The Inner Frame 22
The Area surrounding the Core to the north of the Robina Parkway 23
ridge is intended as an intensive mixed use area containing offices, 24
business premises, residential apartments, hotels, cultural, 25
recreational and entertainment facilities in close proximity to allow 26
easy pedestrian connections and convenient access by public 27
transport. 28
Within this frame the main Precincts envisaged are: 29
-- a traditional "main street" styled business services Precinct 30
along the important pedestrian link from the Core to the 31
anticipated railway terminus/public transport interchange. 32
-- a Government Precinct on sites adjacent to the anticipated 33
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SCHEDULE (continued)
rail interchange and the anticipated Hospital and High School 1
for predominantly Federal and State administrative offices 2
and their agencies. 3
-- the rail interchange Precinct where convenience shopping 4
and offices are intended associated with the public areas of 5
the interchange and a regional indoor sports entertainment 6
centre is envisaged adjoining the interchange to take 7
advantage of the high level of accessibility by regional public 8
transport. 9
-- the medical Precinct immediately east of the hospital and 10
south of the interchange, where priority is to be given to the 11
location of medical uses associated with the hospital. These 12
uses could also extend into adjacent mixed use areas. 13
-- the peninsular and west lakeshore Precincts which are 14
intended for prime office, hotel, restaurant and residential 15
mixed use development. 16
-- the east lakeshore Precinct which is intended 17
predominantly for high density residential uses. 18
-- the riverwalk Precinct linking south from the lake to the 19
main highway gateway entry is intended as an alternative 20
linear river-like park setting for further mixed use 21
development. 22
-- the gateway Precincts flanking the main road entry to the 23
Robina Town Centre from the Pacific Highway which offer 24
prime sites for major large private office development at the 25
southern end of the riverwalk but which also contains the 26
proposed route for the southern railway extension which 27
may be a constraint on development. 28
-- the parkway Precincts between the Core and the Robina 29
Parkway, one for service stations and fast food outlets and 30
the other for the beginnings of showroom development, 31
which then links via roads and paths under the Parkway to 32
similar development to the south. 33
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13.4 The Southern Frame 1
This Area to the south of the Robina Parkway ridge is intended as a 2
less intensive area for activities requiring easier motor vehicle access 3
such as an auto mall, showrooms, service trades, service authority 4
facilities, office parks as well as for medium density residential 5
development and higher education facilities. The Area forms an 6
important link from the Core and Inner Frame to the Bond 7
University to the south with its associated Research Park, 8
recreational facilities and high and medium density residential 9
Precincts as well as to the industrial development zones at the Reedy 10
Creek Highway interchange and along the Burleigh Connection 11
Road. 12
Transport 13
´Public
14. As the proposed rail is likely to be essentially inter-urban rather than 14
intra-urban it will function primarily as a commuter service within 15
the Brisbane to Gold Coast corridor. Its location therefore favours 16
office employment, and particularly government offices, to 17
encourage maximum benefit to the Robina Town Centre and 18
maximum rail usage. 19
Shoppers and workers from the more local Gold Coast region will 20
be served by a public transit distribution network, which it is 21
anticipated will initially be provided by bus, but may later include 22
other forms of public transport, focused on the rail terminus. The 23
network will be planned to meet broad community needs, including 24
distribution to other employment, educational, tourist and 25
entertainment nodes, as well as internal movements within the 26
Robina Town Centre. Links from the interchange and Core through 27
the Southern Frame to the Bond University and environs are also 28
envisaged. 29
Space and Pathways 30
´Open
15. The open space system together with the roads provides a basic 31
framework to shape and link the total development. 32
The open space system proposed provides for two major 33
north-south linear park connections linking from the extensive flood 34
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plain open space in the north to the University Lake open space 1
system in the south--one linking along the Robina Town Centre 2
lakeshore, riverwalk and highway buffer and the other along the 3
eastern power easement. A further spine along the Mudgeeraba 4
Creek has potential to link through adjoining properties north to 5
Carrara and south-west to Mudgeeraba and Bonogin. 6
A series of sports fields are located along these spines and, together 7
with the proposed golf and water based recreational facilities, they 8
provide a strong recreational and leisure lifestyle orientation for the 9
Robina Town Centre for both resident and worker populations. 10
A network of major pedestrian/bicycle paths is proposed along these 11
open space corridors as an important part of the transportation 12
system linking Precincts within the Robina Town Centre to each 13
other and to the surrounding districts. 14
15
´Residential
16. The concept of locating medium and high density residential uses 16
immediately adjoining focal points for commercial and community 17
activity has long been a principle of contemporary town planning 18
and is seen as an important objective for the Robina Town Centre. 19
The advantage of such a concept is best summarised as follows:-- 20
16.1 Increased Choice of Residential Stock 21
An increased variety of residential accommodation can be 22
provided to better meet the particular lifestyle needs of 23
different population segments. For example, there are those 24
with children in small households who wish to live close to 25
work and facilities in a more urban environment. These can 26
include the young, the middle-aged, the elderly and people in 27
a variety of economic situations, from service industry 28
workers or shop assistants to professionals and executives. 29
16.2 A More Active and Diverse Environment 30
The addition of a residential population increases the 31
"people" activity, particularly after normal working hours 32
when offices are empty. This has a civilising influence and 33
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helps create a safer and more diverse and urbane 1
environment to the benefit of all users of the Robina Town 2
Centre. 3
16.3 Extended Use of Facilities 4
An immediate residential population allows for the extended 5
use and more economical provision of all types of facilities. 6
16.4 Contribution to Urban Consolidation 7
The provision of housing at higher densities in the Robina 8
Town Centre allows for a more efficient and balanced use of 9
regional infrastructure, e.g., roads, public transport, utility 10
and community services, as well as landscape enhancement, 11
and contributes to overall regional urban consolidation. 12
Population successfully accommodated in the Robina Town 13
Centre reduces the need for residential land at the edge of 14
urban areas. 15
For these advantages to be realised, a more flexible approach is 16
required towards planning and design than currently applies to 17
development in Residential B and C zonings which have been 18
developed for suburban situations where segregation of residential 19
uses and compatibility with surrounding lower density development 20
are desirable. 21
As a result, the combined site is designated for a target population of 22
5,000 persons to be accommodated in development designed under 23
controls based on performance criteria developed from first 24
principles for each situation. 25
Design and Siting Controls 26
´Landscape/Townscape
17. It is recognised that a major objective will be to create an attractive 27
and environmentally sensitive development characterised by a 28
distinctive landscape and townscape and high levels of architectural 29
and landscape design. To achieve this, appropriate design and siting 30
controls are envisaged for the various Precincts. 31
In general terms, the townscape character of the area north of the 32
Robina Parkway ridge is envisaged as more compact and urban in 33
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character with generally higher rise buildings, while the southern 1
area will be lower rise and more office-park in character. 2
A landscaped buffer zone is proposed along the Pacific Highway 3
frontage to ensure a consistent landscape image is maintained along 4
this important edge. View corridors are proposed at selected 5
locations to allow motorists an awareness of the proximity and scale 6
of the Robina Town Centre. Plan 2/2/3 is a conceptual plan of the 7
buffer zone and view corridors. 8
Developments 9
´Innovative
18. In view of the long term nature of the development being 10
undertaken, it is recognised that a flexible approach will be required 11
in relation to innovative development standards and practices to take 12
account of technological developments and changing patterns in our 13
society. Indeed, to ensure the continued vitality of the Robina Town 14
Centre, it will be important to keep abreast of the latest 15
developments in all areas affecting its development and operations. 16
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ART 3 1
P
ROADS AND ROADWORKS 2
´
Network 3
´Road
19. The Council and DOT have agreed that the road network shown on 4
Plan 2/3/1 is an appropriate traffic network for the region in which 5
the combined site is located. 6
by Robina 7
´Acceptance
20. Robina accepts and acknowledges that the road network shown on 8
Plan 2/3/1 is an appropriate traffic network for the region in which 9
the combined site is located. 10
on Network by Robina 11
´Reliance
21. The Council acknowledges that Robina has planned the proposed 12
development on the basis that, so far as relates to the land external to 13
the combined site:-- 14
21.1 the road network shown on Plan 2/3/1 will be adhered to as 15
closely as possible by the Council (and DOT where relevant) 16
in acquiring and constructing regional roads; 17
21.2 the Council will, when approving applications for 18
development in the region by others, recognise and support 19
the road network by ensuring (so far as permissible under 20
the law which applies to its determination of those 21
applications):-- 22
21.2.1 that the approved plans for such development are 23
consistent with the network; and 24
21.2.2 that each developer makes any dedication and/or 25
contribution to the network which is reasonably 26
required by its particular application. 27
The Council also acknowledges that Robina will be proceeding with 28
the proposed development in reliance on the road network in the 29
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region being substantially in accordance with Plan 2/3/1. 1
of External Road Reserves 2
´Acquisition
22. So far as relates to land external to the combined site (other than 3
land already dedicated as a road), and despite clause 21, the road 4
network shown on Plan 2/3/1 is indicative only based upon existing 5
and anticipated development approvals and discussions with the 6
relevant landowners. 7
The Council acknowledges that there are unlikely to be significant 8
variations from Plan 2/3/1 having regard to the fact that location of 9
the Pacific Highway interchanges is fixed already and the fact that 10
the network within the combined site is fixed by this Agreement. 11
Robina nevertheless acknowledges and accepts that:- 12
22.1 acquisition of land external to the combined site which is 13
required for the road network is a matter under the sole 14
control and within sole discretion of the Council (and DOT 15
where relevant); 16
22.2 the Council and/or DOT will be attempting to negotiate the 17
required acquisitions with the affected landowners; 18
22.3 the Council may, in its discretion, enforce any rights which it 19
may have pursuant to development approvals or exercise 20
any other powers of acquisition which it is entitled to 21
exercise for the purpose of acquiring the required land, but 22
that it can only do so in accordance with the law which 23
regulates those rights and powers; 24
22.4 any acquisitions by the Council (or DOT) otherwise than by 25
agreement accordingly depend upon the Council's (or 26
DOT's) legal powers at any relevant time and, possibly, 27
upon availability of funds and the Council gives no 28
undertaking to Robina that such land (or any part thereof) 29
will be acquired at any particular time. 30
Not Responsible for Additional Costs 31
´Robina
23. Should any section of the road network ultimately put in place by 32
dedication of land external to the combined site be on a substantially 33
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different alignment from that shown on Plan 2/3/1, then to the extent 1
that the cost of construction of any section of the network which 2
Robina is to construct is increased by such change, that cost, as 3
certified by a consultant with appropriate knowledge and expertise 4
and as accepted by the Engineer, must (as between Robina and the 5
Council) be paid by the Council. 6
Obligations 7
´Robina's
24. Subject to clause 26, Robina must contribute to the implementation 8
of the road network by:-- 9
24.1 carrying out the roadworks specified to be its responsibility 10
in Table 2/3/2, to the standards and at the times set out 11
therein; and 12
24.2 paying the contributions specified to be payable by it in 13
Table 2/3/2 as and when specified therein. 14
of Time for Performance 15
´Interpretation
25. Where the time for construction of a road section is specified in 16
Table 2/3/2 as being prior to sealing and release of the plan of 17
subdivision which creates the first or last allotment(s) for sale in an 18
adjoining Service District, and that road section adjoins or passes 19
through more than one Service District, then the road section is to be 20
constructed in segments along the frontage of or within each Service 21
District and:-- 22
25.1 Robina's obligation when developing a Service District is to 23
construct only the segment having frontage to or passing 24
through that Service District; and 25
25.2 that obligation is to be performed prior to sealing and release 26
of the plan of subdivision which creates the first allotment(s) 27
for sale in that Service District or, as the case requires, the 28
last plan of subdivision of that Service District. 29
Provision--Mudgeeraba Interchange Connection 30
´Special
26. If Robina gives notice that it is ready to commence the work 31
specified in Item 8(a) in Table 2/3/2 so as to be able to complete that 32
work by the completion of Stage 1, and the relevant land is not 33
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dedicated or controlled by the Council or DOT within 120 days after 1
the date of giving of that notice, then Robina is no longer obliged to 2
construct that section but instead must contribute to the cost of 3
construction thereof an amount not exceeding the estimated cost of 4
construction. 5
This contribution must be paid progressively in accordance with 6
certificates by the Engineer as to the value of work completed as and 7
when that section is constructed. 8
To secure the obligation of Robina under this clause, it must 9
provide, in addition to the General Bond, a further Bond in an 10
amount equal to the estimated cost of construction as at the date of 11
Robina's notice. The further bond:-- 12
26.1 must be lodged within 30 days of demand by the Council 13
made after Robina's obligation to contribute arises; and 14
26.2 may be called upon by the Council if the contribution or any 15
part thereof is not paid within 14 days of demand therefor 16
accompanied by the Engineer's certificate. 17
In this clause, "estimated cost of construction" is the amount at 18
which Robina could have constructed that section by the completion 19
of Stage 1 having regard to the rates actually paid by Robina for 20
earth and road works constructed or under construction in 21
connection with Stage 1. 22
of Certain External Obligations 23
´Suspension
27. So far as relates to land external to the combined site (other than 24
land already dedicated as a road and the land referred to in clause 25
26), and notwithstanding the times for performance specified in 26
Table 2/3/2, Robina's obligations to carry out work on such land:-- 27
27.1 are suspended if the land is not dedicated as a road or 28
otherwise controlled by the Council or DOT at the time the 29
work would otherwise be required to be performed; 30
27.2 must be performed as soon as practicable after the land 31
becomes so dedicated or controlled. 32
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of Certain Internal Obligations 1
´Suspension
28. Where a road to be constructed on the combined site is planned to 2
connect to a road external to the combined site which is to be 3
constructed by others then, notwithstanding the times for 4
performance specified in Table 2/3/2 in respect of that road, 5
Robina's obligations to construct that road:-- 6
28.1 are suspended if the external road has not been so 7
constructed at the time the road would otherwise be required 8
to be constructed; and 9
28.2 must be performed as soon as practicable after the external 10
road is constructed to the boundary of the combined site. 11
for Additional Interchange 12
´Planning
29. Robina acknowledges the desire of the Council and DOT, having 13
regard to the long term development of the region, to preserve the 14
opportunity of an additional partial interchange between the Reedy 15
Creek Interchange and the Robina Parkway Interchange as shown at 16
intersection V on Plan 2/3/1. Such an interchange would have, as a 17
primary objective, the provision of a right-turn movement for 18
northbound traffic into the lands east of the Pacific Highway, more 19
specifically into the subject land and the present Bond University 20
lands. Such an interchange could also provide for a 21
cross-connection to the area west of the highway. 22
Robina must accordingly make provision in its planning for this 23
potential future connection by allocating a road reserve corridor with 24
one end at the Pacific Highway and the other joining the proposed 25
Christine Avenue, that is from V-W-Q as shown on Plan 2/3/1. 26
Robina must not alienate any part of the land so reserved prior to 30 27
June, 2006, and no buildings or structures may be erected thereon. 28
Robina will dedicate the land within the corridor as a road without 29
compensation when called upon by the Council so to do at any time 30
on or prior to 30 June, 2006, and the Council must thereupon 31
immediately construct the roadworks forming the connection. If the 32
Council does not require the dedication by 30 June, 2006, Robina is 33
thereafter free to deal with the land reserved without regard to this 34
98
Local Government (Robina Town Centre
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SCHEDULE (continued)
clause. 1
Construction Requirements 2
´General
30. Robina must, when creating the new roads shown on Plan 2/3/1, 3
dedicate sufficient land for the full proposed width of the road 4
requirements as shown on Plan 2/3/3. The dedication must include 5
sufficient land to accommodate any cut or fill requirements and 6
must also provide sufficient land in relevant road reserves for 7
anticipated interchanges at intersections B and D on Plan 2/3/1. 8
Other External Obligations 9
´No
31. Unless otherwise specifically stated in this Agreement, and only to 10
such extent, Robina is not liable to construct or contribute to the cost 11
of any roadworks external to the combined site. 12
Roadside Landscaping 13
´Integrated
32. Robina must, when it submits engineering drawings for roadworks 14
within a road reserve to the Council for approval, also submit for 15
approval a landscape concept plan for that part of the road reserve. 16
Robina must carry out the landscaping generally in accordance with 17
the approved concept plan in conjunction with the construction of 18
the relevant roadworks. 19
for Signalisation 20
´Provision
33. If reasonably so determined by the Engineer at the time of approval 21
of engineering drawings for an intersection, having regard to the 22
volume of future traffic movements and the probability of 23
signalisation of the intersection within 10 years of its construction, 24
Robina must, when constructing that intersection, install as part of 25
that construction and at its cost underground conduits for traffic 26
signalisation of that intersection. Upon constructing those conduits, 27
Robina has no further liability for any costs of traffic signalisation of 28
that intersection. 29
30
´Interpretation
34. In this Part (including Table 2/3/2):-- 31
"cost of construction" means the sum agreed to be paid to the 32
99
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
contractor/s carrying out the road construction; 1
"Limitation of Access" means restriction of access to an existing or 2
proposed road by means of an access restriction strip along the 3
frontage of the road to any property or, in the case of a declared 4
road, by any other means specified in Section 3.8 of the Transport 5
Infrastructure (Roads) Act 1991; 6
Where the word "full" is used under the column headed "Limitation 7
of Access in Table 2/3/2 it means that access to the road section to 8
which it refers is prohibited from either alignment and that 9
appropriate Limitation of Access must be implemented along the 10
entire road section; 11
Where the word "partial" is used under the column headed 12
"Limitation of Access" in Table 2/3/2 it means that access will be 13
permitted to the road section to which it refers from either or both 14
sides of the alignment but that access points may be restricted and/or 15
specifically determined by DOT or the Council and that appropriate 16
Limitation of Access must be implemented at those parts of the road 17
section where access is not permitted. 18
100
Local Government (Robina Town Centre
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SCHEDULE (continued)
ART 4 1
P
WATER SUPPLY 2
´
of Intent 3
´Statement
35. The intent of this Part is to prescribe a special method for the 4
calculation and payment of water headworks charges in relation to 5
commercial and residential development other than the proposed 6
golf course facilities. This Part also provides for administration of 7
credits arising from actual construction of headworks by Robina. 8
It is recognised that while the nature of the use to which an allotment 9
will be put will be known at the time of its creation, the final form of 10
development thereon will not necessarily be fixed with certainty at 11
that time. It is also recognised that headworks charges should be 12
paid according to the actual level of service demand created by a 13
final development. Nevertheless, payment of headworks at the time 14
of creation of an allotment allows a purchaser to have certainty that 15
headworks obligations are fulfilled which facilitates the development 16
process. The intent of this Part is to reconcile these objectives and 17
concerns in the following manner:-- 18
35.1 water headworks charges calculated in accordance with an 19
agreed fixed formula must be paid at the time an allotment is 20
created; 21
35.2 payment of those charges confers the right (subject to this 22
Agreement generally) to develop to a certain intensity 23
without the imposition of further water headworks charges; 24
35.3 if development at a greater intensity is proposed (and is 25
otherwise permitted or permissible under this Agreement), 26
additional water headworks charges must be paid by the 27
party undertaking the development so that the total paid 28
reflects the actual service demand; 29
35.4 because water headworks charges will be allocated by the 30
Council to the carrying out of works and spent on those 31
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Local Government (Robina Town Centre
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SCHEDULE (continued)
works at any time after payment, the Council cannot make 1
and will not be obliged to make a refund of water 2
headworks charges if the development actually carried out is 3
of a lesser intensity. 4
Rates of Headworks Charge Applicable 5
´Ordinary
36. Robina must pay to the Council contributions towards the provision 6
of water supply headworks to service the proposed development 7
("water headworks charges"). Charges must be paid at the rates per 8
equivalent person specified by the relevant planning policy adopted 9
by the Council pursuant to section 6.2 of the Act ("relevant planning 10
policy") in force at the time payment is made, but must be 11
calculated in the manner and paid at the times specified in this Part. 12
for Payment 13
´Time
37. Water headworks charges must be paid in respect of any allotment 14
other than a management lot not later than the time of release of, and 15
in exchange for, the sealed plan of subdivision creating the 16
allotment. Robina may elect to pay the water headworks charges at 17
an earlier date so long as the allotment or proposed allotment to 18
which they relate is ascertainable with sufficient certainty. Water 19
headworks charges are not payable upon the creation of a 20
management lot. 21
of Headworks Policy to Golf Course 22
´Application
38. Contributions towards water supply headworks in respect of the 23
Golf Course and all associated buildings to be constructed on the 24
Kerrydale land (excluding the hotel and all residential units) must be 25
calculated and paid in all respects in accordance with the relevant 26
planning policy as in force from time to time and clauses 39 to 45 27
have no application to that part of the proposed development. 28
of Equivalent Population (non-residential) 29
´Calculation
39. Subject to clause 38, the Equivalent Population (number of 30
equivalent persons) for an allotment intended for non-residential 31
uses is calculated by multiplying the surveyed area (in hectares) of 32
the allotment by 60, that is to say by the following formula:-- 33
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Local Government (Robina Town Centre
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SCHEDULE (continued)
EP = NA x 60 1
where 2
(1) EP is the Equivalent Population for the purpose of 3
calculating the water headworks charges in respect of the 4
allotment; and 5
(2) NA is the area in hectares of the allotment in respect of 6
which the water headworks charges are being calculated. 7
Entitlement (non-residential) 8
´Development
40. Upon payment of the water headworks charges calculated by 9
reference to the Equivalent Population determined in accordance 10
with clause 39, the Council must not impose further water 11
headworks charges in respect of development on that allotment that 12
does not exceed 4 occupied storeys. 13
In calculating an occupied storey, car parks, plant rooms and other 14
non-habitable floors or floors not able to be occupied are not 15
counted as an occupied storey. 16
Where a floor or floors are less in area than the largest floor of a 17
building then, for the purpose of calculating the number of storeys, 18
the gross floor area of the building able to be occupied is divided by 19
the area of the largest floor of the building able to be occupied and, if 20
the resulting number is 4 or less the building does not, for the 21
purpose of this clause, exceed 4 occupied stories. 22
Headworks (non-residential) 23
´Additional
41. In the event that it is proposed to construct a building exceeding 4 24
occupied stories on an allotment for which water headworks charges 25
have been paid on the basis of the calculation in clause 39, additional 26
water headworks charges must be paid in respect of the floor area 27
in excess of 4 occupied stories in accordance with the provisions 28
following:-- 29
41.1 the amount of the additional water headworks charges is the 30
number of equivalent persons represented by the excess 31
floor area (determined in accordance with the relevant 32
planning policy) multiplied by the applicable rate per 33
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Local Government (Robina Town Centre
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SCHEDULE (continued)
equivalent person under the relevant planning policy as at the 1
date building approval is granted for the building; 2
41.2 the additional water headworks charges must be paid by the 3
person proposing to undertake the development permitted 4
by the relevant building approval (despite the fact that this 5
person may not have made or may not be required to make 6
any further or other application of a planning nature under 7
the Act or this Agreement); 8
41.3 the Council is not obliged to release approved building plans 9
to any person until any additional water headworks charges 10
payable in respect of the building have been paid. 11
of Equivalent Population (residential) 12
´Calculation
42. Subject to clause 38, the Equivalent Population (number of 13
equivalent persons) for an allotment intended for residential uses is 14
calculated by multiplying the number of proposed residential units 15
nominated by Robina for the allotment by 2.4, that is to say by the 16
following formula:-- 17
EP = NOU x 2.4 18
where 19
(1) EP is the Equivalent Population for the purpose of 20
calculating the water headworks charges in respect of the 21
allotment 22
(2) NOU is the number of residential units nominated by 23
Robina as intended to be constructed on each allotment. 24
To give effect to this clause, Robina must, at the time of lodging a 25
plan of subdivision creating allotments intended for residential 26
development, nominate the number of residential units intended to 27
be constructed on each allotment shown on that plan. If a concept 28
plan for the development of any allotment has been approved by the 29
Council as part of an approval referred to in Parts 9, 10 or 11 of the 30
Second Schedule, the number of units so nominated must accord 31
with the approved concept plan. 32
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Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Entitlement (residential) 1
´Development
43. Upon payment of the water headworks charges calculated by 2
reference to the Equivalent Population determined in accordance 3
with clause 42, the Council must not impose further water 4
headworks charges in respect of development on that allotment 5
containing not more than the number of residential units nominated. 6
Headworks (residential) 7
´Additional
44. In the event that it is proposed to construct on an allotment for 8
which water headworks charges have been paid on the basis of the 9
calculation in clause 42, more than the number of residential units 10
nominated for the purposes of that calculation, additional water 11
headworks charges must be paid. The additional charges must be 12
calculated and paid in accordance with the provisions following:-- 13
44.1 the total water headworks charges will not in any event be 14
less than the amount already paid; 15
44.2 if the Equivalent Population calculated for the residential 16
units (applying clause 42 to the actual number of residential 17
units proposed) exceeds the Equivalent Population originally 18
calculated in accordance with clause 42, additional water 19
headworks charges are payable in respect of the Equivalent 20
Population represented by the difference between the two 21
calculations; 22
44.3 the amount of the additional water headworks charges is that 23
difference (in equivalent persons) multiplied by the 24
applicable rate per equivalent person under the relevant 25
planning policy as at the date building approval is granted 26
for the building or buildings containing the residential units; 27
44.4 the additional water headworks charges must be paid by the 28
person proposing to undertake the development permitted 29
by the relevant building approval (despite the fact that this 30
person may not have made or may not be required to make 31
any further or other application of a planning nature under 32
the Act or this Agreement); 33
44.5 the Council is not obliged to deliver the approved building 34
105
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
plans to any person until any additional water headworks 1
charges payable in respect of the building or buildings have 2
been paid. 3
Refund of Contributions Paid 4
´No
45. Regardless of the nature, size or scale of any final development 5
actually carried out, the Council is not under any circumstances 6
obliged to repay or refund any water headworks charges calculated 7
and paid in accordance with clauses 39 or 42. 8
Context--Water Supply 9
´Regional
46. Robina Town Centre forms an integral part of the area serviced by 10
the Reedy Creek District Water Supply Scheme in the South Albert 11
Shire Water Supply System as defined and costed in the document 12
"Albert Shire--Schedule of Headworks Contributions--July 1991 13
to June 1992" forming part of the Council's relevant planning 14
policy. That Scheme provides for the water supply headworks 15
necessary to service, inter alia, the proposed development. The 16
internal trunk water mains forming part of that Scheme which are 17
shown on Plan 2/4/1 ("the waterworks") are accordingly works the 18
cost of which will be defrayed from water headworks charges if 19
those works are constructed by the Council. 20
by Robina 21
´Construction
47. If the waterworks (or any part) are not constructed by the Council, 22
Robina intends during the course of the development, at its own cost 23
and in stages related to Service Districts, to construct the 24
waterworks so as to provide water supply to the proposed 25
development. Any such construction will be carried out by Robina 26
at its election and for its own benefit and Robina assumes no 27
obligation to any person to carry out any construction at any time. 28
Plans to be Sealed until Water Available 29
´No
48. Subject to clause 18 in the body of this Agreement, the Council is 30
not obliged to seal and release any plan of subdivision (other than 31
one creating only management lots or only lots in the Robina Town 32
Centre Core) unless the Service District in which the land is 33
contained is within the catchment able to be serviced by completed 34
106
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
waterworks. 1
of Construction 2
´Mode
49. In the event that Robina undertakes construction of the waterworks, 3
it must do so to suit the rate and location of development. Where 4
practicable, mains having a diameter of 375 millimetres or less must 5
be constructed in association with roads in Service Districts. 6
Timing of Certain Construction 7
´Specific
50. Despite clauses 47 and 49, if:-- 8
50.1 Robina commences to construct waterworks; and 9
50.2 the Council is concurrently constructing or has constructed 10
the balance of line 15601561 (600mm) not included in 11
Table 2/4/3, 12
Robina must construct line 15521553 (450mm) not later than 30 13
June 1994 and line 15521560 (450mm) and the part of line 14
15601561 (600mm) included in Table 2/4/3 by not later than 30 15
December 1998. 16
Credits for Construction 17
´Headworks
51. If Robina constructs all or some of the waterworks then it is entitled 18
to set off the cost of that construction against the water headworks 19
charges otherwise payable by it in accordance with the provisions 20
following:-- 21
51.1 the set off is by way of an Equivalent Population Credit 22
("EPC") and is measured in numbers of equivalent persons; 23
51.2 Robina is entitled to an EPC for each stage of the 24
waterworks constructed by it; 25
51.3 Table 2/4/3 sets out the stages of the waterworks which give 26
rise to an EPC (under the column headed "Trunk 27
Main/Stage") and the EPC for each stage (opposite each 28
stage under the column headed "EPC"); 29
51.4 a credit to which Robina has become entitled must be 30
allowed against any calculation of water headworks charges 31
which would otherwise be payable on the sealing and release 32
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Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
of a plan of subdivision by deducting the EPC from the 1
Equivalent Population in respect of which charges would 2
otherwise be calculated, that is to say by the following 3
formula:-- 4
HWEP EPC = HWEP Due 5
where 6
(1) HWEP is the Equivalent Population which would be 7
used to calculate water headworks charges but for 8
this clause; and 9
(2) EPC is the Equivalent Population Credit; and 10
(3) HWEP due is the Equivalent Population which is 11
actually used to calculate water headworks charges 12
after application of this clause. 13
Carried Forward 14
´Credits
52. In the event that the EPC exceeds HWEP when water headworks 15
charges are calculated in respect of any plan, no water headworks 16
charges are payable in exchange for sealing and release of the plan 17
and:-- 18
52.1 the EPC is reduced by HWEP; 19
52.2 the (reduced) EPC is carried forward to be applied in 20
accordance with clause 51 the next time water headworks 21
charges are otherwise payable by Robina. 22
of Moneys Payable and EPC 23
´Administration
53. For the purpose of administration of the moneys paid/payable by 24
Robina and the EPC to which it is from time to time entitled, 25
Robina and the Council must maintain a statement of account in the 26
form contained in Drawing 2/4/2. Robina and the Engineer must at 27
the completion of each Service District (and at least once every six 28
months in any event) verify the statement of account for the 29
preceding period and on agreement being reached as to the balance, 30
the statement must be certified by Robina and the Engineer as being 31
correct. 32
108
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Credit Arises 1
´When
54. Robina is entitled to the EPC set out in Table 2/4/3 on completion of 2
construction of the Trunk/Main Stage to which the EPC is related. 3
Where only part of a Trunk/Main Stage is completed, the EPC to 4
which Robina is entitled at any given time in respect of that stage is 5
calculated pro rata, having regard to the length of line constructed at 6
that time. 7
Distribution Indicative Only 8
´Population
55. Plan 2/4/4 shows a distribution of total equivalent population, which 9
distribution is indicative and prepared for water supply planning 10
purposes only. The distribution of the ultimate population of the 11
proposed development is not known and will evolve over time but 12
the total ultimate equivalent population must not exceed the total 13
shown on Plan 2/4/4. 14
Schemes 15
´Alternate
56. The EPC calculation in Table 2/4/3 is based upon the scheme shown 16
in Plan 2/4/1. In the event that the parties agree to substantially alter 17
the scheme shown on Plan 2/4/1, they must prepare a new table in 18
the form of Table 2/4/3 showing the estimated cost of construction 19
in 1991 dollars of the altered scheme and that Table must then be 20
substituted for Table 2/4/3. The EPC for the revised scheme must 21
be calculated by dividing the estimated cost shown in the substituted 22
table by 934. 23
In this clause, "cost in 1991 dollars" means at the same rate or rates 24
as were used by the consulting engineers to Robina and the Council 25
in calculating the amounts shown under the column "Estimated 26
Cost of Construction" in Table 2/4/3. 27
of Easements 28
´Grant
57. If any part of the waterworks are constructed within the combined 29
site on land which is not and is not to become a dedicated road or 30
public lands, Robina or, as the case requires, Robina Properties 31
must at its cost grant to the Council a water supply easement on the 32
Council's usual terms over the land upon which the waterworks are 33
constructed. 34
109
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ART 5 1
P
SEWERAGE 2
´
of Intent 3
´Statement
58. The intent of this Part is to prescribe a special method for the 4
calculation and payment of sewerage headworks charges in relation 5
to commercial and residential development other than the proposed 6
golf course facilities. This Part also provides for administration of 7
credits arising from actual construction of headworks by Robina. 8
It is recognised that while the nature of the use to which an allotment 9
will be put will be known at the time of its creation, the final form of 10
development thereon will not necessarily be fixed with certainty at 11
that time. It is also recognised that headworks charges should be 12
paid according to the actual level of service demand created by a 13
final development. Nevertheless, payment of headworks at the time 14
of creation of an allotment allows a purchaser to have certainty that 15
headworks obligations are fulfilled which facilitates the development 16
process. The intent of this Part is to reconcile these objectives and 17
concerns in the following manner:-- 18
58.1 sewerage headworks charges calculated in accordance with 19
an agreed fixed formula must be paid at the time an 20
allotment is created; 21
58.2 payment of those charges confers the right (subject to this 22
Agreement generally) to develop to a certain intensity 23
without the imposition of further sewerage headworks 24
charges; 25
58.3 if development at a greater intensity is proposed (and is 26
otherwise permitted or permissible under this Agreement), 27
additional sewerage headworks charges must be paid by the 28
party undertaking the development so that the total paid 29
reflects the actual service demand; 30
58.4 because sewerage headworks charges will be allocated by 31
110
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
the Council to the carrying out of works and spent on those 1
works at any time after payment, the Council cannot make 2
and will not be obliged to make a refund of sewerage 3
headworks charges if the development actually carried out is 4
of a lesser intensity. 5
Rates of Headworks Charge Applicable 6
´Ordinary
59. Robina must pay to the Council contributions towards the provision 7
of sewerage headworks to service the proposed development 8
("sewerage headworks charges"). Charges must be paid at the rates 9
per equivalent person specified by the relevant planning policy 10
adopted by the Council pursuant to section 6.2 of the Act current at 11
the time payment is made, but must be calculated in the manner and 12
paid at the times specified in this Part. 13
for Payment 14
´Time
60. Sewerage headworks charges must be paid in respect of any 15
allotment other than a management lot not later than the time of 16
release of, and in exchange for, the sealed plan of subdivision 17
creating the allotment. Robina may elect to pay the sewerage 18
headworks charges at an earlier date so long as the allotment or 19
proposed allotment to which they relate is ascertainable with 20
sufficient certainty. Sewerage headworks charges are not payable 21
upon the creation of a management lot. 22
of Headworks Policy to Golf Course 23
´Application
61. Contributions towards sewerage headworks in respect of the Golf 24
Course and all associated buildings to be constructed on the 25
Kerrydale land (excluding the hotel and all residential units) must be 26
calculated and paid in all respects in accordance with the relevant 27
planning policy as in force from time to time and clauses 62 to 68 28
have no application to that part of the proposed development. 29
of Equivalent Population (non-residential) 30
´Calculation
62. Subject to clause 61, the Equivalent Population (number of 31
equivalent persons) for an allotment intended for non-residential 32
uses is calculated by multiplying the surveyed area (in hectares) of 33
the allotment by 60, that is to say by the following formula:-- 34
111
Local Government (Robina Town Centre
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SCHEDULE (continued)
EP = NA x 60 1
where 2
(1) EP is the Equivalent Population for the purpose of 3
calculating the sewerage headworks charges in respect of the 4
allotment; and 5
(2) NA is the area in hectares of the allotment in respect of 6
which the sewerage headworks charges are being calculated. 7
Entitlement (non-residential) 8
´Development
63. Upon payment of the sewerage headworks charges calculated by 9
reference to the Equivalent Population determined in accordance 10
with clause 62, the Council must not impose further sewerage 11
headworks charges in respect of development on that allotment 12
which does not exceed 4 occupied storeys. 13
In calculating an occupied storey, car parks, plant rooms and other 14
non-habitable floors or floors not able to be occupied are not 15
counted as an occupied storey. 16
Where a floor or floors are less in area than the largest floor of a 17
building then, for the purpose of calculating the number of storeys, 18
the gross floor area of the building able to be occupied is divided by 19
the area of the largest floor of the building able to be occupied and, if 20
the resulting number is 4 or less the building does not, for the 21
purpose of this clause, exceed 4 occupied stories. 22
Headworks (non-residential) 23
´Additional
64. In the event that it is proposed to construct a building exceeding 4 24
occupied stories on an allotment for which sewerage headworks 25
charges have been paid on the basis of the calculation in clause 62, 26
additional sewerage headworks charges must be paid in respect of 27
the floor area in excess of 4 occupied stories in accordance with the 28
provisions following:-- 29
64.1 the amount of the additional sewerage headworks charges is 30
the number of equivalent persons represented by the excess 31
floor area (determined in accordance with the relevant 32
planning policy) multiplied by the applicable rate per 33
112
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
equivalent person under the relevant planning policy as at the 1
date building approval is granted for the building; 2
64.2 the additional sewerage headworks charges must be paid by 3
the person proposing to undertake the development 4
permitted by the relevant building approval (despite the fact 5
that this person may not have made or may not be required 6
to make any further or other application of a planning nature 7
under the Act or this Agreement); 8
64.3 the Council is not obliged to release approved building plans 9
to any person until any additional sewerage headworks 10
charges payable in respect of the building have been paid. 11
of Equivalent Population (residential) 12
´Calculation
65. Subject to clause 61, the Equivalent Population (number of 13
equivalent persons) for an allotment intended for residential uses is 14
calculated by multiplying the number of proposed residential units 15
nominated by Robina for the allotment by 2.4, that is to say by the 16
following formula:-- 17
EP = NOU x 2.4 18
where 19
(1) EP is the Equivalent Population for the purpose of 20
calculating the sewerage headworks charges in respect of the 21
allotment 22
(2) NOU is the number of residential units nominated by 23
Robina as intended to be constructed on each allotment. 24
To give effect to this clause, Robina must, at the time of lodging a 25
plan of subdivision creating allotments intended for residential 26
development, nominate the number of residential units intended to 27
be constructed on each allotment shown on that plan. If a concept 28
plan for the development of any allotment has been approved by the 29
Council pursuant to Parts 9, 10 or 11 of the Second Schedule, the 30
number of units so nominated must accord with the approved 31
concept plan. 32
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Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Entitlement (residential) 1
´Development
66. Upon payment of the sewerage headworks charges calculated by 2
reference to the Equivalent Population determined in accordance 3
with clause 65, the Council must not impose further sewerage 4
headworks charges in respect of development on that allotment 5
containing not more than the number of residential units nominated. 6
Headworks (residential) 7
´Additional
67. In the event that it is proposed to construct on an allotment for 8
which sewerage headworks charges have been paid on the basis of 9
the calculation in clause 65, more than the number of residential 10
units nominated for the purposes of that calculation, additional 11
sewerage headworks charges must be paid. The additional charges 12
must be calculated and paid in accordance with the provisions 13
following:-- 14
67.1 the total sewerage headworks charges will not in any event 15
be less than the amount already paid; 16
67.2 if the Equivalent Population calculated for the residential 17
units (applying clause 65 to the actual number of residential 18
units proposed) exceeds the Equivalent Population originally 19
calculated in accordance with clause 65, additional water 20
headworks charges are payable in respect of the Equivalent 21
Population represented by the difference between the two 22
calculations; 23
67.3 the amount of the additional sewerage headworks charges is 24
that difference (in equivalent persons) multiplied by the 25
applicable rate per equivalent person under the relevant 26
planning policy as at the date building approval is granted for 27
the building or buildings containing the residential units; 28
67.4 the additional sewerage headworks charges must be paid by 29
the person proposing to undertake the development 30
permitted by the relevant building approval (despite the fact 31
that this person may not have made or may not be required 32
to make any further or other application of a planning nature 33
under the Act or this Agreement); 34
114
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
67.5 the Council is not obliged to deliver the approved building 1
plans to any person until any additional sewerage headworks 2
charges payable in respect of the building or buildings have 3
been paid. 4
Refund of Contributions Paid 5
´No
68. Regardless of the nature, size or scale of any final development 6
actually carried out, the Council is not under any circumstances 7
obliged to repay or refund any sewerage headworks charges 8
calculated and paid in accordance with clauses 62 or 65. 9
Context--Sewerage 10
´Regional
69. Robina Town Centre forms an integral part of the area serviced by 11
the Merrimac Trunk Sewerage System in the South Albert 12
Sewerage System as defined and costed in the document "Albert 13
Shire--Schedule of Headworks Contributions--July 1991 to June 14
1992" forming part of the Council's relevant planning policy. That 15
Scheme provides for the sewerage headworks necessary to service, 16
inter alia, the proposed development. The internal trunk sewer 17
mains forming part of that Scheme which are shown on Plan 2/5/1 18
("the sewerage works") are accordingly works the cost of which 19
will be defrayed from sewerage headworks charges if the works are 20
constructed by the Council. 21
by Robina 22
´Construction
70. If the sewerage works (or any part) are not constructed by the 23
Council, Robina intends during the course of the development, at its 24
own cost and in stages related to Service Districts, to construct the 25
sewerage works so as to provide sewerage to the proposed 26
development. Any such construction will be carried out by Robina 27
at its election and for its own benefit and Robina assumes no 28
obligation to any person to carry out any construction at any time. 29
Plans to be Sealed until Sewerage Available 30
´No
71. Subject to clause 18 in the body of this Agreement, the Council is 31
not obliged to seal and release any plan of subdivision (other than 32
one creating only management lots or only lots in the Robina Town 33
Centre Core) unless the Service District in which the land is 34
115
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
contained is within the catchment able to be serviced by completed 1
sewerage works. 2
of Construction 3
´Mode
72. In the event that Robina undertakes construction of the sewerage 4
works, it must do so to suit the rate and location of development. 5
Credits for Construction 6
´Headworks
73. If Robina constructs all or some of the sewerage works then it is 7
entitled to set off the cost of that construction against the sewerage 8
headworks charges otherwise payable by it in accordance with the 9
provisions following:-- 10
73.1 the set off is by way of an Equivalent Population Credit 11
("EPC") and is measured in numbers of equivalent persons; 12
73.2 Robina is entitled to an EPC for each stage or component of 13
the sewerage works constructed by it; 14
73.3 Table 2/5/2 sets out the stages or components of the 15
sewerage works which give rise to an EPC (under the 16
column headed "Stage") and the EPC for each stage 17
(opposite each stage under the column headed "EPC"); 18
a credit to which Robina has become entitled must be 19
allowed against any calculation of sewerage headworks 20
charges which would otherwise be payable on the sealing 21
and release of a plan of subdivision by deducting the EPC 22
from the Equivalent Population in respect of which charges 23
would otherwise be calculated, that is to say by the following 24
formula:-- 25
HWEP EPC = HWEP Due 26
where 27
(1) HWEP is the Equivalent Population which would be 28
used to calculate sewerage headworks charges but 29
for this clause; and 30
(2) EPC is the Equivalent Population Credit; and 31
(3) HWEP Due is the Equivalent Population which is 32
116
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
actually used to calculate sewerage headworks 1
charges after application of this clause. 2
Carried Forward 3
´Credits
74. In the event that the EPC exceeds HWEP when sewerage 4
headworks charges are calculated in respect of any plan, no 5
sewerage headworks charges are payable in exchange for sealing 6
and release of the plan and:-- 7
74.1 the EPC is reduced by HWEP; 8
74.2 the (reduced) EPC is carried forward to be applied in 9
accordance with clause 73 the next time sewerage 10
headworks charges are otherwise payable by Robina. 11
of Moneys Payable and EPC 12
´Administration
75. For the purpose of administration of the moneys paid/payable by 13
Robina and the EPC to which it is from time to time entitled, 14
Robina and the Council must maintain a statement of account in the 15
form contained in Drawing 2/5/3. Robina and the Engineer must at 16
the completion of each Service District (and at least once every six 17
months in any event) verify the statement of account for the 18
preceding period and on agreement being reached as to the balance, 19
the statement must be certified by Robina and the Engineer as being 20
correct. 21
Credit Arises 22
´When
76. Robina is entitled to the EPC set out in Table 2/5/2 on completion of 23
construction of the stage or component to which the EPC is related. 24
Where only part of a stage is completed, the EPC to which Robina 25
is entitled at any given time in respect of that stage is calculated pro 26
rata, having regard to the length of line constructed at that time. 27
Distribution Indicative Only 28
´Population
77. Plan 2/5/4 shows a distribution of total equivalent population, which 29
distribution is indicative and prepared for sewerage planning 30
purposes only. The distribution of the ultimate population of the 31
proposed development is not known and will evolve over time but 32
the total ultimate equivalent population must not exceed the total 33
117
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
shown on Plan 2/5/4. 1
Schemes 2
´Alternate
78. The EPC calculation in Table 2/5/2 is based upon the scheme shown 3
in Plan 2/5/1. In the event that the parties agree to substantially alter 4
the scheme shown on Plan 2/5/1, they must prepare a new table in 5
the form of Table 2/5/2 showing the estimated cost of construction 6
in 1991 dollars of the altered scheme and that Table must then be 7
substituted for Table 2/5/2. The EPC for the revised scheme must 8
be calculated by dividing the estimated cost shown in the substituted 9
table by 636. 10
In this clause, "cost in 1991 dollars" means at the same rate or rates 11
as were used by the consulting engineers to Robina and the Council 12
in calculating the amounts shown under the column "Estimated 13
Cost of Construction" in Table 2/5/2. 14
of Easements 15
´Grant
79. If any part of the sewerage works are constructed within the 16
combined site on land which is not and is not to become a dedicated 17
road or public lands, Robina or, as the case requires, Robina 18
Properties must at its cost grant to the Council a sewerage easement 19
on the Council's usual terms over the land upon which the sewerage 20
works are constructed. 21
118
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ART 6 1
P
ARKS--OPEN SPACE--PATHWAYS/BIKEWAYS 2
´P
AND LANDSCAPING 3
of Intent 4
´Statement
80. It is the intent of this Part to prescribe exhaustively Robina's 5
obligations to provide land for open space in connection with the 6
proposed development and also in connection with the balance of its 7
development of the land referred to in the Development Deed. The 8
requirements contained in this Part, taken with open space 9
previously provided by Robina, ensure the well-planned, orderly, 10
sensible and practical provision of open space for the whole of the 11
development contemplated by the Development Deed. 12
If the requirements of this Part are performed, the provision of open 13
space will not be a matter which the Council will have to consider 14
when determining subsequent applications (except for the purpose 15
of giving effect to this Part). It is accordingly provided by this Part 16
that conditions relating to the provision of open space must not be 17
imposed upon subsequent applications except as specifically 18
contemplated by this Part. 19
of Open Space 20
´Provision
81. Robina must transfer to or cause to revert to the Crown for use as 21
open space:-- 22
81.1 those parcels of land outlined in red on Plan 2/6/1; and 23
81.2 an additional six hectares of land within the combined site. 24
Satisfaction by Certain Required Transfers 25
´Partial
82. The requirement in clause 81.2:-- 26
82.1 is satisfied in part by the transfer of land for the buffer zone 27
pursuant to clause 86 but only if a pedestrian/bikeway is 28
constructed in it; 29
119
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
82.2 is satisfied in part by the transfer of the land required by 1
clause 87, 2
and the balance of the requirement must be satisfied in accordance 3
with clauses 88 to 90. 4
of Open Space 5
´Development
83. Robina must develop the parcels referred to in clause 81.1 to the 6
extent and at the times specified in Table 2/6/2 and in accordance 7
with Plans 2/6/3 to 2/6/6. 8
Network 9
´Pedestrian/Bikeway
84. Robina must provide a pedestrian/bikeway network which gives 10
effect to the concepts and intent illustrated by Plan 2/6/7. 11
Plan 2/6/7 is not necessarily the only appropriate layout and Robina 12
may propose a substituted plan to suit the circumstances from time 13
to time existing. If the Council is satisfied that any such plan gives 14
effect to the concepts and intent illustrated by Plan 2/6/7, it must 15
approve that plan which is thereafter substituted for Plan 2/6/7. 16
The network must be constructed substantially in accordance with 17
the approved plan from time to time (or Plan 2/6/7 if no other plan 18
is approved). 19
Bikeway Construction Requirements 20
´Pedestrian
85. The pedestrian/bikeway network must be constructed as follows: 21
85.1 the time at which construction must be carried out is:-- 22
85.1.1 where a network section is located within a road 23
reserve, at the time of construction of the road; 24
85.1.2 where a network section is located within open 25
space/park on which other construction work is to be 26
carried out, at the time of construction of the open 27
space/park; and 28
85.1.3 in other cases, prior to dedication of the land to the 29
Crown. 30
85.2 the pavement for pedestrian/bikeways must be a minimum 31
120
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
of 2 metres wide and the continuous pedestrian access 1
pavements must be a minimum of 1.2 metres wide. 2
Buffer 3
´Highway
86. Robina must, prior to the completion of Stage 1, transfer to the 4
Crown the land outlined in black on Plan 2/6/1 as open space for use 5
as a highway buffer. Robina must:-- 6
86.1 if DOT plans to carry out works within or affecting that 7
buffer, after completion of those works; or 8
86.2 by the completion of Stage 1, 9
whichever is the later, carry out planting of the buffer in accordance 10
with Plan 2/2/3. 11
Any bikeway or path way contained in the buffer must be 12
constructed in conjunction with development of the nearest 13
adjoining Service District. 14
Site 15
´Community
87. Robina must, when requested by Council, transfer to the Crown the 16
land outlined in red on Plan 2/6/9 for Local Government purposes 17
(Community Centre). 18
of Balance Open Space Requirement 19
´Plan
88. Robina must from time to time lodge with the Council for approval 20
an Open Space Master Plan showing Robina's current proposals for 21
provision of the balance of the six hectares of open space referred to 22
in clause 81.2 remaining to be provided after taking into account the 23
transfers pursuant to clause 87 and, if applicable, clause 86. The 24
first such plan must be lodged with the Council within three months 25
of the date of this Agreement having the force of law. 26
of Plan 27
´Amendment
89. The Open Space Master Plan may be amended from time to time by 28
agreement but:-- 29
89.1 the Open Space Master Plan must always show land 30
dedicated and to be dedicated as open space which makes up 31
the balance of the six hectares referred to in clause 81.2, and 32
121
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
which is reasonably comparable in terms of character as 1
open space to that shown on the first plan; 2
89.2 the Open Space Master Plan may show a greater provision 3
or proposed provision but need not do so and, if it does, 4
may be amended at any time to reduce the land dedicated 5
and to be dedicated as open space to the balance of the six 6
hectares (without a requirement to substitute other land). 7
of Balance Open Space Requirement 8
´Dedication
90. Where Robina proposes to make an application to subdivide land 9
which adjoins land shown as proposed open space on the Open 10
Space Master Plan, it must include that proposed open space in that 11
application. The Council is authorised to impose as a condition of 12
approval of such an application that the open space included in the 13
application be dedicated as open space. 14
Space Not to be Dealt With 15
´Open
91. Robina must not deal with land which is shown on the current Open 16
Space Master Plan as being proposed open space in any manner 17
whatsoever except to transfer that land to the Council or dedicate the 18
same to the Crown as open space. 19
Exhaustive 20
´Requirements
92. Upon Robina complying with the foregoing requirements of this 21
Part, its obligations to make provision for open space in respect of 22
the proposed development and under the Development Deed are 23
satisfied in full. 24
on Further Requirements 25
´Prohibition
93. The Council must not impose a condition or other obligation relating 26
in any way to the provision of open space on any subsequent 27
application except as specifically provided in clause 90. 28
122
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ART 7 1
P
ATERWAYS AND WEIRS 2
´W
Drainage Plan 3
´Merrimac
94. The Council has adopted a comprehensive Drainage Scheme for the 4
Merrimac Flood Plain known as the Merrimac Drainage Plan more 5
particularly shown on Plan 2/7/1. The works required to be 6
undertaken by Robina pursuant to this Part form part of the 7
Merrimac Drainage Plan. 8
and Specification of Works 9
´Definitions
95. In this Part:--- 10
"Mudgeeraba Creek Flood Flow Improvement Works" mean 11
widening Mudgeeraba Creek to a maximum width of 28.5 metres 12
on each side of its centre line; excavating the widening at its deepest 13
point to a maximum depth of RL-3.0 AHD; and constructing bank 14
treatment along each of the banks of the widened creek. The 15
widening and excavation must be constructed in accordance with the 16
indicative cross-section on Plan 2/7/3 so far as the circumstances 17
shall permit and allow. The method of construction may be by dry 18
excavation effected by bunding of the creek, to be undertaken only 19
during periods of the year when the expectation of rainfall is low, 20
i.e., AprilDecember. Edge treatment must be in accordance with 21
any of the designs set out in Plan 2/7/4, which the Council 22
acknowledges are appropriate and acceptable designs; 23
"Mudgeeraba Creek land" means every parcel of land having a 24
frontage to or boundary with Mudgeeraba Creek along that part of 25
Mudgeeraba Creek downstream from its intersection with the 26
Pacific Highway to its intersection with Robina Parkway; 27
"the weir works" means a weir and lock in Boobegan Creek and a 28
bridge on Robina Parkway over Mudgeeraba Creek together with 29
necessary raising of the water main on the Broadbeach-Nerang 30
Road where it crosses Boobegan Creek to allow boating access to 31
123
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
the Merrimac waterways system. 1
of Mudgeeraba Creek 2
´Widening
96. Subject to and conditional upon:-- 3
96.1 the weir works being completed by the completion of Stage 4
1; 5
96.2 the surrender of all easements over or in favour of the 6
Mudgeeraba Creek land, or the securing of other legally 7
effective arrangements whereby Robina's obligations under 8
this Part may be carried out without:-- 9
96.2.1 adversely affecting Robina's ability to lawfully 10
discharge drainage from the proposed development; 11
or 12
96.2.2 otherwise exposing Robina to any actual or potential 13
liability to other persons or to any expense additional 14
to the cost of carrying out the works specified in this 15
Part, 16
Robina must, in conjunction with the development of the land 17
shaded blue on Plan 2/7/2, or by 31 December 2000 (whichever is 18
the earlier), at its cost either:-- 19
96.3 if the legal right for Robina to carry out Mudgeeraba Creek 20
Flood Flow Improvement Works on land not owned by 21
Robina or Robina Properties has been secured by the 22
Council, carry out such works from Point A on Plan 2/7/2 23
upstream along Mudgeeraba Creek to Point B on Plan 2/7/2; 24
or 25
96.4 if that right is not secured, carry out half of Mudgeeraba 26
Creek Flood Flow Improvement Works (that is, widening 27
along the southern side only of Mudgeeraba Creek) from 28
Point A on Plan 2/7/2 upstream along Mudgeeraba Creek to 29
Point D on Plan 2/7/2. 30
Despite clause 95, if Mudgeeraba Creek upstream of Point D on 31
Plan 2/7/2 has been widened or is planned (at the time Robina 32
commences work) to be widened, to less than 28.5 metres from the 33
124
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
centre line of Mudgeeraba Creek or to a depth less than RL-3.0 1
AHD, then Robina's obligation to widen and excavate Mudgeeraba 2
Creek from Point D to Point C is reduced to the same width and 3
depth. 4
of Spoil 5
´Disposal
97. Robina is permitted to dispose of spoil resulting from such 6
widening and excavation on the land shaded in blue on Plan 2/7/2 as 7
part of its fill entitlement referred to in clause 181. 8
Transfer and Easement Surrender 9
´Land
98. Robina must transfer to the Council (subject to any encumbrance 10
easements), without compensation, any land of which it is the 11
registered proprietor required for Mudgeeraba Creek Flood Flow 12
Improvement Works and must, if required by the Council and when 13
requested by the Council, surrender the benefit of all relevant 14
downstream easements. 15
Despite the foregoing, Robina is not obliged to surrender any 16
easement if the surrender will:-- 17
98.1 adversely affect Robina's ability to lawfully discharge 18
drainage from the proposed development; or 19
98.2 otherwise expose Robina to any actual or potential liability to 20
other persons or to any expense additional to the cost of 21
carrying out the works specified in this Part. 22
of Waterways Reserve 23
´Resumption
99. It is acknowledged by Robina and the Council that the Council 24
intends to use its best endeavours to create a Waterways Reserve for 25
the widening of Mudgeeraba Creek and that it may be necessary for 26
the Council to exercise powers of compulsory acquisition for this 27
purpose. If the Council compulsorily acquires for that purpose any 28
of the combined site which Robina is required to transfer to the 29
Council under clause 98, then Robina undertakes not to claim any 30
compensation therefor and releases the Council from, and 31
indemnifies it against, any such claim accordingly. 32
125
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
and Water Bodies 1
´Specifications--Waterways
100. The designs for water body edge treatments and revetment walls as 2
set out in Plan 2/7/4 are appropriate and acceptable designs for lakes 3
and waterways within the combined site including Mudgeeraba 4
Creek. Robina may choose from these designs the design or 5
designs appropriate to the development adjacent to and/or the likely 6
use on/of and/or the function of the water body. 7
Despite the foregoing, Robina may from time to time submit 8
alternative designs to the Engineer for approval which, if approved, 9
shall be deemed to form part of or, as the case requires, replace Plan 10
2/7/4. 11
Design and construction requirements for waterways and water 12
bodies are as follows:-- 13
100.1 the nominal standing water level for the general lake and 14
waterways system is to be a minimum of RL 0.6 AHD; 15
100.2 water body edge treatments Type A and B shown on Plan 16
2/7/4 are permissible treatments in passive recreation 17
locations only; 18
100.3 waterways must be excavated such that a minimum depth of 19
2.6 metres of water exists from the nominal standing water 20
level in each waterway, except over batter profiles and 21
beaches. 22
and Staging of Earthworks 23
´Timing
101. Earthworks Zone ED on Plan 2/11/3 and that part of Earthworks 24
Zone EF on Plan 2/11/3 which covers the connection from the 25
proposed Town Centre lake to Mudgeeraba Creek must be 26
completed by the completion of Stage 1. 27
Earthworks for the lakes and waterways must otherwise be carried 28
out in stages and must be carried out in conjunction with the 29
development of the Earthworks Zone in which they are situated. 30
Robina is not required to carry out earthworks in any zone in 31
advance of the development of that zone (but may elect to do so). 32
126
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
of Construction 1
´Standards
102. The overriding requirement for the standard of works carried out by 2
Robina under this Part is that it be consistent with other work carried 3
out by the Council or other persons in connection with the Merrimac 4
Drainage Plan. Accordingly, and despite anything in this Part, the 5
standard of construction of any works to be carried out by Robina 6
under this Part is the lesser of:-- 7
102.1 the standards specified in this Part; 8
102.2 the standards specified in the Merrimac Drainage Plan; or 9
102.3 the standards actually specified for other works of a similar 10
nature pursuant to the Merrimac Drainage Plan or to which 11
such works are actually constructed. 12
of Erosion/Siltation 13
´Control
103. Robina must use and conform to such good and workmanlike 14
construction practices which are reasonably necessary to control 15
erosion or siltation of waterways on the combined site and in 16
adjoining areas, including installation of silt traps in accordance with 17
accepted soil conservation practices and to the requirements of the 18
Engineer. 19
Weir and Lock Construction 20
´Bridge,
104. Robina acknowledges that the Council is undertaking the 21
co-ordination of agreements between all owners of Mudgeeraba 22
Creek Land (who are set out in Table 2/7/6) and Sun Lakelands Pty. 23
Ltd. (ACN 010 907 561) by which:-- 24
104.1 Sun Lakelands Pty. Ltd. will construct the weir works under 25
contract with the Council; 26
104.2 the Council will construct the weir works (or the balance 27
thereof) if Sun Lakelands has not completed construction of 28
the weir works by 30 June, 1993; and 29
104.3 the Council will be reimbursed by those landowners for part 30
of the cost to it under that contract or in carrying out the 31
construction in the amounts set out beside their names in 32
127
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Table 2/7/6. 1
The weir works are to be constructed for the purpose of improving 2
drainage and flood control in the Merrimac flood plain and 3
providing access by vessels to those lands from the existing 4
navigable waterways. The location of the weir works are shown on 5
Plan 2/7/5 and the present navigable water is marked thereon in 6
blue. 7
Clause 104.2 does not, of itself, create a legal relationship between 8
the Council and parties (other than Robina) who may benefit from 9
the weir works. 10
Contribution 11
´Robina
105. In accordance with that proposal, Robina has contributed the sum of 12
$550,000.00 to the cost of the weir works, which sum was paid to 13
the Council on 30 December 1991 and is being held by the Council 14
in its trust account. 15
The Council may use the monies contributed by Robina to defray 16
the cost of construction of the bridge on Robina Parkway over 17
Mudgeeraba Creek (being part of the weir works). The monies may 18
be paid for that purpose to Sun Lakelands Pty Ltd (or any other 19
party who has carried out or completed the work in lieu of Sun 20
Lakelands Pty Ltd, including the Council itself) upon issue of the 21
Engineer's certificate of practical completion of the bridge and 22
associated works referred to in the agreement between the Council 23
and Sun Lakelands Pty Ltd dated 16 June, 1992. 24
In any event, no further contribution to the weir works is payable by 25
Robina. 26
If substantial progress has not been made towards completion of the 27
whole of the weir works by 31 December, 1993, or if clause 106 is 28
not satisfied, then the Council must refund the sum of $550,000.00 29
to Robina together with interest thereon at the rate or rates which 30
would have been earned had the moneys been invested and re- 31
invested from time to time with Westpac Banking Corporation on 32
90 day call commencing on 31 December, 1991. Aside from the 33
obligation to make that refund, and despite clause 104.2:-- 34
128
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
105.1 the Council has no liability to Robina on any account 1
(including economic loss) in damages or otherwise; and 2
105.2 Robina has no other remedy against the Council, 3
in the event that substantial progress has not been made towards 4
completion of the whole of the weir works by 31 December, 1993. 5
of Mudgeeraba Creek Bridge 6
´Height
106. It is acknowledged as a fundamental term in relation to Robina's 7
obligation under clause 105 that the underside of the bridge on 8
Robina Parkway over Mudgeeraba Creek must be at least RL 4.783 9
AHD. 10
To Carry Out Additional Work in Certain Circumstances 11
´Robina
107. If at the completion of Stage 1 or 31 December 1995, whichever is 12
the later:-- 13
107.1 the deepening of that section of Mudgeeraba Creek from 14
Robina Parkway upstream to Point A on Plan 2/7/4 (being 15
part of the Mudgeeraba Creek Flood Flow Improvement 16
Works) has not been undertaken by others; and 17
107.2 the Council has the appropriate right and authority over the 18
area of Mudgeeraba Creek to be excavated in that regard, 19
Robina agrees to remove at its cost 40,000 cubic metres of soil 20
along and from that section of Mudgeeraba Creek and in doing so it 21
is permitted to dispose of the soil on the combined site as part of its 22
fill entitlement referred to in clause 181. 23
Despite the aforesaid specification as to time, if that section of 24
Mudgeeraba Creek has been dewatered by Sun Lakelands Pty Ltd 25
(or a successor in title) before Robina's obligations would otherwise 26
arise, and Sun Lakelands Pty Ltd or its successor does not wish to 27
retain or use the material to be excavated, then the Council may 28
require Robina to carry out its obligations under this clause upon the 29
section being dewatered. 30
129
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ART 8 1
P
COMMUNITY FACILITIES 2
´
of Public Library 3
´Lease
108. Robina must, upon the completion of Stage 1, grant to the Council 4
(and the Council must take) a lease of 1000 square metres of floor 5
space which is accessible to all members of the public, including 6
disabled persons, in a building to be nominated by Robina and 7
which is reasonably satisfactory to the Council and which is within 8
the major shopping development in the Robina Town Centre Core 9
for use as a public library. 10
of Public Library Lease 11
´Terms
109. The lease referred to in clause 108 must be on the following terms 12
and conditions:-- 13
109.1 the annual rental in the first year of the lease shall be $100.00 14
per square metre and the Council will not be required to pay 15
any additional monies in respect of outgoings or similar 16
expenses of the lessor; 17
109.2 the rental for each subsequent year of the lease and the first 18
and subsequent years of any further term or terms granted 19
consequent upon the exercise of an option will be subject to 20
increase in proportion to the increase in the Consumer Price 21
Index (All Groups--Brisbane) each year over and above the 22
Consumer Price Index (All Groups--Brisbane) for the 23
quarter ended immediately before the commencement of the 24
term, but under no circumstances shall the rental ever be less 25
than that being paid in the preceding year; 26
109.3 the term is for ten years with two options for the lessee to 27
renew each for a further ten years; 28
109.4 commencing date is the date of completion of Stage 1; 29
109.5 the premises must be used for the purpose of a public library 30
130
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
(including reading and meeting rooms and book storage); 1
109.6 facilities must be provided within the premises to a standard 2
of furnishing and amenity not less than that normally 3
provided by Council in other areas of the Shire; 4
109.7 the other terms and conditions of the lease must be the same 5
as in other leases in that building adapted to the extent 6
necessary to take account of the fact that the lessee is a public 7
authority rather than a commercial tenant. 8
of Community Centre--Council's Notice 9
´Lease
110. The Council:-- 10
110.1 must on 30 June, 2001 if it has not by that date provided a 11
community centre on the land outlined in red on Plan 2/6/9; 12
and 13
110.2 may, prior to 30 June, 2001 if it so wishes, 14
notify Robina that it wishes to take a lease from Robina of not more 15
than 1000 square metres of floor space which is accessible to all 16
members of the public, including disabled persons, in a building to 17
be nominated by Robina and which is in the major shopping 18
development in the Robina Town Centre Core for use as a 19
community centre (including provision of meeting rooms). 20
Upon that notice being given, Robina must use its best endeavours 21
to allocate or otherwise provide floor space in a building in the 22
Robina Town Centre Core over which the requested lease can be 23
granted. 24
of Community Centre--Robina's Notice 25
´Lease
111. Whenever Robina proposes to construct a building forming part of 26
the major shopping development within the Robina Town Centre 27
Core which will contain 1000 square metres of floor space which 28
will be accessible to all members of the public, including disabled 29
persons, and which will otherwise be suitable for use as a 30
community centre (including provision of meeting rooms), Robina 31
may give the Council notice of the fact that suitable space will be 32
available in the building (which notice must contain as much detail 33
131
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
of the location, shape and dimensions of the space as can practicably 1
be given). The Council may within 90 days after receipt of that 2
notice give Robina notice that it wishes to take a lease from Robina 3
of the whole or specified part of that floor space. 4
of Community Centre Lease 5
´Terms
112. If:-- 6
112.1 the Council gives a notice to Robina under clause 110 and 7
Robina is able to allocate or provide the required space; or 8
112.2 the Council gives a notice to Robina under clause 111, 9
the Council and Robina must thereupon negotiate in good faith with 10
a view to reaching agreement on the terms of the lease other than the 11
rental. The commencing annual rental must be the same rental per 12
square metre as is being paid under the public library lease as at the 13
date of commencement of the community centre lease and the 14
provision for increase of rental must be the same as in the public 15
library lease. 16
to Agree 17
´Failure
113. If:-- 18
113.1 the Council gives a notice to Robina under clause 110 and 19
Robina determines in good faith that it is impossible to 20
allocate or provide the required space or impracticable to 21
allocate or provide the required space in any reasonable 22
manner; or 23
113.2 despite negotiating in good faith pursuant to clause 112, the 24
parties are unable to reach agreement on the terms of the 25
lease other than rental, 26
the matter of the lease is at an end and neither party has any further 27
obligation in respect of that matter. A dispute in relation to Robina's 28
determination under clause 113.1 may be the subject of proceedings 29
under Section 10 of this Agreement but, as it is not the intention of 30
the parties that they be bound by lease terms unless actually agreed, 31
a failure by the parties, acting in good faith, to agree on the terms of 32
the lease other than rental may not be the subject of proceedings 33
132
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
under Section 10 of this Agreement. 1
of Community Centre/Library 2
´Operation
114. The Council must provide, maintain and operate:-- 3
114.1 a public library on the premises leased pursuant to clause 4
108 on and from the date of commencement of the lease; 5
114.2 if a lease is entered into pursuant to clause 112, a community 6
centre (including provision of meeting rooms) on the 7
premises so leased on and from the date of commencement 8
of the lease until it has provided a community centre on the 9
land outlined in red on Plan 2/6/9, at which time the Council 10
may surrender the lease subject to it having given 12 months 11
prior notice in writing to Robina. 12
133
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
ART 9 1
P
PLAN OF DEVELOPMENT--ROBINA TOWN 2
´
CENTRE CORE 3
of Intent 4
´Statement
115. This Part contains the Plan of Development for the Robina Town 5
Centre Core. It is the development code which defines the terms of 6
the Special Facilities (Robina Town Centre Core) zone and 7
controls:-- 8
115.1 the final form of development in the Robina Town Centre 9
Core; and 10
115.2 the procedures to be followed to obtain final development 11
approval in the Robina Town Centre Core. 12
Apart from shops exceeding 100,000 square metres net lettable 13
shop floor area and certain ancillary uses, no town planning consent 14
is required for uses permitted in the Robina Town Centre Core. An 15
application for final development approval must however be made 16
in respect of the final form of development proposed for any 17
allotment. The Council must approve the application if it is 18
consistent with the planning intent for the proposed development set 19
out in Part 2 and the planning intent for the Robina Town Centre 20
Core contained in this Part and otherwise complies with all relevant 21
requirements of this Agreement. 22
The Council may impose conditions contemplated by or consistent 23
with this Agreement and other relevant and reasonably required 24
conditions which relate to subject matter not specifically covered by 25
this Agreement and which are not inconsistent with this Agreement. 26
27
´Structure
116. This Plan of Development is divided into the following sections:-- 28
1. Intent of the Plan of Development; 29
134
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
2. Land uses; 1
3. Vehicle Parking; 2
4. General Development Guidelines; 3
5. Final Development Approval 4
6. Variation of Plan of Development; 5
6
´Definitions
117. In this Plan of Development, unless otherwise stipulated herein, the 7
terms used have the meanings designated in the Town Plan. 8
CTION 1 9
SE
INTENT OF THE PLAN OF DEVELOPMENT 10
´
to Strategic Plan 11
´Relation
118. The Strategic Plan envisages the creation of a number of Regional 12
Business Centres within the Shire for the provision of high order 13
retailing and other commercial facilities and which will 14
accommodate significant business, employment and cultural 15
facilities, Government services and entertainment and to which 16
significant concentrations of employment and future public transport 17
systems will be orientated. 18
Robina Town Centre which is encompassed by the land the subject 19
of this Agreement is one of the areas identified in the Strategic Plan 20
as the site of a Regional Business Centre. 21
of Robina Town Centre Core 22
´Role
119. The Robina Town Centre Core forms the central core of the 23
Regional Business Centre. 24
The Robina Town Centre Core will contain the core or central uses 25
associated with the Robina Town Centre, including the highest range 26
of retailing and other commercial facilities and will accommodate 27
significant business, employment and cultural facilities, 28
Government services and entertainment. 29
The intent of this Plan of Development is therefore to provide a 30
basis for the overall development and orderly control of the Robina 31
135
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Town Centre Core as the core of the Robina Town Centre in 1
accordance generally with the goals, objectives and intent of the 2
Strategic Plan and the Town Plan. 3
CTION 2 4
SE
AND USES 5
´L
Uses 6
´Permitted
120. The purposes for which development may be carried out without the 7
consent of the Council in the Robina Town Centre Core are:-- 8
accommodation units 9
car parks 10
catering businesses 11
child care centres 12
commercial premises 13
hotels 14
medical centres 15
offices 16
parks 17
places of worship 18
private recreation 19
professional offices 20
public recreations 21
service industries 22
service stations 23
shops not forming part of a major shopping development 24
shops forming part of a major shopping development having a net 25
lettable shop floor area not exceeding 100,000 square metres 26
showrooms 27
136
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
tourist facilities. 1
Uses 2
´Permissible
121. The purposes for which development may be carried out only with 3
the consent of the Council on the Robina Town Centre Core are:-- 4
shops forming part of a major shopping development where, if the 5
application is approved, the development (including existing 6
shops in a major shopping development) will have a net 7
lettable shop floor area greater than 100,000 square metres 8
those purposes which, when carried out in conjunction with a 9
purpose referred to in clause 120, are in the opinion of the 10
Council considered to be ancillary to that particular purpose 11
even though they do not form part of that purpose as a 12
matter of planning law. 13
Uses 14
´Prohibited
122. Development must not be carried out in the Robina Town Centre 15
Core for any purposes other than those referred to in clauses 120 16
and 121. 17
Impact Assessment Required 18
´Environmental
123. An application for the consent of the Council to use land for shops 19
forming part of a major shopping development where, if the 20
application is approved, the development (including existing shops 21
in a major shopping development) will have a net lettable shop floor 22
area greater than 100,000 square metres must be accompanied by an 23
Environmental Impact Assessment, and is otherwise made in all 24
respects in accordance with the law relating to applications for the 25
consent of the Council under the Town Plan. 26
CTION 3 27
SE
PARKING 28
´VEHICLE
Guidelines and Planning Requirements 29
´Principles,
124. Vehicle parking spaces must be provided for each development in 30
accordance with the principles, guidelines and planning 31
requirements following:-- 32
137
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
124.1 the integrated and overall planning of the development of the 1
Robina Town Centre Core (which is possible due to the scale 2
of the proposed development) means that car parking can be 3
provided in an overall orderly and planned basis which will 4
provide adequate car parking spaces within easy walking 5
distance of each development which will thereby avoid a 6
proliferation of unsightly car parking areas and a general 7
wastage of land; 8
124.2 the Council presently has special requirements for provision 9
of car parking for particular developments as set out in 10
clause 20 of the Town Plan; 11
124.3 the car parking space requirements in clause 20 of the Town 12
Plan were calculated on the basis of stand-alone 13
developments of relatively small size and therefore such 14
tables represent only indicative levels of car parking 15
provisions which are not necessarily appropriate to the 16
proposed development of the Robina Town Centre Core 17
because of the scale, complexity, mass and relationship of 18
the developments proposed; 19
124.4 not all car parking generated by a development need be 20
provided on the site of that development and parking 21
requirements for each development may wholly or in part be 22
provided off-site; 23
124.5 as it is not possible to be specific about car parking 24
provisions at the date of this Agreement, it is appropriate for 25
car parking needs to be assessed at the beginning of the 26
development of each Precinct (or the Core as a whole if there 27
are no Precincts), or at least each proposed development site; 28
124.6 this assessment must be carried out by a traffic engineer 29
whose qualifications and experience are acceptable to 30
Council taking into account some or all of the following 31
circumstances as appropriate:-- 32
124.6.1 the level of provision of public transport facilities; 33
124.6.2 the likelihood of a generation of greater or less 34
138
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
than normal peak parking demand, including 1
requirements for staff; 2
124.6.3 the location of the Precinct (or Core) or site in 3
relation to existing or proposed public car parking 4
areas and other parking areas; 5
124.6.4 the level of pedestrian/cycle accessibility; 6
124.6.5 the nature of the proposed use including hours of 7
operation and anticipated intensity; 8
124.6.6 the existing uses in the Precinct (or Core) or on the 9
site; 10
124.6.7 the levels and depth of the allotment or allotments; 11
124.6.8 the convenience and safety of vehicle access; 12
124.6.9 the proposed layout and size of parking spaces; 13
124.6.10 the provisions of any Development Control Plan 14
affecting the Precinct (or Core) or site; 15
124.6.11 the integration, overall planning, the 16
inter-relationship and compatibility of proposed 17
development; 18
124.6.12 avoidance of proliferation of unsightly car parks; 19
124.6.13 avoidance of over-provision of car parking space; 20
124.6.14 the need to encourage the use of public transport; 21
124.6.15 the amount of off-site parking spaces, including 22
kerbside parking spaces; and 23
124.6.16 such other factors as may seem to be relevant and 24
reasonable. 25
In this clause:-- 26
"off-site parking spaces" means parking spaces provided on land 27
other than the site, the development of which requires the provision 28
of parking spaces but which are within the Precinct in which the 29
development is situated (or the Core if there are no Precincts) or, if 30
139
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
not within that Precinct (or Core), within 400 metres of the 1
development. Off-site parking spaces need not necessarily be on 2
land owned by the person undertaking the development to which 3
they relate. 4
"on-site parking spaces" means parking spaces provided within the 5
curtilage of the development site to which they relate. 6
Need Assessment for each Precinct 7
´Parking
125. Before development in any Precinct (or, if there are no Precincts, 8
any part of the Core) takes place, Robina must furnish to the 9
Council an assessment described in clause 124.6 in relation to car 10
parking needs for the Precinct (or Core as a whole), which 11
assessment must be considered by the Council in determining the 12
number of parking spaces to be provided in that Precinct (or Core) 13
for the uses and developments planned and as set out in that 14
assessment. 15
If application is made for final development approval in respect of a 16
use or development substantially different (in nature or scale) from 17
what is contemplated by the assessment, the Council may refuse to 18
deal with that application until an amended assessment which takes 19
the particular site and the relevant development into account is 20
furnished. 21
Parking Spaces 22
´Off-Site
126. Developments within a Precinct (or the Core) may satisfy parking 23
space requirements by the provision of on-site or off-site parking 24
spaces or by a combination of both. 25
Where off-site parking spaces are to be provided, the Council may 26
require the applicant for final development approval to furnish a 27
certificate from the owner of any land that the required number of 28
parking spaces within the curtilage of that land as identified in that 29
certificate:-- 30
126.1 are provided or will be provided on that land; and 31
126.2 are available or will be available to the applicant and persons 32
having resort to the applicant's proposed development. 33
140
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
A certificate must not be furnished (and must be refused by the 1
Council) if it relates to parking spaces which are or have been the 2
subject of a previous certificate. 3
of Certificate 4
´Acceptance
127. Before accepting any such certificate, the Council must satisfy itself 5
that the parking spaces and the parking arrangements the subject of 6
the certificate, are adequate and, if the parking spaces have not been 7
physically constructed, the Council must also satisfy itself that 8
construction of such parking spaces will be completed not later than 9
completion of construction of the development to which it relates 10
and will be available for use as represented in the certificate. Upon 11
the Council being satisfied of those matters, it may proceed to 12
consider the application for final development approval. 13
Not to be Used Unless Spaces Provided 14
´Building
128. A person must not use or occupy, and the Council must not issue a 15
certificate of classification in respect of, a building forming part of a 16
development in respect of which off-site parking spaces are to be 17
provided unless the spaces referred to in the relevant certificate 18
furnished under clause 126 (or equivalent spaces) are constructed 19
and available for use. 20
Spaces must be Maintained 21
´Off-site
129. Off-site parking spaces provided in respect of any development 22
must continue to be available for use while that development 23
remains in existence and no redevelopment or other use of land 24
containing such parking spaces may be undertaken unless off-site 25
parking spaces, comparable in character and convenience to those 26
lost, are provided to replace those lost. 27
Parking Operations 28
´Commercial
130. Nothing in this Agreement prevents Robina or other persons from 29
providing off-site parking for monetary reward but, where a 30
certificate furnished under clause 126 refers to spaces provided or to 31
be provided in a commercially operated car park, the Council must 32
take into account the commercial terms and arrangements applying 33
to such parking in determining whether or not it is satisfied of the 34
141
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
matters referred to in clause 127. 1
of Car Parks 2
´Development
131. The Council, in assessing applications for final development 3
approval to use land as a car park, may take into consideration the 4
desirability of concentrating vehicle parking in separate and distinct 5
places and of assisting to create a multiplicity of owners of vehicle 6
parking stations so as to offer a choice for vehicle park users and 7
avoid undue concentration of ownership and control of car parks in 8
the Robina Town Centre Core. 9
CTION 4 10
SE
GENERAL DEVELOPMENT GUIDELINES 11
´
of clause 55 12
´Exclusion
132. The provisions of clause 55 of the Town Plan do not apply to 13
development in the Robina Town Centre Core. 14
Requirements 15
´Development
133. The following requirements must be met, performed or carried out 16
in respect of every development in the Robina Town Centre Core:-- 17
133.1 a person who undertakes development involving the erection 18
of a building on land within the Robina Town Centre Core 19
must, as part of that development:-- 20
133.1.1 construct a pedestrian pavement full width in 21
accordance with Urban Design Guidelines, or, if 22
there are no such Guidelines, in accordance with 23
the Council's specification, for the full length of 24
each road frontage to the development site; 25
133.1.2 construct concrete kerb and channelling to the 26
Council's specification for the full length of each 27
road frontage to the development site; 28
133.1.3 construct reinforced concrete industrial crossings 29
to the Council's specification from the kerb and 30
channelling to the property alignment at approved 31
locations where vehicular access to the property is 32
142
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
required, and provide vehicle barriers along the 1
remainder of the frontage of the site to the 2
specification of the Council; 3
133.1.4 provide drainage work specified by the Council as 4
necessary in connection with the works set out 5
above including debris traps where drainage 6
discharges directly or indirectly to the lake and/or 7
waterway system; 8
133.1.5 provide adequate reticulated sewerage and water 9
supply to development by connection to the 10
Council's services in accordance with the 11
requirements of the Council. 12
133.2 the person carrying out the development must bear the cost 13
of any alteration necessary to public utility, mains, services 14
or installations involved in the construction of the works 15
referred to in clause 133.1; 16
133.3 the materials used in and the execution of the works referred 17
to in clause 133.1 must be to the requirements and 18
satisfaction of the Council; 19
133.4 the development must incorporate cantilevered or other 20
awnings unless the final development approval specifies 21
otherwise; 22
133.5 provision must be made within the curtilage of the 23
development site for bitumen sealed loading and unloading 24
areas located separate from car parking areas and readily 25
accessible from all tenancies in the site so designed that 26
vehicles can enter and leave in forward gear; 27
133.6 the building or buildings must be set back from any road 28
frontages in accordance with the Urban Design Guidelines or 29
otherwise in accordance with the approved concept plan; 30
133.7 if buildings are to be constructed on sites fronting any lake or 31
waterway, the setback from the boundary adjoining such 32
waterway must be in accordance with the Urban Design 33
Guidelines or, if their are no such Guidelines, the Council's 34
143
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
current planning policy or any other relevant law in relation 1
to setback from water bodies. Where appropriate, 2
cantilevered awnings must be provided along any walkway 3
or access way provided across such frontage; 4
133.8 where a development site is proposed to be developed with 5
high rise business uses, the maximum ratio of floor area to 6
site area is generally four to one but the Council may 7
approve of a higher density if it is satisfied that the proposal 8
will not:- 9
133.8.1 impose traffic loads beyond desirable limits; 10
133.8.2 otherwise create a traffic hazard; or 11
133.8.3 lead to the maximum equivalent population for the 12
proposed development contemplated by this 13
Agreement being exceeded. 14
133.9 arcades must be provided, if required by the Council at the 15
time of final development approval, for the free and 16
unobstructed movement of pedestrian traffic. 17
Power 18
´Relaxation
134. Despite clause 133, the Council may with the consent of Robina 19
dispense with or modify any of the requirements or conditions 20
therein if it considers a dispensation or modification is justified, 21
having regard to:-- 22
134.1 the existing development in the area; 23
134.2 the existing and likely future amenity of the area; 24
134.3 the nature of the proposed use; 25
134.4 the provisions of the Strategic Plan. 26
Facilities/Parent's Rooms 27
´Toilet
135. Where it is proposed to erect a building having a gross floor area 28
exceeding 500 square metres, other than one for purposes not 29
involving business or commercial activity, and the Council forms 30
the view at the time application is made for final development 31
approval that there is insufficient access to toilet facilities and/or 32
144
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
parents' rooms for members of the public provided within the 1
development, the Council may require as a condition of final 2
development approval that such toilet facilities and parents' rooms 3
for the public as it considers reasonable be provided. 4
Where it is proposed to erect such a building having a lesser floor 5
area, the Council may require, as a condition of final development 6
approval, that the party undertaking the development pay a monetary 7
contribution towards the provision of such facilities in adjacent or 8
nearby areas. Any contributions received by the Council must be 9
expended, at the Council's discretion, for the purpose for which 10
received. 11
of Buildings 12
´Design
136. All buildings must be designed by a registered architect and a 13
building must not, by reason of its design, orientation or 14
construction materials, have a detrimental effect on the amenity of 15
the Robina Town Centre Core, area or adjoining development or 16
likely future development in the Robina Town Centre Core. 17
Heights 18
´Building
137. The heights of office or commercial buildings will vary from time 19
to time depending upon the requirements for office space both in 20
terms of demand for floor areas as well as the need to accommodate 21
like users in the same building, for example, the need for 22
Government Departments or a large single tenant to be housed in 23
one building. The height of any building in the Robina Town Centre 24
Core must not exceed eight storeys above average finished ground 25
level unless the Council otherwise approves upon being satisfied 26
that a particular proposal for a higher building will not:-- 27
137.1 contravene clause 136; 28
137.2 impose traffic loads beyond desirable limits; 29
137.3 otherwise create a traffic hazard; or 30
137.4 lead to the maximum equivalent population for the proposed 31
development contemplated by this Agreement being 32
exceeded. 33
145
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Design Guidelines 1
´Urban
138. The Council may make Urban Design Guidelines for the Robina 2
Town Centre dealing with the matters in this Section. To the extent 3
of any inconsistency with a provision of this Section, the Guidelines 4
supersede the relevant provision. 5
CTION 5 6
SE
FINAL DEVELOPMENT APPROVAL 7
´
Approval Required 8
´Final
139. Prior to lodging a building application in respect of any proposed 9
development within the Robina Town Centre Core, the person 10
proposing to undertake the development must make application to 11
the Council for final development approval in respect of the 12
development. 13
for Application 14
´Requirements
140. An application for final development approval must be made in 15
accordance with the law generally applicable to applications in 16
respect of a permitted use but must include concept plans of the 17
proposed development. 18
for Concept Plans 19
´Requirements
141. Concept plans forming part of an application for final development 20
approval must include the following information:-- 21
141.1 siting and configuration; 22
141.2 height and bulk; 23
141.3 relationship to adjoining buildings; 24
141.4 materials and colours; 25
141.5 relationship of building, land and water; 26
141.6 identification of climate and energy efficiency measures; 27
141.7 architectural perspectives; 28
141.8 a landscape plan which indicates the extent of soft and hard 29
landscaping elements. 30
146
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
of Application 1
´Consideration
142. In considering an application for final development approval, the 2
Council must have regard to the following:-- 3
142.1 external appearance, including selection of materials, 4
building form and orientation; 5
142.2 the relationship between the proposed development and 6
adjoining developments or likely future developments and 7
overall siting within the area; 8
142.3 protection of amenity in terms of provision of light, privacy, 9
ventilation and isolation of potential sources of noise, 10
vibrations, smells, fumes, smoke, vapour, steam, soot, dust, 11
water products, excessive light or glare or other hazards 12
likely to cause undue disturbance to persons or property not 13
connected with the use; 14
142.4 integration of the building form with the principal elements 15
of the Robina Town Centre; 16
142.5 the adequacy of climate and energy efficiency proposals in 17
terms of alignment, window apertures, pollution controls, 18
energy efficiencies and measures to prevent adverse impacts 19
upon and to enhance the environment; 20
142.6 acceptability of landscape in terms of:-- 21
142.6.1 compatibility of hard landscape elements with 22
adjoining similar elements; 23
142.6.2 appropriateness of plant species; 24
142.6.3 provision for maintenance. 25
on Application 26
´Decision
143. In deciding an application for final development approval, the 27
Council must:-- 28
143.1 approve the application; 29
143.2 approve the application, subject to conditions; or 30
143.3 refuse the application. 31
147
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
for Refusal 1
´Ground
144. An application for final development approval must not be refused 2
except on the ground that the development proposed by the 3
application does not accord with this Agreement in that it, or some 4
feature of it:-- 5
144.1 conflicts with the planning intent contained in Part 2 of the 6
Second Schedule and this Part or evinced by Area and 7
Precinct plans (if any) which include the land to which the 8
application relates, and there are not sufficient planning 9
grounds to justify proceeding with the development 10
proposed despite the conflict; or 11
144.2 does not comply with or make provision for compliance 12
with a requirement of this Part. 13
of Approval 14
´Conditions
145. The only conditions to which approval of an application for final 15
development approval can be subjected are:-- 16
145.1 conditions specifically authorised by, contemplated by or 17
consistent with this Agreement; and 18
145.2 conditions relevant to and reasonably required by the 19
proposed development or otherwise authorised by law from 20
time to time which relate to matters other than those dealt 21
with in Parts 3 to 8 and 12 of the Second Schedule. 22
Run with Land 23
´Conditions
146. Conditions to which approval of an application for final 24
development approval is subject attach to the development site and 25
are binding on successors in title. 26
of Building Application 27
´Consideration
147. The Council is not required to consider an application for building 28
approval in respect of a proposed building in the Robina Town 29
Centre Core:-- 30
147.1 in respect of which there is no final development approval; 31
or 32
148
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
147.2 which does not conform in all material respects to a final 1
development approval relevant to the proposed building. 2
Where a final development approval relevant to a proposed building 3
is subject to conditions, a building application does not conform to 4
that approval unless it indicates compliance with, or adequate 5
provision for compliance with, every such condition. 6
of Classification 7
´Certificate
148. The Council must not issue a certificate of classification for any 8
building in the Robina Town Centre Core unless it conforms in all 9
material respects with the final development approval relevant to the 10
building. 11
Where the final development approval relevant to a proposed 12
building is subject to conditions, the building does not conform to 13
that approval unless there is compliance with every such condition. 14
CTION 6 15
SE
PLAN OF DEVELOPMENT 16
RIATION OF
´VA
to Vary 17
´Power
149. The Council may at any time at the request of and with the consent 18
of Robina modify or vary the terms of this Plan of Development 19
having regard to:-- 20
149.1 the existing development in the area; 21
149.2 the existing and likely future amenity of the area; 22
149.3 the provisions of the Strategic Plan; 23
149.4 any Urban Design Guidelines approved by the Council for 24
the Robina Town Centre. 25
149
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
PART 10 1
DEVELOPMENT REQUIREMENTS--SPECIAL 2
´
BUSINESS ZONE 3
of Intent 4
´Statement
150. This Part is a supplementary development code to be applied to that 5
part of the subject land to be included in the Special Business zone. 6
Most of the uses intended to be established in that zone are 7
permitted development subject to conditions or permissible with the 8
consent of the Council under the Town Plan and it is not intended 9
that this Part supplant the Town Plan in that regard except that an 10
application for notification of conditions may be refused in particular 11
limited circumstances where the proposal conflicts with this 12
Agreement. That aside, this Part contains provisions to be applied 13
by the Council when deciding applications for notification of 14
conditions or consent to carry out development. It is to that extent a 15
modification of clauses 20 and 55 of the Town Plan for all purposes 16
relating to development in the Special Business zone. 17
Parking 18
´Vehicle
151. Section 3 of Part 9 applies to control and regulate the provision of 19
vehicle parking in the Special Business zone and is incorporated by 20
reference into this Part as though each reference to "Robina Town 21
Centre Core" were a reference to land in the Special Business zone 22
and each reference to "final development approval" were a reference 23
to notification of conditions of permitted development under the 24
Town Plan or, as the case requires, consent under the Town Plan 25
and the provisions of clause 20 of the Town Plan do not apply to the 26
land in the Special Business zone. 27
Development Guidelines 28
´General
152. Section 4 of Part 9 applies to control and regulate requirements for 29
development in the Special Business zone and is incorporated by 30
reference into this Part as though each reference to "Robina Town 31
150
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Centre Core" were a reference to land in the Special Business zone 1
and each reference to "final development approval" were a reference 2
to notification of conditions of permitted development under the 3
Town Plan or, as the case requires, consent under the Town Plan 4
and the provisions of clause 55 of the Town Plan do not apply to the 5
land in the Special Business zone. 6
Plans to Form Part of Application 7
´Concept
153. Every application under the Town Plan for the consent of the 8
Council to carry out development and every application under the 9
Town Plan for notification of conditions on a permitted 10
development must include concept plans for each proposed building 11
complying with clause 141. 12
Matters for Consideration 13
´Additional
154. When considering an application referred to in clause 153, the 14
Council must, in addition to all other matters required by the 15
relevant law, have regard to:-- 16
154.1 all provisions of this Agreement relating to the planning 17
intent or to development requirements for the land to which 18
the application relates; 19
154.2 the planning intent evinced by Area and Precinct plans (if 20
any) which include the land to which the application relates; 21
and 22
154.3 the matters referred to in clause 142 so far as they are 23
relevant to the application. 24
and Ground of Refusal 25
´Power
155. Without otherwise affecting the Council's powers under the relevant 26
law, the Council may refuse an application under the Town Plan for 27
the consent of the Council to carry out development or, despite 28
clause 5(1)(b) of the Town Plan and clause 5 of Division 3 of Part 2 29
of By-law 24, an application under the Town Plan for notification of 30
conditions of permitted development in respect of land in the Special 31
Business zone if the development proposed:-- 32
155.1 conflicts with the planning intent contained in Part 2 of the 33
151
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Second Schedule or evinced by Area and Precinct plans (if 1
any) which include the land to which the application relates 2
and there are not sufficient planning grounds to justify 3
proceeding with the development proposed despite the 4
conflict; or 5
155.2 does not comply with or make provision for compliance 6
with a requirement contained in or incorporated by reference 7
into this Part. 8
of Approval 9
´Conditions
156. Approval of an application referred to in clause 153 may be given 10
subject to:-- 11
156.1 conditions specifically authorised by, contemplated by or 12
consistent with this Agreement; and 13
156.2 conditions otherwise authorised by the relevant law except 14
conditions relating to a matter dealt with in Parts 3 to 8 and 15
12 of the Second Schedule. 16
Approvals to be Consistent 17
´Building
157. Clauses 147 and 148 apply to control and regulate the consideration 18
of building applications and the issue of certificates of classification 19
for buildings forming part of development in the Special Business 20
zone and are incorporated by reference into this Part as though each 21
reference to "Robina Town Centre Core" were a reference to land in 22
the Special Business zone and each reference to "final development 23
approval" were a reference to notification of conditions of permitted 24
development under the Town Plan or, as the case requires, consent 25
to carry out development under the Town Plan. 26
152
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
PART 11 1
EVELOPMENT REQUIREMENTS--KERRYDALE 2
´D
LAND 3
of Intent 4
´Statement
158. This Part is a supplementary development code to integrate the 5
development of the Kerrydale land with that of the rest of Robina 6
Town Centre. The Kerrydale land is zoned Special Facilities (Golf 7
Course, Hotel, Accommodation Units and Public Open Space) 8
consequent upon the approval and gazettal of Rezoning Application 9
No. 2061 and may be used for those purposes without the consent 10
of the Council but subject to compliance with relevant and 11
reasonably required conditions. The conditions originally imposed 12
on approval of that application overlap to a large degree with 13
provisions of this Agreement and have largely been rendered 14
redundant by inclusion of the Kerrydale land in the combined site to 15
be developed in accordance with this Agreement. This Part 16
accordingly:-- 17
158.1 specifies development requirements, derived from those 18
conditions, which have operation specifically in relation to 19
the Kerrydale land; and 20
158.2 ensures that the development control process applying to the 21
Kerrydale land is consistent with the process applying to the 22
rest of Robina Town Centre. 23
Plan of Development 24
´Kerrydale
159. Development of the Kerrydale land must be carried out substantially 25
in accordance with plan 2/11/1. 26
Development Requirements 27
´Kerrydale
160. The following requirements must be met, performed or carried out 28
in respect of development of the Kerrydale land in accordance with 29
Plan 2/11/1:-- 30
153
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
160.1 buildings must be constructed only in materials of 1
construction approved by the Council; 2
160.2 the site of each detached dwelling, duplex dwelling or 3
building containing residential units must be filled to a 4
minimum level of RL 4.4 metres AHD. A report from a 5
qualified engineer as to the extent and nature of fill 6
proposed must be submitted for the approval of the 7
Council prior to filling operations commencing and filling 8
must be carried out in accordance with the approved report; 9
160.3 provision must be made for all site drainage and 10
stormwater run-off to be channelled to the road or drainage 11
outlet designated by Council; 12
160.4 no access is to be provided to the golf course and its 13
associated facilities off Thorngate Drive; 14
160.5 all services and utilities along any road frontage of the 15
Kerrydale land which are affected by the development must 16
be relocated or otherwise adjusted by and at the cost of the 17
party undertaking development; 18
160.6 each component of the development must be connected to 19
Council's reticulated sewerage scheme at a point nominated 20
by Council by and at the cost of the party undertaking 21
development; 22
160.7 each component of the development must be connected to 23
Council's water supply system by and at the cost of the 24
party undertaking development; 25
160.8 access must not be provided to the golf course and its 26
associated residential areas to or from Kidman Street; 27
160.9 watering of the site or other means must be used to prevent 28
dust from affecting adjoining properties; 29
160.10 site works, construction works or the like may be 30
conducted only between the hours of 7.00 am and 6.00 pm 31
Monday to Friday inclusive. Work must not be carried out 32
outside these hours or on Saturday, Sunday or public 33
154
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
holidays unless specifically approved by Council; 1
160.11 provision must be made within the development for a 2
wheelie bin or industrial bin service, in accordance with 3
Council policy at full cost to the applicant; 4
160.12 maximum height of residential units is four storeys; 5
160.13 maximum height of the resort hotel building is eight 6
storeys. 7
Approval Required 8
´Detailed
161. Prior to lodging a building application in respect of any building 9
shown on Plan 2/11/1, other than a detached dwelling house or 10
duplex dwelling, the person proposing to undertake the development 11
must make application to the Council for detailed development 12
approval in respect of the development. 13
for Application 14
´Requirements
162. An application for detailed development approval must be made in 15
accordance with the law generally applicable to applications in 16
respect of a permitted use but must include concept plans of the 17
proposed building. 18
for Concept Plans 19
´Requirements
163. Concept plans forming part of an application for detailed 20
development approval must include the following information:-- 21
163.1 siting and configuration; 22
163.2 height and bulk; 23
163.3 relationship to adjoining buildings; 24
163.4 materials and colours; 25
163.5 relationship of building, land and water; 26
163.6 identification of climate and energy efficiency measures; 27
163.7 architectural perspectives; 28
163.8 a landscape plan which indicates the extent of soft and hard 29
landscaping elements. 30
155
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
of Application 1
´Consideration
164. In considering an application for detailed development approval, the 2
Council must have regard to the following:-- 3
164.1 external appearance, including selection of materials, 4
building form and orientation; 5
164.2 protection of amenity in terms of provision of light, privacy, 6
ventilation and isolation of potential sources of noise, 7
vibrations, smells, fumes, smoke, vapour, steam, soot, dust, 8
water products, excessive light or glare or other hazards 9
likely to cause undue disturbance to persons or property not 10
connected with the use; 11
164.3 the adequacy of climate and energy efficiency proposals in 12
terms of alignment, window apertures, pollution controls, 13
energy efficiencies and measures to prevent adverse impacts 14
upon and to enhance the environment; 15
164.4 the extent to which the application including road and access 16
provision, landscaping provision and all other associated 17
matters is consistent with Plan 2/11/1. 18
on Application 19
´Decision
165. In deciding an application for detailed development approval, the 20
Council must:-- 21
165.1 approve the application; 22
165.2 approve the application, subject to conditions; or 23
165.3 refuse the application. 24
for Refusal 25
´Ground
166. An application for detailed development approval must not be 26
refused except on the ground that the development proposed by the 27
application does not accord with this Part in that it, or some feature 28
of it, is contrary to or inconsistent with Plan 2/11/1 or some other 29
provision of this Agreement applying to the development site. 30
156
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
of Approval 1
´Conditions
167. The only conditions to which approval of an application for detailed 2
development approval can be subjected are conditions which are 3
relevant and reasonably required in order to ensure that the 4
development is consistent with Plan 2/11/1 and other provisions of 5
this Agreement applying to the development site. 6
Run with Land 7
´Conditions
168. Conditions to which approval of an application for detailed 8
development approval is subject attach to the development site and 9
are binding on successors in title. 10
of Building Application 11
´Consideration
169. The Council is not required to consider an application for building 12
approval in respect of a proposed building on the Kerrydale Land:-- 13
169.1 in respect of which there is no detailed development 14
approval; or 15
169.2 which does not conform in all material respects to a detailed 16
development approval relevant to the proposed building. 17
Where a detailed development approval relevant to a proposed 18
building is subject to conditions, a building application does not 19
conform to that approval unless it indicates compliance with, or 20
adequate provision for compliance with, every such condition. 21
of Classification 22
´Certificate
170. The Council must not issue a certificate of classification for any 23
building on the Kerrydale land unless it conforms in all material 24
respects with the detailed development approval relevant to the 25
building. 26
Where the detailed development approval relevant to a proposed 27
building is subject to conditions, the building does not conform to 28
that approval unless there is compliance with every such condition. 29
157
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
PART 12 1
GENERAL 2
´
Transport 3
´Public
171. Robina acknowledges that the Queensland Department of Transport 4
has requested that Robina liaise with its Passenger Transport 5
Division to obtain advice on the provision of public transport 6
facilities described in a letter from the Queensland Department of 7
Transport to the Council dated 28 August 1990 (Document 2/12/1) 8
and undertakes to do so at the appropriate time in its planning. It is 9
acknowledged that Robina has been conducting negotiations with 10
the Department of Transport and it is understood at the date of this 11
Agreement that the Department of Transport will acquire that part of 12
the subject land necessary for the construction of the rail link to 13
Robina Town Centre and construction and provision of the 14
necessary station and passenger transport terminal. Provision has 15
been made in the plans of Robina for road access to the terminal to 16
and from arterial roads. Robina must incorporate into its planning, 17
any agreements reached with the Department for the provision of 18
public transport and in relation to the proposed route of the future 19
southern rail extension. 20
Lighting 21
´Street
172. Robina must provide street lighting to all roads, paths and bikeways 22
as part of the construction thereof in accordance with Table 2/12/2. 23
Program 24
´Construction
173. Robina must provide to the Council, within 30 days of this 25
Agreement having the force of law, an indicative timetable of all 26
works to be carried out pursuant to this Agreement in the following 27
five year period and must on or before the 30th of June in each year 28
provide to the Council a revision of such timetable. 29
So as to co-ordinate the construction of those works with the 30
Council's own works program, the Council may on or before the 31
158
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
1st of June in each year notify Robina in writing of any works to be 1
carried out pursuant to this Agreement which the Council would 2
prefer be carried out in the year commencing on the 1st of July next. 3
Robina must give due consideration and use its best endeavours to 4
incorporate any work so notified by the Council into its indicative 5
timetable for that year. 6
7
´Precincts
174. Robina must from time to time or when requested by the Council 8
provide to the Council a plan on which is delineated the current land 9
use Areas and their Precincts. A plan referred to in this clause must 10
be consistent with the planning intent contained in Part 2 of the 11
Second Schedule and otherwise consistent with this Agreement. 12
hworks 13
´Eart
175. Earthworks must be carried out by stages which will correspond to 14
each Earthworks Zone. Robina is not be required to carry out 15
earthworks in any zone in advance of its plan to develop that zone 16
(though it may do so). 17
Earthworks Zones are defined on Plan 2/12/3 and may be 18
constructed in any order chosen by Robina. Earthworks Zones may 19
be redefined by Robina from time to time by lodging with the 20
Council a plan of the redefined Earthworks Zones. Robina may not 21
redefine an Earthworks Zone wherein earthworks have been 22
commenced. 23
This clause does not relate to the earthworks shown on Plan 2/6/8 24
which will be carried out at the time specified in and in accordance 25
with Table 2/6/2. 26
of Vegetation 27
´Removal
176. The proposed development will necessitate extensive reshaping of 28
the land surface and profile and removal of vegetation. 29
Robina must, prior to commencing any clearing and/or earthworks 30
in an Earthworks Zone, submit to the Council for the approval of 31
the Engineer a report prepared by a professional engineer detailing 32
the nature and extent of the clearing and/or works proposed and a 33
159
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
plan for the regeneration/restoration of vegetation. In granting 1
approval to the report the Engineer may impose requirements for 2
the carrying out of the work including a requirement for pit burning 3
or chipping of timber. 4
of Historic Trees 5
´Preservation
177. Robina must not remove or destroy the three Bunya Pine Trees or 6
any of them growing on the land shown in Plan 2/6/10. Robina 7
must make provision for the preservation of the trees in its design 8
for development of the site which contains them and will design that 9
development so that there is no impediment to persons otherwise 10
lawfully on that site obtaining access to the trees. Robina agrees to 11
erect an historical marker in an appropriate position near the trees at 12
the time the site containing the trees is developed. 13
Drainage 14
´Downstream
178. Waterways must be constructed in a sequential manner such that 15
drainage discharge paths are available downstream of land proposed 16
for development before final development of such land commences. 17
Districts 18
´Service
179. Services must be constructed generally on a Service District by 19
Service District basis and each Service District must form part of an 20
Earthworks Zone or Zones. 21
The Service Districts as presently defined are shown on Plan 2/12/7. 22
Service Districts may be redefined by Robina from time to time by 23
lodging with the Council a plan of the redefined Service Districts. 24
Robina must not redefine a Service District wherein works (other 25
than earthworks) have been commenced and must not redefine 26
Service Districts such that the average area thereof is substantially 27
increased or decreased as compared to the average area of the 28
Service Districts defined on Plan 2/12/7. 29
Considerations 30
´Environmental
180. All plans for development of any part of the combined site, or for 31
the carrying out of any other work under this Agreement, must have 32
regard to and, so far as possible, conform with the following 33
160
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
environmental guidelines:-- 1
180.1 prohibition of planting of lantana for revegetation; 2
180.2 promotion of the breeding of water fowl and migrating birds 3
along the waterways systems to be created; 4
180.3 continuation of the present policy of Robina of creation of a 5
network of corridors and planting those corridors with native 6
species of vegetation; 7
180.4 where revegetation of cleared areas is required, continuation 8
of replanting those areas with appropriate species of 9
vegetation; and 10
180.5 employment of revegetation techniques as previously 11
employed in the Robina Development. 12
13
´Reclamation
181. So far as concerns the Council's jurisdiction and powers:-- 14
181.1 Robina presently has a credit or right to reclaim 800,000 15
cubic metres (which includes the 420,000 cubic metres 16
permitted under the original conditions of rezoning of the 17
Kerrydale land) of the Mudgeeraba Creek floodplain ("the 18
floodplain") to the north and west of Robina Parkway in the 19
area shown on Plan 2/12/4 without any corresponding 20
further obligation by it to excavate any part of the floodplain; 21
181.2 Robina may undertake that reclamation substantially in 22
accordance with Plan 2/12/5 which has been approved by the 23
Council; 24
181.3 earthworks for the construction of roads within the area 25
outlined by a broken line on Plan 2/12/5 which involve 26
filling of the floodplain form part of that reclamation. 27
Robina is not bound to reclaim the floodplain in accordance with 28
Plan 2/12/5 so long as any alternative reclamation scheme has no 29
greater impact on flood levels within the floodplain than the scheme 30
shown on Plan 2/12/5. 31
Robina may accordingly propose a substituted plan from time to 32
161
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
time. If the Council is satisfied that any such plan gives effect to the 1
intent on which Plan 2/12/5 is premised, it must approve that plan 2
which is thereafter substituted for Plan 2/12/5. 3
Filling must be carried out substantially in accordance with the 4
approved plan from time to time (or Plan 2/12/5 if no other plan is 5
approved). 6
of Reclamation Rights 7
´Record
182. For the purpose of administration of the reclamation rights to which 8
Robina is from time to time entitled, Robina and the Council must 9
maintain a balance sheet in the form contained in Drawing 2/12/6. 10
Robina and the Engineer must at the conclusion of any filling or 11
excavation work in the floodplain (and at least once every six 12
months in any event) verify the balance sheet for the preceding 13
period and on agreement being reached as to the balance, the balance 14
sheet must be certified by Robina and the Engineer as being correct. 15
of Reclamation Rights 16
´Calculation
183. For the purposes of clauses 181 and 182:-- 17
183.1 a reclamation debit is calculated by multiplying: 18
the area (in square metres) of land filled 19
by 20
(the RL of that filled area or RL 4.43 AHD, whichever is the 21
lesser) minus the RL of Natural Ground Level before filling 22
commenced, 23
and the resultant answer is expressed in cubic metres. 24
183.2 a reclamation credit is calculated by multiplying: 25
the area (in square metres) of land which has been excavated 26
by 27
(the RL of Natural Ground Level before excavation or RL 28
4.43 AHD whichever is the lesser) 29
minus 30
162
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
(the RL after excavation has been completed or RL 0.6 AHD 1
whichever is the higher) 2
and the resultant answer is expressed in cubic metres. 3
EXAMPLES OF CALCULATION OF DEBIT 4
(Assume area of filling = 20m2 and RL of Natural Ground = RL 5
1.2 AHD) 6
Example A 7
WHERE RL OF FILLED AREA IS LESS THAN RL 4.43 8
AHD:-- 9
RL 4.43 AHD___________________________ 10
RL 3.00 AHD___________________________ Height of ground 11
after filling 12
RL 1.20 AHD___________________________ RL of Natural 13
Ground before 14
filling 15
Debit = Area in m2 of filled area x (RL after fill RL at 16
Natural Ground) 17
= 20m 2 x (3.0 1.2) 18
= 20 x 1.8 19
= 36.0m 3 20
Example B 21
WHERE RL OF FILLED AREA EXCEEDS RL 4.43 AHD:-- 22
RL 5.00 AHD____________________________Height of ground 23
after filling 24
RL 1.20 AHD____________________________RL of Natural 25
Ground before 26
filling 27
Debit = Area in m2 of filled area x (RL after fill (to max of 28
4.43) RL at Natural Ground) 29
163
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
= 20m 2 x (4.43 (since fill is above 4.43) 1.2) 1
= 20 x 3.23 2
= 64.6m 3 3
EXAMPLES OF CALCULATION OF CREDIT 4
(Assume area of excavation = 20m2) 5
Example C 6
WHERE EXCAVATED AREA WAS ABOVE RL 4.43 AHD 7
AND EXCAVATED BELOW RL 0.6 AHD 8
RL 5.00 AHD___________________________ RL of Natural 9
Ground before 10
Excavation 11
RL 4.43 AHD___________________________ 12
RL 1.00 AHD___________________________ 13
RL 0.60 AHD___________________________ 14
RL 0.10 AHD___________________________ Excavated Depth 15
Credit = Area of land excavated in m2 x (RL of Natural 16
Ground or RL 4.43 AHD whichever is lower RL 17
after excavation or 0.6 whichever is higher) 18
= 20m 2 x (4.43 - 0.6) 19
= 20 x 3.83 20
= 76.6m 3 21
Example D 22
WHERE EXCAVATED AREA WAS RL 4.0 AHD AND 23
EXCAVATED TO 0.7 24
RL 4.0 AHD____________________________ RL of Natural 25
Ground before 26
Excavation 27
RL 0.7 AHD____________________________ Excavated Depth 28
Credit = Area of land excavated in m2 x (RL of Natural 29
164
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Ground RL after excavation) 1
= 20m 2 x (4.0 - 0.7) 2
= 20 x 3.3 3
= 66m 3 4
165
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
PART 13 1
OBLIGATIONS OF COUNCIL 2
´
for Elements and Objectives of Agreement 3
´Support
184. The Council acknowledges that the proposed development is a 4
desirable one and agrees that the elements and objectives of the 5
Agreement should be protected and agrees to give those elements 6
and objectives and the other contents of this Agreement such due 7
weight as is permitted by law when considering applications made 8
to it by any person in connection with development of land in the 9
region other than the combined site. 10
for Innovation 11
´Support
185. The Council acknowledges that Robina, during the course of 12
developing the combined site, plans to introduce innovative and 13
experimental forms and types of development in the public interest 14
and must, consistent with its duties and obligations under the Act 15
and any other law governing its conduct and activities, support and 16
assist Robina in fulfilling its initiatives in this respect. 17
Endeavours to Secure Contributions 18
´Best
186. The Council must endeavour to ensure that appropriate and 19
reasonable contributions towards the cost of providing or 20
constructing the roadworks set out in Table 2/13/1 are obtained from 21
developers carrying out development which has any traffic impact 22
upon the roads or intersections referred to in Table 2/13/1 or would, 23
if those roadworks were not provided by Robina, have required 24
roadworks at those locations 25
of Work by Others 26
´Performance
187. The Council must where Robina has paid for or is required to pay 27
contributions to the cost of roadworks as shown in Table 2/3/2 use 28
all reasonable endeavours to ensure that those roadworks are 29
constructed within a reasonable time. 30
166
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Liability 1
´Council's
188. The Council is not liable to Robina in damages or otherwise in 2
respect of a failure to achieve the objectives of clauses 186 or 187 3
except in the case of a wilful refusal to comply with its obligations 4
unrelated to any proper reasons or considerations connected with the 5
Council's overall responsibility for the carrying out of the functions 6
of Local Government within the Shire of Albert. 7
of Work by Council 8
´Performance
189. Except in respect of item 1 (ii) in Table 2/3/2 (for performance of 9
which the Council assumes contractual liability), the Council's 10
obligation in relation to the things which are stated to be the 11
responsibility of the Council in Table 2/3/2 is to use all reasonable 12
endeavours to do all those things within the times therein set out if 13
funds are available. 14
Road Reserves 15
´Securing
190. The Council must dedicate as a road (without compensation) such 16
of the land required for the Christine Avenue extension as shown on 17
Plan 2/13/2 as is owned by it. 18
19
´Water
191. The Council must provide operate and maintain at its own expense 20
those parts of the Reedy Creek Water Supply Scheme required to 21
provide the combined site with water supply flows at sufficient head 22
commensurate with the design of the Water Works and at a time to 23
coincide with the completion of the water works (as defined in Part 24
4 of the Second Schedule) or any part thereof within the combined 25
site. 26
27
´Sewerage
192. The Council must provide operate and maintain at its own expense 28
those parts of the Merrimac Trunk Sewerage System required to 29
service the combined site to the same standard as generally provided 30
by the Council elsewhere in the Shire at a time to coincide with the 31
completion of the sewerage works (as defined in Part 5 of the 32
Second Schedule) or any part thereof within the combined site. 33
167
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
Creek 1
´Mudgeeraba
193. The Council must use its best endeavours, as part of the 2
implementation of the Merrimac Drainage Plan, to create a 3
Waterways Reserve more or less along the present course of 4
Mudgeeraba Creek from the Pacific Highway to Robina Parkway 5
and, in doing so, to:-- 6
193.1 clarify the right title and ownership to the creek and 7
adjoining lands; and 8
193.2 extinguish the existing multitudinous and outdated drainage 9
easements in that vicinity. 10
of Easements etc. 11
´Surrender
194. The Council must use its best endeavours to procure agreements 12
from owners along Mudgeeraba Creek to the construction of the 13
Mudgeeraba Creek Flood Flow Improvements Works referred to in 14
Part 7, the dedication of any lands required in that regard and the 15
surrender of existing drainage easements affecting those lands. 16
of Agreement 17
´Enforcement
195. The Council must ensure that all development carried out by any 18
person within the subject land is carried out in accordance with the 19
spirit, intent and legal effect of this Agreement and so as to preserve 20
the integrity of the proposed development. 21
Facilities 22
´Community
196. The Council must continuously provide, maintain and operate at a 23
level of service not less than that normally provided in the Shire and 24
at its own expense:-- 25
196.1 on and from the date of commencement of the lease, a 26
public library from the premises provided by Robina 27
pursuant to clause 108; and 28
196.2 on any from the date of any lease entered into pursuant to 29
clause 112 and, in any event, by not later than 30 June, 2001, 30
a community centre (including provision of meeting rooms) 31
from either the premises so leased (if any) or, if there is no 32
168
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
lease, from the land referred to in clause 87. 1
of Services and Facilities 2
´Provision
197. Subject to its overriding legal responsibility to perform the functions 3
of local government in the manner best calculated to serve the 4
interests of all inhabitants of the Shire of Albert as a whole, the 5
Council must provide Council services, facilities and amenities to 6
Robina Town Centre and maintain, manage and upkeep amenities, 7
facilities, roads, parks, and public open space provided by Robina to 8
the same standard as generally provided by the Council elsewhere in 9
the Shire. 10
of Parks 11
´Use
198. The Council agrees not to intensify or permit intensification of 12
development of parks and open space without consultation with and 13
consideration of community views. 14
Opening and Closure--Christine Avenue 15
´Road
199. As the existing Christine Avenue delineated on Plan 2/13/2 is no 16
longer required and is to be replaced by Robina dedicating the 17
proposed Christine Avenue extension as delineated on Plan 2/13/2, 18
the Council must, subject to clause 200, effect a closure of and a 19
transfer to Robina of the existing Christine Avenue road reserve to 20
be carried out by the Council in conjunction with the dedication by 21
Robina of the land required for the proposed new Christine Avenue 22
extension. 23
with Department of Lands 24
´Negotiations
200. The Council agrees to use its best endeavours to negotiate the 25
required road closure and opening on the basis that no consideration 26
or purchase price is payable by either party in relation to the 27
transaction. 28
If the Council is successful in that regard, the Council and Robina 29
must bear the costs necessarily incurred in documenting and giving 30
effect to the transaction equally. 31
If the Council is unsuccessful in that regard, the parties' respective 32
obligations under clause 199 and this clause shall cease and the 33
169
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
parties must negotiate in good faith with a view to reaching an 1
alternate agreement to give effect to the required road closure and 2
opening. 3
Robina recognises that the Council has not previously received any 4
payment in connection with this matter and that there is accordingly 5
no reason why the Council should be responsible for the payment of 6
any compensation or purchase moneys required by the Department 7
of Lands as a condition of road closure and transfer. 8
The Council recognises in this regard that the land which now 9
comprises the existing and proposed X to Y Christine Avenue road 10
reserve was dedicated by Robina free of compensation and 11
accordingly it is recognised that the road opening and closure (which 12
is effectively a land exchange) should be free of any consideration 13
payable by Robina. 14
of Place Name of Combined Site 15
´Change
201. The Council agrees to co-operate with Robina to bring about a 16
change of boundaries and, if necessary, the names of suburbs, so 17
that the place name of the suburb in which Robina Town Centre is 18
located is "Robina". 19
170
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
IN WITNESS WHEREOF the parties have executed this agreement on 1
the day and year first hereinbefore written. 2
The Common Seal of Robina R.K. HILL 3
Land Corporation Pty Ltd 4
Director
A.C.N. 010 159 387 was 5
R.J. SLAG
hereunto affixed in accordance 6
with its Memorandum and 7
Secretary
Articles of Association in the 8
presence of Robert Keith Hill a 9
Director and Robert John Slag the 10
Secretary and in the presence of: 11
12
B. REASON 13
Witness:
The Common Seal of Robina R.K. HILL 14
Properties Pty Ltd A.C.N. 010 15
Director
147 038 was hereunto affixed in 16
R.J. SLAG
accordance with its Memorandum 17
and Articles of Association in the 18
Secretary
presence of Robert Keith Hill a 19
Director and Robert John Slag the 20
Secretary and in the presence of: 21
22
B. REASON 23
Witness:
171
Local Government (Robina Town Centre
Planning Agreement) Bill
SCHEDULE (continued)
The Corporate Seal of Council of W.M. LAVER 1
the Shire of Albert was hereunto 2
Chairman
affixed in the presence of William 3
T.R.L. MOORE
Maurice Laver the Chairman and 4
Terrence Robert Leslie Moore the 5
General Manager/Shire Clerk
General Manager/Shire Clerk and 6
in the presence of: 7
8
9
Witness: Valerie TITE J.P.
© State of Queensland 1992
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