LOCAL GOVERNMENT (ROBINA TOWN CENTRE PLANNING AGREEMENT) AMENDMENT BILL 1996

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LOCAL GOVERNMENT (ROBINA TOWN CENTRE PLANNING AGREEMENT) AMENDMENT BILL 1996

Queensland LOCAL GOVERNMENT (ROBINA TOWN CENTRE PLANNING AGREEMENT) AMENDMENT BILL 1996

LOCAL GOVERNMENT (ROBINA TOWN CENTRE PLANNING AGREEMENT) AMENDMENT BILL 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3A Rezoning of land for first amending agreement . . . . . . . . . . . . . . . . 6 6 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4A Notice of making of amending agreements . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 5 (Status of planning agreement) . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 6 (Amendment of planning agreement) . . . . . . . . . . . . . . 7 9 Replacement of s 9 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Insertion of new s 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Savings and transitionals for use rights and approvals . . . . . . . . . . . 8 11 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 9 ROBINA CENTRAL PLANNING AGREEMENTAMENDMENT AGREEMENT

1996 A BILL FOR An Act to amend the Local Government (Robina Town Centre Planning Agreement) Act 1992

s1 4 s4 Local Government (Robina Town Centre Planning Agreement) Amendment The Parliament of Queensland enacts-- 1 title 2 Short Clause 1. This Act may be cited as the Local Government (Robina Town Centre 3 Planning Agreement) Amendment Act 1996. 4 amended 5 Act Clause 2. This Act amends the Local Government (Robina Town Centre 6 Planning Agreement) Act 1992. 7 of s 1 (Short title) 8 Amendment Clause 3. Section 1, `Town Centre'-- 9 omit, insert-- 10 `Central'. 11 of s 2 (Definitions) 12 Amendment Clause 4.(1) Section 2, definitions "planning agreement" and "site"-- 13 omit. 14 (2) Section 2-- 15 insert-- 16 ` "amending Act" means the Local Government (Robina Town Centre 17 Planning Agreement) Amendment Act 1996. 18 "drawing no. 8951 B" means the zoning plan-- 19 (a) identified as drawing no. 8951 B and held at the office of the 20 Council of the City of Gold Coast;1 and 21 1 The plan may be inspected at the office of the Council of the City of Gold Coast by members of the public during office hours on business days.

s4 5 s4 Local Government (Robina Town Centre Planning Agreement) Amendment (b) reproduced in the planning agreement, first schedule in a 1 modified form. 2 "first amending agreement" means an agreement in the form of the 3 agreement set out in schedule 2 and made by the parties named in the 4 agreement. 5 "further agreement" means an amending agreement, made by the parties 6 named in it, the proposed form of which was approved under a 7 regulation. 8 "modified planning scheme" means the planning scheme applying to the 9 site under section 5. 10 "1995 planning scheme" means the scheme that, for the Local 11 Government (Planning and Environment) Act 1990, was the planning 12 scheme for the former Shire of Albert immediately before the 13 commencement of the amending Act. 14 "planning agreement" means-- 15 (a) the Robina Town Centre Planning Agreement; and 16 (b) if the agreement is amended by the first amending agreement or a 17 further agreement--the agreement as so amended. 18 "Robina" means Robina Land Corporation Pty Ltd ACN 010 159 387. 19 "Robina Properties" means Robina Properties Pty Ltd 20 ACN 010 147 038. 21 "Robina Town Centre Planning Agreement" means the agreement 22 made between Robina, Robina Properties and the Council of the Shire 23 of Albert on 18 September 1992, a copy of which is set out in 24 schedule 1 (other than drawing no. 8951 B). 25 "site" means-- 26 (a) before the making of the first amending agreement--the land 27 described in the planning agreement, first schedule, parts 1 and 2; 28 and 29 (b) from the making of the first amending agreement--the land 30 described in the planning agreement, first schedule, parts 1 (other 31 than the land described in part 8), 2, 7 (section 2) and 10.'. 32

s5 6 s5 Local Government (Robina Town Centre Planning Agreement) Amendment of new s 3A 1 Insertion Clause 5. After section 3-- 2 insert-- 3 of land for first amending agreement 4 `Rezoning `3A.(1) This section applies despite section 3 and only when the first 5 amending agreement is made. 6 `(2) Category A land is excluded from its zoning, mentioned in column 2 7 for the land, under the 1995 planning scheme, and included, for the 8 modified planning scheme, in the zone mentioned in column 3 for the land. 9 `(3) Category B land is excluded from its zoning, mentioned in column 2 10 for the land, under the existing planning scheme, and included, for the 11 modified planning scheme, in the zone mentioned in column 3 for the land. 12 `(4) Category C land is excluded from its zoning, mentioned in column 2 13 for the land, under the existing planning scheme, and included, for the 1995 14 planning scheme, in the zone mentioned in column 3 for the land. 15 `(5) Category D land is excluded from its zoning, mentioned in column 2 16 for the land, under the modified planning scheme, and included, for the 17 modified planning scheme, in the zone mentioned in column 3 for the land. 18 `(6) In this section-- 19 "category A land" means the land described in the planning agreement, 20 first schedule, parts 7 (section 2) and 10, column 1. 21 "category B land" means the land described in the planning agreement, 22 first schedule, parts 7 (section 1) and 9 (items 3 and 8), column 1. 23 "category C land" means the land described in the planning agreement, 24 first schedule, part 8, column 1. 25 "category D land" means the land described in the planning agreement, 26 first schedule, part 9 (other than items 3 and 8), column 1. 27 "column" means a column shown in the planning agreement, first 28 schedule, parts 7 to 10. 29 "item", for land described in the planning agreement, first schedule, parts 7 30 to 10, means the provision relating to the land having regard to the 31 order in which the provision occurs.'. 32

s6 7 s9 Local Government (Robina Town Centre Planning Agreement) Amendment of new s 4A 1 Insertion Clause 6. After section 4-- 2 insert-- 3 of making of amending agreements 4 `Notice `4A. The Council of the City of Gold Coast must, by gazette notice, 5 notify the day of the making of the first amending agreement and any 6 further agreement.'. 7 of s 5 (Status of planning agreement) 8 Amendment Clause 7. Section 5(3)(b)-- 9 omit, insert-- 10 `(b) a local law of the Council of the City of Gold Coast (whether 11 made before or after the commencement of the amending Act); 12 or'. 13 of s 6 (Amendment of planning agreement) 14 Amendment Clause 8.(1) Section 6(1)-- 15 omit. 16 (2) Section 6(2), `to be submitted to the Governor in Council'-- 17 omit. 18 of s 9 (Regulations) 19 Replacement Clause 9. Section 9-- 20 omit, inset-- 21 power 22 `Regulation-making `9. The Governor in Council may make regulations under this Act.'. 23

s 10 8 s 10 Local Government (Robina Town Centre Planning Agreement) Amendment of new s 10 1 Insertion Clause 10. After section 9-- 2 insert-- 3 and transitionals for use rights and approvals 4 `Savings `10.(1) This section applies only when the first amending agreement is 5 made. 6 `(2) Any purpose for which premises in the saved site are being lawfully 7 used immediately before the making of the first amending agreement is 8 taken to be a lawful use of the premises under the modified planning 9 scheme. 10 `(3) Despite the making of the first amending agreement, the planning 11 agreement as in force before the making continues to apply to each final 12 development approval granted, for land in the saved site, by a local 13 government before the making. 14 `(4) Each approval (other than a final development approval), consent, 15 permission or notification of conditions granted, for land in the saved site, 16 by a local government before the making of the first amending agreement 17 continues to have effect as if it were granted under the planning agreement 18 after the making. 19 `(5) However, if an approval, consent or permission granted before the 20 making of the first amending agreement (the "original grant") and 21 mentioned in subsection (4) is subject to a time constraint, the time 22 constraint must be measured from the day of the original grant. 23 `(6) A consent mentioned in subsection (4) does not lapse under the 24 Local Government (Planning and Environment) Act 1990, section 4.13(18) 25 until 4 years after the making of the first amending agreement. 26 `(7) In this section-- 27 "saved site" means the land contained in the site before the making of the 28 first amending agreement, other than the land described in proposed 29 part 8 set out in clause 2.1.7(b) of the form of agreement in schedule 2. 30

9 Local Government (Robina Town Centre Planning Agreement) Amendment of new sch 2 1 Insertion Clause 11. After the schedule-- 2 insert-- 3 `�SCHEDULE 2 4 section 2 5 OBINA CENTRAL PLANNING 6 `R AGREEMENTAMENDMENT AGREEMENT 7 THIS AMENDMENT AGREEMENT is made the day of 1996 8 BETWEEN 9 PARTIES 10 ROBINA LAND CORPORATION PTY. LTD. ACN 010 159 387 a 11 company incorporated in the State of Queensland and having its registered 12 office at 34 Glenferrie Drive Robina in the State of Queensland (in this 13 Amendment Agreement called "Robina") 14 AND 15 ROBINA PROPERTIES PTY. LTD. ACN 010 147 038 a company 16 incorporated in the State of Queensland and having its registered office at 34 17 Glenferrie Drive Robina in the State of Queensland (in this Amendment 18 Agreement called "Robina Properties") 19 AND 20 COUNCIL OF THE CITY OF GOLD COAST of Nerang-Southport Road 21 Nerang in the State of Queensland (in this Amendment Agreement called 22 "the Council") 23 24

10 Local Government (Robina Town Centre Planning Agreement) Amendment RECITALS 1 2 1. WHEREAS:-- 3 1.1 Robina, Robina Properties and the Council (formerly the 4 Albert Shire Council) entered into the Robina Central Planning 5 Agreement on 18 September 1992. 6 1.2 The Robina Central Planning Agreement was given the force 7 of law by the Local Government (Robina Central Planning 8 Agreement) Act 1992. 9 1.3 The Local Government (Robina Central Planning Agreement) 10 Act 1992 provided for the Robina Central Planning Agreement 11 to be amended by a further agreement approved by the 12 Governor in Council by regulation. 13 1.4 Robina, Robina Properties and the Council have agreed to 14 amend the Robina Central Planning Agreement as provided by 15 this Amendment Agreement and to undertake the lawful 16 procedures and actions necessary to seek the approval of the 17 Amendment Agreement by the Governor in Council by 18 regulation as provided by the Act and the Local Government 19 (Robina Central Planning Agreement) Act 1992. 20 1.5 Robina, Robina Properties and Council entered into an 21 Amendment Agreement dated 21 March 1996 and Council 22 sought the approval of that Amendment Agreement by the 23 Governor in Council by regulation as required and the 24 Department of Local Government & Planning on behalf of the 25 State of Queensland has requested amendments to the 26 Amendment Agreement to implement proposed changes to the 27 area of the site and the zoning of some land. 28 1.6 It was the intention of the parties that the Amendment 29 Agreement dated the 21st March 1996 was not to be effective 30 unless it was approved by the Governor in Council by 31 regulation made under the Local Government (Robina Town 32 Centre Planning Agreement) Act 1992. 33 1.7 Robina, Robina Properties and Council will execute this 34 Amendment Agreement after the commencement of the Local 35

11 Local Government (Robina Town Centre Planning Agreement) Amendment Government (Robina Town Centre Planning Agreement) 1 Amendment Act 1996. 2 3 2. The parties now enter into this Amendment Agreement and undertake 4 and agree as follows:-- 5 2.1 The parties agree that the Robina Central Planning Agreement 6 be amended as follows:-- 7 8 2.1.1 Clause 1:-- 9 by deleting the First Schedule and inserting the following:-- 10 "THE FIRST SCHEDULE 11 Part 1 Description of the subject land 12 Part 2 Description of the Kerrydale Land 13 Part 3 Present Zone 14 Part 4 Proposed Zone 15 Part 5 Description of Robina Town Centre Core 16 Part 6 Drawing 8951B 17 Part 7 Railway land 18 Part 8 Exclusion land 19 Part 9 Development adjustment land 20 Part 10 Adjustment land 21 Part 11 Drawing RC-NZD-01--combined site and 22 zonings" 23 by adding after the words "Part 2 Planning Intentions" the 24 words "and Implementation". 25 26 2.1.2 by deleting the words "Kerrydale Land" wherever they appear 27 and substituting in their place the words "the Northern Frame". 28

12 Local Government (Robina Town Centre Planning Agreement) Amendment 1 2.1.3 by deleting the words "Robina Town Centre" wherever they 2 appear (except when used in the phrase "Robina Town Centre 3 Core") and substituting in their place the words "Robina 4 Central". 5 6 2.1.4 by deleting the words "Shire of Albert" wherever they appear 7 and substituting in their place the words "Council of the City of 8 Gold Coast". 9 10 2.1.5 Clause 2 by inserting after recital 2.11 the following recitals:-- 11 "2.12 To facilitate the location of the railway to the Gold 12 Coast certain land dealings are proposed between the 13 State of Queensland and Robina. These require that so 14 much of the railway land which is not presently part of 15 this Agreement being the land described in Section 2 of 16 Part 7 of the First Schedule be subject to this 17 Agreement and further that so much of the railway land 18 which is not in the Special Business Zone being that 19 land described in Column 1 of Section 1 and 2 of Part 7 20 of the First Schedule be excluded from its existing 21 zones as shown in Column 2 of Section 1 and 2 of Part 22 7 of the First Schedule and included in the zone shown 23 in Column 3 of Part 7 of the First Schedule. 24 2.13 As part of these land dealings the land described in Part 25 8 is excluded from the operation of this Agreement and 26 is excluded from the zone shown in Column 2 of Part 8 27 in the First Schedule and included in the zone shown in 28 Column 3 of Part 8 of the First Schedule. 29 2.14 During the course of development of the combined site, 30 boundaries of some allotments which have been created 31 have not coincided with zoning boundaries. In order to 32 rectify this, the Council, Robina and Robina Properties 33 have agreed that:-- 34

13 Local Government (Robina Town Centre Planning Agreement) Amendment 2.14.1 the land described in Column 1 of Part 9 of the First 1 Schedule be excluded from the zone in Column 2 of 2 Part 9 of the First Schedule and be included in the zone 3 shown in Column 3 of Part 9 of the First Schedule; and 4 2.14.2 the land described in Column 1 of Part 10 of the First 5 Schedule be subject to this Agreement and be excluded 6 from the zone shown in Column 2 of Part 10 of the 7 First Schedule and be included in the zone shown in 8 Column 3 of Part 10 of the First Schedule." 9 10 2.1.6 Clause 99 by:-- 11 (a) deleting from the definition "access restriction strip" the 12 figure 0.5 and substituting the figure 0.2. 13 (b) deleting the definition "this Agreement" and substituting 14 the following definition:-- 15 "this Agreement" means this Agreement and any 16 amendment of this Agreement and includes the schedules, 17 the plans, tables, drawings and documents identified 18 herein. 19 (c) deleting the definition "combined site" and substituting 20 the following definition:-- 21 "combined site" means the land described in this 22 Agreement First Schedule Parts 1 (other than the land 23 described in Part 8), 2, 7 (Section 2) and 10 and is 24 depicted on the Drawing in Part 11. 25 (d) deleting the definition "final development approval" and 26 substituting the following definition:-- 27 "final development approval" means approval of an 28 application under Section 5 of Part 9 or Section 4 of Part 29 10 of the Second Schedule. 30 (e) adding the following definitions:-- 31 "adjustment land" means the land described in Column 1 32 of Part 10 of the First Schedule 33

14 Local Government (Robina Town Centre Planning Agreement) Amendment "Development Section" means a Development Section 1 created pursuant to Clause 18D of Part 2 of the Second 2 Schedule 3 "excluded land" means the land described in Column 1 of 4 Part 8 of the First Schedule 5 "Plan of Development" means a Plan of Development 6 prepared pursuant to Clause 18D of Part 2 of the Second 7 Schedule 8 "railway land" means the land described in Column 1 of 9 Sections 1 and 2 of Part 7 of the First Schedule 10 11 2.1.7 First Schedule as follows:-- 12 (a) by adding before the Plan of the combined site the words 13 "Part 6"; and 14 (b) by adding the following Parts:-- 15 16 PART 7 17 RAILWAY LAND 18 Section 1 19 Column 1 Column 2 Column 3 Description of Land Existing Zoning New Zoning That part of Lot 883 on Special Facilities (Golf Special 20 RP 892174, part of Lot 201 on Course, Hotel, Business 21 RP 815555 and part of Lot 703 Accommodation Units 22 on RP 815583 identified as and Public Open 23 Parcel A on Brown & Pluthero Space) 24 Drawing No. 11302D, and more 25 particularly described in the metes 26

15 Local Government (Robina Town Centre Planning Agreement) Amendment and bounds description both of 1 which are Document 1/1/5 That part of Lot 703 on RP Special Facilities (Golf Special 2 815583 identified as Parcel C on Course, Hotel, Business 3 Brown & Pluthero Drawing No. Accommodation Units 4 11304D, and more particularly and Public Open 5 described in the metes and Space) 6 bounds description both of which 7 are Document 1/1/6 8 Section 2 9 Column 1 Column 2 Column 3 Description of Land Existing Zoning New Zoning That part of Lot 201 on 10 RP 815555, part of Lot 703 on 11 Rural Special RP 815553 and part of Lot 822 12 Business on RP 226764 identified as 13 Parcel B on Brown & Pluthero 14 Drawing No. 11303D, and more 15 particularly described in the metes 16 and bounds description both of 17 which are Document 1/1/7 That part of Lot 822 on 18 RP 226764 identified as Parcel D 19 Rural Special on Brown & Pluthero 20 Business Drawing No. 11305D, and more 21 particularly described in the metes 22 and bounds description both of 23 which are Document 1/1/8 24

16 Local Government (Robina Town Centre Planning Agreement) Amendment PART 8 1 EXCLUDED LAND 2 Column 1 Column 2 Column 3 Description of Land Existing Zoning New Zoning That part of Lot 852 on Special Business Rural 3 RP 226788 identified as Parcel E 4 on Brown & Pluthero Drawing 5 No. 11344D, and more 6 particularly described in the metes 7 and bounds description both of 8 which are Document 1/1/9 9 10 PART 9 11 DEVELOPMENT ADJUSTMENT LAND 12 Column 1 Column 2 Column 3 Description of Land Existing Zoning New Zoning That part of Lot 894 on RP Special Facilities Special 13 892161 identified as Parcel A on (Robina Town Centre Business 14 Brown & Pluthero Drawing No. Core) 15 11306D, and more particularly 16 described in the metes and bounds 17 description both of which are 18 Document 1/1/10

17 Local Government (Robina Town Centre Planning Agreement) Amendment That part of Lot 894 on RP Special Facilities Special 1 892161 identified as Parcel B on (Robina Town Centre Business 2 Brown & Pluthero Drawing No. Core) 3 11307D, and more particularly 4 described in the metes and bounds 5 description both of which are 6 Document 1/1/11 That part of Lot 896 on RP Special Business Special 7 892162 identified as Parcel I on Facilities 8 Brown & Pluthero Drawing No. (Robina 9 11313D, and more particularly Town 10 described in the metes and bounds Centre 11 description both of which are Core) 12 Document 1/1/12 That part of Lot 896 on RP Special Facilities Special 13 892162 identified as Parcel G on (Robina Town Centre Business 14 Brown & Pluthero Drawing No. Core) 15 11311D, and more particularly 16 described in the metes and bounds 17 description both of which are 18 Document 1/1/13 That part of Lot 896 on RP Special Facilities Special 19 892162 identified as Parcel H on (Robina Town Centre Business 20 Brown & Pluthero Drawing No. Core) 21 11312D, and more particularly 22 described in the metes and bounds 23 description both of which are 24 Document 1/1/14 That part of Lot 104 on RP Special Facilities Special 25 815556 identified as Parcel E on (Robina Town Centre Business 26 Brown & Pluthero Drawing No. Core) 27 11310D, and more particularly 28 described in the metes and bounds 29 description both of which are 30 Document 1/1/15

18 Local Government (Robina Town Centre Planning Agreement) Amendment That part of Lot 895 on RP Special Facilities Special 1 892159 identified as Parcel D on (Robina Town Centre Business 2 Brown & Pluthero Drawing No. Core) 3 11309D, and more particularly 4 described in the metes and bounds 5 description both of which are 6 Document 1/1/16 That part of Lot 140 on RP Special Business Special 7 886528 identified as Parcel C on Facilities 8 Brown & Pluthero Drawing No. (Robina 9 11308D, and more particularly Town 10 described in the metes and bounds Centre 11 description both of which are Core) 12 Document 1/1/17 13 PART 10 14 ADJUSTMENT LAND 15 16 Column 1 Column 2 Column 3 Description of Land Existing Zoning New Zoning That part of Lot 104 on RP Commercial Industry Special 17 815556 identified as Parcel F on Business 18 Brown & Pluthero Drawing No. 19 11314D, and more particularly 20 described in the metes and bounds 21 description both of which are 22 Document 1/1/18

19 Local Government (Robina Town Centre Planning Agreement) Amendment That part of Lot 895 on RP Commercial Industry Special 1 892159 identified as Parcel J on Business 2 Brown & Pluthero Drawing No. 3 11328D, and more particularly 4 described in the metes and bounds 5 description both of which are 6 Document 1/1/19 That part of Lot 895 on RP Commercial Industry Special 7 892159 identified as Parcel K on Business 8 Brown & Pluthero Drawing No. 9 11327D, and more particularly 10 described in the metes and bounds 11 description both of which are 12 Document 1/1/20

20 Local Government (Robina Town Centre Planning Agreement) Amendment PART 11 1 2 DRAWING RC-NZD-01 - COMBINED SITE & ZONINGS 3

21 Local Government (Robina Town Centre Planning Agreement) Amendment 2.1.8 By deleting Part 1 of the Second Schedule and substituting the 1 following:-- 2 PART 1 3 INTRODUCTION 4 Development Background 5 1 Rezoning Application 6 1.1 Robina applied to the Council by Rezoning Application No. 7 2270 dated 10 July 1990 to exclude the subject land from the 8 present zone and include it in the proposed zone. 9 Master Planning 10 1.2 As discussions and negotiations in relation to that rezoning 11 application proceeded it became apparent that the development 12 proposed by Robina pursuant to the application involved the 13 master planning of a new mixed use community rather than a 14 specific development application and that the existing 15 legislation did not provide an adequate framework within 16 which to implement the proposal. 17 Deficiencies in Existing Legislation 18 1.3 The reasons why the existing legislation was inadequate may 19 be summarised as follows:-- 20 1.3.1 the inclusion of part of the land in the Special 21 Facilities (Robina Town Centre Core) zone is 22 intended to confer a legal right to use any part of 23 that land for any of the purposes set out in clauses 24 120 and 121 of Part 9, subject to the Council's 25 approval of the details of the final development 26 and, in the latter case, subject to obtaining town 27 planning consent; 28 1.3.2 the land to be included in the Special Business 29 zone may be used for any of the purposes set out 30 in Clauses 151.1 and 151.2 of Part 10 of the 31

22 Local Government (Robina Town Centre Planning Agreement) Amendment Second Schedule subject to the relevant Plan of 1 Development and final development approval or 2 to obtaining the Council's consent where required; 3 1.3.3 the infrastructure requirements for the 4 development as a whole can be determined with 5 certainty on the basis of maximum equivalent 6 population fixed by prescription of limits on 7 building heights and site coverage for commercial 8 buildings and by prescription of maximum 9 populations for residential buildings; 10 1.3.4 it is nevertheless not possible to determine the 11 proportion or extent that each of the permitted or 12 permissible uses will assume; 13 1.3.5 it is similarly not possible to determine or specify 14 the precise form and sequence of development; 15 1.3.6 the matters referred to in Clauses 1.3.4 and 1.3.5 16 are capable of description but only in a conceptual 17 way by means of:-- 18 1.3.6.1 statements of planning and Precinct 19 intents describing the proposed 20 development in terms of uses to be 21 undertaken, facilities to be provided, 22 objectives to be achieved and the 23 form, character and intensity of the 24 final development; and 25 1.3.6.2 concept plans containing illustrations 26 or examples of how the statements of 27 intent might be implemented; 28 1.3.7 part of the land considered to form part of the 29 Robina Central concept, being the Northern Frame 30 land, had already been rezoned and there was no 31 adequate mechanism available to integrate this 32 approval with the rest of the proposal. 33

23 Local Government (Robina Town Centre Planning Agreement) Amendment New Legislation 1 1.4 Because of these deficiencies in the existing legislation, it was 2 agreed with Council that legislation would be necessary to 3 specifically provide for the planning and development of the 4 Robina Central site. 5 Purposes of the Agreement 6 2. The purposes of this Agreement are to:-- 7 2.1 describe and promote Robina Central's overall intent, concepts, 8 form and implementation; 9 2.2 provide an implementation process to govern the detailed 10 planning, land use, development and landscaping requirements 11 and guidelines for Robina Central on a continuing basis; 12 2.3 specify with the necessary certainty and enforceability Robina's 13 obligations in relation to the construction of earthworks, roads 14 and services which cannot be adequately regulated by 15 application of existing legislation to the proposed development; 16 and 17 2.4 provide a mechanism and a process whereby Robina's 18 planning obligations in relation to the construction of buildings 19 can be determined, in accordance with specified development 20 requirements and within certain parameters, and subject to a 21 fair and effective dispute resolution process where necessary. 22 Structure of the Second Schedule 23 3 The Second Schedule of the Planning Agreement contains the 24 development intentions, implementation strategy, construction 25 obligations and development requirements for Robina Central. It is 26 structured as follows:-- 27 3.1 Part 2 covers the regional context of the development, together 28 with the planning intentions and the implementation process 29 for development within Robina Central. This part defines a 30 hierarchy of planning areas as the fundamental implementation 31 mechanism and the basis of development control. It also 32 identifies the need to provide flexibility for the development to 33 meet market and community expectations over the long term, 34

24 Local Government (Robina Town Centre Planning Agreement) Amendment while still ensuring sufficient certainty as to the nature, form 1 and scale of the ultimate development. 2 3.2 Parts 3, 4, 5, 6 and 7 deal with Robina's obligations in relation 3 to roads, water supply, sewerage, open space and pathways, 4 and waterways and weirs. This includes details on the extent 5 of works and their timing and the applicable headworks 6 charges and other contributions by Robina. 7 3.3 Part 8 addresses Robina's and Council's obligations in regard 8 to the establishment, leasing and operation of a public library 9 and a community centre within the site. 10 3.4 Parts 9, 10 and 11 cover the land uses and development 11 requirements and guidelines for the Core, Inner Frame, 12 Southern Frame and the Northern Frame, respectively. These 13 parts also address the requirements for applications in relation 14 to specific development proposals in each of these areas. 15 3.5 Part 12 deals with a range of general issues associated with the 16 overall development of Robina Central, including public 17 transport, street lighting, earthworks, tree preservation and 18 removal, environmental considerations and reclamation works. 19 3.6 Part 13 focuses on the obligations of Council in regard to 20 Robina Central, including issues of roads, services, community 21 facilities and commitments to supporting Robina's broad 22 intentions and objectives for development. 23 Planning of Land Use 24 4 The planning approach to determine land usage has adopted a 25 hierarchy of planning levels based on the concept of the combined site 26 being divided into four (4) Areas:-- 27 -- The Northern Frame 28 -- The Core 29 -- The Inner Frame 30 -- The Southern Frame 31 and permits each of those Areas where appropriate to be divided into 32 Precincts. It also provides for each Precinct to be further divided into 33

25 Local Government (Robina Town Centre Planning Agreement) Amendment Development Sections. A more detailed explanation and the 1 implementation of this approach is contained in Part 2. 2 Construction of Development 3 5 Construction of development will usually occur in three stages:-- 4 5.1 the first stage being earthworks when the land is shaped and 5 roads, waterways, parks, etc. are formed; 6 5.2 the second stage when services such as roads, water supply, 7 sewerage, electricity and telephone are constructed; and 8 5.3 the third is when construction of buildings occurs. 9 Earthworks Zones and Service Districts 10 6 Earthworks contracts will usually be undertaken over a larger area than 11 that for which services are to be provided. Accordingly, for ease of 12 administration and understanding, the combined site will be 13 categorised by:-- 14 6.1 "Earthworks Zones" within which earthworks will be carried 15 out in accordance with an approved plan or plans; and 16 6.2 "Service Districts" within which services will be constructed 17 or provided in accordance with an approved plan or plans. 18 Adoption of Usage and Construction Scheme 19 7 This Agreement has therefore adopted the following scheme:-- 20 Areas (for usage) Earthworks Zones (for earthworks) 21 Precincts (for usage) Service Districts (for services) 22 Development Sections (for usage) 23 which may be shown diagrammatically as follows:-- 24 25

26 Local Government (Robina Town Centre Planning Agreement) Amendment THE COMBINED SITE 1 USAGE CONSTRUCTION 2 AREAS EARTHWORKS ZONE 3 4 PRECINCTS PRECINCTS SERVICE DISTRICTS SERVICE DISTRICTS 5 DEVELOPMENT SECTIONS 6 7 Importance of Identifying Zones and Districts 8 8 Having regard to the foregoing scheme, the proper identification of 9 Earthworks Zones and, more importantly, Service Districts is of 10 fundamental importance from the point of view of development 11 control. The usage to which the combined site may be put is 12 already controlled by the terms of this Agreement and, subject 13 thereto, the precise content and form of the final development are 14 matters for Robina and other parties who ultimately take the benefit 15 of this Agreement or the approval of subsequent applications. 16 Development to be Orderly & Controlled 17 9 The Council requires that development occur in an orderly and 18 controlled manner and this is to be achieved by requiring Robina to 19 complete, effectively secure and/or effectively co-ordinate the first 20 two stages of construction (earthworks and services) in any given 21 Service District before fragmentation of the landholding in that 22 District is permitted. The provisions of Sections 4 (Bonding, 23 Security & Release of Plans) and 7 (Sale and Transfer of Land) in 24 this Agreement are designed to achieve this result. 25 26

27 Local Government (Robina Town Centre Planning Agreement) Amendment 2.1.9 By deleting Part 2 of the Second Schedule and substituting the 1 following:-- 2 PART 2 3 PLANNING INTENTIONS AND IMPLEMENTATION 4 Intent of Robina Central 5 10 Robina Central is intended to be developed as a major 6 comprehensively planned Regional Business Centre 7 accommodating the highest order of retailing, business, 8 administration, entertainment, cultural, recreational and community 9 facilities as well as a wide range of housing choices. This will be 10 achieved by maximising the integration of this broad range of land 11 uses in innovative and flexible forms of mixed use development 12 which avoid incompatibility of uses. 13 Regional Context 14 11 Given its strategic location and the opportunity to comprehensively 15 plan a "green field" site, Robina Central will play a major role in 16 serving central place needs. This relates not just to adjacent districts, 17 but also to the area included in the Gold Coast Statistical District and 18 southern parts of the wider Brisbane to Gold Coast Urban Corridor 19 together with parts of Northern New South Wales, as demonstrated 20 by Plan 2/2/1. 21 As the first major Regional Business Centre to be located inland 22 from the coastal strip, it is well placed to service the needs of the 23 growing hinterland population. Its strategic location at the 24 intersection of major arterial roads with the Pacific Highway and at 25 the terminus of the proposed Brisbane to Robina railway will ensure 26 high levels of accessibility to and from both the local and wider 27 regions. 28 The opportunity this location offers for Robina Central to become a 29 major public transport focus with a transit network radiating from 30 the proposed rail terminus, will enable its development as a major 31 office employment centre for both the public and private sectors as 32

28 Local Government (Robina Town Centre Planning Agreement) Amendment well as a major centre for the provision of government/community 1 services, cultural and recreational facilities. Convenient access to 2 public transport will also benefit the residents of Robina Central. 3 The high employment potential is enhanced by Robina Central's 4 location close to the Bond University and its Research Park as well 5 as by its attractive water enhanced landscape setting at the edge of 6 the Merrimac regional open space corridor. 7 The continuing development of the Merrimac regional open space 8 corridor for golf and recreation resort facilities, the increasing tourist 9 traffic on the national Pacific Highway and the proximity to both 10 hinterland and coastal tourist and recreation attractions will ensure a 11 major tourism and recreation role for Robina Central for hotel/motel 12 accommodation, shopping and support facilities. 13 In view of these opportunities, it is recognised that Robina Central 14 may in time develop as a major central place anchor for the Brisbane 15 to Gold Coast Urban Corridor as well as one of the major regional 16 business districts for the Gold Coast Statistical District. The 17 possibility of Robina Central becoming the dominant central 18 business district for the region is neither disregarded nor 19 discouraged and the Council recognises that the matters referred to 20 in this section give Robina Central a potential advantage in that 21 regard. The Council, however, views Robina Central as one of the 22 regional business centres in its Strategic Plan. 23 Flexibility for Innovative Development 24 12 In view of the long term nature of the development being 25 undertaken, it is recognised that a flexible approach will be required 26 in relation to innovative development concepts, standards and 27 practices to take account of technological advances, market variables 28 and changing patterns in our society. Indeed, to ensure the 29 continued vitality of Robina Central, it will be important to keep 30 abreast of the latest developments in all areas affecting its 31 development and operations. 32 This need for flexibility is inherent in the range of Planning 33 Intentions and Implementation Plans that have been or will be 34 prepared in relation to the development of Robina Central. 35

29 Local Government (Robina Town Centre Planning Agreement) Amendment Planning Intentions and Implementation 1 13 The overall vision for development and the broad planning 2 intentions for Robina Central are reflected in the structure plan and 3 master plan. These plans enable a visualisation of the fundamental 4 site layout and the inter-relationships of the broad mixture of land 5 uses proposed. 6 A hierarchy of planning areas has been derived from the structure 7 plan, as the basis for planning implementation and to guide the 8 intensity and form of future development. The whole of the Robina 9 Central area is divided into four land use Areas viz the Core and 10 three Frames (Refer Plan 2/2/4A). These are in turn divided or to be 11 divided into development Precincts each with their own statement of 12 intent covering the desired type, form and intensity of development 13 envisaged. Within these Precincts, Development Sections will be 14 identified as the basis for preparing a Plan of Development for each 15 Development Section that accords with the Precinct intents and 16 contains the final land uses, planning principles and design and 17 siting guidelines to control development. 18 For the purpose of development unity, the major open space and 19 access networks have been determined to integrate the development 20 Precincts and complete the overall development configuration. 21 Finally, the master development plan is the means by which details 22 from each of the above planning instruments will be drawn together 23 to monitor the progress of Robina Central during development and 24 to form a permanent statutory record of approvals and consents. 25 The following diagram summarises the planning intentions and 26 implementation process for Robina Central. It is provided as a 27 means of assisting readers of this Agreement to understand the 28 relationship between the visionary concepts and intentions for the 29 development of Robina Central and the process by which those 30 visions will be translated and implemented into reality, based upon 31 best planning practices, the provisions of this Agreement and need. 32

PURPOSE PLANNING DESCRIPTION PLAN FINAL STATUS IMPLEMENTATION PLAN PLANNING CONCEPTS AND STRUCTURE PLAN FLEXIBLE INTENTIONS - STRUCTURE PLAN (Plan No. 2/2/2A) (PART 2 - CLAUSE 15) INTENTIONS (VISION) PLANNING CONCEPTS AND MASTER PLAN FLEXIBLE INTENTIONS - MASTER PLAN (Plan No. 2/2/3A) (PART 2 - CLAUSE 16) ROBINA CENTRAL AREA R.T.C.P.A. ZONING PLAN (Description as per definition (Dwg RC-NZD-01 - Part 11 - First Schedule) FIXED of combined site) CORE AND FRAME AREAS (Part 2 - Clause 17) CORE AND FRAME PLAN FIXED INNER SOUTHERN N O RT H E R N (Plan No. 2/2/4A) THE CORE FRAME FRAME FRAME 30 IMPLEMENTATION PRECINCTS (Part 2 - Clauses 18A & 18B) FLEXIBLE PRECINCT PLAN CORE INNER SOUTHERN N O RT H E R N (Plan No. 2/2/5) R E TA I L FRAME FRAME FRAME PRECINCT PRECINCTS PRECINCTS PRECINCTS Planning Agreement) Amendment MASTER Local Government (Robina Town Centre DEVELOPMENT PLAN (Part 2 - Clause 18J) DEVELOPMENT SECTIONS (Part 2 - Clause 18D) FLEXIBLE PLANS OF DEVELOPMENT CORE INNER SOUTHERN N O RT H E R N (& Urban Design Guidelines) DEVELOPMENT FRAME FRAME FRAME AREAS DEVELOPMENT DEVELOPMENT DEVELOPMENT AREAS AREAS AREAS OPEN SPACE AND PATHWAY MAJOR OPEN SPACE NETWORK NETWORK PLAN FLEXIBLE (Part 2 - Clauses 18L & 18M) (Plan No. 2/6/1A) PLANNING INTENTIONS AND IMPLEMENTATION DIAGRAM

31 Local Government (Robina Town Centre Planning Agreement) Amendment Revisions to Planning Intentions and Implementation Plans 1 14 Robina may, from time to time, with the approval of Council amend 2 the structure plan, the master plan, the open space and pathway 3 network plan, and the Precinct plans to reflect change, more detailed 4 planning and market expectations. Robina must consult with 5 Council on a proposed revision of a plan and must provide any 6 relevant information in support of its proposed revision as may 7 reasonably be required by Council. In revising a plan Robina must, 8 to the extent possible, take into account Council's reasonable and 9 relevant requirements. When Robina amends a plan, it must lodge 10 the revised plan with Council which plan will replace and be 11 substituted for the previous plan. 12 Planning Concepts and Intentions--Structure Plan 13 15 Plan 2/2/2A is the structure plan to guide in general terms the 14 planning and development of Robina Central. It is broadly based on 15 the combined site and contiguous areas that have direct land use 16 interrelationships with the proposed town centre development. 17 The structure plan should not be regarded as defining the final nature 18 or location of specific land uses. Rather, the plan should be viewed 19 as a conceptual framework of transport networks and open spaces, 20 and a distribution of predominant land uses and intensities. It is 21 intended to serve three main purposes:-- 22 (a) to express the overall development intent, concepts and 23 strategies; 24 (b) to provide the broad conceptual basis for assessing the 25 suitability of development proposals in a continuing process; 26 and 27 (c) to provide a reference plan for the ultimate development of the 28 site. 29 While elements of the structure plan are fixed with some certainty 30 by other Parts of this Second Schedule, it purposely has inherent 31 flexibility to accommodate land use variations and development 32 needs which cannot be properly foreseen at this time. 33

32 Local Government (Robina Town Centre Planning Agreement) Amendment There is a physical constraint on the ultimate development in that the 1 infrastructure for which this Agreement provides is designed to 2 service an equivalent population of 23,000 persons (more or less) 3 residing or working within Robina Central. The planning for the 4 ultimate development (and for each Area and Precinct) must take 5 this constraint into account. Development which would generate an 6 equivalent population significantly exceeding 23,000 persons is not 7 permitted. 8 Planning Concepts and Intentions--Master Plan 9 16 Plan 2/2/3A, described as the master plan, is the current 10 development interpretation of the structure plan. The master plan is 11 an illustration of one form of final development which gives effect 12 to the structure plan and planning intents contained in this Part. It is 13 recognised that the proposed rail terminus and South Coast Regional 14 Health Authority development adjacent to the subject land depend 15 upon anticipated State Government commitments in respect of 16 which a final decision is not yet made. 17 Intent of the Land Use Areas 18 17 The Core and Frame plan Plan No 2/2/4A divides Robina Central 19 into the following four broad land use Areas:-- 20 -- The Core 21 -- The Inner Frame 22 -- The Southern Frame 23 -- The Northern Frame 24 The planning intent for each of those Areas is as follows:-- 25 17.1 The Core 26 This is the central Area and is intended as the area of 27 highest land use intensity and diversity of 28 retail/commercial floor space, and maximum pedestrian 29 activity. The Core will comprise major regional shopping 30 facilities together with personal and community services, 31 professional offices, restaurants, cultural, civic and 32 recreational facilities, hotel and studio apartments. 33

33 Local Government (Robina Town Centre Planning Agreement) Amendment The Core is focused on an ornamental lake (Waterfront 1 Place) and major town centre plaza which together form a 2 celebration place, accessible to the public 24 hours per 3 day, where the community can come together with a 4 sense of pride and belonging to partake of urban activities 5 such as eating, dining, shopping, promenading and 6 cultural events. 7 17.2 The Inner Frame 8 The Area surrounding the Core to the north of the Robina 9 Parkway ridge is intended as an intensive, secondary 10 mixed use area containing offices, business premises, 11 residential apartments and dwellings, hotels, cultural, 12 recreational, entertainment facilities, educational 13 establishments and places of worship in close proximity 14 to allow easy pedestrian connections and convenient 15 access by public transport. 16 17.3 The Southern Frame 17 This Area to the south of the Robina Parkway ridge is 18 intended as a less intensive area for activities requiring 19 easier motor vehicle access such as an automall, 20 showrooms, service trades, service authority facilities, 21 business and office parks as well as for medium density 22 residential development and higher education facilities. 23 The Area forms an important link from the Core and 24 Inner Frame to the Bond University to the south and with 25 its associated Research Park, recreational facilities and 26 high and medium density residential Precincts as well as 27 to the industrial development zones at the Reedy Creek 28 highway interchange and along the Burleigh Connection 29 Road. 30 17.4 The Northern Frame 31 Covering the predominantly low lying land between the 32 Inner Frame and Mudgeeraba Creek, the Northern Frame 33 will, reflect a different character and the generally lower 34 intensity of development to that of other areas. The 35

34 Local Government (Robina Town Centre Planning Agreement) Amendment emphasis will be on major public and private recreational 1 and open space areas, with a mixture of land uses 2 integrated mainly around the periphery of this extensively 3 landscaped environment. The current approval allows for 4 public open space uses together with golf course, hotel 5 accommodation and a range of residential development 6 types. 7 Core and Frame Areas - Use and Development Control 8 18 The uses for which land may be developed in each Area and the 9 guidelines for the manner in which development is to be carried out 10 in each Area, despite the provisions of the Town Plan are as 11 follows:-- 12 18.1 the Core--as set out in Part 9; 13 18.2 the Inner Frame and the Southern Frame--as set out in 14 Part 10. 15 18.3 the Northern Frame--as set out in Part 11. 16 Creation of Precincts 17 18A The Core and Frame Areas will each be divided into Precincts 18 accommodating ranges of dominant land uses considered 19 appropriate for those Precincts having regard to the intents for the 20 Area in which the Precincts are created. 21 The Precincts into which each Core and Frame have so far been 22 divided are shown on the Precinct plan Plan 2/2/5. Additional 23 Precincts may be created as more detailed planning of the Core and 24 Frame Areas is advanced. 25 A number of Precincts, including the Rail Interchange, Medical and 26 Gateway West, are presently constrained by existing roads which 27 roads are not included in the relevant Precincts on the Precinct plan. 28 However, as a consequence of the proposed acquisition by 29 Queensland Rail of land for the Robina rail line and transport 30 interchange and Robina's obligation to construct roads giving access 31 to the transport interchange, it is intended that these roads will be 32 closed, included in appropriate zones in conformity with this 33 Agreement and acquired by Robina. These areas of road will then 34

35 Local Government (Robina Town Centre Planning Agreement) Amendment form part of the Precincts in which they are located and be subject to 1 the relevant planning intentions and provisions of this Agreement. 2 Intent for Development of Each Precinct 3 18B The intent for development of each Precinct shown on the Precinct 4 plan is as follows:-- 5 18B.1 The Core Precincts 6 The Core area is predominantly covered by the Core retail 7 Precinct, comprising the major retail and mixed uses 8 referred to in Clause 17.1 together with Waterfront Place 9 and a number of peripheral future development sites. It is 10 the dominant Precinct of the Robina Central community 11 structure and will contain the most intensive mixture of 12 land uses. 13 The overall development form will consist of multi-level 14 buildings organised around a structure of outdoor 15 pedestrianised streets stepping up the hillside from 16 Waterfront Place. Major carparking areas, including 17 multi-level structured car parks and on-grade parking, will 18 be strategically placed around the Precinct, with close 19 relationships to the anchor retail facilities and convenient 20 access off the main circuit road. The Core retail Precinct 21 will be characterised by the highest quality architectural 22 and landscape finishes, to create a special identity and 23 pedestrian friendly environment. 24 18B.2 Inner Frame Precincts 25 18B.2.1 HIGH SCHOOL PRECINCT 26 This Precinct located along the proposed 27 Mudgeeraba Connection Road will 28 accommodate the new Robina State High 29 School. 30 18B.2.2 WEST ENTRY PRECINCT 31 West entry Precinct adjacent to the High School 32 is primarily intended for a range of commercial 33 premises accommodated in a grouping of low 34

36 Local Government (Robina Town Centre Planning Agreement) Amendment to medium rise buildings, and may be suitable 1 for Government administration offices. Other 2 convenience uses such as a service station, and 3 catering and business premises complementary 4 to, and integrated with, the predominant 5 commercial development are anticipated. It is 6 further anticipated that emergency services 7 authorities will locate in west entry, given that 8 this location allows rapid access for emergency 9 vehicles to Robina, Mudgeeraba and adjacent 10 districts. 11 18B.2.3 MEDICAL PRECINCT 12 The medical Precinct is ideally located south of 13 the rail interchange and east of land owned by 14 the South Coast Regional Health Authority. 15 Priority will be given to the development of a 16 range of specialist medical facilities and medical 17 uses associated with development by that 18 Authority. These uses could also extend into 19 nearby mixed use areas. Buildings will be 20 predominantly low to medium rise and 21 developed in context with development by the 22 Authority and development in the rail 23 interchange Precinct. The landscaping will be 24 designed so as to create development unity 25 across these Precincts. 26 18B.2.4 RAIL INTERCHANGE PRECINCT 27 This Precinct comprises land intended for 28 acquisition by Queensland Rail in conjunction 29 with other adjacent land external to the Robina 30 Central area. It will accommodate the terminus 31 of the new Brisbane to Gold Coast rail line, 32 providing a regional public transport 33 interchange when integrated with the bus 34 network. Associated with the interchange will 35 be a range of convenience shopping, 36

37 Local Government (Robina Town Centre Planning Agreement) Amendment commercial premises and offices developed in 1 medium to high rise buildings, including air 2 rights development over the rail interchange. It 3 is further anticipated that the Precinct will 4 accommodate a regional indoor sports and 5 entertainment centre. This centre will be a large 6 scale development providing architectural 7 emphasis as a landmark building. 8 18B.2.5 WEST LAKE, EAST LAKE AND 9 PENINSULA PRECINCTS 10 (WATERWAY PRECINCTS) 11 These Precincts are intended for intensive, 12 mixed use development with an urban character 13 which relates strongly to the Core retail Precinct 14 and to their distinctive waterway landscape 15 settings. The anticipated land uses include 16 offices, business premises, hotel 17 accommodation and entertainment facilities, and 18 residential uses either situated above 19 commercial premises or developed solely as 20 residential buildings. 21 Building development is envisaged as being 22 predominantly low to medium rise but with 23 occasional high rise opportunities at appropriate 24 locations. The desirable urban character of 25 these Precincts will be achieved by designing 26 the diverse forms of buildings and landscaping 27 in a way that they combine to create attractive, 28 pedestrian friendly frontages and spaces. This 29 intensive urban development character will be 30 further enhanced by providing the majority of 31 car parking either in basement or in shared 32 multi-level parking structures. 33 18B.2.6 RIVERWALK PRECINCT 34 Linking south from the lake to the main 35 highway gateway entry, this Precinct is intended 36

38 Local Government (Robina Town Centre Planning Agreement) Amendment as an alternative, linear river-like park setting for 1 mixed use development. A range of 2 development forms and uses that enhance the 3 serpentine river setting will be encouraged, 4 including a broad mixture of commercial, 5 residential, tourist and entertainment uses and 6 restaurants, cafes, religious and cultural 7 facilities. Other potential uses will include 8 banking and personal services, limited shopping 9 facilities, recreational uses, together with 10 carparking facilities, outdoor plazas and 11 parkland. 12 Low to medium rise and occasional high rise 13 development will be permitted in this Precinct 14 with buildings establishing strong axial 15 relationships with the river, including the 16 provision of vistas through/from the lower 17 levels of development. Ample open spaces, 18 landscaped areas and walkways will be 19 provided along the pedestrianised river setting 20 creating an important unifying element for the 21 broad mixture of land uses and building types 22 that will be accommodated. 23 18B.2.7 GATEWAY EAST AND GATEWAY 24 WEST PRECINCTS (GATEWAY 25 PRECINCTS) 26 These Precincts flank the main road entry to the 27 Core and will offer prime sites on which major 28 office and business developments and possibly 29 medium to high density residential uses can 30 locate with high accessibility and exposure. 31 Buildings may range from low to high rise, 32 provided variations in the height and scale are 33 visually and functionally appropriate. The 34 incorporation of landmark features with 35 building designs enhanced by attractive 36 landscape treatments will be encouraged given 37

39 Local Government (Robina Town Centre Planning Agreement) Amendment the "gateway" importance of these Precincts. 1 18B.2.8 PARKWAY SERVICE PRECINCT 2 Located between the Robina Town Centre Core 3 and the main road entry of Robina Parkway, 4 this Precinct is intended to fulfil a 5 complementary role to the Core retail facilities. 6 Whilst it is anticipated that the Precinct will be 7 predominantly developed for a service station, 8 fast food outlets, restaurants and showrooms, 9 compatible uses including commercial premises 10 and various forms of entertainment, catering 11 and service businesses will also be appropriate. 12 A linear combination of low rise building 13 development reflecting an "urban scale" is 14 planned, although considerable variation is 15 envisaged in the architectural design. Facilities 16 that locate in the Parkway Service Precinct will 17 benefit from the high accessibility and exposure 18 to passing traffic offered by this strategic 19 location. 20 18B.3 Southern Frame Precincts 21 18B.3.1 AUTOMALL PRECINCT 22 This Precinct is located immediately south of 23 the Robina Parkway, offering excellent visibility 24 and accessibility to the arterial road system of 25 Robina Central. It is intended for development 26 for an automall in which car and marine 27 dealerships and associated uses will be grouped 28 together to achieve the convenience of `one 29 stop' shopping. Development is envisaged as 30 low rise buildings with attractive landscape 31 frontages presented as a unified whole and 32 complemented by carefully controlled identity 33 signage. 34

40 Local Government (Robina Town Centre Planning Agreement) Amendment 18B.3.2 MIXED USE PRECINCTS A, B AND C 1 These Precincts partly surround the automall 2 and offer similar high level visibility and 3 accessibility from the road system. They are 4 intended for mixed use developments, including 5 offices, commercial premises, service trades, 6 showrooms, `specialised home improvement' 7 uses, a service station and limited retail uses 8 such as shops and takeaway food outlets. 9 Precinct `B' in particular is primarily intended 10 for car care uses and service trades associated 11 with automobiles, trailered boats and caravans. 12 Development is envisaged as being 13 predominantly low rise with attractive 14 landscaped and pedestrianised frontages. 15 18B.3.3 SOUTH HILL PRECINCT 16 This linear Precinct runs south along the Pacific 17 Highway frontage from the Gateway East 18 Precinct. Development will be physically 19 separated from the highway by a densely 20 planted landscape and pathway corridor. The 21 Precinct is intended for predominantly low to 22 medium rise office buildings integrated with 23 other mixed uses, including service industries 24 and showrooms. Development should reflect a 25 strong integration between the architectural 26 design and landscape treatment to create 27 impressive `office park' environments. 28 18B.3.4 SOUTHERN VALE PRECINCT 29 Southern Vale is bounded by the arterial roads 30 of Reedy Creek Link Road and the Christine 31 Avenue extension, and located adjacent to the 32 proposed southern sports fields. Much of the 33 Precinct will be suitable for a range of quality 34 housing types and densities, office showroom 35 and business park development, mixed use 36

41 Local Government (Robina Town Centre Planning Agreement) Amendment developments or combinations of these land 1 uses. Other uses that complement such 2 development, including convenience shopping, 3 child care centres and community facilities may 4 also be accommodated. Generally, low to 5 medium rise buildings are envisaged across the 6 Precinct. 7 This Precinct has not been planned for 8 immediate development and the particular mix 9 of final land uses will largely depend upon 10 market variables. Furthermore, it is likely that 11 this expansive Precinct will be divided into a 12 number of more manageable and land use 13 specific Precincts at a later stage. 14 18B.4 Northern Frame Precincts 15 18B.4.1 PREAMBLE 16 The Precincts of the Northern Frame are 17 controlled by the development code contained in 18 Part 11 which is based upon an existing 19 rezoning approval. As detailed planning takes 20 place it may become desirable to consider other 21 forms and intensities of development. 22 18B.4.2 PARK HILL AND WATERVIEW 23 PRECINCTS (RESIDENTIAL 24 PRECINCTS) 25 Consisting of four separate land parcels these 26 Precincts offer prime park and waterfront sites 27 committed for residential uses. Drawing on 28 performance criteria for design evolved from 29 first principles for each situation, a range of low 30 rise, quality housing types will be constructed 31 on various lot sizes. This will include terrace 32 houses developed in groups of two, three or 33 four. The Precincts will be extensively 34 landscaped to enhance their attractive open 35

42 Local Government (Robina Town Centre Planning Agreement) Amendment space settings. 1 18B.4.3 CHELTENHAM DRIVE 2 RECREATION PRECINCT 3 This Precinct is primarily intended for the 4 development of recreational open space in some 5 form. It will be suitable for golf course 6 development or various informal and casual 7 entertainment and recreational pursuits, either 8 for private or public use. Given its `gateway' 9 importance at the east entry to Robina Central, 10 the Precinct will have a strong landscape design 11 emphasis. 12 18B.4.4 NORTHERN PLAIN PRECINCT 13 This Precinct comprises low lying land 14 extending south from Mudgeeraba Creek. It is 15 intended for development of an 18 hole 16 championship golf course and associated 17 clubhouse facilities. The golf course will 18 incorporate attractive lake features and extensive 19 landscaping. The clubhouse complex will be 20 low rise and offer the full range of services and 21 facilities associated with the operation and 22 management of the course. 23 18B.4.5 NORTH VIEW PRECINCT 24 It is anticipated that this Precinct will be 25 primarily developed for a range of choices in 26 low to medium density residential development 27 and may include resort hotel and/or other forms 28 of tourist accommodation and associated 29 facilities. Limited forms of complementary 30 uses such as child care centres, convenience 31 shops and recreation facilities will also be 32 appropriate. Generally low to medium rise 33 development with limited locations for high rise 34 buildings will capitalise on the adjacent golf 35

43 Local Government (Robina Town Centre Planning Agreement) Amendment course outlook and desirable northerly 1 orientation. 2 Creation of Development Sections - Statement of Intent 3 18C It is intended that the land within each Precinct will be divided by 4 Robina into Development Sections. Determination of the area of 5 each Development Section will be made during the final stage of the 6 planning, development and marketing processes, at or about the 7 same time the subdivision process commences and just prior to 8 physical development of that land. 9 Until land is included in a Development Section the only plans of 10 subdivision in respect of that land which Council must seal and 11 release are those creating management lots or lots for transfer to 12 Council or the Crown. 13 At the point in time at which a Development Section is determined 14 by Robina, it will with the approval of Council determine the final 15 planning principles, land uses and development requirements and 16 guidelines for that section. Those principles, uses, requirements and 17 guidelines will be contained in a Plan of Development for the 18 Development Section to be prepared and lodged by Robina with 19 Council for approval. 20 In addition, the Plan of Development for each Development Section 21 will, where appropriate, address issues such as traffic circulation and 22 parking, architectural form, streetscaping, landscaping of private and 23 public open spaces, signage (both private and public) and urban 24 design. 25 Despite the provisions of a Plan of Development for a Development 26 Section, it is intended that an application for town planning consent 27 will continue to be required in respect of a permissible use. 28 Before an allotment can be developed in a Development Section 29 other than for the uses set out in the following Table, an application 30 for final development approval in respect of the final form of 31 development for that allotment must be made whether the 32 development is permitted subject to conditions or is a permissible 33 use which has been approved by Council. 34

44 Local Government (Robina Town Centre Planning Agreement) Amendment TABLE 1 duplex dwelling 2 dwelling house 3 family accommodation 4 home occupation 5 occasional markets 6 private recreation 7 Creation of a Development Section and preparation of a Plan of 8 Development 9 18D A Development Section is created by Robina preparing a plan of the 10 whole or part of the land within a Precinct or Precincts to form a 11 Development Section and identifying it as such. 12 Upon creation of a Development Section, Robina must prepare and 13 lodge with Council a Plan of Development for that Development 14 Section which must contain, but is not limited to, the following:-- 15 18D.1 a plan of the land comprised in the Development Section; 16 18D.2 the development intent for the Development Section; 17 18D.3 the development concept/s for the Development Section; 18 18D.4 the purposes for which land in the Development Section 19 or parts of the Development Section may be used without 20 consent of Council but subject to conditions. These 21 purposes must be chosen from and may be one or more 22 of those purposes which are permitted development 23 subject to conditions in the Area of which the 24 Development Section forms part; 25 18D.5 the development requirements and guidelines for that 26 Development Section; 27 18D.6 an assessment by a traffic engineer as contemplated by 28 clause 124.6 or 153.6.5; 29 18D.7 for information purposes the requirements of this 30

45 Local Government (Robina Town Centre Planning Agreement) Amendment Agreement which Robina has identified as requirements 1 to be performed or provided relative to the land in the 2 Development Section and if those requirements have 3 previously been satisfied a statement to that effect. 4 The Plan of Development must be consistent with the concepts of: 5 18D.8 the planning intent for Robina Central, the relevant Area 6 and the relevant Precinct; 7 18D.9 the structure plan; 8 18D.10 the master plan; 9 18D.11 the open space and pathway network plan; and 10 18D.12 the provisions of this Agreement. 11 Approval of Plan of Development by Council 12 18E Upon receipt of a Plan of Development for a Development 13 Section:-- 14 18E.1 The Council must, within 40 days of its receipt, approve 15 the Plan of Development or refuse to approve the Plan of 16 Development; 17 18E.2 Council may only refuse to approve a Plan of 18 Development if it is satisfied that it is inconsistent with the 19 provisions of this Agreement or does not properly 20 address the issues required to be included in a Plan of 21 Development; 22 18E.3 If the Council does not notify Robina within 40 days of 23 receipt of a Plan of Development for a Development 24 Section that it has been approved or refused, Robina may 25 by delivering by hand to the office of the Chief Executive 26 Officer a written notice stating it is delivered pursuant to 27 this Clause, require a response within 14 days of the date 28 of delivery of the notice; 29 18E.4 In the event Robina does not receive a notice of approval 30 or refusal of the Plan of Development within that time, the 31 Plan of Development is deemed approved; 32

46 Local Government (Robina Town Centre Planning Agreement) Amendment 18E.5 In the event that Council gives notice to Robina that a Plan 1 of Development for a Development Section is refused, it 2 must specify those parts of the Plan of Development 3 which are not acceptable and give reasons. 4 Variation of Plan of Development by Robina before Transfer of Land 5 18F A Plan of Development may be varied by Robina before it transfers 6 any developable part of the land in that Development Section and 7 before development in that Development Section has been 8 completed. Upon Robina varying a Plan of Development it must 9 lodge the varied Plan of Development with Council which replaces 10 the previously approved Plan of Development. 11 Variation of Plan of Development after Robina Transfers Land 12 18G After Robina transfers a developable part of the land in a 13 Development Section, the Plan of Development may be varied:-- 14 18G.1 in the case of a minor variation, in respect of an allotment 15 in that Development Section, by the owner of that 16 allotment, lodging with Council the minor variation with 17 the consent in writing of Robina (if it is not the 18 Applicant); 19 18G.2 in the case of any other variation in respect of an allotment 20 in that Development Section, by the owner of that 21 allotment, in accordance with the provisions of this 22 Agreement applicable to applications for consent in 23 respect of a permissible use. 24 In clause 18F and this clause "developable part of the land" in a 25 Development Section means land that is able to be used or 26 developed for a lawful purpose and does not include land which is 27 required to be dedicated for road or transferred for a local 28 government purpose as a requirement or a condition of an approval. 29 Variation - Application of Provisions 30 18H The provisions of Clause 18E apply to a variation of a Plan of 31 Development. 32

47 Local Government (Robina Town Centre Planning Agreement) Amendment Minor Variation of a Plan of Development 1 18I A variation of a Plan of Development is a minor variation if:-- 2 18I.1 it does not vary the proposed intent of development for 3 the Development Section; 4 18I.2 it does not vary the permitted or permissible development 5 for that Development Section; 6 18I.3 it does not increase the gross floor area of buildings or 7 proposed buildings by more than 5%; 8 18I.4 it does not increase the site coverage of buildings or 9 proposed buildings by more than 10%; 10 18I.5 it does not increase the number of storeys above ground 11 level in buildings or proposed buildings or part of those 12 buildings; 13 18I.6 in Development Sections for residential purposes, it does 14 not increase the unit yield for housing development or 15 proposed housing development by more than 5%; 16 18I.7 it does not substantially alter the locations of proposed 17 ingress or egress from sites in the Development Section; 18 18I.8 it does not substantially decrease the provision and 19 location of proposed carparking for each site in the 20 Development Section; 21 18I.9 alterations to design and siting requirements pertaining to 22 architecture, landscape, streetscape, signage and design 23 elements (other than those requirements referred to above) 24 do not adversely affect the amenity or the likely future 25 amenity of the locality. 26 Master Development Plan 27 18J Robina must, from time to time, lodge with Council a master 28 development plan. 29 The plan must show to the extent possible the consolidation of 30 information shown on each Precinct plan, Plan of Development, 31 structure plan and open space and pathway network plan. 32

48 Local Government (Robina Town Centre Planning Agreement) Amendment Robina must deliver to Council an updated master development plan 1 within fourteen (14) days of Council approving a Precinct plan, Plan 2 of Development, structure plan or open space and pathway network 3 plan. 4 Road and Public Transport Network 5 18K The structure plan shows the major transportation system proposed 6 for Robina Central. This system incorporates a rail corridor and a 7 bus-rail interchange at the terminus of the Brisbane to Gold Coast 8 rail link. It also includes the major road network which is 9 appropriate to meet the regional access needs and satisfies Robina's 10 obligations for roadworks as detailed in Part 3. 11 Robina Central incorporates a clear, formal structure of major roads 12 which will ensure convenient access and circulation of traffic. The 13 major roads in this structure are Robina Parkway and proposed road 14 D-I which follow a ridge that circles three sides of the Core. Major 15 connection roads extend out from the Core to link externally at three 16 interchanges along the Pacific Highway. Clear, axial circulation 17 routes shaped by the dominant natural characteristics of the land lead 18 from the Robina Parkway into each part of the Core. A network of 19 major and minor collector roads then extend throughout the 20 combined site to service all Precincts of the Inner Frame, Southern 21 Frame and Northern Frame. 22 The rail line and terminus has been located in conjunction with 23 Queensland Rail on the western side of the Core. Furthermore a 24 corridor for the future southern rail extension from Robina to 25 Coolangatta has been planned, with the final location to be 26 determined at a later time. 27 As the proposed rail line is likely to be essentially inter-urban rather 28 than intra-urban, it will function primarily as a commuter service 29 within the Brisbane to Gold Coast corridor. Its location therefore 30 favours office employment, and particularly government offices, to 31 encourage maximum benefit to Robina Central and maximum rail 32 usage. 33 Shoppers and workers from the more local Gold Coast region will 34 be served by a public transit distribution network, which it is 35

49 Local Government (Robina Town Centre Planning Agreement) Amendment anticipated will be initially provided by bus, but may later include 1 other forms of public transport, focused on the rail terminus. The 2 network will be planned to meet broad community needs, including 3 distribution to other employment, educational, tourist and 4 entertainment nodes, as well as internal movements within Robina 5 Central. Links from the interchange and the Core through the 6 Southern Frame to the Bond University and environs are also 7 envisaged. 8 Open Space Network 9 18L Together with the road and public transport network, the major open 10 space and pathway system shown on Plan 2/6/1A provides a basic 11 framework to shape and link the total development. 12 The proposed open space system provides for two major 13 north-south linear park connections linking from the extensive flood 14 plain open space in the north to the University lake open space 15 system in the south - one linking along Robina Central lakeshore, 16 riverwalk and highway buffer and the other along the eastern power 17 easement. A further spine along the Mudgeeraba Creek has 18 potential to link through adjoining properties north to Carrara and 19 south-west to Mudgeeraba and Bonogin. 20 A series of sports fields are located along these spines and, together 21 with the proposed golf and water based recreational facilities, they 22 provide a strong recreational and leisure lifestyle orientation for 23 Robina Central for both resident and worker populations. 24 A network of major pedestrian/bicycle paths is proposed along these 25 open space corridors and major roads as an important part of the 26 transportation system linking Precincts within Robina Central to 27 each other and to the surrounding districts. 28 Open Space Network Plan 29 18M Major open space provisions highlighted on the open space and 30 pathway network plan, Plan 2/6/1A, incorporate the land that 31 satisfies Robina's obligations for parks, landscaping and pathway 32 contributions, and will be provided and developed in accordance 33 with Part 6. 34

50 Local Government (Robina Town Centre Planning Agreement) Amendment Residential Uses 1 18N The concept of locating medium and high density residential uses 2 immediately adjoining focal points for commercial and community 3 activity has long been a principle of contemporary town planning 4 and is seen as an important objective for Robina Central. 5 The advantage of such a concept is best summarised as follows:-- 6 18N.1 Increased choice of residential stock 7 An increased variety of residential accommodation can be 8 provided to better meet the particular lifestyle needs of 9 different population segments. For example, there are 10 those with children in small households, the young, the 11 middle-aged, the elderly and people in a variety of 12 economic situations, from service industry workers or 13 shop assistants to professionals and executives who wish 14 to live close to work and facilities in a more urban 15 environment. 16 18N.2 A More Active and Diverse Environment 17 The addition of a residential population increases the 18 "people" activity, particularly after normal working hours 19 when offices are empty. This has a civilising influence 20 and helps create a safer and more diverse and urbane 21 environment to the benefit of all users of Robina Central. 22 18N.3 Extended Use of Facilities 23 An immediate residential population allows for the 24 extended use and more economical provision of all types 25 of facilities. 26 18N.4 Contribution to Urban Consolidation 27 The provision of housing at higher densities in Robina 28 Central allows for a more efficient and balanced use of 29 regional infrastructure, eg. roads, public transport, utility 30 and community services, as well as landscape 31 enhancement, and contributes to overall regional urban 32 consolidation. Population successfully accommodated in 33 Robina Central reduces the need for residential land at the 34

51 Local Government (Robina Town Centre Planning Agreement) Amendment edge of urban areas. 1 For these advantages to be realised, a more flexible approach is 2 required towards planning and design than currently applies to 3 development in multi-unit residential zonings which have been 4 developed for suburban situations where segregation of residential 5 uses and compatibility with surrounding lower density development 6 have been traditionally considered desirable. 7 As a result, the combined site is designated for a target residential 8 population of 5,000 persons to be accommodated in development 9 designed under controls based on performance criteria developed 10 from first principles for each situation. 11 Landscape/Townscape Design and Siting Controls 12 18O It is recognised that a major objective will be to create an attractive 13 and environmentally sensitive development characterised by a 14 distinctive landscape and townscape and high levels of architectural 15 and landscape design. To achieve this, appropriate design and siting 16 controls will be determined for the various Precincts. 17 In general terms, the townscape character of the area north of the 18 Robina Parkway ridge is envisaged as more compact and urban in 19 character with generally higher rise buildings, while the southern 20 area will be lower rise and more office-park in character. 21 A landscaped buffer zone is proposed along most of the Pacific 22 Highway frontage to ensure a consistent landscape image is 23 maintained along this important edge. View corridors are proposed 24 at selected locations to allow motorists an awareness of the 25 proximity and scale of Robina Central. Plan 2/2/6 is a conceptual 26 plan of the buffer zone and view corridors. 27 Robina Central Plan Register 28 18P Council must maintain a separate register to be known as Robina 29 Central Plan Register in which it keeps all plans, maps and Plans of 30 Development approved by it under this Agreement which register is 31 to be available to and open for inspection by the public at all 32 reasonable times. Upon approval of a plan, map or Plan of 33 Development the Council must immediately place it in the register. 34 The Council may rely on the plans in the register for the purpose of 35

52 Local Government (Robina Town Centre Planning Agreement) Amendment issuing certificates under Clause 18Q. 1 Town Planning Certificates 2 18Q 3 18Q.1 An application may be made by any person to Council for 4 a standard town planning certificate or a full town 5 planning certificate. 6 18Q.2 An application under Clause 18Q.1 is to be accompanied 7 by the appropriate fee. 8 18Q.3 A standard town planning certificate must set forth the 9 following particulars in respect of the allotment in respect 10 of which it is requested:-- 11 18Q.3.1 the zone or zones in which the allotment is 12 included; 13 18Q.3.2 that the allotment is subject to this 14 Agreement; 15 18Q.3.3 the Precinct in which the allotment is 16 included; 17 18Q.3.4 the Development Section (if any) in which 18 the allotment is included and a statement to 19 the effect that the allotment is subject to a 20 Plan of Development for that Development 21 Section; 22 18Q.3.5 the provisions of this Agreement relating to 23 proposed roads or proposed road widenings 24 which effect the allotment; 25 18Q.3.6 whether and if so how many certificates 26 under clause 126 or clause 153.6 have been 27 issued; 28 18Q.3.7 all consents, permissions and approvals 29 including final development approval 30 currently in force pursuant to this 31 Agreement; 32

53 Local Government (Robina Town Centre Planning Agreement) Amendment 18Q.3.8 any amendments to this Agreement which 1 effect the allotment agreed to by Council and 2 Robina but which have not yet been 3 approved by the Governor in Council by 4 regulation. 5 18Q.4 A full town planning certificate, in addition to those 6 particulars specified in Clause 18Q.3, is to set forth the 7 following particulars in respect of the allotment in respect 8 of which the certificate is requested. 9 18Q.4.1 a copy of the relevant Plan of Development 10 (if any); 11 18Q.4.2 approvals or decisions in respect of 12 application for consideration in principle, 13 rezoning of land in stages, a staged 14 subdivision plan and approval of engineering 15 drawings for subdivision works; 16 18Q.4.3 details of any conditions attached to the 17 consents, permissions, approvals or final 18 development approvals referred to in 19 18Q.3.6 approved by Council; 20 18Q.4.4 details of any modification of approvals 21 granted by Council; 22 18Q.4.5 a statement indicating the fulfilment or non- 23 fulfilment of each condition set out in clause 24 18Q.4.3 which relates to the carrying out of 25 work; 26 18Q.4.6 advice of any current revocation procedures 27 relating to any approvals granted; 28 18Q.4.7 a copy of the judgment or consent order of 29 the Court where an appeal in respect of an 30 approval referred to in the certificate has been 31 heard; 32 18Q.4.8 advice of any prosecution in respect of the 33 current use; 34

54 Local Government (Robina Town Centre Planning Agreement) Amendment 18Q.4.9 details of the lodgment of any security and 1 whether any payment requirement has been 2 made; 3 18Q.4.10 details of major infrastructure obligations and 4 minor obligations set out in this Agreement 5 which must be performed before the 6 allotment may be developed and if those 7 obligations have been satisfied, a statement to 8 that effect. 9 18Q.5 A town planning certificate is to be signed by the Chief 10 Executive Officer or by an officer of the Council 11 authorised by the Council. 12 18Q.6 The Council is to issue a town planning certificate applied 13 for under Clause 18Q.1 within:-- 14 18Q.6.1 in the case of a standard town planning 15 certificate - fourteen (14) days; 16 18Q.6.2 in the case of a full town planning certificate - 17 forty (40) days 18 of the date of the receipt by it of the application under 19 Section 18Q.1. 20 18Q.7 A town planning certificate is admissible in evidence in 21 any proceedings in which proof of any of the matters 22 certified to it in the certificate are relevant and is proof of 23 those matters and in the absence of evidence in rebuttal, is 24 conclusive proof. 25 18Q.8 For avoidance of doubt this Clause 18Q applies in lieu of 26 Section 3.3 of the Act. 27 Effect of Plan of Development 28 18R A Plan of Development does not constitute an amendment of this 29 Agreement or a further Agreement and when approved by Council 30 constitutes the development code for land in the Development 31 Section to which it relates. 32

55 Local Government (Robina Town Centre Planning Agreement) Amendment Savings 1 18S The registered owner from time to time of Lot 139 on Registered 2 Plan No. 886257 and Lot 140 on Registered Plan No. 886258 is 3 entitled to the same rights and entitlements and subject to the same 4 duties and obligations under Clauses 18C to 18I (inclusive) of Part 2 5 of the Planning Agreement as if the name of the registered owner 6 from time to time were substituted in those clauses for that of 7 Robina and to the exclusion of Robina. 8 9 2.1.10 By deleting Clause 87 of the Second Schedule and substituting the 10 following:-- 11 "87 If before the 30th June 2001 Council wishes to establish a 12 community centre on the land outlined in red on Plan 13 2/6/9 it may give Robina notice that it requires Robina to 14 transfer to it the land outlined in red on Plan 2/6/9. 15 Robina must, when requested by Council in accordance 16 with this Clause, transfer to the Crown the land outlined in 17 red on Plan 2/6/9 for Local Government purposes 18 (Community Centre). 19 If Council has not requested Robina to transfer the land 20 outlined in red on Plan 2/6/9 before 30th June 2001, 21 Robina will be under no further obligation to do so." 22 23 2.1.11 Clauses 95 and 96 of the Second Schedule by deleting the figures 24 and letters "-3.0 AHD" wherever they appear in each Clause and 25 substituting the figures and letters "-2.4m AHD". 26 27 2.1.12 By deleting Part 8 of the Second Schedule. 28 29

56 Local Government (Robina Town Centre Planning Agreement) Amendment 2.1.13 By deleting clause 120 of the Second Schedule and substituting the 1 following:-- 2 "Permitted Uses 3 120. The purposes for which development may be carried out without the 4 consent of Council in the Robina Town Centre Core are:-- 5 Accommodation Premises 6 Car Park 7 Catering Business 8 Child Care Centre 9 Cinema 10 Commercial Premises 11 Convention Centre 12 Cultural Facility 13 Educational Establishment 14 High Technology Entertainment Facility 15 Hotel 16 Licensed Club 17 Market Industry 18 Medical Centre 19 Minor Tourist Facility 20 Nightclub 21 Occasional Market 22 Office 23 Park 24 Place of Worship 25 Private Recreation 26 Professional Office 27

57 Local Government (Robina Town Centre Planning Agreement) Amendment Public Recreation 1 Public Utility 2 Radio and Television Premises 3 Retail Nursery 4 Service Industry 5 Service Station 6 Shops not forming part of a major shopping development 7 Shops forming part of a major shopping development having a net 8 lettable shop floor area not exceeding 100,000 square metres 9 Showroom 10 Special Use 11 Tavern 12 Tourist Facility 13 Welfare Premises." 14 15 2.1.14 By adding to the opening words of Clause 133 the following 16 words:-- 17 "and where applicable must form part of a Plan of 18 Development." 19 20 2.1.15 By adding a new Clause 133.10 as follows:-- 21 "133.10 Provide landscaping areas for recreational use, noise 22 reduction, enhancement or to screen unwanted uses." 23 24 2.1.16 By deleting Clause 138 and inserting the following:-- 25 "Urban Design Guidelines 26 138 Clauses 153.4 and 153.5 apply to control and regulate 27 Urban Design Guidelines for persons who undertake 28 development or who use land in the Inner Frame and the 29

58 Local Government (Robina Town Centre Planning Agreement) Amendment Southern Frame and is incorporated by reference into this 1 Part." 2 3 2.1.17 By deleting Part 10 of the Second Schedule and substituting the 4 following:-- 5 PART 10 6 DEVELOPMENT CODE - INNER FRAME 7 AND SOUTHERN FRAME 8 SECTION 1 9 Introduction 10 150.1 This Part establishes the purposes for which development:-- 11 150.1.1 may (subject to a Plan of Development) be permitted 12 subject to conditions; or 13 150.1.2 may be permissible; or 14 150.1.3 is prohibited, 15 in Development Sections in the Inner Frame and Southern Frame 16 and replaces Columns 3, 4 and 5 of Item 10 of Division 3 of Part 2 17 of the Town Plan. Column 2 of Item 10 of Division 3 of Part 2 of 18 the Town Plan is amended to read "Light Purple with red border 19 and the words in red lettering (See Local Government (Robina 20 Central Planning Agreement) Act 1992)". 21 150.2 This Part also identifies the appropriate development requirements 22 and guidelines to be included in Plans of Development for 23 development of land in Development Sections in the Inner Frame 24 and the Southern Frame. 25 Restrictions on development in the Frames 26 150.3 Subject to the provisions of the Plan of Development and this 27 Agreement, the purpose for which development in a Development 28 Section in the Inner Frame and Southern Frame:-- 29 150.3.1 may be carried out without the consent of Council but 30 only when lawful conditions as are considered appropriate 31

59 Local Government (Robina Town Centre Planning Agreement) Amendment by Council have been complied with are those purposes 1 set out in the relevant Plan of Development under the 2 heading "Permitted Development Subject to Conditions"; 3 150.3.2 may be carried out only with the consent of Council are 4 the purposes set out in Clause 151.2 of this Part under the 5 heading "Permissible Development"; 6 150.3.3 must not be carried out are the purposes set out in Clause 7 151.3 of this Part under the heading "Prohibited 8 Development". 9 150.4 Subject to the provisions of the Plan of Development, a person must 10 not:-- 11 150.4.1 without the consent of the Council carry out or permit to 12 be carried out development in a Development Section for 13 any purpose set out in clause 151.2 of this Part under the 14 heading "Permissible Development"; or 15 150.4.2 without first complying with lawful conditions as Council 16 considers appropriate, carry out or permit to be carried out 17 development in a Development Section for a purpose set 18 out in the relevant Plan of Development under the heading 19 "Permitted Development Subject to Conditions"; and 20 150.4.3 carry out or permit to be carried out development in a 21 Development Section for any purpose set out in clause 22 151.3 of this Part under the heading "Prohibited 23 Development". 24 150.5 Despite that under this Part, development may be carried out in a 25 Development Section with or without the consent of the Council that 26 development is subject to: 27 150.5.1 those provisions contained in the Plan of Development 28 applicable to the Development Section and the provisions 29 of this Agreement; and 30 150.5.2 all relevant Local Laws. 31 Application of Provision 32 150.6 The inclusion of a particular use in clause 151.2 of this Part under 33

60 Local Government (Robina Town Centre Planning Agreement) Amendment the heading "Permissible Development" does not imply that an 1 applicant is necessarily entitled to be granted consent for that use in 2 respect of land in a Development Section. The question of whether 3 or not consent will be granted and if so, the conditions to be 4 imposed, if any, is to be determined by Council, having regard to 5 the matters contained in Part 2 or in the Plan of Development for the 6 Development Section in which the land the subject of the application 7 is contained. 8 150.7 If premises in a Development Section are used or intended for use 9 for more than one (1) purpose, those premises are deemed to be 10 used or intended for use for each of those purposes unless, in the 11 opinion of the Council, one or more of those purposes are 12 considered to be ancillary development. 13 SECTION 2 14 LAND USES 15 Permitted Development Subject to Conditions 16 151.1 The purposes for which development may be carried out in a 17 Development Section (subject to limitation by a Plan of 18 Development) without the consent of Council but subject to 19 conditions are:-- 20 Accommodation Premises 21 Automotive and Marine Premises 22 Caretaker's Residence 23 Carpark 24 Car Wash 25 Catering Business 26 Central Fuelling Facility 27 Child Care Centre 28

61 Local Government (Robina Town Centre Planning Agreement) Amendment Cinema 1 Commercial Premises 2 Display House 3 Dwelling House 4 Educational Establishment 5 Estate Sales Office 6 Family Accommodation 7 Funeral Parlour 8 Home Occupation 9 Hospital 10 Hotel 11 Kiosk 12 Laundromat 13 Market Industry 14 Medical Centre 15 Minor Tourist Facility 16 Motel 17 Occasional Market 18 Office 19 Park 20 Passenger Terminal 21 Place of Worship 22 Private Recreation 23 Professional Office 24 Public Recreation 25 Public Utility 26 Service Industry 27

62 Local Government (Robina Town Centre Planning Agreement) Amendment Service Station 1 Showroom 2 Special Use 3 Surgery 4 Tavern 5 Tourist Facility 6 Veterinary Clinic 7 Veterinary Hospital 8 Warehouse 9 Waterfront Activity 10 Permissible Development 11 151.2 The purposes for which development may be carried out in a 12 Development Section only with the consent of Council are:-- 13 Bed and Breakfast 14 Bulk Garden Supplies 15 Casino 16 Cattery 17 Convention Centre 18 Cultural Facility 19 Duplex Dwelling 20 Factory Units 21 General Store 22 Helicopter Landing Site 23 High Technology Entertainment Facility 24 Integrated Housing 25 Institution 26 Kennels 27

63 Local Government (Robina Town Centre Planning Agreement) Amendment Licensed Club 1 Night Club 2 Private Utility 3 Radio and Television Premises 4 Respite Care Centre 5 Retail Nursery 6 Retirement Community 7 Service Station Combination 8 Shop 9 Transport Terminal 10 Welfare Premises 11 Development for any purpose other than those included in Clauses 12 151.1 and 151.3 of this Part. 13 For the avoidance of doubt, a purpose included in clause 151.1 and 14 not included in a Plan of Development as a Permitted Development 15 subject to conditions is thereafter Permissible Development. 16 Prohibited Development 17 151.3 The purposes for which development must not be carried out are:-- 18 Agriculture 19 Animal Husbandry 20 Aquaculture 21 Caravan Park 22 Cemetery 23 Extractive Industry 24 Fuel Depot 25 Heavy Industry 26 Light Industry 27 Lot Feeding 28

64 Local Government (Robina Town Centre Planning Agreement) Amendment Medium Industry 1 Milk Depot 2 Piggery 3 Relocatable Home Park 4 Rural Industry 5 Salvage Yard 6 Stable 7 Stall 8 Temporary Quarry 9 Waterfront Industry 10 SECTION 3 11 DEVELOPMENT REQUIREMENTS & GUIDELINES 12 Exclusion of Town Plan 13 152 The provisions of Part 6 and Part 7 of the Town Plan do not apply 14 to development in the Inner Frame and Southern Frame. 15 Development Requirements and Guidelines 16 153.1 In respect of every development in a Development Section which 17 involves the erection of a building (other than a dwelling house, 18 duplex dwelling or family accommodation) the person who 19 undertakes that development or uses the site must as part of that 20 development or use:-- 21 153.1.1 construct a full width pedestrian pavement to Council's 22 specification for the full length of those road frontages 23 required by Council to the development site; 24 153.1.2 construct concrete kerb and channelling to the Council's 25 specification for the full length of each road frontage to the 26 development site; 27

65 Local Government (Robina Town Centre Planning Agreement) Amendment 153.1.3 construct reinforced concrete industrial crossings to the 1 Council's specification from the kerb and channelling to 2 the property alignment of the development site at 3 approved locations where vehicular access to the 4 development site is required, and provide vehicle barriers 5 along the remainder of the frontage of the development 6 site to the specification of the Council; 7 153.1.4 provide drainage work specified by the Council as 8 necessary in connection with the works set out above 9 including debris traps where drainage discharges directly 10 or indirectly to the lake and/or waterway system; 11 153.1.5 provide reticulated sewerage and water supply adequate 12 for the purpose of the development by connection to the 13 Council's services in accordance with the requirements of 14 the Council; 15 153.1.6 bear the cost of any alteration necessary to public utility 16 mains, services or installations involved in the 17 construction of the works referred to in this clause; 18 153.1.7 provide materials and execute the works referred to in this 19 clause to the requirements and satisfaction of the Council; 20 153.1.8 The requirements contained in this Clause 153.1 may be 21 included in a Plan of Development. If these requirements 22 are included in a Plan of Development and specify the 23 work to be done, that specification is for the purpose of 24 this Clause 153.1 to be taken to be Council's specification. 25 153.2 In respect of every development in a Development Section the 26 person who undertakes that development or uses the site must:-- 27 153.2.1 have all buildings designed by a registered architect and all 28 landscaping designed by a qualified landscape architect; 29 153.2.2 not impose a load on any public utility undertaking 30 including the disposal of wastes, greater than that which is 31 contemplated by the provisions of this Agreement; 32 153.2.3 not cause interference with the amenity of the area by the 33 operation of machinery or electrical equipment, or from 34

66 Local Government (Robina Town Centre Planning Agreement) Amendment light, noise, vibration, smell, fumes, smoke, vapour, 1 steam, soot, ash, grit, oil, dust, waste water, waste 2 products, electrical interference or otherwise; 3 153.2.4 prevent continuous or frequently occurring noise levels 4 which when measured and assessed in accordance with 5 the Environmental Protection Act 1994, at a boundary of 6 the allotment:-- 7 153.2.4.1 exceed those prescribed by the 8 Environmental Protection Act 1994; or 9 153.2.4.2 cause a nuisance; 10 153.2.5 Provide reasonable toilet facilities and parents' rooms for 11 the public if it is proposed to erect a building having a 12 gross floor area exceeding 500 square metres, other than 13 one for purposes not involving business or commercial 14 activity, and if the Council forms the view at the time 15 application is made for final development approval that 16 there is insufficient access to toilet facilities and/or 17 parents' rooms for members of the public provided 18 within the Development Section or if it is proposed to 19 erect a building having a lesser floor area, the Council 20 may require, as a condition of final development approval, 21 payment of a monetary contribution towards the provision 22 of those facilities in adjacent or nearby areas. Any 23 contributions received by the Council must be expended, 24 at the Council's discretion, for the purpose for which it 25 was received; 26 153.2.6 ensure that buildings do not by reason of design, 27 orientation, siting, bulk, construction materials or colours, 28 have a detrimental effect on the amenity of development 29 in the Inner Frame and Southern Frame, adjoining 30 development or likely future development of land in those 31 Frames; 32 153.2.7 If the site is proposed to be developed for industrial 33 purposes:-- 34 153.2.7.1 not permit that development to exceed a 35

67 Local Government (Robina Town Centre Planning Agreement) Amendment maximum site coverage of seventy per cent 1 (70%) unless the Council approves of a 2 higher percentage; 3 153.2.7.2 construct the development of materials which 4 are appropriate having regard to surrounding 5 development and the landscape setting; 6 153.2.8 ensure where development involves filling, draining or 7 changing the level of an allotment (except as otherwise 8 permitted by this Agreement):-- 9 153.2.8.1 that Council's requirements as to draining, 10 filling or changing the level of that allotment 11 for that development are ascertained and 12 complied with; and 13 153.2.8.2 that adequate arrangements are made to 14 prevent dust causing a nuisance; 15 153.2.9 comply with all provisions of the Plan of Development 16 for that Development Section before commencement of 17 the use and where appropriate during the continuation of 18 the use; 19 153.2.10 The requirements contained in this Clause 153.2 may be 20 included in a Plan of Development. If those requirements 21 are included in a Plan of Development and specify the 22 work to be done, that specification is to be taken to be 23 Council's specification. 24 153.3 Each Plan of Development must take into account and where 25 relevant make provision for:-- 26 153.3.1 The minimum lot size and maximum number of 27 allotments; 28 153.3.2 Prevention or limitation of access from public roads; 29 location of ingress and egress points from public roads 30 and adjoining sites; vehicular and pedestrian circulation 31 within each site, adjoining sites and public roads; 32 153.3.3 Setback of buildings from road frontages side, rear and 33 waterway boundaries; 34

68 Local Government (Robina Town Centre Planning Agreement) Amendment 153.3.4 Maximum site coverage, the orientation of buildings on 1 the site, and that part of a site on which buildings may be 2 erected; 3 153.3.5 The heights of office or commercial buildings which may 4 vary from time to time depending upon the requirements 5 for office space both in terms of demand for floor areas as 6 well as the need to accommodate like uses in the same 7 building, for example, the need for government 8 departments or a large single tenant to be housed in one 9 building. The height of buildings, must not in any event 10 exceed eight storeys above average finished ground level 11 unless the Council approves of a higher level if it is 12 satisfied that a particular proposal for a higher building 13 will not: 14 153.3.5.1 contravene clause 153.2.2; 15 153.3.5.2 impose traffic loads beyond desirable limits; 16 153.3.5.3 otherwise create a traffic hazard; or 17 153.3.5.4 lead to the maximum equivalent population 18 for the proposed development contemplated 19 by this Agreement being significantly 20 exceeded; 21 153.3.6 In the case of high rise business uses, a maximum plot 22 ratio of four to one unless the Council approves of a 23 higher gross floor area if it is satisfied that the proposal 24 will not:-- 25 153.3.6.1 impose loads beyond desirable limits; 26 153.3.6.2 otherwise create a traffic hazard; or 27 153.3.6.3 lead to the maximum equivalent population 28 contemplated by this Agreement being 29 significantly exceeded; 30 153.3.7 Loading and unloading areas within the curtilage of the 31 development site, which are to be sealed, located 32 separately from car parking areas and readily accessible 33 from all tenancies in the site and designed so that vehicles 34

69 Local Government (Robina Town Centre Planning Agreement) Amendment can enter and leave in forward gear; 1 153.3.8 Landscaped areas for recreational use, noise reduction, 2 enhancement or to screen unwanted uses; 3 153.3.9 Fencing for noise reduction, enhancement or to screen 4 unwanted uses; 5 153.3.10 Pedestrian walkways or arcades for the free and 6 unobstructed movement of pedestrian traffic; 7 153.3.11 Prevention of lighting likely to illuminate areas outside the 8 boundary of the development site creating a nuisance; 9 153.3.12 Parking of motor vehicles in accordance with clause 10 153.6. 11 153.3.13 Incorporation where appropriate of cantilevered or other 12 awnings along walkways or accessways; 13 153.3.14 Controls and guidelines for advertising or information 14 signs within the Development Section whether within the 15 curtilage of an allotment or not; 16 153.3.15 In the case of development for residential purposes either 17 solely or in conjunction with other uses, developing 18 objective and performance criteria from first principles as 19 generally espoused in the AMCORD and AMCORD 20 (Urban) documents but recognising that each of those 21 principles may not be wholly appropriate for each 22 residential use for example when a residential use forms 23 part of a mixed use development. 24 153.4 Each Plan of Development may provide guidelines for any of the 25 following and where so provided the guidelines must be observed 26 and satisfied by the person who undertakes development or who 27 uses land:-- 28 153.4.1 In respect of buildings and fences:-- 29 -- the architectural design theme to be followed or 30 achieved; 31 -- the materials, colours, standard, quality and type 32 of external finishes to be used; 33

70 Local Government (Robina Town Centre Planning Agreement) Amendment -- the responses required to ameliorate or take 1 advantage of the effects of climate, wind and sun; 2 -- the building footprint; 3 -- the finished level of allotments; 4 -- the maximum height of development. 5 153.4.2 In respect of landscaping:-- 6 -- the landscape design philosophy to be achieved 7 and maintained; 8 -- the general type, density and if appropriate the 9 maturity of plantings required; 10 -- the type, quality and colour of hard surfaces e.g. 11 roads, paths, carparking areas, retaining walls and 12 the like; 13 -- the design and location of street and play furniture; 14 -- broad requirements for plant establishment and 15 maintenance. 16 153.4.3 In respect of any other reasonable and relevant matters of 17 a like nature to those referred to in clause 153.4.1 and 18 153.4.2. 19 153.5 The development requirements and guidelines may consist in whole 20 or in part of plans or drawings. 21 153.6 Vehicle parking spaces must be provided for each development in a 22 Development Section in accordance with the principles, guidelines 23 and planning requirements following:-- 24 153.6.1 the integrated and overall planning of the development of 25 Robina Central (which is possible due to its large scale) 26 means that car parking can be provided in an overall 27 orderly and planned basis. This will provide adequate car 28 parking spaces within easy walking distance of each 29 development which will thereby avoid a proliferation of 30 unsightly car parking areas and a general wastage of land; 31

71 Local Government (Robina Town Centre Planning Agreement) Amendment 153.6.2 the Council's usual methods of determining its 1 requirements for provision of car parking are determined 2 by reference to tables which are calculated on the basis of 3 stand-alone developments of relatively small size and 4 therefore such tables represent only indicative levels of car 5 parking provisions which are not necessarily appropriate 6 to the proposed development of Robina Central because 7 of the scale, complexity, mass and relationship of the 8 developments proposed; 9 153.6.3 not all car parking generated by a development need be 10 provided on the site of that development and parking 11 requirements for each development may wholly or in part 12 be provided off-site; 13 153.6.4 as it is not possible to be specific about car parking 14 provisions at the date of this Agreement, it is appropriate 15 for car parking needs to be assessed and included in the 16 Plan of Development for each Development Section and 17 to be finally determined by Council having regard to the 18 Plan of Development and the proposed development 19 when considering an application for final development 20 approval; 21 153.6.5 the assessment for inclusion in the Plan of Development 22 must be carried out by a traffic engineer whose 23 qualifications and experience are acceptable to Council 24 taking into account some or all of the following 25 circumstances as appropriate:-- 26 153.6.5.1 the level of provision of public transport 27 facilities; 28 153.6.5.2 the likelihood of a generation of greater or 29 less than normal peak parking demand, 30 including requirements for staff; 31 153.6.5.3 the location of the Development Section or 32 site in relation to existing or proposed public 33 car parking areas and other parking areas; 34 153.6.5.4 the level of pedestrian/cycle accessibility; 35

72 Local Government (Robina Town Centre Planning Agreement) Amendment 153.6.5.5 the nature of the proposed use including 1 hours of operation and anticipated intensity; 2 153.6.5.6 the existing uses in the Precinct; 3 153.6.5.7 the levels and depth of the allotment or 4 allotments; 5 153.6.5.8 the convenience and safety of vehicle access; 6 153.6.5.9 the proposed layout and size of parking 7 spaces; 8 153.6.5.10 the provisions of this Agreement affecting 9 the Precinct, Development Section or site; 10 153.6.5.11 the integration, overall planning, the inter- 11 relationship and compatibility of proposed 12 development; 13 153.6.5.12 avoidance of proliferation of unsightly car 14 parks; 15 153.6.5.13 avoidance of over-provision of car parking 16 space; 17 153.6.5.14 the need to encourage the use of public 18 transport; 19 153.6.5.15 the amount of off-site parking spaces, 20 including kerbside parking spaces; and 21 153.6.5.16 such other factors as may seem to be relevant 22 and reasonable. 23 In this clause:-- 24 "off-site parking spaces" means parking spaces provided 25 on land other than the site, the development of which 26 requires the provision of parking spaces but which are 27 within the Precinct in which the development is situated 28 or, if not within that Precinct , within 400 metres of the 29 development. Off-site parking spaces need not 30 necessarily be on land owned by the person undertaking 31 the development to which they relate. 32

73 Local Government (Robina Town Centre Planning Agreement) Amendment "on-site parking spaces" means parking spaces provided 1 within the curtilage of the development site to which they 2 relate. 3 153.6.6 When Robina delivers a Plan of Development to Council 4 for approval, Robina must include in that Plan of 5 Development an assessment described in clause 153.6.5 6 in relation to car parking needs for the Development 7 Section, which assessment must be considered by the 8 Council in determining the acceptability of the car parking 9 provisions contained in the Plan of Development. 10 If application is made for final development approval in 11 respect of a use or development substantially different (in 12 nature or scale) from what is contemplated by the Plan of 13 Development and by the assessment, the Council may 14 refuse to deal with that application until an amended 15 assessment is furnished by the applicant which takes the 16 particular site and the relevant development into account. 17 If an amended assessment is furnished the Council may 18 vary the car parking provisions contained in the Plan of 19 Development in respect of that development. 20 153.6.7 Developments may satisfy parking space requirements by 21 the provision of on-site or off-site parking spaces or by a 22 combination of both. 23 If the applicant for final development approval indicates in 24 the application that some parking space requirements are 25 to be provided by off-site parking spaces the Council may 26 impose as a condition of granting final development 27 approval that the applicant must furnish a certificate from 28 the owner of any land that the required number of parking 29 spaces within the curtilage of that land as identified in that 30 certificate:-- 31 153.6.7.1 are provided or will be provided on that land; 32 and 33 153.6.7.2 are available or will be available to the 34 applicant and persons having resort to the 35

74 Local Government (Robina Town Centre Planning Agreement) Amendment applicant's proposed development. 1 153.6.8 Before accepting a certificate, the Council must satisfy 2 itself that:-- 3 153.6.8.1 the parking spaces and the parking 4 arrangements the subject of the certificate, are 5 adequate; and 6 153.6.8.2 the relevant land is capable of providing the 7 car parking spaces the subject of the 8 certificate having regard to existing 9 certificates and other car parking required to 10 be provided on that land; and 11 153.6.8.3 if the parking spaces have not been physically 12 constructed, the Council must also satisfy 13 itself that construction of these parking 14 spaces will be completed not later than 15 completion of construction of the 16 development to which it relates and will be 17 available for use as represented in the 18 certificate. 19 153.6.9 A person must not use or occupy, and the Council must 20 not issue a certificate of classification in respect of, a 21 building forming part of a development in respect of 22 which off-site parking spaces are to be provided unless it 23 has a certificate for the required number of off-site 24 parking spaces and the spaces (or equivalent spaces) are 25 constructed and available for use. 26 153.6.10 Off-site parking spaces provided in respect of a 27 development must continue to be available for use while 28 that development remains in existence and no 29 redevelopment or other use of land containing those 30 parking spaces in respect of which a certificate has been 31 accepted by Council may be undertaken unless off-site 32 parking spaces, either on that or other land which are 33 comparable in character and convenience to those lost, are 34 provided to replace those lost. 35

75 Local Government (Robina Town Centre Planning Agreement) Amendment 153.6.11 Nothing in this Agreement prevents Robina or other 1 persons from providing off-site parking for monetary 2 reward but, where a certificate is furnished which refers to 3 spaces provided or to be provided in a commercially 4 operated car park, the Council must take into account the 5 commercial terms and arrangements applying to that 6 parking in determining whether or not it is satisfied of the 7 matters referred to in clause 153.6.8. 8 153.6.12 The Council, in assessing applications for final 9 development approval to use land as a car park, may take 10 into consideration the desirability of concentrating vehicle 11 parking in separate and distinct places and of assisting to 12 create a multiplicity of owners of vehicle parking stations 13 so as to offer a choice for vehicle park users and avoid 14 undue concentration of ownership and control of car parks 15 in Robina Central. 16 Relaxation Power 17 154 The Council may with the consent of Robina dispense with or 18 modify any of the requirements or guidelines in clause 153 if it 19 considers a dispensation or modification is justified, having regard 20 to: 21 154.1 the existing development in the area; 22 154.2 the existing and likely future amenity of the area; 23 154.3 the nature of the proposed use; 24 154.4 the provisions of the strategic plan; 25 154.5 the provisions of the relevant Plan of Development; 26 154.6 ameliorating design, siting, landscaping or construction 27 factors of the proposed development. 28

76 Local Government (Robina Town Centre Planning Agreement) Amendment SECTION 4 1 FINAL DEVELOPMENT APPROVAL 2 Final Approval Required 3 155 Prior to or at the same time as lodging a building application in 4 respect of a proposed development within the Inner Frame and 5 Southern Frame, the person proposing to undertake the 6 development must make application to the Council for final 7 development approval in respect of the development. 8 Requirements for Application 9 156 An application for final development approval must be made in 10 accordance with the law generally applicable to applications for 11 notification of conditions in respect of a permitted use subject to 12 conditions but must include plans of the proposed development. 13 Requirements for Plans 14 157 Plans forming part of an application for final development approval 15 must include the following detailed information: 16 157.1 vehicular and pedestrian access; 17 157.2 siting and configuration of buildings and structures; 18 157.3 building height and bulk; 19 157.4 provisions for parking motor vehicles; 20 157.5 loading and unloading areas; 21 157.6 relationship to adjoining buildings; 22 157.7 materials and colours; 23 157.8 relationship of buildings, land and water; 24 157.9 identification of climate and energy efficiency measures; 25 157.10 architectural perspectives; 26 157.11 a landscape plan which indicates the extent of soft and 27 hard landscaping elements; 28

77 Local Government (Robina Town Centre Planning Agreement) Amendment 157.12 advertising and information signs; 1 157.13 internal and boundary fencing; 2 157.14 external lighting; 3 157.15 information which is necessary to show how compliance 4 with development requirements and guidelines will be 5 satisfied. 6 Consideration of Application 7 157A In considering an application for final development approval, the 8 Council must have regard to the following: 9 157A.1 the means by which the provisions of the Plan of 10 Development for the relevant Development Section will 11 be complied with; 12 157A.2 external appearance, including selection of materials, 13 building form, orientation and colours of buildings; 14 157A.3 the relationship between the proposed development and 15 adjoining developments and open spaces or likely future 16 developments and overall siting within the area; 17 157A.4 protection of amenity in terms of provision of light, 18 privacy, ventilation and isolation of potential sources of 19 noise, vibrations, smells, fumes, smoke, vapour, steam, 20 soot, dust, water products, excessive light or glare or other 21 hazards likely to cause undue disturbance to persons or 22 property not connected to the use; 23 157A.5 the adequacy of climate and energy efficiency proposals in 24 terms of alignment, window apertures, pollution controls, 25 energy efficiencies and measures to prevent adverse 26 impacts upon and to enhance the environment; 27 157A.6 acceptability of landscape in terms of: 28 157A.6.1 visual and acoustic amenity; 29 157A.6.2 compatibility of hard landscape elements 30 with adjoining similar elements; 31 157A.6.3 provision for and appropriateness of fences 32

78 Local Government (Robina Town Centre Planning Agreement) Amendment and walls; 1 157A.6.4 appropriateness of plant species; 2 157A.6.5 appropriateness of lake edge treatments; 3 157A.6.6 provision for maintenance. 4 Decision on Application 5 157B In deciding an application for final development approval, the 6 Council must: 7 157B.1 approve the application; 8 157B.2 approve the application, subject to conditions; or 9 157B.3 refuse the application. 10 Ground for Refusal 11 157C An application for final development approval must and may only 12 be refused if the development proposed by the application does not 13 accord with this Agreement in that it, or some feature of it: 14 157C.1 conflicts with the planning intent contained in Part 2 or 15 evidenced by the structure plans, Precinct plans or the 16 Plan of Development and there are not sufficient planning 17 grounds to justify proceeding with the development 18 proposed despite the conflict; or 19 157C.2 does not otherwise comply with the provisions of the Plan 20 of Development for the relevant Development Section. 21 Conditions of Approval 22 157D The only conditions to which approval of an application for final 23 development approval can be subjected are: 24 157D.1 conditions specifically authorised by, contemplated by or 25 consistent with this Agreement or the provisions of the 26 Plan of Development for the relevant Development 27 Section; and 28 157D.2 conditions relevant to, and reasonably required by, the 29 proposed development or otherwise authorised by law 30 from time to time which relate to matters other than those 31

79 Local Government (Robina Town Centre Planning Agreement) Amendment dealt with in Parts 3 to 8 and 12 of the Second Schedule. 1 Conditions Run with Land 2 157E Conditions to which approval of an application for final 3 development approval is subject, attach to the development site and 4 are binding on successors in title. 5 Consideration of Building Application 6 157F The Council is not required to consider an application for building 7 approval in respect of a proposed building in a Development Section 8 other than for a dwelling house or duplex dwelling or a family 9 accommodation:-- 10 157F.1 in respect of which there is no final development 11 approval; or 12 157F.2 which does not conform in all material respects to a final 13 development approval relevant to the proposed building. 14 Where a final development approval relevant to a proposed building 15 is subject to conditions, a building application does not conform to 16 that approval unless it indicates compliance with, or adequate 17 provision for compliance with, every condition. 18 Certificate of Classification 19 157G The Council must not issue a certificate of classification for a 20 building unless it conforms in all material respects with the final 21 development approval for that building. 22 Where the final development approval relevant to a proposed 23 building is subject to conditions, the building does not conform to 24 that approval unless there is compliance with each condition. 25

80 Local Government (Robina Town Centre Planning Agreement) Amendment SECTION 5 1 APPLICATION FOR CONSENT 2 Application for Consent 3 157H If the consent of Council is required before development can be 4 carried out a person who desires Council's consent must make 5 application in accordance with the law generally applicable to 6 applications in respect of a permissible use but must include concept 7 plans of the proposed development which must include the 8 information set out in clause 157. 9 Consideration of Application 10 157I In considering an application for consent the Council, in addition to 11 the matters to be considered by law generally applicable to 12 applications in respect of a permissible use, must have regard to the 13 following: 14 157I.1 the provisions of this Agreement; 15 157I.2 the planning intents set forth in Part 2; and 16 157I.3 the provisions of the relevant Plan of Development. 17 The provisions set out in clauses 157I.1, 157I.2 and 157I.3 prevail 18 to the extent of any inconsistency with the matters to be considered 19 by law. 20 Decision on Application 21 157J In deciding an application for consent, the Council must:-- 22 157J.1 approve the application; 23 157J.2 approve the application, subject to conditions; or 24 157J.3 refuse the application. 25 Ground for Refusal 26 157K An application for town planning consent must and may only be 27 refused if the development proposed by the application does not 28 accord with this Agreement in that it, or some feature of it:-- 29

81 Local Government (Robina Town Centre Planning Agreement) Amendment 157K.1 conflicts with the planning intent contained in Part 2 or 1 evidenced by the structure plans, Precinct Plans or the 2 Plan of Development and there are not sufficient planning 3 grounds to justify proceeding with the development 4 proposed despite the conflict; or 5 157K.2 does not otherwise comply with the provisions of the Plan 6 of Development for the relevant Development Section. 7 Conditions of Approval 8 157L The only conditions to which approval of an application for consent 9 can be subjected are:-- 10 157L.1 conditions specifically authorised by, contemplated by or 11 consistent with this Agreement or the provisions of the 12 Plan of Development for the relevant Development 13 Section; and 14 157L.2 conditions relevant to, and reasonably required by, the 15 proposed development or otherwise authorised by law 16 from time to time which relate to matters other than those 17 dealt with in Parts 3 to 8 and 12. 18 Conditions Run with Land 19 157M Conditions to which approval of an application for consent approval 20 is subject, attach to the development site and are binding on 21 successors in title. 22 SECTION 6 23 DEFINITIONS 24 Definitions 25 157N In this Part, Part 9 and Part 11 unless the context otherwise requires, 26 the following terms have the meanings respectively assigned to 27 them: 28

82 Local Government (Robina Town Centre Planning Agreement) Amendment EXPLANATORY DEFINITIONS 1 "access"--Practical means of entry of persons and vehicles on to every 2 proposed allotment from a constructed road which abuts the frontage, 3 the allotment or where approved by the Council, means of entry by 4 way of easement; 5 "advertising sign"--Any land building or other structure erected as an 6 advertising device, where the device is visible from a road and, or a 7 railway line or a waterway; 8 "alignment"--The line between any road and an allotment of land abutting 9 the road; 10 "allotment"--A piece, parcel or subdivision of land where the boundaries 11 are separately defined by metes and bounds on a plan of survey 12 deposited in the Department of Natural Resources. In the case of land 13 subdivided under the Land Title Act 1994, the term includes any and 14 every subdivision of land where the boundaries of the land are 15 separately defined by metes and bounds on the relevant plan of the 16 land registered with the Registrar of Titles under and in accordance 17 with the Land Titles Act 1994. The term does not include a lot 18 registered under the provisions of the Building Units and Group Titles 19 Act 1980; 20 "AMCORD"--Australian Model Code for Residential Development, 21 Edition 2 - November, 1990, or any revisions; 22 "AMCORD (Urban)"--The Australian Model Code for Residential 23 Development (Urban), Edition 1, October 1992, or any revisions; 24 "ancillary"--Associated with but incidental and subordinate to the 25 predominant development; 26 "applicant"--A person who applies for an approval under this Agreement; 27 "building"--Any fixed structure that is wholly or partly enclosed by walls 28 and is roofed and includes any part of a building; 29 "building height"--The distance measured vertically from ground level to 30 the highest point of a building, including projections such as 31 architectural features, advertising signs and vent pipes; where fill is 32 required by Council, building height shall be measured vertically from 33 the required fill level; 34

83 Local Government (Robina Town Centre Planning Agreement) Amendment "body corporate"--A body corporate incorporated under the Building Units 1 and Group Titles Act 1980; 2 "caravan"--A vehicle constructed, fitted, equipped or used for camping that 3 is registered for road use pursuant to the Transport Infrastructure 4 (Roads) Act 1994 and can be readily towed by a passenger motor 5 vehicle. The term includes vehicles such as normally used by tourists 6 and which could not be regarded as buildings under the Building Act 7 1975. The term does not include a relocatable home as defined in this 8 Section; 9 "common property"--The land in a plan pursuant to the Building Units and 10 Group Titles Act 1980 which is not comprised in any lot shown in the 11 plan; 12 "constructed road"--A dedicated road which has been constructed pursuant 13 to the provisions of this Agreement; 14 "construction"--In the case of any road, street, lane or pathway, includes 15 provision for draining, levelling, paving, metalling, kerbing and 16 channelling, and otherwise making and completing the road, street, 17 lane or pathway. In any other circumstances, the term means the 18 undertaking of any works associated with a development or 19 subdivision; 20 "curtilage"--The area of land appurtenant to a building or other structure; 21 "development"--The use of any land or the erection or use of any building 22 or other structure, or the carrying out of building, mining or 23 engineering operations in, on, over or under land, or the making of 24 material changes to the use of any premises; 25 "dwelling unit"--Any building or part thereof used or intended for use for 26 the exclusive residential purpose of one family together with any land 27 or outbuildings in its curtilage used for purposes ancillary to the use of 28 the building for human habitation. The term includes family day care 29 as defined in this Section and domestic animals keeping but does not 30 include private recreation as defined in this clause; 31 "erect"--Includes:-- 32 (1) Erect or commence or continue to erect, or 33 (2) Do, or commence or continue to do, any work in the course of or 34

84 Local Government (Robina Town Centre Planning Agreement) Amendment for the purpose of erecting; or 1 (3) Perform any structural work or make any alteration, addition or 2 rebuilding; or 3 (4) Move from one position on an allotment to another position on or 4 partly on the same allotment or another allotment; or 5 (5) Re-erect with or without alteration on or partly on the same or 6 another allotment; or 7 (6) Where a building or other structure is located on more than one 8 allotment-- 9 (a) move to another position on the same allotments or any of 10 them to another allotment or allotments; 11 (b) re-erect with or without alteration on another position on the 12 same allotments or any of them or on another allotment or 13 allotments; 14 "family"--Any one person maintaining a household, or two or more 15 persons living together and maintaining a common household such 16 that each person has access to all parts of the dwelling unit in which 17 they reside; 18 "family day care"--The use of part of a dwelling house for the reception, 19 and the minding or care of children for a day or part of a day for fee or 20 reward by a person residing in the detached house; where conducted in 21 accordance with "The Family Day Care Regulations"; 22 "floodplain"--The land lying below the 1 in 100 year modelled flood level 23 or the area of land lying below the 1974 flood line, as defined on 24 Council's flood maps, whichever is the highest level, giving the 25 maximum area of land inundated; 26 "gross floor area"--The sum of the areas (inclusive of all walls, columns 27 and covered balconies) of all storeys of a building or buildings 28 excluding any areas of the building situated below the natural ground 29 level as measured at the perimeter of the building; 30 "gross residential density"--In relation to a residential development 31 proposal, the residential density calculated on the basis of the parcel of 32 land the subject of the proposal, before the exclusion of areas for 33

85 Local Government (Robina Town Centre Planning Agreement) Amendment roads, parks, other reserves, common property, conservation 1 easements and the like; where specifically provided for in the plan, the 2 parcel, for the purposes of calculation, may include land which is not 3 contiguous; 4 "industry"--Includes:-- 5 (1) Any of the following operations-- 6 (a) any manufacturing process whether or not the process 7 results in the production of a finished article; 8 (b) the breaking up or dismantling of foods or articles for trade, 9 sale or gain, or ancillary to any business; 10 (c) The extraction of sand, gravel, clay, turf, soil, rock, ore, 11 stone, or similar substances from land; 12 (d) repairing and servicing of articles including machinery, 13 buildings or other structures; 14 (e) any operation connected with the installation of equipment 15 and services and the extermination of pests but not including 16 on-site work on buildings or other structures or land; 17 (f) the dismantling of motor vehicles, whether the dismantling 18 is carried out by one operation or by a series of operations 19 for any purpose other than automotive and marine premises, 20 service station or salvage yard as defined in this clause; and 21 (2) Any of the following ancillary operations when conducted on 22 land upon which any of the operations listed in (1) above are 23 carried on-- 24 (a) the storage of goods used in connection with or resulting 25 from any of the above operations; 26 (b) the provision of amenities for persons engaged in such 27 operations; 28 (c) any work of administration or accounting in connection with 29 such operations provided that the use does not exceed twenty 30 percent of the total use area of any building or buildings so 31 used; 32

86 Local Government (Robina Town Centre Planning Agreement) Amendment (3) Without limiting the generality of the foregoing, any industry or 1 class of industry particularly defined in this Section but does not 2 include a home occupation as defined in this clause; 3 "landscaping"--Means the treatment of land for the purpose of enhancing 4 or protecting the amenity of a site and the locality in which it is 5 situated. Works may include the following-- 6 (1) screening by fences, walls or other means; 7 (2) planting of trees, hedges, shrubs or grass; 8 (3) formation of banks, terraces or other earthworks; 9 (4) laying out of gardens, courts or footways; 10 (5) other amenity features; 11 "landscaping plan"--A plan which is drawn to scale and shows the 12 information required by this Agreement; 13 "lot"--A lot shown in a plan pursuant to the Building Units and Group 14 Titles Act 1980, as amended; 15 "owner"--in relation to an allotment means-- 16 (1) where an allotment is subdivided under the Building Units and 17 Group Titles Act 1980--the body corporate; or 18 (2) where an allotment is being purchased from the Crown for an 19 estate in fee simple pursuant to the Land Act 1994 --the 20 purchaser; or 21 (3) in all other cases--the persons for the time being entitled to 22 receive the rent of the allotment or would be entitled to receive the 23 rent if the allotment were let to a tenant at a rent; and 24 includes the Crown; 25 "plan of subdivision"--Means a plan which, in addition to dividing or 26 subdividing land into allotments or otherwise, shows any new road, 27 street and or pathway over the land or any part thereof; 28 "plan"--Includes any map, diagram, drawing, section or detail; 29 "plot ratio"--The ratio between the gross floor area of a building and the 30 total area of the site on which the building is, or is proposed to be, 31

87 Local Government (Robina Town Centre Planning Agreement) Amendment built; 1 "premises"--Any land, building or other structure or any part thereof; 2 "proposed allotment"--Each of several parts of any land which is proposed 3 to be subdivided into an allotment; 4 "relocatable home"--A structure that complies in all respects with the 5 Building Act 1975 as amended, capable of being readily transported by 6 trailer or other vehicle, for which building approval has been granted in 7 a Relocatable Home Park. Such buildings may be fitted with wheels at 8 the point of manufacture solely for the purpose of road transport to the 9 proposed location. The wheels may be retained on the structure after 10 location on site. The term does not include a caravan as defined in this 11 Agreement; 12 "residential density"--Means the ratio of residential yield to site area and is 13 either nett residential density or gross residential density; 14 "residential purposes"--The use of premises for human habitation, 15 including for any of the following purposes: accommodation 16 premises, bed and breakfast, caravan park, caretaker's residence, 17 duplex dwelling, dwelling house, family accommodation, hotel, motel, 18 relocatable home park, retirement community; 19 "residential yield"--In relation to a development for residential purposes, 20 the equivalent number of dwelling units (whether or not the total 21 includes residential units other than dwelling units), given by the 22 following formula, and expressed in dwelling units:-- 23 residential yield = (a + .67b + .5c + .25d) 24 where: 25 a is the number of dwelling-houses plus the number of 26 dwelling units of three or more bedrooms; 27 b is the number of dwelling units of two bedrooms; 28 c is the number of dwelling units of one bedroom, plus the 29 number of bedsitter units, hotel rooms, motel units, 30 serviced rooms and other accommodation units, as 31 determined by Council; and 32 d is the number of hostel beds; 33

88 Local Government (Robina Town Centre Planning Agreement) Amendment "road frontage"--Any boundary line, or part thereof, of land which 1 coincides with the alignment of a road or an access restriction strip; 2 "site"--Any land on which development is carried out or is proposed to be 3 carried out whether such land comprises the whole or part of one (1) 4 allotment or more than one (1) allotment if each of such allotments is 5 contiguous with the other or another of such allotments; 6 "site coverage"--That portion of a site covered by a building, fixed 7 structure, or outdoor storage area, but not including unroofed parking 8 areas; 9 "storey"--That space within a building which is situated between one floor 10 level and the floor level next above, or if there is no floor above, the 11 ceiling or roof above and includes a space which is designed, 12 constructed or adapted for the accommodation of bathrooms, shower 13 rooms, laundries, water closets or other sanitary compartments, 14 storage of goods, or for the accommodation of vehicles. No storey so 15 defined shall exceed the vertical dimension prescribed pursuant to the 16 provisions of the Building Act as amended: 17 "structure"--Any building, wall, fence or other structure or anything 18 affixed to or projecting from any building, wall, fence or other 19 structure. The term includes any part of a structure; 20 "subdivision", "subdivide", and similar expressions mean and refer to 21 dividing land into parts whether the dividing is-- 22 (1) by sale, conveyance, transfer, or partition; or 23 (2) by any agreement, dealing or instrument intervivos (other than a 24 lease for any term not exceeding five years without right of 25 renewal), rendering different parts thereof immediately available 26 for separate disposition or separate occupation; or 27 (3) by procuring the issue of a certificate of title under the Land Title 28 Act 1994 in respect of a part of land; or 29 (4) the excision of and from an allotment for dedication to the 30 Crown; 31 "total use area"--The sum of the areas (exclusive of all walls and columns) 32 of all storeys of a building which is used or intended for use for a 33 particular purpose plus any other area of a site which is also used or 34

89 Local Government (Robina Town Centre Planning Agreement) Amendment intended for use for the same purpose, provided that the term does not 1 include:-- 2 (1) The areas (inclusive of all walls and columns) of any liftwells, lift 3 motor rooms, air conditioning, and associated mechanical or 4 electrical plant and equipment rooms; 5 (2) The areas of any staircases; 6 (3) The areas of any common foyer where not being used for 7 commercial or retail purposes; 8 (4) The area of any public toilets; 9 (5) The areas of any staff toilets, washrooms, recreation areas and 10 lunchrooms provided that such areas are not open to persons 11 other than staff; 12 (6) The area used for the access, parking and associated manoeuvring 13 of motor vehicles; 14 "use"--The term includes:-- 15 (1) In relation to land, the carrying out of excavation work in or under 16 land and the placing on land of any material or thing that is not a 17 building or other structure; and 18 (2) Any use which is ancillary to the lawful use of the premises in 19 question. 20 USE DEFINITIONS 21 "accommodation premises"--Any premises used or intended for use for 22 residential purposes, not being a purpose elsewhere defined in this 23 clause. The term includes a boarding house, flat, apartment building, 24 guest house, hostel, serviced apartment or serviced room; 25 "accommodation units"--Any premises used or intended for use for 26 residential purposes; 27 "agriculture"--Any premises used or intended for use for the growing of 28 crops, pastures, fruit, vegetables, or any plants or trees other than for 29 the domestic use by the occupants of the premises. The term does not 30 include aquaculture, retail sales of agricultural produce, rural industry, 31 or a bulk garden supplies as defined in this clause; 32

90 Local Government (Robina Town Centre Planning Agreement) Amendment "animal husbandry"--Any premises used or intended for use for the 1 keeping or farming of animals, birds or reptiles. The term includes 2 poultry, dairy and goat farms, and veterinary establishments associated 3 with them, but does not include a cattery, kennels, piggery, rural 4 industry, stable or lot feeding as defined in this clause, nor the keeping 5 of domestic animals; 6 "aquaculture"--Any premises used or intended for use for the commercial 7 production of fish, crustacean or shellfish; 8 "automotive and marine premises"--Any premises used or intended for 9 use for the cleaning, customising, detailing, hire, modification, repair, 10 sale, storage, or servicing of new and used vehicles, vessels (not 11 exceeding ten (10) metres in length), machinery, trailers or caravans. 12 The term includes, when carried on within a building, the sale or fitting 13 of accessories, spare parts or replacement parts, panel beating and 14 spray painting or the provision of training and ancillary services; 15 "bed and breakfast"--Any premises used or intended for use as a dwelling 16 house which may also provide overnight accommodation for up to 17 four tourists or members of the travelling public on an occasional 18 basis. The term does not include an accommodation unit as defined in 19 this clause; 20 "bulk garden supplies"--Any premises used or intended for use for the 21 sale or distribution of sand, soil, screenings, rocks, sleepers and other 22 such garden and landscaping materials where such material is received 23 on site in quantities greater than one cubic metre. The term does not 24 include agriculture, extractive industry, retail nursery or rural industry 25 as defined in this clause; 26 "car park"--Any premises used or intended for use for the parking of 27 motor vehicles where such parking is not ancillary to a use or uses on 28 the same site; 29 "caravan park"--Any premises used or intended for use for the parking of 30 caravans and/or the pitching of tents for the purpose of providing 31 accommodation for and rendering services to travellers, tourists or the 32 general public, whether or not relocatable homes and/or other 33 accommodation are also situated on the site. The term includes the 34 erection and use within the caravan park of a kiosk and/or amenity 35

91 Local Government (Robina Town Centre Planning Agreement) Amendment buildings for the exclusive use of occupants of the caravan park. The 1 term does not include a motel or a relocatable home park as defined in 2 this clause; 3 "caretaker's residence"--Any dwelling unit used or intended for use for 4 caretaker purposes only where a person residing therein is employed 5 on the site and where the dwelling unit is used in connection with an 6 industry or other non--residential use conducted on the same parcel of 7 land. The term includes any dwelling unit provided for a person 8 engaged in a use lawfully established on the land; 9 "car wash"--Any premises used or intended for use for the washing of 10 motor vehicles manually or by an automatic or partly automatic 11 process using mechanically operated brushes and/or washers and 12 whether or not air jet dryers are also used; 13 "casino"--Any premises used or intended for the purpose of gambling and 14 where the use is conducted in accordance with the provisions of any 15 Act concerning casino premises. The term does not include an indoor 16 recreation; 17 "catering business"--Any premises used or intended for use for the 18 purpose of the preparation or service of beverages, food or 19 confectionary for consumption either on the premises or off the 20 premises included in but not limited to Appendix I hereto: 21 Appendix I 22 Cafe 23 Coffee Shop 24 Confectioner 25 Fast food outlet 26 Fried food outlet 27 Milk bar 28 Patisserie 29 Reception room or function room 30 Restaurant 31 Snack bar 32

92 Local Government (Robina Town Centre Planning Agreement) Amendment Specialty food outlet 1 Tea garden 2 Tea room 3 The term does not include a hotel or tavern as defined in this clause; 4 "cattery"--Any premises used in connection with the keeping, boarding, or 5 breeding of more than four cats; 6 "cemetery"--Any premises used or intended for use for the interment of 7 the dead or the reduction of the human body to ashes after death. The 8 term includes a graveyard, a burial ground, or any funeral chapel or 9 parlour or columbarium erected on such land and used in connection 10 therewith; 11 "central fuelling facility"--Any premises used or intended for use for the 12 fuelling of motor vehicles or vessels used by or in connection with any 13 use within the Development Section in which the facility is located 14 which fuelling involves the sale of petrol or automotive distillate or any 15 derivative capable of use in internal combustion engines. The term 16 does not include fuel depot or a service station or service station 17 combination; 18 "child care centre"--Any premises used or intended for use for the 19 minding or care, but not residence, of children. The term includes a 20 kindergarten, creche or pre-school. The term does not include family 21 day care, an educational establishment, institution or a special use as 22 defined in this clause; 23 "cinema"--Means a place used or intended to be used for the showing of 24 moving pictures. The term includes:-- 25 (1) where the whole or part of those premises are the premises to 26 which a license or permit under the Liquor Act 1992 applies, and 27 the use of any facility provided for the purpose of exercising the 28 rights or privileges conferred by that license or permit; 29 (2) the use of any facility provided for the purpose of light 30 refreshments. 31 The term does not include a cultural facility, high technology 32 entertainment facility, licensed club or public recreation as defined in 33

93 Local Government (Robina Town Centre Planning Agreement) Amendment this clause; 1 "commercial premises"--Any premises used or intended for business, 2 commercial or financial purposes not otherwise defined in this clause; 3 "convention centre"--Any premises: 4 (1) established in a co-ordinated fashion; 5 (2) which function as an integrated unit; and 6 (3) used or intended for use for any or all of the following: 7 (a) as a place for the assembly of persons for some common 8 object; or 9 (b) for trade fairs or exhibitions, whether or not they are also 10 used or intended for use for any form of entertainment not 11 envisaged by its use as referred to in sub-paragraphs (a) and 12 (c); 13 (c) for or in connection with the conduct of sporting or athletic 14 activities engaged in competitively; 15 The term includes the use of any facilities provided at those 16 premises for the health, comfort or convenience of persons resorting 17 thereto for those activities which characterise those premises 18 including any facility providing light refreshments, meals for 19 consumption thereat or elsewhere, professional services by a 20 medical practitioner or physiotherapist, or banking services; 21 "cultural facility"--Any premises used or intended for use for the purpose 22 of a library, museum, theatre, concert hall or art gallery. The term 23 does not include a special use as defined in this clause; 24 "display home"--Any dwelling house, duplex dwelling or accommodation 25 unit used or intended for use for a period not exceeding two (2) years 26 to display to the general public the type of construction or design 27 offered by a builder. The term does not include an estate sales office, 28 office, or professional office as defined in this clause; 29 "duplex dwelling"--Any premises which is comprised of two attached 30 dwelling units on one allotment. The term does not include family 31 accommodation or integrated housing as defined in this clause; 32

94 Local Government (Robina Town Centre Planning Agreement) Amendment "dwelling house"--Any premises which comprises a single dwelling unit 1 in a separate building, not including a caretaker's residence or 2 integrated housing as defined in this clause; 3 "educational establishment"--Any primary school, secondary school, 4 college, university, technical institute, academy, educational centre or 5 premises used for the provision of education. The term includes the 6 provision of residential accommodation associated therewith but does 7 not include a child care centre or institution as defined in this clause; 8 "estate sales office"--Any premises, including a caravan, erected on land 9 subdivided and released as one estate and used or intended for use for 10 a period not exceeding two (2) years for the purpose of promoting and 11 selling that land only. The term does not include a display home, an 12 office, or a professional office as defined in this clause; 13 "extractive industry"--Any premises used or intended for use for the 14 purpose of carrying on an industry involving extraction, storage, 15 loading or cartage of sand, gravel, soil, rock, stone or similar 16 substances from land. The term does not include crushing, screening, 17 washing or other treatment process, or manufacture of products from 18 such substances, or a mine under the Mineral Resources Act 1989; 19 "factory units"--Any premises used or intended for use as a multi-unit 20 factory development erected upon one allotment, where provision is 21 made for separate industries of similar classifications; 22 "family accommodation"--Any premises used or intended for use as a 23 dwelling unit within the curtilage of a dwelling house where the 24 dwelling unit is used or intended for use for occupation by a member 25 or members of the immediate family of, and/or by personal staff 26 necessary for the health or well being of, a member or members of the 27 household; 28 "fuel depot"--Any premises used or intended for use as a depot for the 29 storage or sale of liquid or gaseous fuel, where such premises are 30 required to be licensed in accordance with the Flammable and 31 Combustible Liquids Regulations 1976. The term does not include a 32 central fuelling facility, a service station, a service station combination, 33 automotive and marine premises or a waterfront activity; 34

95 Local Government (Robina Town Centre Planning Agreement) Amendment "funeral parlour"--Any premises used or intended for use by an undertaker 1 for the storage of, or preparation of bodies for burial or cremation. 2 The term includes a mortuary, a funeral chapel, and/or 3 office/administration areas used in connection with the use; 4 "general store"--Any premises not exceeding one hundred and seventy 5 five (175) square metres in retail floor area used or intended for use for 6 the sale by retail of general merchandise including food; 7 "heavy industry"--Any premises used or intended for use for any of the 8 purposes included in Appendix II hereto or any other industrial 9 purposes (which in the opinion of Council is heavy) not specifically 10 defined in this clause; 11 Appendix II 12 (1) Any operation involving:-- 13 - The use of a radioactive substance or material in a 14 process. 15 - The treatment or processing of a radioactive substance or 16 material contaminated by a radiation substance prior to 17 disposal. 18 - The disposal of a radioactive substance or material. 19 - The storage of a radioactive substance or material. 20 except where that radioactive substance or material forms 21 part of an instrument or is used in association with 22 equipment for the testing, measurement or analysis of a 23 product, machinery or equipment or is used for medical 24 purposes; 25 (2) Purposes including or ancillary to any of the following:-- 26 - Cannery 27 - Distillery 28 - Fertiliser Works 29 - Foundry 30 - Generating Works 31

96 Local Government (Robina Town Centre Planning Agreement) Amendment - Iron and steel works 1 - Paper mill 2 - Rubber mill 3 - Sanitary depot 4 - Sewerage treatment works 5 - Sugar refinery 6 - Tannery 7 (3) Purposes involving any process for or ancillary to the 8 manufacture of any of the following:-- 9 - Acids 10 - Ammunition 11 - Asbestos products 12 - Bleaches 13 - Calcium carbide 14 - Celluloid or celluloid products 15 - Cement and lime 16 - Chemicals where there is risk of explosion or the escape 17 of toxic gas 18 - Disinfectants 19 - Explosives (including fireworks) 20 - Fertilisers 21 - Flammable or combustible liquids by refining and 22 including any products of flammable or combustible 23 liquid and resins, waxes or pigments 24 - Gas as defined in the Gas Act 1965-1985 but not 25 including carburetted water gas, producer gas or water gas 26 where those gases are immediately used by a gas engine 27 - Lead products 28 - Matches 29

97 Local Government (Robina Town Centre Planning Agreement) Amendment - Organic compounds of mercury 1 - Oxygen 2 - Paint or varnish 3 - Photographic film other than non-flammable film 4 - Poisons listed in Schedule 5, Schedule 6 or Schedule 7 of 5 the Poisons Regulations of 1973 as amended 6 - Plastic 7 - Soap (where there is an extraction of fat) 8 - Solder 9 - Tar 10 - Vaccines bearing live virus 11 - Zinc oxide by the continuation of a smeltering process 12 (4) Purposes involving any process for or ancillary to an 13 activity listed hereunder:-- 14 - Cleaning, descaling or treatment of metal or masonry or 15 other articles by abrasive blasting other than by a wet 16 process 17 - Cleaning, descaling or treatment of ferrous metal in an 18 acid bath 19 - Conduct of a poultry dressing house (more than 500 birds 20 per week) 21 - Conduct of a pre-mix bitumen plant 22 - Heat treatment in a kiln of minerals (including clay), 23 timber, or the products of powder metallurgical processes 24 - Hot dip galvanising, sheraldizing, electroplating, 25 electrostatic coating with metals or processes of a like 26 nature 27 - Incineration where the incinerator or incinerators used is 28 or are capable of consuming in excess of one tonne of 29 material per hour and where not in the use of a 30

98 Local Government (Robina Town Centre Planning Agreement) Amendment crematorium 1 - Preparation of foods for animal consumption by cooking, 2 refining, purifying, extracting, smoking, curing, salting, 3 dehydrating, conserving or like means 4 - Preserving meats, fish or oysters other than by cold 5 storage 6 - Processing lead 7 - Processing natural rubber 8 - Processing or treatment of animal, fish or bird carcasses 9 or parts of them by boiling, heating, washing, crushing, 10 burial, tanning or scouring other than in the production of 11 food, and including extraction of fat and the production of 12 animal by-products including glue 13 - Settling ponds for offensive liquids 14 - Slaughtering of livestock at an abattoir, slaughter-house or 15 knackery 16 - Smelting, alloying or refining of metals, ores or semi- 17 processed ores (including the reclamation of metal from 18 scrap) 19 (5) Storage of any of the following:-- 20 � Flammable liquid and combustible liquid or either of 21 them where-- 22 (i) the quantity stored above ground is ordinarily 23 more than 24 (a) 2,500 litres of class A flammable liquid; 25 (b) 5,000 litres of class B flammable liquid; 26 or 27 (c) 15,000 litres of combustible liquid; or 28 (ii) the quantity of flammable liquid and 29 combustible liquid stored below ground is 30 ordinarily more than 385,000 litres, and the 31 storage of that liquid is not in connection with 32

99 Local Government (Robina Town Centre Planning Agreement) Amendment the operation of a motor fuel pump; 1 � poisons by way of any one or more of those poisons 2 listed in Appendix A to Schedule 6 of, and in 3 Schedule 7 of, The Poisons Regulations of 1973 as 4 amended where ordinarily the quantity of those 5 poisons stored is in excess of two kilograms; 6 � poisons by way of any one or more of-- 7 (i) the poisons listed in Schedule 5 of The 8 Poisons Regulations 1973 as amended; and 9 (ii) such of the poisons listed in Schedule 6 of 10 The Poisons Regulations 1973 as amended 11 as are not also listed in Appendix A to that 12 Schedule 6, where ordinarily the quantity of 13 those poisons stored is in excess of 14 200 kilograms; 15 � ammunition other than ammunition the storage 16 whereof is ancillary to the sale of the same pursuant 17 to a license under The Explosives Regulations, 1955 18 as amended; 19 - calcium carbide where ordinarily the quantity 20 stored is in excess of 50 kilograms; 21 - explosives (including fireworks) as defined 22 in the Explosives Act 1985; 23 - gas as defined in the Gas Act 1965 except 24 where stored in a cylinder or cylinders being 25 of not more than a total capacity of 46,000 26 kilograms water capacity; 27 - chemicals, not listed elsewhere herein, where 28 there is a risk of explosion or the escape of 29 dangerous gas or fluids; 30 - bones, hides, skins or tallow; 31 "helicopter landing site"--Any premises used or intended for use and 32 which are authorised to be used as an aerodrome for the purposes of 33

100 Local Government (Robina Town Centre Planning Agreement) Amendment the landing and taking off of helicopters; 1 "high technology entertainment facility"--Any premises used or intended 2 for use for the conduct of new types of high technology entertainment 3 products which include but are not limited to:-- 4 - Imax theatres, Imax Show Scan with 360 degree theatre 5 experience 6 - virtual reality facilities 7 - interactive entertainment experiences 8 - other forms of hi-tech themed attractions and 9 entertainment centres. 10 The use may be integrated with retail facilities; 11 "home occupation"--Any occupation or profession carried on, in, under, or 12 within the curtilage of, a dwelling unit and in the conduct of which:-- 13 (1) Either the registered proprietor of the dwelling house 14 and/or members of his family are engaged or the legal 15 tenant (subject to the written consent of the registered 16 proprietor) and/or members of his family are engaged; 17 (2) The floor area used (whether temporarily or permanently) 18 does not exceed one third of the gross floor area of the 19 dwelling house, up to a maximum of thirty (30) square 20 metres except, and in accordance with, the conditions of 21 an express permission of Council; 22 (3) There is no interference with the amenity of the 23 neighbourhood from the operation of machinery or 24 electrical equipment, or from light, noise, vibration, smell, 25 fumes, smoke, vapour, steam, soot, ash, grit, oil, dust, 26 waste water, waste products, electrical interference, or 27 otherwise; 28 (4) A workshop may be established but no goods are publicly 29 displayed on the premises; 30 (5) No load is imposed on the public utility greater than that 31 which is normally required by residential uses; 32

101 Local Government (Robina Town Centre Planning Agreement) Amendment (6) No sign other than a sign not exceeding zero point three 1 (0.3) square metres in area, and bearing only the name, 2 occupation and telephone number of the occupier is 3 displayed; 4 (7) No more than one commercial vehicle is used; 5 (8) The level of traffic generated is compatible with residential 6 uses, and adequate car parking is provided; 7 (9) Members of the public visit the premises only between 8 the hours of 8.30am to 5.00pm Monday to Friday and 9 8.30am to 12 noon Saturday (unless otherwise approved 10 by Council); 11 (10) That personal services or paramedical services are not 12 permitted unless otherwise approved by Council; 13 "hospital"--Any premises used or intended for use for the medical or 14 surgical treatment of sick, injured and infirm persons or the care and 15 accommodation of sick, injured or infirm persons; 16 The term includes a home for infirm, incurable or convalescent 17 persons, a hospital, a nursing home, or a sanatorium, and includes 18 buildings and other structures associated with such uses, but does not 19 include an institution, respite care centre or retirement community as 20 defined in this clause; 21 "hotel"--Any premises where a general license is required under the 22 provisions of the Liquor Act 1992 and which provides:-- 23 - accommodation in guestrooms or suites 24 - bars and/or lounge bars for the sale of liquor to be 25 consumed on the premises 26 - a restaurant or restaurants for private or public use 27 and which may also include:-- 28 - function room or rooms 29 - nightclub or cabaret 30 - ancillary tourist services and shops 31 - ancillary recreation facilities both internal and external 32

102 Local Government (Robina Town Centre Planning Agreement) Amendment - provision for the sale of liquor to be consumed off the 1 premises 2 The premises may be subdivided by a building units plan; 3 "institution"--Any premises used or intended for use as:-- 4 (1) Premises for the care, treatment and/or accommodation of 5 the mentally ill or mentally or physically handicapped; 6 (2) Premises for the reform or training of persons committed 7 thereto by a court; 8 (3) Any other similar use. 9 The term includes buildings and other structures associated with 10 such uses, but does not include a hospital, or a retirement 11 community as defined in this clause; 12 "integrated housing:--Any premises comprising two or more dwelling 13 units that:-- 14 (1) may or may not be in separate buildings; 15 (2) are designed and developed in an integrated manner; 16 (3) comply with the provisions of AMCORD, or AMCORD 17 Urban as amended from time to time; 18 "kennels"--Any premises used or intended for use in connection with the 19 keeping, boarding or breeding or training of more than two (2) dogs; 20 "kiosk"--Any premises used or intended for use for the sale of general 21 merchandise including food where such a use does not exceed a total 22 use area of fifty (50) square metres and is located preferably within a 23 building or a public park and where the goods are sold to the general 24 public. The term does not include a catering business or shop as 25 defined in this clause; 26 "laundromat"--Any premises used or intended for use for the mechanical 27 washing, drying and ironing of clothes and fabrics by any member of 28 the public; 29 "licensed club"--Any premises to which the public does not resort which: 30 (1) are used or intended for use by a club, lodge, friendly 31 society or like organisation as a place for meetings of, 32

103 Local Government (Robina Town Centre Planning Agreement) Amendment social intercourse among, or entertainment of, the 1 members of the club, lodge, friendly society or like 2 organisation, whether or not those premises are also used 3 or intended for use in part as an office for the 4 administration of the affairs of the club, lodge, friendly 5 society or like organisation; and 6 (2) are premises to which a club license of one of the 7 prescribed types under the Liquor Act 1992 applies; 8 but does not include:-- 9 (a) any premises, place or part of any premises or place 10 elsewhere specifically defined in this clause; or 11 (b) any premises used for any purpose elsewhere 12 specifically defined in this clause. 13 A use of premises for the purpose of a licensed club:-- 14 (3) includes the use of those premises for any activity 15 authorised by a club license under the Liquor Act 1992; 16 (4) does not include, save for the use of a caretaker's flat, any 17 residential use; 18 (5) does not include the use of these premises for an hotel or 19 tavern as defined in this clause; 20 "light industry"--Any premises used or intended for use for any purpose 21 included in Appendix III, provided that the term does not include a use 22 contemplated by the term automotive and marine premises. 23 Appendix III 24 (1) Purposes including or ancillary to any of the following:-- 25 - Aerated water manufacturing 26 - Agricultural supplies and machinery 27 - Aluminium working 28 - Animal food manufacturing 29 - Asbestos products and cement products 30 - Assembly works 31

104 Local Government (Robina Town Centre Planning Agreement) Amendment - Bonded store 1 - Bottling 2 - Builders supply depot, workshop or yard 3 - Caravan manufacturing 4 - Carpenters' and joiners' workshop 5 - Clothing manufacturing 6 - Cold store 7 - Contractors' yard 8 - Cotton goods manufacturing 9 - Diecasting 10 - Electrical appliance manufacturing 11 - Electricians' depot, workshop or storeroom 12 - Electroplating 13 - Engineering works (light) 14 - Fibre-glass manufacturing 15 - Floor covering factory 16 - Foodstuff manufacturing 17 - Footgear manufacturing 18 - Fruit products manufacturing 19 - Furniture storage 20 - Gas appliances workshop 21 - Hardware manufacturing 22 - House removing depot 23 - Leathergoods manufacturing 24 - Light metal working 25 - Painters' depot 26 - Printing 27

105 Local Government (Robina Town Centre Planning Agreement) Amendment - Recycling depot for collection, sorting and dispatch of 1 household paper, metal, plastic & glass 2 - Second hand goods depot 3 - Shop fitting 4 - Signwriters' yard 5 - Silvering of glass 6 - Smallgoods manufacturing 7 - Stoneworking 8 - Timber yard (other than a mill) 9 - Tradesmen's workshop and yard 10 - Wholesale depot 11 - Woodworking 12 - Workshop 13 (2) Purposes involving any process for or ancillary to the 14 manufacture of any of the following:-- 15 - Artificial flowers 16 - Blinds 17 - Brooms, brushes, bristle or hair goods 18 - Cameras 19 - Clocks, watches 20 - Coir goods 21 - Cork goods 22 - Drawing or writing goods 23 - Felt goods 24 - Fur goods 25 - Leadlights 26 - Musical instruments 27

106 Local Government (Robina Town Centre Planning Agreement) Amendment - Optical goods (other than spectacles or the like) 1 - Paper goods, paper board goods 2 - Scientific instruments 3 - Sports equipment (other than ammunition, vehicles and 4 water craft) 5 - String, string goods 6 - Textile bags 7 - Therapeutic and life support aids, appliances, garments 8 and equipment 9 - Travelling bags 10 - Twine, twine goods 11 - Umbrellas 12 - Wiregoods (other than barbed wire, wire mesh, wire 13 netting, wire rope and cable) 14 "lot feeding"--Any premises used or intended for use for the purpose of 15 feeding stock in stalls, compounds or stock yards as distinct from 16 range feeding. The term does not include a piggery as defined in this 17 clause; 18 "market industry"--Any premises used or intended for use for the 19 purposes of hand crafting, displaying and offering for sale goods of a 20 similar type or nature and which does not cause any interference with 21 the amenity of the Precinct by reason of the emission of noise, 22 vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, 23 wastewater, light (whether steady or flashing), waste products, grit, oil 24 or otherwise or cause hazard likely in the opinion of the Council to 25 cause undue disturbance and/or annoyance to persons or other property 26 not connected with the industry. The term includes the ancillary use of 27 such premises for:-- 28 (1) the storage of articles used in connection with or resulting from 29 such activity; 30 (2) the use of any amenity building provided at such premises; 31 (3) any work of administration or accounting in connection with any 32

107 Local Government (Robina Town Centre Planning Agreement) Amendment such activity; 1 but does not include commercial premises, industry, kiosk, shop, or 2 catering business as defined in this clause; 3 "medical centre"--Any premises used or intended for use for the medical 4 or surgical care or treatment of persons not resident on the site. The 5 term includes a first aid station, a maternal and child welfare clinic, a 6 nursing service, an ambulance station, and premises used or intended 7 for use by a chiropodist, chiropractor, dentist, medical practitioner, 8 optometrist, natural therapist, pathologist, physiotherapist, or 9 radiologist, in the practice of that profession. The term does not 10 include a home occupation, a hospital, an institution, a retirement 11 community or a surgery as defined in this clause; 12 "medium industry"--Any premises used or intended for use for any 13 industry not specifically defined elsewhere in this clause; 14 "milk depot"--Any premises used or intended for use for the purpose of 15 bulk handling of milk or dairy products for distribution to consumers 16 or retailers. The term includes the loading and unloading of vehicles 17 used in such distribution; 18 "minor tourist facility"--Any premises not exceeding a total area of one 19 hundred and fifty (150) square metres used or intended for use 20 primarily for the purpose of providing small scale, low-key recreation, 21 entertainment or attractions for the general touring public. The term 22 includes eating facilities for tourist as an ancillary use where the seating 23 capacity does not exceed forty (40) persons. The term does not 24 include a shop, kiosk, catering business, public recreation, or any use 25 for residential purposes, as defined in this clause; 26 "motel"--Any premises used or designed for use for temporary 27 accommodation of travellers and the vehicles used by them. The term 28 includes ancillary premises used or designed for use in the provision 29 of meals to such travellers and the general public but does not include a 30 caravan park or a hotel as defined in this clause; 31 "night club"--Any premises used or intended for use as a cabaret or night 32 club where entertainment is regularly provided to members of the 33 public and where an on-premises license is required under the 34 provisions of the Liquor Act 1992. The term includes the provision of 35

108 Local Government (Robina Town Centre Planning Agreement) Amendment music and dancing facilities for people attending the night club; 1 The term does not include a hotel, public recreation, catering business 2 or tavern as defined in this clause; 3 "occasional market"--Any premises used or intended for use for a limited 4 duration and from time to time for the purpose of displaying or selling 5 readily portable home made or crafted articles to the public from stalls 6 which are not fully enclosed within a building. The term does not 7 include a shop as defined in this clause; 8 "office"--Any premises used or intended for use for business 9 administration, carrying on of agencies, banks, secretarial services or 10 services of a similar nature. The term includes administration in 11 connection with an industry, business or other commercial use where 12 not conducted on the same site. The term does not include a 13 professional office as defined in this clause; 14 "park"--Means land:-- 15 (1) to which the public has rights of access; 16 (2) used or intended for use for open air recreation, and 17 (3) which:-- 18 (a) has been ornamentally laid out or prepared with 19 paths; 20 (b) has been prepared or is maintained as a grassed area 21 or buffer either with or without trees or shrubbery. 22 Use of the premises for the purpose of a park includes:-- 23 (4) the use of any facilities provided on land being a park for 24 the enjoyment or convenience of the public by way of:-- 25 (a) bandstands 26 (b) picnic places, places for enjoying views, routes for 27 nature study, parking areas, bikeways and footways; 28 (c) information and display areas for the promotion of 29 such land; 30 (d) shelters and other public conveniences; 31

109 Local Government (Robina Town Centre Planning Agreement) Amendment (e) children's play areas; 1 (f) temporary light refreshment booths; 2 (5) the use of any waterfront area for a landing facility; 3 (6) open-air recreation within the park or on part of any river, 4 creek, stream or other body of water abutting or within the 5 park; 6 (7) any infrequent use of such land for a sport or form of 7 athletics conducted on an informal basis; 8 (8) structures, surfacing or equipment provided for informal 9 sport or physical exercise; 10 (9) sculptures, fountains, ponds or other decorative devices; 11 and 12 (10) maintenance sheds and depots. 13 The term does not include private recreation or public recreation as 14 defined in this clause; 15 "passenger terminal"--Any premises used or intended for use for the 16 assembly and dispersal of passengers and their baggage prior to or 17 subsequent to their transportation irrespective of the mode of transport 18 and includes waiting rooms associated therewith; 19 "piggery"--Any premises used or intended for use for the keeping, 20 depasturing, feeding, watering or breeding of pigs; 21 "place of worship"--Any premises used or intended for use primarily for 22 the public religious activity of a religious organisation, community or 23 association. The term does not include an educational establishment, 24 or an institution, as defined in this clause, but does include ancillary 25 use of part of the premises for a columbarium; 26 "private recreation"--Any premises within the curtilage of a dwelling 27 house, duplex dwelling or accommodation unit used or intended for 28 use by the occupants for recreation provided that, in the opinion of 29 Council, the use is not detrimental to the amenity of the area because of 30 noise, traffic, lights, or anything whatsoever. The term does not 31 include premises used by clubs or teams, or premises open to the 32 public with or without charge, or domestic swimming pools, but 33

110 Local Government (Robina Town Centre Planning Agreement) Amendment includes tennis courts or half courts; 1 "professional office"--Any premises used or intended for use for the 2 provision of professional services or the giving of professional advice 3 by an accountant, architect, engineer, management consultant, property 4 consultant, legal practitioner, surveyor, taxation consultant, town 5 planner, valuer, or other professional practitioner. The term does not 6 include a medical centre or office as defined in this clause; 7 "public recreation"--Any premises used or intended for use for any 8 activity, purpose, pursuit, entertainment or recreation which involves 9 the active participation or entertainment of the general public for the 10 purpose of exercise or enjoyment. The term includes but is not limited 11 to those activities, purposes, pursuits, entertainments or recreations 12 included in Appendix IV:-- 13 Appendix IV 14 - Amusement parlour or centre unless otherwise defined 15 - Archery 16 - Boating 17 - Bowling 18 - Circus 19 - Dance hall 20 - Equestrian centre 21 - Exhibition 22 - Fair 23 - Golf 24 - Gymnasium 25 - Hall or meeting hall 26 - Indoor cricket centre 27 - Model car, boat or aircraft operations 28 - Playing field 29 - Rowing 30

111 Local Government (Robina Town Centre Planning Agreement) Amendment - Skating rink 1 - Sporting arena or track 2 - Stadium 3 - Swimming pool 4 - Tennis or squash courts 5 - Unlicensed club 6 - Youth centre 7 The term includes, where approved by Council, the erection of 8 clubhouses or ancillary buildings, and the occasional use of the 9 premises for fairs, exhibitions and similar activities if approved 10 by Council. The term does not include a park or private 11 recreation as defined in this clause; 12 13 "private utility "--Any premises used or intended for use for any of the 14 following undertakings:-- 15 (1) A railway, tramway, road transport, air transport, 16 wharf, harbour, river or other undertaking offering 17 transportation services to the public; 18 (2) The supply of water, hydraulic power, electricity or gas, 19 or the provision of telephone, postal, sewerage or 20 drainage services; 21 (3) The provision or maintenance of roads or traffic 22 controls. 23 The term includes maintenance or storage depots used 24 in connection therewith; 25 "public utility "--Any premises used or intended for use for any of the 26 following undertakings, by a Government, Semi-Government, 27 Government owned Corporation, Statutory Authority, or Local 28 Authority:-- 29 (1) A railway, tramway, road transport, air transport, 30 wharf, harbour, river or other undertaking offering 31 transportation services to the public; 32

112 Local Government (Robina Town Centre Planning Agreement) Amendment (2) The supply of water, hydraulic power, electricity or gas, 1 or the provision of telephone, postal, sewerage or 2 drainage services; 3 (3) The provision or maintenance of roads or traffic 4 controls. 5 The term includes maintenance or storage depots used in connection 6 therewith; 7 "radio and television premises"--Any premises used or intended for use 8 for making, creating or arranging audio or visual programmes for 9 transmission as authorised by the Broadcasting and Television Act 10 1942 and may include use as an office for the associated business of 11 the premises; 12 "relocatable home park"--Any premises used or intended for use for the 13 parking or location of relocatable homes for the purpose of providing 14 residential accommodation. The term includes ancillary amenities 15 buildings, a kiosk and recreational facilities where maintained for the 16 use of patrons of the relocatable home park. The term does not include 17 a caravan park as defined in this clause; 18 "respite care centre"--Any premises used or intended for use for the 19 occasional or temporary accommodation and care of elderly or infirm 20 persons, physically or intellectually handicapped persons or persons 21 suffering from a physical or mental illness or those who care for them; 22 The term includes ancillary dining and recreation facilities, 23 administrative offices, laundries, kitchens, residential accommodation 24 for persons associated with the development and other ancillary 25 activities which are complementary to and compatible with the 26 development. 27 The term does not include a child care centre, hospital, institution or 28 retirement community as defined in this clause; 29 "retail nursery"--Any premises used or intended for use for the sale to 30 members of the public of plants, shrubs, trees, pots, gardening 31 equipment and accessories. The term includes the sale of gardening 32 materials where those materials are ancillary to the sale of plants and 33 are packaged for sale in quantities not exceeding 50 kilograms. 34

113 Local Government (Robina Town Centre Planning Agreement) Amendment The term does not include bulk garden supplies, rural industry, shop or 1 showroom as defined in this clause; 2 "retirement community"--Any premises which are used or are intended 3 for use as permanent residential accommodation for persons aged fifty 4 years or over and which consist of a grouping of dwelling units and/or 5 serviced hostel units together with ancillary facilities provided for 6 exclusive use by residents or staff of the community and which may 7 include staff accommodation, chapels, medical consulting rooms, 8 meeting rooms, recreational facilities, therapy rooms, and kiosk 9 facilities; 10 "rural industry"--Any premises used or intended for use for the purpose of 11 any industry (not being a heavy industry) handling, treating, 12 processing or packing primary products produced on the land on 13 which it is situated. The term includes sawmilling when carried out in 14 a rural area, a wholesale nursery, a turf farm, servicing of plant or 15 equipment used for agricultural, rural industry or forestry purposes; 16 but does not include a shop or stall as defined in this clause nor retail 17 sale of any products; 18 "salvage yard"--Any premises used or intended for use in the collection 19 storage, salvaging, abandonment, dismantling or sale of scrap metals, 20 scrap timber, other scrap materials, scrap goods, motor vehicles or 21 machinery; 22 "service industry"--Any premises used or intended for use for the purpose 23 of conducting any industry included in but not limited to Appendix V 24 provided that it complies with the criteria of Schedule A; 25 Appendix V 26 - Bonded store where associated with a duty - free shop 27 - Boot and shoe repairing 28 - Bread, cake and pastry establishment 29 - Business machine maintenance 30 - Cleaning contractor's establishment 31 - Clock, watch and jewellery manufacturing and repairing 32 - Computer services 33

114 Local Government (Robina Town Centre Planning Agreement) Amendment - Cycle repairing 1 - Dancing teaching 2 - Display Centre 3 - Dressmaking, tailoring and millinery 4 - Dry cleaning and dyeing 5 - Duplicating and copying service 6 - Electrical goods maintenance 7 - Engraving 8 - Equipment hire 9 - Film developing and printing 10 - Furniture repairing 11 - Glass Cutting 12 - Hairdressing 13 - Laundering 14 - Lawnmower maintenance 15 - Locksmith's establishment 16 - Mail delivery and sorting 17 - Mini storage depot 18 - Mobile phone installation and repairs 19 - Musical instrument maintenance 20 - Parcel delivery service depot 21 - Photographic studio 22 - Printing or photocopying or bookbinding 23 - Research & development industries 24 - Repair shop 25 - Screen printing 26 - Sculpture 27

115 Local Government (Robina Town Centre Planning Agreement) Amendment - Security services 1 - Signwriting 2 - Sportsgoods maintenance 3 - Taxicab depot 4 - Tool repairing and sharpening 5 - Upholstering 6 - Watchmaker's establishment; 7 Schedule A 8 (1) resulting noise levels must not detrimentally affect the 9 amenity of the areas; 10 (2) dust, fumes, odours or any other emission shall be 11 contained within the subject premises at all times; 12 (3) the appearance of the development must not detrimentally 13 affect the amenity of the area, whether by reason of the 14 scale of the buildings, the design and materials used in the 15 buildings, the storage of goods, vehicles or any other 16 material outdoors, or any other thing, taking into account 17 the location of any buildings and the topography and other 18 characteristics of the site and any landscaping existing or 19 proposed; 20 (4) any traffic generated by the activities on the premises 21 must not cause or aggravate a traffic problem, nor 22 detrimentally affect the amenity of the area; 23 "service station"--Any premises used or intended for use for the fuelling 24 of motor vehicles involving the sale by retail of petrol or automotive 25 distillate or any derivative capable of use in internal combustion 26 engines whether or not the premises are also used for one or more of 27 the following purposes:-- 28 (1) The sale by retail of-- 29

116 Local Government (Robina Town Centre Planning Agreement) Amendment (a) lubricating oils and greases; 1 (b) batteries and tyres; 2 (c) accessories and other products associated with motor 3 vehicles; 4 (d) power and lighting kerosene; 5 (e) mower fuel; 6 (f) maps, tobacco, confectionery, patent medicines, 7 softdrinks, milk products, bread, newspapers and 8 periodicals where any such sale is to a person travelling 9 by motor vehicle; 10 (2) The carrying out of:-- 11 (a) the fitting, removal, and exchange of tyres; 12 (b) the repairing of tubes; 13 (c) the supply of air; 14 (d) the charging or replacement of batteries; 15 (e) the lubrication and greasing of motor vehicles; 16 (f) the cleaning, adjustment and replacement of 17 sparkplugs; 18 (g) the adjustment, cleaning or replacement of filters or 19 carburettors or fuel injection systems; 20 (h) the reception and return of tyres deposited for repair on 21 other premises; 22 (i) running repairs of a minor nature and of a type which 23 do not normally immobilise a vehicle for a period 24 longer than two hours; 25 (j) the washing, cleaning and polishing of vehicles; 26 (3) The rendering of minor services incidental to any of the 27 foregoing. 28 The term does not include a catering business, an industry, a salvage 29 yard, a passenger terminal, a shop, or a transport terminal, as 30

117 Local Government (Robina Town Centre Planning Agreement) Amendment defined in this clause; 1 "service station combination"--Any premises used or intended for use 2 for:-- 3 (1) a service station in combination with a specified use; or 4 (2) a service station, a specified use and a use associated with 5 the service station or specified use in relation to the 6 premises; 7 whether or not the premises are used for any other purpose. 8 The total use area used for the specified use must not exceed 175m2. 9 In this definition, "specified use" means any one of the following 10 uses:-- 11 (a) general store; 12 (b) local store; 13 (c) shop; 14 (d) store. 15 "shop"--Any premises used or intended for use for the purpose of 16 displaying or offering of goods for sale by retail. The term includes 17 the ancillary storage of goods on the same premises or a food barn or 18 administration activities carried out in connection with the use. The 19 term also includes, where ancillary to a major shopping development, 20 the fitting of motor vehicles accessories and parts or the rendering of 21 minor services or minor running repairs to motor vehicles. The term 22 does not include commercial premises, a general store, a hotel, an 23 industry, a service station, a showroom, a stall or a warehouse as 24 defined in this clause; 25 "showroom"--Any premises used or intended for use for the displaying 26 and/or offering for sale by retail or otherwise goods of a bulky 27 character where such use has a total use area of at least three hundred 28 (300) square metres. The term does not include a shop; 29 "special use"--Any premises used or intended for use for:-- 30 (1) Federal Government purposes; 31 (2) State Government purposes; 32

118 Local Government (Robina Town Centre Planning Agreement) Amendment (3) Local Government purposes including land 1 predominantly required for buffering or drainage 2 purposes; 3 (4) Semi-Government, statutory authority and Government 4 Owned Corporation purposes; 5 (5) Any other public purpose not specifically included in any 6 other definition contained in the Part. The term does not 7 include a child care centre, institution, park or public 8 utilities as defined in this clause, however to remove all 9 doubt, the term does include the use of premises for the 10 purpose of police, fire and ambulance stations and a State 11 Emergency Service Depot and uses associated therewith 12 or ancillary thereto; 13 "stable"--Any building or other structure, including a shed, loose box, 14 stall, roofed yard, or training track used or intended for use for the 15 stabling, keeping, feeding, watering, grooming, shoeing or veterinary 16 treatment of horses; 17 "stall"--Any premises used or intended for use for the display or sale of 18 agricultural or horticultural produce grown on the site on which the 19 stall is located. The term does not include a shop, bulk garden supplies 20 or general store as defined in this clause or the sale of garden hardware 21 or implements; 22 "surgery"--Any premises forming part of a dwelling house wherein the 23 owner and occupier of the dwelling house carries on the practice of a 24 medical general practitioner, dental surgeon, chiropractor, natural 25 therapist, physiotherapist or other similar medical profession. The 26 term does not include medical centre as defined in this clause; 27 "tavern"--Any premises where a general license is required under the 28 provisions of the Liquor Act 1992 and which provides: 29 - bars and/or lounge bars for the sale of liquor to be 30 consumed on the premises 31 - restaurant or restaurants for public use 32 - for the sale of liquor to be consumed off the premises 33 and which may also include: 34

119 Local Government (Robina Town Centre Planning Agreement) Amendment - function room or rooms 1 - nightclub or cabaret 2 - ancillary recreation facilities 3 - use of part of the premises as a Totalisator Administration 4 Board agency 5 - a mini brewery where ancillary to a tavern; 6 "temporary quarry"--Any premises used or intended for use for the 7 purpose of extraction, storage, loading, carting or treatment of sand, 8 gravel, rock, stone, soil, or similar substances for a period not 9 exceeding four (4) years from the date of the Council's consent or a 10 lesser period as determined by Council. The term does not include an 11 extractive industry as defined in this clause for the removal or 12 placement of sand, gravel, rock, stone, soil or similar substance during 13 the course of development of land; 14 "tourist facility"--Any premises used or intended for use primarily for the 15 purpose of providing recreation, entertainment or attractions for the 16 general touring public. The term includes accommodation or eating 17 facilities for tourists as an ancillary use; 18 "transport terminal"--Any premises used or intended for use for the 19 purpose of an airline goods terminal, bus depot, road transport goods 20 terminal, rail goods terminal or a terminal for water-borne goods. The 21 term does not include a passenger terminal, but includes a repository 22 for temporary storage of goods before re-shipment, and includes a 23 terminal used solely for the garaging and basic maintenance of fleet 24 vehicles engaged in the transport of goods; 25 "veterinary clinic"--Any premises used or intended for use in which a 26 veterinary surgeon or veterinarian treats the minor ailments of 27 domestic animal and household pet out-patients provided that no 28 patients remain on the premises overnight, except for emergency 29 cases; 30 "veterinary hospital"--Any premises used or intended for use for or in 31 connection with the treatment of sick or injured animals where such 32 animals are accommodated overnight or for longer periods in premises 33 constructed of sound proof materials. The term does not include 34

120 Local Government (Robina Town Centre Planning Agreement) Amendment animal husbandry as defined in this clause; 1 "warehouse"--Any premises used or intended for use for the storage of 2 goods, merchandise or materials in large quantities pending their sale, 3 or distribution, to persons who purchase for the purpose of resale only. 4 The term does not include a shop, showroom as defined in this clause, 5 nor a food barn; 6 "waterfront activity"--Any premises used or intended for use for the 7 purpose of conducting any activity included in and limited to 8 Appendix VI; 9 Appendix VI 10 - Chandlery involving the sale of boating equipment and 11 accessories not of a bulky character. 12 - Vessel refuelling facility having maximum storage 13 capacities for 2,000 litres of petrol, 2,000 litres of 14 distillate, 2,000 kgs of liquid petroleum gas and 500 litres 15 of lubricant. 16 - Naval architect. 17 - Marina having a maximum of 6 berths. 18 - Berthing facility. 19 - Shop for the sale of general requirements for boat owners 20 and for water activities, e.g. ice, bait, food and drinks. 21 The term does not include uses usually associated with boat building 22 or repair or marine engineering, or the provision of goods or 23 services of an industrial character; 24 "waterfront industry"--Any premises used or intended for use for the 25 purpose of conducting any industry included in but not limited to 26 Appendix VI which requires direct access to a river, creek, stream, or 27 other body of water as an essential part of its operation; 28 Appendix VII 29 - Boat building, repairing or storage 30 - Fish and seafood processing or storage 31 - Fishing gear manufacturing 32

121 Local Government (Robina Town Centre Planning Agreement) Amendment - Marina for more than 6 berths 1 - Marine engineering 2 - Slipway 3 - Warehouse associated with waterfront industry 4 - Wharf and dock. 5 "welfare premises"--Any premises used or intended for use for:-- 6 (1) social welfare purposes; 7 (2) provision of a counselling or advisory service; 8 (3) of a like character to those referred to in sub-paragraphs 9 (1) and (2); 10 (4) provision of some form of education or instruction to 11 some section of the public, 12 the term does not include commercial purposes, or an educational 13 establishment, licensed club or institution." 14 15 2.1.18 By deleting Clause 196 of the Second Schedule and substituting the 16 following Clause:-- 17 "196 The Council must from premises within the Core or the 18 Inner Frame continuously provide, maintain and 19 operate at a level of service not less than that normally 20 provided in the Shire and at its own expense:-- 21 196.1 on and from the 22nd of August 1996 a 22 public library; and 23 196.2 no later than the 31st December 1997 a 24 community centre (including provision of 25 meeting rooms); and 26 196.3 if the Council gives Robina a notice under 27 Clause 87 a community centre on the land 28 referred to in that Clause." 29 30

122 Local Government (Robina Town Centre Planning Agreement) Amendment 2.1.19 By removing from the Plans, Tables, Drawings and Documents 1 held at the Public Office of the Council the Plans/Tables shown in 2 column 1 and substituting in their respective place the Plans/Tables 3 in column 2 opposite the Plans/Tables deleted:-- 4 Column 1 Column 2 Plan No. 2/2/2 to be replaced by Plan No. 2/2/2A Plan No. 2/2/4 to be replaced by Plan No. 2/2/3A Plan No. 2/3/1 to be replaced by Plan No. 2/3/1A Table No. 2/3/2 to be replaced by Table No. 2/3/2A Plan No. 2/3/3 to be replaced by Plan No. 2/3/3A Plan No. 2/4/1 to be replaced by Plan No. 2/4/1A Table No. 2/4/3 to be replaced by Table No. 2/4/3A Plan No. 2/5/1 to be replaced by Plan No. 2/5/1A Table No. 2/5/2 to be replaced by Table No. 2/5/2A Plan No. 2/6/1 to be replaced by Plan No. 2/6/1A Plan No. 2/6/7 to be replaced by Plan No. 2/6/1A and by deleting the words and figures shown in column 1 wherever 5 they appear in the Robina Central Planning Agreement and 6 substituting in their respective place the words and figures in column 7 2 opposite the words and figures deleted. 8 9 2.1.20 By including in the Plans, Tables, Drawings and Documents to be 10 held at the Public Office of the Council Documents 1/1/5 to 1/1/20 11 (inclusive), Plan 2/2/4A and Plan 2/2/5. 12 2.1.21 By re-numbering Plan 2/2/3 held at the Public Office of the Council 13 Plan 2/2/6 and deleting the words and figures "Plan 2/2/3" 14 wherever they appear in the Robina Central Planning Agreement and 15 substituting the words and figures "Plan 2/2/6". 16 17

123 Local Government (Robina Town Centre Planning Agreement) Amendment 3 A reference to a Plan, Table, Drawing or Document identified by a 1 particular number in this Amendment Agreement is a reference to a 2 Plan, Table, Drawing or Document bearing that number held at the 3 public office of the Council certified under seal by both the Council 4 and Robina and Robina Properties as being the Plan, Table, 5 Drawing or Document of that number referred to in this 6 Amendment Agreement. 7 8 4 For the avoidance of doubt, the parties acknowledge and agree that 9 the Amendment Agreement executed by the parties on the 21st 10 March 1996 has never had effect. 11 12 5 Clause 99 of the Robina Central Planning Agreement applies to this 13 Amendment Agreement and is incorporated by reference in this 14 Amendment Agreement. 15 16 IN WITNESS WHEREOF the parties have executed this Amendment 17 Agreement on the day and year first hereinbefore written. 18 The Common Seal of ROBINA ) 19 LAND CORPORATION PTY LTD ) 20 A.C.N. 010 159 387 was ) 21 hereunto affixed in ) 22 accordance with its ) 23 Memorandum and Articles ) 24 of Association in the ) 25 presence of ) 26 a Director ) 27 and ) 28 the Secretary and in the ) 29 presence of: ) 30 31 32 Witness: 33

124 Local Government (Robina Town Centre Planning Agreement) Amendment The Common Seal of ROBINA ) 1 PROPERTIES PTY LTD A.C.N. ) 2 010 147 038 was hereunto ) 3 affixed in accordance ) 4 with its Memorandum and ) 5 Articles of Association ) 6 in the presence of ) 7 a Director ) 8 and ) 9 the Secretary and in the ) 10 presence of: ) 11 12 13 Witness 14 15 The Corporate Seal of ) 16 COUNCIL OF THE CITY OF ) 17 GOLD COAST was hereunto ) 18 affixed in the presence ) 19 of ) 20 the Mayor and ) 21 the ) 22 Chief Executive Officer and in ) 23 the presence of: ) 24 25 26 Witness 27 Solicitors for Robina Land Solicitors for Council of the City 28 Corporation Pty Ltd and Robina of Gold Coast:-- 29 Properties Pty Ltd:-- 30 31 Hill & Taylor King & Company 32 Solicitors & Attorneys Solicitors 33 Level 2, Level 7, 34 Waterfront Place, Quay Central, 35 1 Eagle Street, 95 North Quay, 36 Brisbane. Brisbane. 37 38 Mr. J.D. Taylor Mr. S.P. Fynes-Clinton'. 39 40 41

125 Local Government (Robina Town Centre Planning Agreement) Amendment � State of Queensland 1996

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