Mod 1 - Design Changes

Dear Ben

EXHIBITION OF MODIFICATION REQUEST FOR HONEYSUCKLE CENTRAL, LOT 25 HONEYSUCKLE DRIVE, NEWCASTLE (MP08_0043 MOD 1)

I wish to make a submission on behalf of Hunter Development Corporation (HDC) in regards to the above project. As you are aware, this project is on land owned by HDC who has a contract with the Purchaser for the Development of this project.

As part of that contract, the Purchaser (in this case Buildev) must obtain approval from HDC to make any modifications to the Project Approval MP08_0043.

HDC supports and has provided approval to the following aspects of this modification:

 Proposed changes as per Insite report dated March 2011 addressing condition B6 Further Building and Landscaping Re-Design
 Amended building plans by Suters dated March 2011
 Amended landscape plans and report by Terras dated March 2011
 Additional modification request to condition B10 ESD 4.5 Star NABERS Energy to specify Base Building

However, Buildev failed to submit to HDC for review the additional modification request for condition B10 ESD 5 Star Green Star rating or obtain HDC approval. HDC has written to Buildev advising them of this omission which has resulted in a breach of contract. Until HDC and Buildev have agreed to any modification to condition B10 ESD 5 Star Green Star, HDC wishes to lodge an objection to this additional modification request.

HDC and Buildev are continuing discussions to address the 5 Star Green Star requirement, and HDC hopes to resolve this matter soon and will advise DP&I as soon as this occurs. Until then, HDC requests that DP&I not delay assessing the remainder of modifications requests submitted.

Yours sincerely

Jacob Whiting