Draft Deed of Amendment & Assignment - 8 Maitland Place, Norwest (9/2018/VPA)

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Consultation has concluded.

Draft deed of amendment and assignment image

At its meeting of 28 November 2023, Council resolved to publicly exhibit a draft Deed of Amendment and Assignment to make minor amendments to the existing Voluntary Planning Agreement (VPA) for 8 Maitland Place, Norwest (9/2018/VPA), as described below.

The draft amendments do not change the scope of work or extent of obligations or contributions to be completed by the developer.


Maitland Place Extension

Under the VPA, the Developer is required to construct and dedicate to Council a new local road through the site (connecting Maitland Place to Spurway Drive).

The draft amendments propose to link the timing of completion of this obligation to the completion of the residential component of the development, rather than the commercial component of the development (which is under construction and expected to be completed first), or alternatively within 3 months of the completion of the upgrade of Spurway Drive (whichever occurs first).


Future Variations

An amendment is proposed which would permit minor variations to the works required under the VPA, if agreed in writing by both the parties. This is fairly standard in more recent VPAs entered into by Council and would avoid the need for a formal VPA amendment and public exhibition if any further minor adjustments to timing are required over the course of the development.


Transfer to New Owner

The proposed changes would also assign all rights and obligations of the VPA to the new owner, Haitchin Maitland Pty Ltd. This is largely an administrative matter as under Clause 10.2 of the existing VPA, the reassignment of rights and obligations must have consent of Council.

At its meeting of 28 November 2023, Council resolved to publicly exhibit a draft Deed of Amendment and Assignment to make minor amendments to the existing Voluntary Planning Agreement (VPA) for 8 Maitland Place, Norwest (9/2018/VPA), as described below.

The draft amendments do not change the scope of work or extent of obligations or contributions to be completed by the developer.


Maitland Place Extension

Under the VPA, the Developer is required to construct and dedicate to Council a new local road through the site (connecting Maitland Place to Spurway Drive).

The draft amendments propose to link the timing of completion of this obligation to the completion of the residential component of the development, rather than the commercial component of the development (which is under construction and expected to be completed first), or alternatively within 3 months of the completion of the upgrade of Spurway Drive (whichever occurs first).


Future Variations

An amendment is proposed which would permit minor variations to the works required under the VPA, if agreed in writing by both the parties. This is fairly standard in more recent VPAs entered into by Council and would avoid the need for a formal VPA amendment and public exhibition if any further minor adjustments to timing are required over the course of the development.


Transfer to New Owner

The proposed changes would also assign all rights and obligations of the VPA to the new owner, Haitchin Maitland Pty Ltd. This is largely an administrative matter as under Clause 10.2 of the existing VPA, the reassignment of rights and obligations must have consent of Council.