Noosa District Body Corp Approval · MCU13/0224

Page 2

1 July 2009

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 any 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 opinion 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. The Committee also 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 our
Plan of Development was one of only five taken up in the regional planning scheme
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 | is available from Council).

The Committee is particularly concemed where there are any proposed changes to the
existing infrastructure such as a change in the position of the driveway crossover which
may impact on utilities already installed, and any proposed changes to the existing rock
retaining walls.

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.

R:\26506NoosaDunes Legal' Committee's GuidelinesforBuilding Works-010709-Amended1 704 13.doc Page 1 of 6

Page 3

It is not the intention of the Body Corporate to delay the lodgment 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.

In the event that committee members may be personally impacted by proposed
development, committee members may withdraw and the Body Corporate may seek
independent advice and assessment of plans at sole cost to the Body Corporate.

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. Quiet work, such as internal painting, may proceed outside these hours as
long as all other Guidelines are followed and access is arranged privately with the
builder or lot owner.

Gate Access & Security

2. To assist owners intending to commence construction on new homes the Body
Corporate will arrange for the entrance gates to remain open during normal
construction hours. Owners must advise the Committee Secretary of the planned
construction start date to make arrangements for the Estate entrance gates to
automatically open and close during the allowable building hours of 7 am to 5 pm.

3. The Body Corporate accepts no responsibility for Estate access beyond these
hours. 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.

Transport Size & Weight

5. Due to the narrowness and construction of the private roads within the Estate and
the tight turns on Estate roundabouts, limits are in place on the size and weight of
vehicles entering the estate.

R:\26506NoosaDunes \Legal\Committee ‘sGuidelinesforBuilding Works-010709-Amended] 70413.doc Page 2 of 6

Page 4

Trucks longer than 11 metres or more than 28 ton in weight are prohibited from
entering the estate. In exceptional circumstances, please contact the Secretary of

the Body Corporate in advance to discuss possible atrangements to assist
construction.

 

All articulated vehicles regardless of length are prohibited,

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.

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. (Large vehicles may
park outside the Estate gates and be unloaded using smaller vehicles.)

Construction Waste

10.

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.

Neighbouring Properties

11.

2;

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
(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.

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.

R:126506NoosaDunes \Legal\Committee'sGuidelinesforBuilding Works-010709-Amended| 70413, doe Page 3 of 6

Page 5

Parking

13. 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’,

14. 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.

1S. 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.

16. 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

17. 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:

Damage to gates and sandstone entrance walls

Broken roadways caused by vehicles that are too heavy

Broken curbing caused by vehicles that are too large

Driveway and roadway spillages of concrete

Damage to the irrigation system on grassed areas

Damage to the grassed areas

Removal of survey pegs

Dumping of construction waste on vacant allotments and common
property

Femhonogs

18. 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.

Body Corporate Authority

19. 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.

R\26506NoosaDunes \LegaliCommittee ‘sGuidelinesforBuilding Works-01 0709-AmendedI 70413.doc Page 4 of 6

Page 6

20.

2s

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.

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

22,

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
23. The Body Corporate Committee seeks the owner’s active cooperation in ensuring

24,

2:

26.

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.

Owners and their appointed Builders are required to sign and return one copy of
these Guidelines to the Body Corporate, prior to building start.

Builders are required to arrange access to the Estate per Item 2 prior to building
start.

(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)

R126506NoosaDunes\Legal\Committee 'sGuidelinesforBuilding Works-010709-Amendedl 70413.doc Page 5 of 6

Page 7

Please sign & return this page to addressee.

1 acknowledge that I am the owner of Lot No. and I have read, understood and will abide by
these Building Guidelines:

Print Name:

 

 

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:

 

R:\26506NoosaDunes' ‘Legal\Committee ‘sGuidelinesfor Building Works-010 709-Amended170413.doc Page 6 of 6

Page 8

      

    

       

1¥) cog:
‘9[Dag

Besl/uor |
23pg
YDJON 40 AYUNog
V@AIM JO HSV
O8%S Yow

69 LO7

uonduoseg Ayedosy Joay

 

     
    

 

GL] Ald YONOYd YOY
INSWGOTSAIG ONISNOK
| dNOXD A3SOdOud

polo

 

Sacra ncaa

SOPOB% 20 “xDy
626657 740 ‘ug

S9S¥ NILNVMAL
¥EE X0R “O'”g

   

NINA

PAY oUDIDUIOg 76

asUaQ ooo}009 ayy

Bb aying

   

Sr C50. 280 noe

)Va ONINNVId NOL ¥YSOON

  

(umoi9
©} pa}091paq)
ye

ee

 

(Day Yo hy

Wow)

Ci

quae, pooy

Ayedord Wouwog ee
Payonojun uloua, oy
S}0] U! UolD}252A jOiMoN |
S8dojaaua 3 ae
pok/Burpaing |

ee eh

GNIOIT

 

 

by sty
yleg oy _PEQUEI

 

(

daly
uowwo9)

leg

   

By (umo.g
O} pejoo1peq)

reg

 

=

                     

Zp

 

 

 

om
(ovr |i
| eT

 

 

II

 

  

Suonpuog 9) yoalgns Wwaudoyaieg payiilaay
‘SIFOW sn

 

 

our g
ShsO;S 2 spy
unoys $0
peponsu0. 4
Se dee eel

5 SS310N THaNGO

     

Asy 2g Oy Nowwog — weed

Ss

(Dai0 aus 4001)
wu bsgpze
DUO

Delo yDg [DI0],
" DBID B'S poop

   

2629
£49
alg
pas
#9
62g
oss
98g
£55
$9
99
S#9
£69
S#9
g9sg

                                           

* EAL

  

      

Page 9

 
 

une HLT 1st
nn I SH, SHE WS Sige “oH Sd ~: NORIO MnivE

a] ot anssi] | P1220-<08 | ry S569 tees (40) “ug
————— = Ald dno’o siBASNS SINK AB
EVOY wes SOPNB tu GaN ddNS NOLLVPOINI ABANNS ONY BATT Ge

GUDMALSHOD SY = Bag WONG
BS6h AQ = 0 HMOHS SY peas ELS
‘ery - wou ‘Seo - visaq Por ae e Te ar ae
~ peorshy Ive = pape

 

spooy

 

91 X09 Od

SANBAY HiModNG ¥E1
SkeMRENAMETNT WO HAY Miadorg vou0y

=

SUR? gu tl eainoosey @
uowebouoy Dg HONG

mt KAAOD

seeuua anonys —

"240 Ougnauag, we Peyonojun wows! o}
frum) S201 UE YOND}|26aA jounjoN

 

£9000 + soueieyss ayy j2uneg

HOVE Snaava :
A

O8YS HON Uo B9 Jo]
ae QNagaT

@) O11 Ald YoNoud

~ 19

INANgOTAAO TM. nove
ee la

  

+ SHOR ash

340r eat s,2060ua), 240 puo
(eveds 960106 Supnisut) swoge obi0 soot, gun Suyemp winuspKor +g
OF = e8or0K09 93 unWxo “f

€ ~ soso] Bupyng wnuroRE “g
“WyBi9y sossay a4) st Jevayaiy
‘umeys "59 [ahof Joo) winumows Jo —
soujoul g —
Sfeuats 2 — siubiey Suning wmuxon -z
UROUS $0 sedojaaue ef UL poyans}s¥o0 aq pays souipng “7
} SIBLMVEVE INIRCOTIAIG

+ SON TezNgO

 

ByowlXorddo 210 a(g0)

(vary ous x01) 2 Gree -

 

“dnoig ening: soumog £q_pasodord

HZCUUL old Maing woy, “Uayo} scaio. qwaunony

“AaNINS DUN} O} yoafans o10 PUD Auo

 

 

 

 

 

 

 

 

SVauV 3d073AN3
SNIGIING GNY 107

 

 

 

ahon0 uy Wt payDa;pU! Enos SOWA :s310N

Dery >UOd jpy0]
ou KLE ~ Dey OHS jD}O)

Page 10