Common use of Development Consent Clause in Contracts

Development Consent. (a) The parties acknowledge that notwithstanding the Contractor’s obligation to provide the Contribution GI Works under clause 4.2(a) the Contractor may also include in the Development Application for each Building a request for approval for the design, construction and commissioning of the BAU Works in addition to the Green Infrastructure. (b) The Contractor must advise Council whether the Development Consent allows for the use of: (i) both the BAU Works and the Green Infrastructure; (ii) only the BAU Works; or (iii) only the Green Infrastructure, in the Contractor’s Second Notice. (c) Without limiting the obligations of the Contractor under clause 4.2(a) or the rights of the Contractor under clause 4.3(d): (i) if the Development Consent allows for the use of both the BAU Works and the Green Infrastructure so that an Occupation Certificate can be obtained for the Building whether or not the Green Infrastructure is Delivered and Connected, the Contractor may design and construct the Building to provide for the BAU Works in addition to the Contribution GI Works subject to the requirements of the Development Consent, and this Deed; (ii) if the Development Consent does not allow for the use of both the BAU Works and the Green Infrastructure so that an Occupation Certificate can be obtained for the Building only if the BAU Works are constructed and Delivery and Connection of the Green Infrastructure is not permitted, then Council cannot access the Land (including the Site and Building) for the purposes of Delivering and Connecting the Green Infrastructure to the Building prior to the Completion Date; and (iii) if the Development Consent allows only for the use of the Green Infrastructure and not the BAU Works so that an Occupation Certificate can only be obtained for the Building if the Green Infrastructure is Delivered and Connected and the BAU Works are not permitted, then the Contractor may in accordance with its rights under clause 4.3(d) elect in the Contractor’s Second Notice whether or not to proceed with construction of the Building in accordance with that Development Consent.