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Committee'sGuidelinesforBuildingWorks010709-Amended170615
Attached to the e-mail Body Corporate consent MCU16/0120.
17 June 2015
TO ALL OWNERS
NOOSA DUNES GUIDELINES FOR BUILDING WORKS
(NOOSA DUNES CTS 26506)
The Body Corporate Committee has an obligation to help maintain the integrity of the Estate by
approving proposed construction prior to the commencement of Council approval and building work.
This is a method of protecting the property values and the interests of all of the owners within the
Estate. Owners can appreciate that the only way to ensure that buildings are built to a standard
appropriate to the Estate is to seek forewarning of any development plans and for the Body Corporate
Committee as the owners representatives to have the opportunity to review and comment upon the
suitability of the proposed development.
The Body Corporate Committee is of the view that owners are unlikely to erect buildings that are not
in keeping with those that have already been constructed. However, the Committee has an obligation
to all owners within the Estate to ensure that no construction detracts from the property values or from
the general appearance of the Estate.
Assessment of Plans
The Committee requires proof of compliance with current building codes, as well as RL requirements,
building set-backs and natural vegetation zones as set down in the original plans for the Estate.
These requirements are referenced in By-law 24(1) as 1016/1K, and were subsequently recorded by
Council as ACA-1, TPC 2850. In 2008, the estate Plan of Development was one of only five taken up
in the under the Noosa Plan (see Noosa Plan, Schedule 6 reference Marcus Dunes ACA-1,
TPC2850). At this time our Plan of Development was registered by Council as Plan 65, Sheet 1 of 1
which remains identical in all respects to 1016/1K and ACA-1, TPC 2850. Copy of Plan 65, Sheet 1 of
1 is available from Council).
Please note:
A. The Committee is particularly concerned where there are proposed changes to the existing
infrastructure such as a change in the position of the driveway crossover or any item which may
impact on utilities already installed, or any proposed changes to the existing rock retaining walls.
B. The Body Corporate may also seek independent assessment of plans at sole cost to the Body
Corporate. However, Committee reserves the right to pass on the cost of external assessment
caused by a second or more failure of the design to meet the covenants outlined for that specific
Lot on Plan 65 after initial assessment.
C. Please note that plans can only be assessed at the specific request of the Lot owner on record. In
the event that a future owner wishes to have plans approved prior to the close of the sale of the
Lot, the current owner of the Lot must request such review and pay all costs associated with the
review in the event that the sale does not proceed.
D. It is not the intention of the Body Corporate to delay the lodgement of building plans with Council
and/or commencement of construction. The Committee will discuss any issues of concern with the
land owners directly and will work to resolve any issues that it thinks may compromise common
property or community interests. Matters will be resolved as amicably and promptly as possible.
E. If any external aspect of the plans are changed in any way post Body Corporate approval, they
updated plans must be resubmitted to the Body Corporate for review prior to commencement of
construction.
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F. Please submit final plans as early as possible to the Body Corporate Committee via the
Body Corporate Manager when you propose to commence development of your vacant
allotment. Please contact the Body Corporate Manager to ascertain current requirements
for these submissions.
Conditions Applying to Buildings under Construction
The Committee exercises control over building works to ensure that the security of the Estate is
maintained and access by residents is not unnecessarily affected during construction work. For these
reason the Body Corporate Committee provides the following Guidelines to owners, which will be
applied to builders undertaking construction works, delivery vehicles, maintenance personnel, and
service people.
Construction Hours
1. To comply with the residents’ right to ‘quiet enjoyment’, construction work inside the Estate is
strictly limited to between the hours of 7 am and 5 pm, Monday to Friday. Internal only, ‘quiet
work’, such as internal painting, may proceed outside of these hours as long as all other
Guidelines are followed.
Gate Access & Security
2. Owners must advise the Committee Chair of the planned construction start date and make
arrangements for access for everyone involved in construction. Access is to be by Lot security
code or remote controls during the constructions hours of 7 am to 5 pm on weekdays only.
3. The Body Corporate accepts no responsibility for Estate access. This must be arranged with the
owner of the allotment under construction directly.
4. Under no circumstances are the gates to be tampered with, removed, or disabled in ANY way.
Financial penalties will apply.
5. At the end of construction, all remotes should be accounted for by the owner and the gate code
will be changed. Owners will be issued with a new access code.
Restrictions on Transport Size & Weight
6. Due to the narrowness and construction of the private roads within the Estate and the tight turns
on Estate roundabouts, strict limits are in place on the size and weight of vehicles entering the
estate.
7. Trucks longer than 11 metres or more than 28 ton in weight are STRICTLY PROHIBITED from
entering the estate. Financial penalties will apply.
8. All ARTICULATED VEHICLES regardless of length are PROHIBITED. Long experience tells us
that while these vehicles may be able to enter the estate– they cannot get out! Exiting has
required the unhitching of the trailer and several hours of reversing. Do NOT disregard this rule
and make sure all material delivery companies are also advised of these limits.
9. Large vehicles may park outside the Estate gates and be unloaded using smaller vehicles.
10. In addition, the access road at the southern end leading to lots 31, 32, 33 and 34, and the
pedestrian beach access roads at the northern and southern end of the Estate are of light
construction. As such they are vulnerable to damage, so builders must exercise appropriate care
when constructing on allotments in or near these areas. No Parking is permitted in these
areas at any time.
11. These limits are the direct result of considerable damage to roads, walls, gates, curbing, lawns,
irrigation and trees throughout the Estate during previous home constructions. Owners are
responsible for compliance with these bans during and after construction, and builders should
note vehicle sizes for deliveries and construction tasks before commencement of construction.
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Construction Waste/Portable Toilets
12. Arrangements must be made for waste skips to be located on the building allotment, and not on
neighbouring or common property. The only exception is if prior permission has been granted by
the owner of an allotment (see Neighbouring Properties below). Note however, that uncontained
waste may not be located on neighbouring properties with or without the owner’s permission.
13. Waste in skips must be secured to prevent it blowing around the Estate.
14. Portable toilets are to be sited on the lot in the least conspicuous area possible and contained
wholly within the lot.
Neighbouring Properties
15. It is recognised that during construction, it may be necessary to temporarily restrict access to
neighbouring properties for short periods of up to 10 minutes. Reasonable prior notice of any
restricted access is required, and for any period exceeding 10 minutes, prior notice must be
provided to the resident involved. Note: telephone messages, or a note left in a mail box on the
day of the restriction does not constitute reasonable notice. Theses blockages are to be by
exception rather than the ‘accepted’ norm during construction.
16. Tools, materials and equipment must be wholly contained on the construction site, unless storage
has been arranged with, and expressly permitted by, the owner of a vacant allotment. Access to
such allotments is strictly limited to the area designated on the plan as the driveway of the vacant
allotment. Expensive infrastructure has been installed to all allotments and the only safe access
to avoid damage is via the area designated as the driveway.
Parking
17. Parking is only permitted in designated parking turnouts located throughout the Estate. Parking is
expressly not permitted on common or private land other than the construction site itself. This
restriction includes the roadway, roundabouts or grassed verges whether in front of vacant
allotments or established residences. No exceptions -- even for ‘short periods’.
18. Parking on neighbouring lots is permitted only with the express permission of the owner of the lot,
and access to the lot, whether developed or not, is made via the area designated as the driveway
only.
19. Vehicles not required for the actual purpose of construction of the building are to be parked
outside the gates to the Estate. This means that cars used to transport workers and their tools
are not to be parked inside the gates.
20. Owners may arrange parking for ordinary vehicles and utilities on the north lawn outside the
estate with the Body Corporate. If this courtesy is utilized, the lot owner will be required to pay for
the restoration of the lawn in the area at the completion of the project.
Damage to Common Property
21. The owner of the allotment will be responsible to the Body Corporate for all costs incurred in
replacing or reinstating parts of the common property damaged by building activity. Examples of
problems that have been encountered are:
a. Damage to gates and sandstone entrance walls
b. Broken roadways caused by vehicles that are too heavy
c. Broken curbing caused by vehicles that are too large
d. Driveway and roadway spillages of concrete
e. Damage to the irrigation system on grassed areas
f. Damage to the grassed areas
g. Removal of survey pegs
h. Dumping of construction waste on vacant allotments and common property
22. Reimbursement for damage to, or deliberate tampering with common property, will be vigorously
pursued by the Body Corporate, with recourse to legal proceedings including legal cost recovery
if necessary.
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Body Corporate Authority
23. The owner of the allotment is responsible to the Body Corporate to ensure that the builder
adheres to these guidelines and takes care to ensure all other sub contractors and workers are
also aware.
24. The Body Corporate, or their authorised agent, will approach builders where necessary to bring
their attention to any practices in breach of Body Corporate guidelines. The owner is further
required to ensure that if approached by Body Corporate, or their authorised agent, that builders
react professionally, positively and favourable to the direction provided.
25. In the event there are issues that cannot be resolved through direct approach to the builder, the
owner will be requested to attend a meeting with the Body Corporate Committee to reach
agreement regarding day to day compliance. Owners will be encouraged to invite their builders to
this meeting.
Insurance
26. Prior to building start, the Builder is required to lodge a copy of his current public liability and
contract works insurance, and provide a certificate of currency nominating the building site
address.
Conclusion
27. The Body Corporate Committee seeks the owner’s active cooperation in ensuring that builders
meet their commitment to these guidelines and diligently manage all those subcontracted to the
site. Although the Body Corporate Committee has no direct control over the builders, it will make
every effort to seek the cooperation of construction teams. Ultimately, however it will be the
allotment owner’s legal and moral responsibility to ensure compliance with these guidelines and
Body Corporate requests, and to minimise the disruption to other residents during construction
as much as possible.
28. Owners and their appointed Builders are required to sign and return one copy of these Guidelines
to the Body Corporate, prior to building start.
29. (Item added following 2013 AGM) As provisioned under By Law 24.3 (e) the Body Corporate
request you also provide certification by a Licenced Building Surveyor that:
a. All construction falls 100% within the building envelop and no encroachment is made into the
zones noted as ‘natural vegetation zones to remain untouched’.
b. No area of the roof exceeds 8 Metres above natural ground level, or lower if your Lot is
covered by an RL)
We look forward to your cooperation in regard to these matters.
Yours faithfully,
Committee for Noosa Dunes
(Noosa Dunes CTS 26506)
Please sign & return the following page to addressee.
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NOOSA DUNES GUIDELINES FOR BUILDING WORKS
(NOOSA DUNES CTS 26506)
OWNER ACKNOWLEDGEMENT
I acknowledge that I am the owner of Lot No. _____ and I have read, understood and will abide
by these Building Guidelines:
Signature: :::::::::::::::.. Print Name: :::::::::::::
Lot No: :::.:::::::::::.........
BUILDER ACKNOWLEDGEMENT
I acknowledge that I am the appointed Builder for construction of Lot No. _____ and I have
read, understood and will abide by these Building Guidelines:
Signature: ::::::::::::::: Print Name: ::::::::::::::
Company Name: ::::::::::: Title: ::::::::::. BSA Licence No. :::.
Contact details:
Telephone: ::::::::::::::
Mobile ::::::::::..:::::..
Email: :::::::::::::::::::::::::::::::::::::::::
Mailing address: ::::::::::::::::::::::::::::::::::::...
::::::::::::::::::::::::::::::::::::::::::::.
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