Final Design of the Developers Works.
4.1 Scope of Developer’s Works As at the date of this document, the nature and extent of the required Developer’s Works is set out in Annexure A to this document. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the City;
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document;
(c) the extent of any refinement of the design of the Developer’s Works permitted by this clause 3.3(e) of Schedule 3;
(d) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works; and
(e) the reasonable requirements of the City, including in regard to the Standards.
Final Design of the Developers Works. 4.1 Scope of Developer’s Works
(a) The plans and specifications showing the nature and extent of the required
(b) The Developer acknowledges and agrees that design refinement of the
(i) conditions affecting the Developer’s Works that were not reasonably
(ii) any Development Consent made and approved under the Act or any other development consent granted that relates to the Developer’s Works;
(iii) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works; and
(iv) the City’s Policies and Standards in place at the time the Development Application for that part of the Development that contains the Developer’s Works is submitted; and
(v) the reasonable requirements of the City.
(c) The Developer acknowledges that the Attributed Value is fixed and not subject to any amendment including but not limited to where there are any changes or refinements to the design of the Developer’s Works pursuant to this clause 3.1.
Final Design of the Developers Works.
5.1 Scope of Developer’s Works As at the date of this document, the nature and extent of the required Developer’s Works is set out in those parts of the Public Benefit described as “Onsite Affordable Housing” and “EV Infrastructure” in clause 1 of Schedule 3. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the City;
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document;
(c) the extent of any refinement of the design of the Developer’s Works permitted by this clause 5.1 of Schedule 3;
(d) to the extent the DBP Act applies to the Developer’s Works:
(i) any refinement of the Regulated Designs for the Developer’s Works required to ensure compliance with the DBP Act or DBP Regulation and to enable Design Compliance Declarations to be issued in respect of those Regulated Designs; and
(ii) any refinement of the Regulated Designs for the Developer’s Works required to enable those Regulated Designs to be Construction Issued Regulated Designs and to enable Design Compliance Declarations to be made in respect of those Construction Issued Regulated Designs;
(e) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works; and
(f) the reasonable requirements of the City, including in regard to the Standards.
Final Design of the Developers Works
