17 The Markwicks acquired the land from Mr Fitch. They sought to modify the development consent by rearranging the staging of the development, including the staged payment of the s 94 contributions. This modification application was the subject of a report to the Council on 27 June 2003. The Council approved the modification on that date. The Markwicks sought a further modification relating to stage 2 of the subdivision. That modification was the subject of a report to the Council on 26 September 2003, at which time the Council deferred its consideration. On 23 October 2003, a further report was submitted to the Council which proposed a condition requiring the payment of contributions in the amount of $15,150.00 per lot, with a 10% deposit to be paid prior to the issue of the subdivision certificate and the remainder to be paid proportionally as each lot was sold. Apparently, the Council did not adopt the alternative payment arrangements, and the s 94 contributions remained in the amount of $15,150.00 per lot. This prompted a further modification application by the Markwicks on 5 December 2003, which was the subject of a report to the Council on 19 December 2003. On 6 January 2004, the Council issued its approval of the modification application, including condition 3 requiring a contribution under s 94 of $15,150.00 per lot, with a 10% deposit to be paid prior to the issue of the subdivision certificate, and the remainder to be paid proportionally as each lot was sold.