Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 6, the Developer must not Deal with this document or the Land without: (i) The prior written consent of the Council, which may be withheld in the Council’s sole discretion; and (ii) the Council, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the Council, acting reasonably. (b) On and from registration of this document in accordance with clause 6: (i) the Developer may Deal with this document without the consent of the Council only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the Council consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the Council, acting reasonably; and (B) the Council, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the Council, acting reasonably. (c) The Developer must pay the Council’s costs and expenses relating to any consent or documentation required due to the operation of this clause 9.2.
Appears in 1 contract
Sources: Planning Agreement
Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 68, the Developer must not Deal with this document or the Land without:
(i) The the prior written consent of the Council, consent which may must not be withheld in the Council’s sole discretionunreasonably withheld; and
(ii) the Council, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the Council, acting reasonably.
(b) On and from registration of this document in accordance with clause 68:
(i) the Developer may Deal with this document without the consent of the Council only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land;
(ii) the Developer may register a plan of strata subdivision, and the Council consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and
(iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) the prior written consent of the Council, acting reasonablyconsent which must not be unreasonably withheld; and
(B) the Council, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the Council, acting reasonably.
(c) The Developer must pay the Council’s costs and expenses relating to any consent or documentation required due to the operation of this clause 9.2.
Appears in 1 contract
Sources: Planning Agreement
Dealing by the Developer. (a) Prior to registration Not used. Not used. On and from the date of this document in accordance with clause 6, the Developer must not Deal with this document or the Land without:
(i) The prior written consent of the Council, which may be withheld in the Council’s sole discretion; and
(ii) the Council, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the Council, acting reasonably.
(b) On and from registration of this document in accordance with clause 6:
(i) 7: the Developer may Deal with this document without the consent of the Council only as a result of the sale of the whole of the Land (without subdivision) or any part of the Land that can be dealt without subdivision) to a purchaser of the Land;
(iiLand or any part of the Land that can be dealt without subdivision) and the Developer must consult with Council in relation to any such Dealing; the Developer may register a plan of strata subdivisionsubdivision in connection with the Development, and the Council consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and
(iii) the Developer may register a plan of subdivision in connection with the Development subject to satisfying any condition concerning subdivision contained in a Development Consent; and the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) without the prior written consent of Council; and the Council, acting reasonablyDeveloper must consult with Council in relation to any such Dealing; and
(B) the and Council, the Developer and the third party the subject of the Dealing entering must enter into a deed of consent to the Dealing on terms acceptable to the Council, Council (acting reasonably.
(c) and otherwise consistent with normal commercial practice The Developer must pay the Council’s reasonable costs and expenses relating to any consent or documentation required due to the operation of this clause 9.211.2.
Appears in 1 contract
Sources: Planning Agreement