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Each lot in the Vendor’s subdivision
forms part of a development which is intended to be established as
a modern and well designed subdivision and it is desirable that supervision
and control by the Vendors
for the protection of an in the interests of all Purchasers in relation
to the nature and type of construction to be permitted in the subdivision and in recognition of these
objects the following covenants apply:
The owner of the Land will:
a) Not erect or place on the Land:
1. Any caravan, hut or shed to be used as a dwelling house or temporary
dwelling house.
2. Any building other than one dwelling house.
3. Any pre-built transportable, relocatable house or existing house
which has previously been lived in. An attachment or ‘granny’ flat may be constructed as part
of the dwelling house with the Developer’s written approval.
4. A dwelling house of a floor area less than 140 square metres (exclusive
of garage, carports, decking, roof overhang and other accessory buildings). Construction of
such a dwelling house will not commence until the plans and specifications have been signed off by
the Developer.
b) Obtain written consent for the exterior cladding of the dwelling
house from the Developer. If the Developer no longer owns any lots
being past of the Property then the exterior cladding (which excludes
any glass blocks, windows or doors) or any dwelling house must consist
of the following materials:
1. Kiln fired or concrete brick;
2. Glass;
3. Plastered or textured finish;
4. Stone;
5. Timber;
6. Metal laminate on solid timber; or
7. Ceramic or bitumen laminate.
c) Not allow any form of unpainted roof on the Land or with a colour
scheme other than a colour scheme that will blend in with the environment. To ensure
compliance with this condition the Developer must first approve in writing, acting reasonably, the proposed
colour of any roof.
d) Not allow the exterior of any dwelling house to be of a colour
scheme other than a colour scheme that will blend in with the environment. To ensure compliance
with this condition the Developer must first approve in writing, acting reasonably, the proposed
colour of any exterior of any dwelling house.
e) Not cross-lease or further subdivide the Land.
f) Not permit or cause the Property to be occupied or used as a residence
unless:
1. A dwelling house has been substantially completed in accordance
with the terms of this Schedule with the exterior 100% complete; and
2. The building meeting the requirements of the appropriate local
authority.
g) Not erect a fence constructed of:
1. Corrugated iron; or
2. Metal plating or sheeting that has not been pre-painted.
h) Not allow any earthworks to be undertaken on the Land until construction
of a dwelling house is commenced (to prevent untidiness and adverse effects
on neighbouring properties).
i) Not permit or cause any rubbish to accumulate or be placed upon
the Land and not to permit any excessive growth or grass so that the same becomes long
or unsightly.
j) Not permit or cause any advertisement sign or hoarding of a commercial
nature to be erected on any part of the Land without the prior written consent
of the Developer.
k) Not allow any animals on the Land other than domestic pets, which
definition will without restricting the generality of such term exclude, goats, sheep,
horses, pigs, poultry and beehives. The owner will not raise any objection to the
Developer or its agents grazing adjacent land to keep it tidy.
l) Have no more than two dogs of a greater age than three months on
the Land.
m) Not use the Land for or sell or otherwise dispose of it to any
company or organisation engaged in the business of renting houses. This clause will not prevent
any private individual from renting their home on the Land.
n) Not remove any topsoil or trees without the Developer’s written
consent.
o) Not damage or remove the post and rail fencing on the Land. The
fencing is to be carefully and tidily removed and delivered to the Developer’s
yard when the owner of the Land is ready to commence construction of a dwelling house.
p) Re-instate, replace to be responsible for all costs arising from
damage to the landscape, roading, footpaths, kerbs, concrete or other structures
arising from the owner’s use of the Land directly or indirectly through the owner or his or her agents
or invitees.
q) Keep and maintain the land and the Council owned road frontage
of the Land in a neat and tidy condition.
r) Complete the construction of the dwelling house within six months
from the date on which the work commences and not to cease construction of the dwelling
house once commenced.
s) Within six months from completion of the dwelling house complete
in a tradesman like manner:
1. A driveway with a solid running course; and
2. The grounds and lawns.
t) Remove all surplus materials from the Land within 12 months of
commencement of construction of the dwelling house being completed.
u) Once construction of the dwelling house has been substantially
completed, not bring onto or allow to remain on the Land or the street, any temporary building,
caravan, trailer, trade vehicle or other equipment or materials or machinery so as to preserve the
amenities of the neighbourhood. Caravans, trailers or trade vehicles that are suitably garaged or
screened may be parked on the Land.
v) Not build or allow to be built on the Land any part of a building
closer than 6 metres from the front or street boundary except that the Developer may approve
in writing a lesser distance in respect of corner lots.
w) Accept that the Developer reserves the right to approve a limited
number of town houses provided that the standard of such town houses is not less
than that set out in this Schedule.
The following apply to the above covenants:
a) Acknowledging that the value of the area of the Land will be affected
by the standard of buildings erected on the property and by failure to comply with
the covenants contained in the proceeding clauses and sub-clauses the Grantor covenants for the Grantor
personally and the Grantor’s executors, administrators and assigns that should the Grantor fail
to comply with, observe, perform, or complete any of the special conditions and/or covenants and restriction
contained in this Schedule then without prejudice to any other liability the Grantor may have to any
registered proprietor of the Property including the Developer, the Grantor will:
1. Pay to the Developer as liquidated damages the sum equal to 25
per centum (25%) of the value of the Land calculated using the then current market
value (such value to be determined by a registered valuer arranged by the Developer and paid for
by the Grantor) at the time of default (‘the sum”) immediately upon receipt of a written
demand for payment from the Developer or the Developer’s solicitors; and
2. Will permanently remove or cause to be permanently removed from
the Land any improvement or structure so erected or repaired or other cause of
any breach or non- observance of the foregoing covenants.
PROVIDED and it is further agreed and acknowledged that:
a) The Grantor will only have any liability hereunder while the Grantor
is a registered proprietor of the Land.
b) In any instance of default under this Schedule the remedying of
such default within one month of notice in writing requiring the removal of such cause
of default and the payment by the defaulting party of all reasonable legal costs and other expenses
incurred by the party enforcing the said covenants will avoid the payment of the Sum prescribed provided
that this waiver will not apply in respect of any subsequent default of a similar nature.
c) The rights and obligations of the Developer to enforce the terms
of the rights and benefits conferred by the foregoing covenants and by the clause will
terminate twelve calendar months from the date on which it ceases to be a registered proprietor
of any lot forming part of the property and from that date the right to enforce the rights and benefits
so conferred will in accordance with normal legal principles vest in the registered proprietors of
any lots (in the Property) which obtain benefits from the covenants.
If a dispute in relation to any covenant arises between the parties
who have a registered interest under these covenants:
a) The party/parties initiating the dispute must provide full written
particulars of the dispute to the other party/parties;
b) The parties must promptly meet and in good faith try to resolve
the dispute using informal dispute resolution techniques, which may include negotiation,
mediation, independent expert appraisal, or any other dispute resolution technique that may be agreed
by the parties; and
c) If the dispute is not resolved within 14 working days of the written
particulars being given (or any longer period agreed by the parties):
1. The dispute must be referred to arbitration in accordance with
the Arbitration Act 1996; and
2. The arbitration must be conducted by a single arbitrator to be
agreed on by the parties or, failing agreement, to be appointed by the President of
the District Law Society (being the District Law Society that has its headquarters closest to the Land).
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