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Development Application part 2 of 2 Report and plans MCU12/0201

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Full text of sections 2 to 24 (of 29)

Section 2

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                                             DEED OF COVENANT

                                                     SETTLER’S COVE HOMESITES



    DEED                                   made on                                          day of                         20


    BETWEEN                                CBD SETTLER’S COVE PTY LTD ACN 114192 773
                                           of I Serenity Close, Noosa Heads in the State of Queensland             ("Seller")

    AND
                                           of                                                                              ("Buyer")

    BEING THE BUYER OF                     Lot          on   SP188268, County of March, Parish ofWeyba,Noosa Heads ("Land").



    RECITALS


    A.     The Buyer acknowledges and agrees that, for the protection of the interests of both the Seller and the Buyer, it is
           desirable that supervision and control be exercised by the Seller in relation to the nature and type of construction
           on the Land to ensure that all        dwelling houses are of a sufficiently high standard of design and construction.

    B.     Accordingly, in addition to the terms and conditions of the Contract for Sale, the Buyer and Seller agree to enter
           into and be bound by the provisions of this Deed




    IT IS AGREED




    1.     DEFINITIONS


           Unless the context otherwise requires, the following terms shall have the following meanings:


           Approval                                means the Seller’s written   approval of all proposed plans for Building Works in
                                                   accordance with this Deed.


           Approved Building Works                 means Building Works completed in accordance with the Approval and the

                                                   requirements of this Deed to the satisfaction of the Seller.

           Building Approval                       means     statutory approval      to   carry   out   Building   Works   (as a result of
                                                   certification by an independent certifier engaged by or on behalf of the Buyer).


           Building Works                          means     any works carried out on the Land as a result of an Approval in the
                                                   nature of the construction, alteration, renovation or repair of a Dwelling or other

                                                   building, fence, retaining wall, external sign or hoarding, external floodlights or
                                                   spotlights or external fittings.

           Buyer                                   means the   buyer as party to this Deed.

           Claim                                   means any cost, claim, demand, obligation, remedy, damage, loss, action,

                                                   proceeding, claim for compensation, requisition or objection, whichever is


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Section 3

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                                        applicable.

      Contract for Sale                 means a contract upon which a transfer of a Lot has been effected between the

                                        Seller and a Buyer, including all conditions therein that are binding on the
                                        Buyer.

      Covenant                          means any     objective, condition or requirement pursuant to this Deed.

      Development Approval              means  the Development Approval for Material Change of Use and Lot Re-
                                        configuration issued by Noosa Council and appended to the Contract for Sale.

      Dwelling                          means the residential      dwelling to be constructed on the Land.

      Environmental Covenant            means any area on title over which an Environmental Covenant Area          applies.

      Extension                         means    addition, renovation, or alteration to the existing dwelling.

      Homesites                         means    the single residential land at Settler’s Cove described as Lots 1 to 33
                                        inclusive on SP 188268.


      Improvements                      means any       of the following but is not limited to; new home, transmitting and
                                        receiving devices, security systems, air conditioning units, fence, retaining wall,
                                        letterboxes, landscaping within public view, garden sheds, clothes lines,
                                        external floodlights or spotlights, external fittings, pergolas and hot water
                                         systems.


      Landscaping Works                  means   all landscaping works affecting landscaping between the dwelling and
                                         the street curb and any other areas of the Land that are within public view.


      Local Government                   means the Noosa        Council, or the recognized governing local authority.

      Lot                                means any of Lots        1 to 33 inclusive on SP 188268 transferred to the Buyer by
                                         the Seller pursuant to the Contract for Sale.


      Outbuilding                        means, for example, garage, veranda, pergola, carport.


       Selective Clearing Area           means    the    area   of the   Land, except for any     areas   forming part of an
                                         Environmental Covenant Area.


       Seller                            In this Deed the Seller means CBD Settler’s Cove Pty Ltd.


                                         means, for example, caravan, tent or any dwelling temporarily erected to
                                                                                                                         assist
       Temporary Dwelling
                                         in any Building Works.




2.     DESIGN OBJECTIVES


       2.1      Design standards

                Settlers Cove is a unique residential precinct, covering some 36 hectares and incorporating 13 hectares of
                remnant vegetation to be protected as a conservation park, landscaped public parkland and access to the

                waterways of Noosa Sound.

                In order to reinforce and enhance the environmental qualities of the precinct, development within the
                Homesites will be encouraged through this Deed to adopt a high standard of architectural form and detail,
                usingmaterials and colours that integrate with external landscape treatments in keeping with a natural
                bushland theme.




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       2.2     Design objectives

               In order to meet a minimum     design standard of design commensurate with the value of the precinct,
               design objectives should seek to create dwellings that are aesthetically pleasing, responsive to their sites
               and functionally appropriate to the lifestyle enjoyed in Noosa and the Sunshine Coast.


               Buildings on the Homesites should therefore be designed to:

                       (i)      Integrate sympathetically with the surrounding environment, yet take full advantage of the
                                natural attributes of the lot, paying respect to aspect, slope, architectural form,materials and
                                colour;

                       (ii)     Preserve reasonable opportunities to neighbouring lots for access to views and sunlight;


                       (iii)    Preserve and enhance the natural features of the Homesites;


                       (iv)     Maintain a compatibility of scale relative to the size of the particular lot;


                       (v)      Provide for generous useable outdoor living spaces that relate directly to indoor living
                                areas; and


                       (vi)     Maintain     an   appropriate level of privacy between lots with consideration of setbacks,
                                window placement, plantings and screening.




3.     DESIGN CRITERIA


       3.1     Architectural Design Principles


               Design principles to be adopted in accordance with this Deed relate to:

               (a)     Style

                       Architectural style is not limited to any particular style, but should be appropriate to the local
                       vernacular and respond well to the characteristics of the site and its surrounds, the sub-tropical
                       climate and lifestyle qualities on offer.


                       Approval will not be given for the relocation of existing houses or other improvements onto the
                       Homesites.


               (b)     Building Mass and Form

                       Visual bulk and scale should be considered to minimize the impact of built form on the landscape.
                       Light-weight construction is encouraged where the natural topography can be used to good effect
                       in reducing relative bulk and creating interesting architectural forms.


                       Blank walls shall be kept to a minimum, but will be considered on their architectural merit, taking
                       into account form,texture and visual interest.


                       "Kit Homes" shall not be permitted, nor cost effective "Pole Homes" with typically uniform floor
                       levels that disregard natural ground levels. Some forms of pole construction can however be
                       sympathetic to their settings and provide for dramatic architecture and will be considered on their
                       architectural merit.


               (c)     Building colours

                       Colours selected should blend the          dwelling in with the surrounding environment, however
                       contrasting colours may be considered subject to the context of the proposal and architectural
                       merit.


                       Proposed colours must be assessed by the Seller as part of the Approval process.



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Section 5

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              (d)     External cladding materials


                      Approval will generally be given for tasteful construction in timber, weatherboard, masonry, steel
                      or composite sheet material or other materials in keeping with the environment and the amenity
                                                                                                                      of
                      the area.


                      Acceptable materials for external cladding treatments, to be considered in terms of extent,
                      suitability for purpose and compatibility with each other include:

                      (i)       Natural materials, ego stone, timber and timber products;


                      (ii)      Render with integral colour or paint finish;


                      (iii)     Bagged brickwork with paint finish;

                      (iv)      Painted fire-cement flat sheeting in conjunction with timber trims;


                      (v)       Painted fibre-cement weatherboard claddings;


                      (vi)      Face brickwork of limited extent and regular size and colour with mortar of similar colour
                                to the brickwork.



                      (vii)     Other innovative cladding treatments (eg. Colorbond corrugated metal sheeting, steel sheet
                                sidings etc.).

                      At least two visibly different materials in an 80 / 20 composition should be used to construct the
                      external walls. Materials proposed are also a part of the Seller’s review. Unpainted galvanised
                      metal will not be accepted to walls, roofs or other large expanses, but may be considered
                      appropriate on some structural elements.

                      Due to the natural topography of the area the incorporation oflight-weight feature paneling is seen
                      as a    uniting theme for the housing.

                      The use of reflective tinting to glass is not permitted.


                       Second hand materials are not permitted in the construction of dwellings on the Land, unless such
                       materials are of suitable standard and merit to the appearance of the dwelling.


               (e)    Roof forms & roof cladding


                       Roof forms, pitches and roofing materials may vary and should be sympathetic to the surrounding
                       environment. Shade cloth and profiled acrylic sheeting as a cost effective substitute for other
                       materials will not be accepted, however some such products may be considered subject to their
                       architectural application.


                       Reflective metal surfaces will only be approved subject to sensible design to avoid excessive glare.


       3.2     Site Planning


               Site planning considerations should include:


               (a)     Site cover


                       Site coverage shall be in accordance with the Noosa Plan, and consideration should be given to
                       overall visual bulk and scale.


               (b)     Floor area


                       No dwelling shall be less than 200sqm of covered floor area, excluding            verandahs, garages,
                       carports, decks and other such enclosed and unenclosed spaces.




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Section 6

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               (c)     Setbacks


                       Setbacks shall conform to the Noosa Plan. Relaxations to minimum prescribed setbacks may be
                       accepted by the Seller, but will be subject to Local Government approval.

                       Typically, the following setbacks apply:

                       (i)     Front setbacks   -
                                                    6m from the primary street frontage to the building fa ade, and 4.5m from
                               the secondary street frontage to the building fa ade for comer allotments;


                       (ii)    Side setbacks    -
                                                    minimum of 1.5m from the building fa ade or the extent of the roof
                               projection;

                       (iii)   Minimum 1m from all Environmental Covenant areas to the rear of Lots 24 to 33 inclusive;
                               and


                       (iv)    Minimum 2m from all Environmental Covenant areas to the front of Lots 1 to 12 inclusive.


               (d)     Height and levels

                       Building heights shall be measured above both existing and finished ground levels. Typically, an
                       8m height limit applies in accordance with Local Government requirements. Any height limits
                       relaxed by the Seller will be subject to Local Government approval.


                       No visible cutting or filling of the land to a depth greater than 1.5 metres is permitted and shall be
                       subject to suitable landscaping treatments. It is preferable that buildings respond to the existing
                       topography, with any necessary retaining works contained within the building perimeter.

                       Where lightweight and/or suspended structures prevail, spaces under buildings shall not exceed
                       1.5m in height without suitable screening.


                       Changes to any existing levels must not exceed 300mm within 1.5m of any boundary, unless
                       suitable and appropriate means of retaining can be demonstrated.


               (e)     Existing vegetation

                       The Buyer shall not destroy or remove any trees within the Selective Clearing Area other than
                       those which must reasonably be removed in the course of building works, or provide a clear and
                       present threat to persons or property.


               (t)     Topography and site drainage

                       Site planning should be appropriate to the natural topography to promote sympathetic built forms
                       and promote free   drainage of the site. All collected stormwater should discharge into the
                       designated stormwater collection pits on the lower contours of each Lot.

                       Existing stormwater collection pits may be relocated if necessary, but should typically remain in
                       the lowest area of each Lot.


               (g)     Orientation for prevailing breezes and solar access


                       Plans will be assessed for the use of passive design principles in achieving crosstlow ventilation to
                       take advantage of prevailing breezes and          solar   access   to minimise   the reliance upon air-
                       conditioning.

                       Large roof overhangs in appropriate locations and devices such as verandahs, pergolas, sunshades,
                       fixed awnings, shutters and the like shall be encouraged to assist in the manipulation of potential
                       solar penetration. Consideration will also be given to the likely adverse impact of any proposal on
                       adjoining properties in this regard when reasonably considered against setbacks and height.

               (h)     Vehicles and Garaging


                       Building designs shall provide for the following:

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                       (i)     Off-street parking for at least two vehicles must be provided within a double garage, such
                               vehicles to be screened from public view;


                       (ii)    Off-street parking for at least one vehicle must be provided within the property in the
                               designated driveway area for the purpose of visitor parking or temporary vehicle storage;

                       (iii)   Small commercial vehicles, vehicular trailers, boats or boat trailers must be stored in
                               purpose-built garages and screened from public view;

                       (iv)    Vehicles exceeding 4 tonnes gross tonnage      are   not to be   parked or garaged on the
                               Homesites or on roads servicing these lots.


               (i)     Swimming pools

                       Where swimming pools are proposed, designs that incorporate "over-flow edges" will be
                       encouraged on sloping Lots to enhance landscape quality and in some cases alleviate the statutory
                       requirement for pool fencing.

                       Swimming pools shall be of concrete construction only and preferably formed to relate to the
                       building(s) with respect to architectural form and site layout.

                       Ancillary structures

                       The design of any shed, garage or other outbuilding must be in keeping with the design and colour
                       scheme of the dwelling and shall not be unsightly or detract from the general amenity of the
                       Homesites.


               (k)     Bushfire design


                       All structural elements within 3m of the area to which the Environmental Covenant applies to the
                       ~estern side of Lot 15 and Lots I to 12 inclusive, shall be constructed of non-combustible
                       materials.


                       Design for resistance to bushfire in accordance with statutory requirements should be considered
                       through the independent certification process. The Seller takes no responsibility for design
                       compliance against the threat ofbushfire.

       3.3     Landscaping

               External landscaping treatments are subject to Approval by the Seller. Design considerations should
               include:


               (a)     Soft Landscaping


                       Natural treatments are encouraged and plant species to be introduced shall be in accordance with
                       the Landscape Master Plan to which the Development Approval refers. The Buyer shall take all
                       reasonable steps to ensure that weeds are not introduced or spread as a result oflandscaping works.


               (b)     Driveways

                       Driveway widths, grades and locations with respect to services and existing vegetation shall be
                       considered at Approval stage, however driveways and crossovers are subject to separate approval
                       by Local Government in accordance with the Development Approval.

                       Driveways should be constructed from materials of a colour and appearance that compliments the
                       dwelling, and should be graded to allow an even dispersal of storm water where possible. Any
                       channeling or concentration of storm water should be collected by suitable drains and contained on
                       the Land.




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Section 8

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               (c)     Retaining walls

                       Retaining walls beyond the building line are discouraged, but small retaining walls incorporated
                       within the general landscaping area are acceptable using solid masonry or stone in preference to
                       modular or less permanent solutions.


                       Retaining walls should generally not exceed 1.5m in height, however relaxations may be permitted
                       on landscaping or architectural merit.




               (d)     Fencing

                       Fencing materials shall be sympathetic to the proposed building fabric and the natural surrounds.
                       No barbed wire will be permitted, and no fences shall exceed two (2)metres in height.


                       All fences or screen walls shall be painted on both sides, unless constructed from suitable natural
                       materials, such as stone or hardwood timber. Where there is no adjoining property, the lot owner
                       shall paint both sides of the fence.


                       Pool fencing around swimming pools shall comply with all Local Government and statutory
                       requirements.

                       Fences should be located to avoid impacts on existing vegetation wherever practically possible.


               (e)     Hardscapes

                       All external    non-garden   areas   should be   appropriately leveled and    drained to   ensure   that
                       stormwater run-off does not cause erosion of the property or its surrounds.



       3.4     Services, equipment and other installations

               The location and treatment of the following items are subject to Approval by the Seller and must be
               detailed on proposed plans for Building Works, along with any proposed screening measures.


               (a)     Service equipment and meters


                       All external meters or services shall be located to comply with the requirements of the relevant
                       authorities, but shall either be screened or treated so as to be unobtrusive and shall not directly face
                       the street.


               (b)     Swimming pool equipment

                       Swimming pool filters and operating equipment shall be located away from public view and
                       screened from reasonable view from adjoining Lots.


               (c)     Insect screens


                       Insect screens shall be integrated with the window frames in design, colour and where appropriate,
                       operation so as to be unobtrusive.

               (d)     Rainwater tanks


                       All rain water tanks are to be incorporated into the design of the Dwelling and shall be screened,
                       buried or treated in such a way as to be unobtrusive.


               (e)     Rubbish bins


                       Rubbish bins and refuse or bin storage areas are to be totally screened from public view.


               (f)     Air-conditioners


                       No externally mounted air-conditioning units shall be installed unless the location and/or measures
                       of screening have been approved.




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Section 9

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               (g)     Clothes lines


                       Clothes hoists and washing lines are to be totally screened from public view and screened from
                       reasonable view from adjoining Lots.


               (h)     Solar heating equipment


                       Solar heating equipment shall be permitted if screened from public view and suitably integrated
                       into the design of the Dwelling or the surrounding landscaped areas.


               (i)    Antennae


                       The installation of television, radio or other electronic antennae, satellite dishes or the like shall
                       not:



                       (i)     Be visible from the street or any other Lot; or


                      (ii)     Interfere with the reasonable enjoyment of related electronic services on other Lots.




4.     DEVELOPMENT


       4.1     Land use for residential purposes only


               The Homesites are zoned for single residential use only, and may not be subdivided. Buyers are required
               to ensure that:



                       (i)     No other land uses occur;


                       (ii)    Only dwellings and structures for the intended purpose of single residential use shall be
                               constructed on the Homesites.


                       (iii)   Lots and all improvements thereon shall be maintained at all times.


                       (iv)    The Homesites shall not be used for the storage of vehicles, boats, machinery or other such
                               equipment until the construction of the main dwelling has been completed and all necessary
                               provisions for such storage in accordance with this Deed have been addressed;

                       (v)     The Land shall not be used for residential purposes until the construction of the main
                               dwelling has been completed in accordance with all statutory requirements.

       4.2     Development Approval for Material Change of Use

               The Development Approval contains conditions that control the development and use of the Homesites.
               This Deed requires compliance with such conditions as applicable.


       4.3     Temporary structures

               No temporary structures or improvements are to be erected on the Homesites, except those reasonably
               required for the construction of the dwelling during the period of construction.

       4.4     Land not to be used for storage or temporary residential purposes


               No caravan, mobile home or temporary form of accommodation shall be placed or occupied on the Lots
               for either storage or residential purposes.


               No materials, equipment, vehicles or other objects shall be stored on the Lots unless appropriate to the
               course of imminent or    progressive Building Works.

       4.5     Homesites to be kept tidy


               The Homesites are to be kept clean, tidy and free from weeds. If at any time (before, during or after
               construction of a dwelling) the land or any part of it is left in an untidy condition the Seller and its


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Section 10

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               contractors shall be entitled to enter upon the Land and   remove any rubbish or unsightly or untidy

               materials or weeds, and the Buyer shall upon request, pay to the Seller any reasonable costs incurred in
               undertaking such work. If such costs are not paid within 14 days of request, the Buyer shall pay interest
               on such costs at the rate of 15% per annum on daily rests until payment is received in full.

       4.6     Environmental Covenant


               An Environmental Covenant applies to Lots 1 to IS, and 24 to 33. Land governed by the Environmental
               Covenant, including any existing fencing to which it is bound or defined shall not be developed or
               actively used, nor shall the Land be compromised, altered or trafficked in the course of carrying out
               Building Works or any other activities by or on behalf of the Buyer.

               This Deed requires compliance with the Environmental Covenant and applicable Buyers should be aware
               of their obligations according to the Covenant, and the restrictions on development therein.


               Up until the time that all Lots are sold or transferred, the existing fencing may require attention by the
               Seller, access for which shall not be reasonably withheld by the Buyer.

       4.7     Keeping of animals

               No animals other than domestic pets in accordance with Council local laws are permitted. Cats and dogs

               may be kept in purpose-built caged or fenced enclosures that provide safe separation from such animals
               and native fauna.


       4.8     Stormwater management and erosion control


               Infiltration pits are provided on each lot for the purpose of connecting to stormwater outlets. It is the
               Buyer’s responsibility to ensure that the pit is maintained and kept free from the build-up of silt.

               Any movement of silt or soil beyond the property, before, during or after construction shall be removed
               and relocated to the Land by the Buyer.


       4.9     Signage

               No advertisement, sign or hoarding of a commercial nature shall be erected on the Land without the
               Seller’s prior written consent. Consent is given to the erection of a sign by a builder constructing
               improvements on the land as required by law not exceeding 1 square metre.

               The Buyer hereby authorises the Seller to enter upon the Land and remove any signs not in keeping with
               this Covenant.




5.      BUYER TO SECURE SELLER’S APPROVAL


       5.1     Application for Seller’s approval

               Full plans and specifications must be submitted to the Seller for written approval by the Seller or its
               appointed nominee prior to the commencement of any construction works. Normal certification and Local
               Government approval applies thereafter. The Seller takes no responsibility for compliance with either:


                       (i)     Local Government planning requirements, by-laws or the like; or


                       (ii)    Building Codes, Australian Standards of other statutory requirements.

               The Buyer should therefore seek independent advice as to all statutory requirements.


       5.2     Criteria to be applied by Seller


               In striving to meet the Design Objectives, the Seller shall consider all relevant criteria within this Deed in
               considering any application for Building Works.




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Section 11

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       5.3     Variations to approved plans


               The Buyer must obtain the Seller’s approval to any variation to plans or specifications (other than
               variations of a minor nature).


       5.4     SeDer’s discretion


               The Seller may at its absolute discretion permit departure from the criteria applied to this Covenant on the
               merit of any application to do so, having consideration for the Design Objectives, the general amenity of
               the Homesites and in particular, the impact on any neighboring properties.


       5.5     Prescribed forms and application fees


               Applications for approval ofplans must be lodged together with the prescribed forms and a reasonable fee
               set by the Seller, the sum of which as at the date of the initial issue of this Deed shall be $200 for a typical

               single lot design. The Seller shall approve complying plans and specifications within 14 days of receipt of
               a conforming application.




       5.6     Validity of approvals

               Approvals are valid for a period of two (2)years from the date of issue by the Seller. Upon expiration of
               this period, the Buyer shall re-apply to the Seller for Approval.




6.     CONSTRUCTION WORKS


       6.1     Time for Building Works


               Building Works are to be carried out expediently, but must nonetheless be completed within eighteen (18)
               months of commencement.


               No improvement in the course of Building Works shall be left without progress for longer than three (3)
               months without the written permission of the Seller.


       6.2     Construction Hours and Site Access


               Hours of construction shall be in accordance with Local Government policy and must be adhered to.


               All building access for the duration of construction is restricted to the approved driveway location only,
               upon which a gravel accessway shall be created in order to minimize sediment movement onto the road.
               The remaining road frontage must be suitably barricaded to restrict access. Damage to the road reserve,
               including the footpath, kerb, road, street landscaping and services during the course of Building Works
               must be repaired by the Buyer prior to occupation.


       6.3     Construction to cause minimal disturbance


               In addition to all statutory requirements and conditions of Building Approval, all activity associated with
               Building Works is to cause minimal disruption to the Homesites and residents within the Homesites.

               The Buyer is responsible for all acts or omissions by any contractor it engages in association with the
               development, construction, and upkeep of the Land. In this regard, and in addition to Local Government
               conditions of Building Approval, the Buyer hereby agrees to ensure that:


                       (i)     The Lots   are   to be   kept in a tidy, orderly and safe condition free from rubbish and
                               unnecessary hazards;


                       (ii)    All rubbish created during Building Works is to be deposited in a skip bin and must be
                               accessible to the builders’ sub contractors;


                       (iii)   Adjoining allotments must not be utilised by the builder for the parking of vehicles, the
                               storage of building materials and/or the depositing of rubbish;




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Section 12

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                       (iv)    Ablution facilities complying with Local Government requirements are to be provided for
                               the duration of all Building Works;


                       (v)     No dogs are brought onto the Homesites during Building Works; and


                       (vi)    All other environmental control measures are adopted and carried out in accordance with
                               the Environmental Management Plan 2 that forms part of the Development Approval.


               The Buyer will be invoiced for any rectification works required from breaches of these conditions.


       6.4     Builders’ signs


               Builders’ signage is to be restricted to one sign per Lot, for identification purposes only and shall not
               exceed a gross area of 1.5 square metres without the written authority of the Seller.


       6.5     Sediment and erosion control


               Erosion control measures are to be established and maintained during Building Works. The Buyer is to
               ensure that all contractors are referred to Environmental   Management Plan 2.



7.     INSPECTION OF BUILDING WORKS


       7.1     Buyer to give notice upon completion

               Upon the completion of Building Works the Buyer shall give notice of completion to the Seller in order
               that the Seller may inspect and endorse the completed Building Works as having met the criteria assessed
               and consistent with Approval.


       7.2     Seller to inspect the Building Works


               Within fourteen (14)days of receipt of a notice of completion, the Seller shall inspect the Building Works
               and determine whether the completed work is in accordance with the Approval, and shall advise the
               Buyer within three (3)working days whether the completed work is Approved Building Work. Within
               seven (7)days of the inspection the Seller shall issue to the Buyer a written statement detailing any non-

               compliance with this Deed.

       7.3     Buyer to rectify non-compliance

               Any non-compliance noted by the Seller shall be rectified within thirty (30)days of the Buyer’s receipt of
               such written notice, or such longer period as may be permitted by the Seller. Upon rectification of any
               non-compliance(s) the provisions of7.1 shall apply.

               Should any rectification works fail to comply, the Buyer shall be granted a fmal opportunity to meet the
               requirements of this Deed upon paying the Seller a fee of five hundred dollars ($500).

       7.4     Seller to rectify non-compliance


               If the Buyer does not comply with 7.3 the Seller may at its discretion carry out the necessary work to
               remedy such non-compliance. Access for such works shall be granted forthwith by the Buyer and the cost
               of such works shall be recoverable from the Buyer forthwith upon demand. Payment shall be made within
               thirty (30)days of such demand. Beyond this time the Buyer shall pay to the Seller interest at the rate of
               15% per annum calculated on daily rests on all costs incurred by the Seller hereunder until payment is
               received in full.


       7.5     Seller may authorise non-compliance


               The seller may at its absolute discretion authorise non-compliance with this Deed under circumstances
               where design criteria cannot reasonably be satisfied provided that the intent of the Design Objectives
               pursuant to 2.2 are met.




s:\documents\51958\clh_51958_021.doc

Section 13

                                                                                                                              .




                                                                                                                         12



8.     SELLER’S NON-LIABILITY


       8.1     Seller not liable for Approval


               Approval issued by the Seller does not represent or constitute the proper design or suitability of any plans
               orspecifications, nor does it imply that Building Works will be built in a workmanlike manner.

               The Seller is not liable for any errors, omissions or discrepancies in the plans and specifications, or any
               defects in the Building Works following Approval.


       8.2     Seller not obliged to enforce covenant


               The Buyer shall have no claim whatsoever against the Seller for failure to secure or enforce this Deed in
               connection with the sale or development of any other Lot.


       8.3     Seller not bound in relation to other Lots


               The Seller is not bound to develop other Lots in accordance with this Deed.


       8.4     Seller may vary covenants


               The Seller is entitled to waive, release, vary or alter any Covenant pertaining to the sale or development
               of other Lots at any time.


       8.5     No action by a third party


               The parties acknowledge that it is not their intention by this Deed and its Covenants to create any legal
               duty enforceable by a third party pursuant to Section 55 of the Property Law Act 1974.



9.     RE-SALE


       9.1     This clause shall not in any respect merge in or be extinguished by any transfer of the Land to the Buyer;


       9.2     The Buyer shall not transfer or otherwise     dispose of the Land unless the Buyer first requires any
               transferee from the Buyer to enter into a Deed of Covenant in the form of this Deed ("Deed of Covenant")
               agreeing to be bound to the Seller by these Covenants.

       9.3     The Buyer shall ensure that any agreement for the transfer of the Land attaches a copy of the Deed of.
               Covenant and contains a clause whereby any transferee from the Buyer or its successors in title agrees
               with the Seller:


               (a)     to observe and be bound by the terms of the Deed of Covenant;



               (b)     not to transfer the Land without obtaining from any transferee a Deed of Covenant in favour of the
                       Seller that such transferee will be bound by these Covenants.


       9.4     The Buyer shall deliver to the Seller the transferee’s Deed of Covenant as soon as reasonably possible.


       9.5     The Buyer agrees to indemnify and keep indemnified the Seller against any loss, damage or other
               consequence detrimental to the Seller (including full indemnity costs) resulting from any failure of the
               Buyer to comply with these covenants (including the preceding covenant requiring the Buyer to obtain a
               covenant by any transferee in favour of the Seller to be bound by this covenant in the event of an on sale).


       9.6     The Buyer is released from the obligation to obtain a Deed of Covenant if the Buyer has first completed
               the Approved Building Works before entering into any transfer ofthe land.


       9.7     In this Deed the Seller means CBD Settlers Cove Pty Ltd ACN 114 192773.




s:\documents\51958\clh_51958_021.doc

Section 14

                                                                                                                   13



10.    NOTICES


       All notices given under this Deed must be writing, addressed to the recipient as noted herein and signed by a

       person duly authorised to do so.




11.    GOVERNING LAW


       This Deed is governed by the laws of Queensland. The parties submit to the non-exclusivity of Courts exercising
       jurisdiction in Queensland.




s:\documents\51958\clh_51958_021.doc

Section 15

                                                                                                    .,.




                                                                                               14




EXECUTED AS A DEED by CBD SETTLER’S COVE PTY LTD ACN 114 192 773:




   Signature of authorised person                  Signature of authorised person


   Office held                                     Office held



   Name of authorised person (block letters)       Name of authorised person (block letters)




EXECUTED AS A DEED by




   Signature of authorised person                  Signature of authorised person


   Office held                                     Office held




   Name ofauthorised person (block letters)        Name of authorised person (block letters)




EXECUTED AS A DEED by




   Signature                                       Signature


   Witness                                         Witness




   Name of Witness                                 Name of Witness




                                               .




s:\documents\51958\clh_51958_021.doc

Section 16

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                 ...




                       13 GROSVENOR TERRACE         -
                                                        20 ROOF PITCH JUSTIFICATION



                       Design Intent


                       The house design provides a suitable solution to a somewhat challenging site, which presents a

                       significant 7,Om crossfall, stretching from the NE corner to the SW corner of the site,


                       The intent for the home was to provide expansive living area volumes, which maximised

                       opportunities for natural light and cross flow ventilation. This has been achieved with a single span
                       skill ion roof which orientates towards the north, setting up a large single volume, which increases

                       towards the alfresco area.



                       The 20 roof pitch is determined necessary in maintaining an architectural form that is sympathetic to
                                                                 ’-~ .




                       the landform and consistent with the preferred style of the home.




                       Roof Pitch



                       An increased roof pitch would present the following implications on the house design and

                       surrounding realm:


                               Greater impact on neighbours with an increased overbearing roof.

                               A greater roof pitch would reduce the solar protection and provide greater exposure to the

                               elements.

                               A compliant 50 roof pitch would raise the roof height by more than 1.0m,which in turn

                               would exceed maximum height from natural ground and have a greater visual impact from

                               the street and neighbouring properties.

                               An increased roof height would require additional structural framing and cladding.

                               A more acute roof angle would be less visually pleasing and appear more obtrusive from the

                               street.




                                                                                                                               .1

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CLlEJoIT                                                                                             Repom.                                                                 Project                                                  Client
                                       ~~s~~~w ~ ~p e~~naH~~;s~d~~~B~&                                            CONSULTANTS                                                                                                                                                           Scale         Date                          Drawn By




                                                                                                                                                          ~                 PROPOSED NEW RESIDENCE                                                                                                                                                         .5       2             4
                                       codes,Building Ad. 19*5 & Building Regulation 2006 (asamended)& the aoc.
Shannon Gi11arU                                                                                                   Structural Engineers                                                                                               GILLARD                                            1:100 (A2l    MAR 2012                      SG
Mollie: 0406 752 259                                                                                                                                                                                                                                                                                                                                                                  I
                                       ~~~~~~~n::s~~1:’;~i:n~~:hif!oJ:::n~~re~                                    SCG Engineering                                                                                                                                                                                                                      ~
[email protected]                                                                                        1/11 Project Avenue Noo.."’" OlD 4566                                                                                                                                 Project No.   Drawing No.                   Issue No.
                                       the property of the authols.                                                                                                         Locatioo                                                 Drawing T~e                                                                                                       D        1          3          5m
                                                                                                                  (07)5455 5604
11511 Edgar Bennell Aye, Noosa Heads                                                                                                                                        LOT 27 GROSVENOR TERRACE        SETTLERS’COVE            SITE PLAN                                                        CD-100                        @
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Section 20

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GENERAL NOTES
                                                                                                                                                                                                                                                          I
1. ALL MATERIAL SHALL BE NEW.
2. REFER STRUCTURAL ENGINEERS DETAILS FOR :FOOTING & SLAB,TIE 0                                                                                                                                         I                                                 I
                                                                                                                                                                                                                          I
                                                                                                                                                                                                        I
BRACING, FRAMING SCHEDULE, STRUCTURAL MEMBERS, FLOOR                                                                                                                                                                  I
                                                                                                                                                                                                                                                     ft\.1
CONSTRUCTION,WIND CATEGORY. ROOF FRAMING & TRUSS DETAILS.
3. PLUMBING & DRAINAGE TO COMPLY TO LOCAL AUTHORITY
REQUIREMENTS.                                                                                                                                                                                   I
                                                                                                                                                                                                   I
                                                                                                                                                                                                    I
                                                                                                                                                                                                       I
                                                                                                                                                                                                                      /

                                                                                                                                                                                                                                                     \..VI                    ~                                                                                 ~                 ~~
STORMWATER THROUGH P.V.C. P             E & TO BE DIRECTED TO ONSITE                                                                                                                           I
                                                                                                                                                                                                                                                          I
                                                                                                                                                                                              I
INFILTRATION PIT. NO DISCHARGE           GO TO STREET OR ADJACENT                                                                                                                                                                                         I                                                                                I
ALLOTMENTS.                                                                                                                                                                                  I

4.TIMBER FRAMING: ALL FIXINGS            PER CONNECTION DETAILS & GOOD
                                                                                                                                                                                           I
                                                                                                                                                                                            I                                                             I                                                                                I                                                                                                             cOv BK
WORKMANSHIP.                                                                                                                                                                            I
                                                                                                                                                 [MT U
S. ROOFING: COLORBOND METAL
MATERIAL & FIXED IN ACCORDANC
6. ELECTRICAL: TO LOCAL AUTHOR I
                                         EETROOFING OVER APPROVED SARKING
                                        WITH MANUFACTURERS SPECIFICATION.
                                         REGULATIONS.                                                                                                                              I
                                                                                                                                                                                    I
                                                                                                                                                                                       I

                                                                                                                                                                                                                                                        o                                  26
                                                                                                                                                                                                                                                                                                                                         (~
                                                                                                                                                                                                                                                                                                                                         "--.../
7. BRICKLAYER: GALVANISED WALL           IES 1 ROW AT 2 COURSES ABOVE                                                                                                          I
                                                                                                                                                                               I
FLASHING & 1 ROW IN THE SECON           LAST BED JOINT FROM TOP OF WALL                             FLOOR AREA:
AND @ Soocrs. IN BETWEEN ON E            H STUD. PROVIDE WEEP HOLES @ 900
cts. ALONG FLASHING.                                                                                                                   286m’
                                                                                                    Intemal:
8.ALL WET AREA FLOOR & SHOWER FLOORS TO COMPLY TO BCA SECTION
3.8.1.
                                                                                                                                                                                               REAL PROPERTY DESCRIPTION
                                                                                                    Exlema/:
9. ALL WORKING AND MATERIAL TO BE IN ACCORDANCE WITH THE BUILDING
                                                                                                    Ga/39.1 5\0,.                     53m’                                                     Proposed NEW residence on
CODE OF AUSTRALIA, THE QUEENSLAND ACT AS1684.2 RESIDENTIAL TIMBER                                                                     56m’
                                                                                                    Pall1ways                                                                                  LOT 27, Grosvenor Terrace.
FRAMED CONSTRUCTION.                                                                                Alfresco                          5Om’
10. PERIMETER FENCE OF POOL TO COMPLY WITH BUILDING CODE OF                                                                           66m’                                                     Plan SP 188628
                                                                                                    Driveway 1 Bin Ene.
AUSTRALIA POOL FENCING PROVISIONS AND ANY OTHER RREVANT LOCAL
                                                                                                                                                                                               Parish of Weyba.
AUTHORITY REQUIREMENTS.

                                                                                                                          Total        SlIm’                                                   Sunshine Coast Regional Council.
NOTE: BUILDER TO CHECK AND CONFIRM ALL MEASUREMENTS PRIOR TO
COMMENCEMENT OF CONSTRUCTION. DO NOT SCALE DRAWINGS. WRITTEN
DIMENSIONS TAKE PRECEDENCE AT ALL TIMES.




                                                                                                                                                                                                                                      Project                                                        Client                                                       SoaIe                  Dale                                          Drawn By
   lENT
                                              r:s:~~ ~re~::":~~~nsf.~d~"::=A&RepO!1s.                                      CONSULTANTS
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                                                                                                                                                                                                                    ~
                                                                                                                                                                                                                                      PROPOSED NEW RESIDENCE                                         GILLARD                                                      1:100 (A2)
                                              codes,Building Art. fg~5 & BuHding Regulation 2006 (asamended)& the QOC,
 Shannon Gillardf                                                                                                         Structural Engineers                                                                                                                                                                                                                                           MAR 2012                                      SG
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               I
 Mabie: 0406 752 259                                                                                                                                                                                                                                                                                                                                                                                                                                 ~
 [email protected]                    =~=~~:~rior’:H:’B:,=’I:~r~~~remail                                          SCG Englneenng
                                                                                                                                                                                                                                                                                                                                                                  Project No.            Drawing No.                                   Issu. No.
                                                                                                                                                                                                                                                                                                                                                                                                                                                     D                         5m
                                              111. property of lI1e autholS.                                              1/11 Project Av.nu. Noosavile QLD 4566                                                                      Location                                                       Drawlng111le                                                                                                                                              1       3
 11511 Edgar Sennett Ave, Noosa Heads
                                                                                                                          (07)5455 5604                                                                                               LOT 27 GROSVENOR TERRACE       SETTLERS’COVE                   GENERAL ARRANGEMENTS                                                                CD-101                                        @)

Section 21

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                                       BLOCK COLUMN                                                                                                              BEAM WITH SELECT                                                 SHEETING AT 2’ ON ENGINEER                                                                               TEXTURE PAINT FINISH.
                                                                                                                                                                                                                                                                                   FEATURE CLADDING
                                                                                                                                                                 PAINT FINISH.                                                    DESIGNED TRUSSES.
(.                                                                                                                                                                                                                                                                                                                                                                                                                                               LEGEND
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                                                                                                                                                                 JOINTS.                                                         TO CONCEAL BEAM                                                                                                                                                                                                 FC        COMPRESSED FIBRE CEMENT
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                                       SELECT COLORBOND
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                                                                                                                                                                                                                                                                                                                                                                                    CANTIlEVER SLAB EDGE
                                                                                                                                                                                                    WEST ELEVATION



                                                                                                          8mm FC CLADDING                                                                  RENDRED FINISH OVER                                      BOX-OUT BEAM WITH
                                                                                                                                                                                                                                              .---

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                                                                                                                                                                                           MASONRY BLOCK.            -

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                                       INSULATED COLOR BOND ROOF
                                                                                                                                                                                                                                               ,-   HARDWOOD CLAD BEAM TO
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                                                                                                     I                                                                                                                                              SELECT FINISH.
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                                                                                                     ,
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                                                                                                  I                                                                                                                                       NORTH ELEVATION                                                                                                                                       BLOCK WALL                               WITH TEXTURE PAINT FINISH.




     CLIENT                                                                                                                   & Reports,        CONSULTANTS                                               Project                                                                                  Client                                                             Scale                          Date                      Drawn By                5
                                                          t~I~S~Z:’~ ~ ~plre~~~na1f~.%~~~ns~~~:;p~~"is~’t                                                                                                                                                                                                                                                                                                                                                            2                                4
     Shannon Gillam
                                                          codes,Building Act     19~5
                                                                                    & Building Regulation 2006 (as amended)& the
                                                                                                                                                Slruclral Engj,.,.,.
                                                                                                                                                                                                          PROPOSED NEW RESIDENCE
     Mobile: 0406 752 259                                 QDC.Verify a dimensions on site prior to commencement of any works. These
                                                                                                                                                                                                                                                                                                   GILLARD                                                          1:100@A3                         MAR12                     SG
                                                                                                                                                SCG Engineering
     shannon_giiard@holma .com                            drawings are not 10 be used for scaling, Copyrighl for design & drawings remain
                                                          the property of the autllllS,                                                         1/11 Project Avenue Noosaville OlD 4566                   Location                                                                                 Drawing Title                                                      Project No.                    Drawing No.               Issue No.
     115/1 Edgar Bennett Ave, Noosa Heads                                                                                                       (07)5455 5604                                                                                                                                                                                                                                                                                    o                                3                       Sm
                                                                                                                                                                                                          LOT 27 GROSVENOR TERRACE                             SETTLER’S COVE                      Elevations 1                                                                                      CD-102                      @)

Section 22

                                                                                                                                                      INSULATED COLORBOND ROOF
                                                                                                                                                      SHEETING AT 2" ON ENGINEER
                                                                                                                                                                                                                                         8mm F.C SHEETING WITH
                                                                                                                                                                                                                                         EXPRESSED JOINTS
                                                                                                                                                                                                                                                                                                                INSULATED COLORBOND ROOF
                                                                                                                                                                                                                                                                                                                SHEETING AT 2. ON ENGINEER
                                                                                                                                                                                                                                                                                                                                                                 8mm F.C SHEETING WITH
                                                                                                                                                                                                                                                                                                                                                                 EXPRESSED JOINTS
                                                                                                                                                                                                                                                                                                                                                                                                                              ~
                                                                                                                                                      DESIGNED TRUSSES.                                                                                                                                         DESIGNED TRUSSES.




                                                      HARDWOOD TIMBER
                                                      FEATURE CLADDING
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                                                                                                                                                                                                                                                                                                                         FEATURE BEAM                                                                                        l
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           RB            RENDERED BLOCKWORK                                                                                                                                                                                                                                          EAST ELEVATION
            TB           HARDWOOD TIMBER CLADDING




 CLIENT                                                                                                                                                                                                                 Project                                                                                 Client                                   Scale                           Date                               Drawn By                   .5                   2         4
                                                tt:,~s~~~ ~ ~re:lj,"ar,’.i)’e~:ns~~~:d’l;~=&i~& Reports.                                                      CONSULTANTS

                                                                Act 9~5 & Buiding Regulation 2006 (asamended)& !he
.
Shannon GiHart!                                                                                                                                               Slruclural Engineers
 Mobile: 0406 7p2 259                           ccdes,Buildi:.1
                                                OOC.Verify dimensions site prior 10 commencemenlot
                                                                           on                                     These
                                                                                                                                                                                                                        PROPOSED NEW RESIDENCE                                                                  GILLARD                                1:100@A3                          MAR 12                             SG
 shannon_gilart!@holmai.<Xll11                  drawings are not 10 be used tor scaling. Copyrighl for design &        a=.remain .



                                                                                                                                     s
                                                                                                                                                              SCG Engineeri1g
                                                                                                                                                                                                                        Location
                                                !he property ot!he aulhors.                                                                                   1/11 Project Avenue Noosaville OLD 4566                                                                                                           Drawing Title                            Project No.                     Drawing No.                        Issue No.            0                              3           5m
                                                                                                                                                              (07)5455 5604
 115/1 Edgar Bennett Ave. Noosa Heads
                                                                                                                                                                                                                        LOT 27 GROSVENOR TERRACE                     SETILERS’COVE                              Elevations 2                                                             CD-103                              @)

Section 23

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                                                                                                                                                                                           ~.~~~~~?                                                                                                                                   E9                   SECTION




CLIENT                                                                                                                                                                                                  Project                                                                                                                        Client                                                                     Scale           Date                    Drawn By               .5
                                                    t~i~s~:’~ ~ ~:;,e~re!~~na’if~J~~~n~nS~~~;;p;~;.s:t~& Reports.                           CONSULTANTS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          2                            4
Shannon Gillam                                                       19*5                                                                   Structurnl Engineers
Mobile: 0406 752 259                                codes.BUildi~ Act & Building Regulation 2006 (asamended)& Ihe                                                                                       PROPOSED NEW RESIDENCE                                                                                                         GILLARD                                                                1:100@A3            MAR 12                  SG
[email protected]                          ~~~s~:~:=~~!gfo~i~I~;.t~=~lnf~~:~~~:ndra~~s=n                                           SCG Engineering
                                                                                                                                                                                                        Location
                                                     Ihe property of Ihe authe)ls.                                                          1/11 Project Avenue Nocsaville OLD 4566
                                                                                                                                                                                                                                                                                                                                       Drawing Title                                                              Project No.     Drawing No,             Issue No,      0                                                 3
115/1 Edgar Bennett Ave, Nocsa Heads
                                                                                                                                            (07)5455 5604                                                                                                                                                                                                                                                                                                                                                                                  5m
                                                                                                                                                                                                        LOT 27 GROSVENOR TERRACE                                      SETILERS’COVE                                                    Sections 1                                                                                 CD-104                   @)


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‘CuieNT This drawing is to be read in conjunction with Engineers Drawings & Reports. CONSULTANTS Project Client Scale Date Drawn By 5 2
eae cme See ef Sk adr endear 58 (ecard te | ShucualEmees PROPOSED NEW RESIDENCE GILLARD 1:100 @A3 MAR 12 SG a
Mobile: 0406 752 259 DC. Vert all dimensions onsite pro" o commencement of any works. These SCG Engineering ile aon 2
[email protected] Teepe ofthe unre Soa Copyrgt for design &crawrgs remain’) 111 project Avenue Noosevile QLD ASEB Location Drawing Title Project No. Drawing No. Issue No. | () 1
(07) 5455 5604 is
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Section 24

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                                                                                                                                                                                                      Project                                                                                                            Client                                                          Scale                      Date                      Drawn By                                   .5                2         4
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    CUENT
                                                     1~s’iZ~~ ~plre:l~na1i’~~~~~~~i:;Jlsln~~~& Reports.                                       CONSULTANTS
Shanoon Gillam
                                                  codes,Building Act 19~5   & Bu ding Regulation 2006 (asamended)& !he
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                                                                                                                                                                                                      PROPOSED NEW RESIDENCE                                                                                             GILLARD                                                 1:100@A3                                                     SG
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    Mobile: 0406 7,52 259                         ODC.Verify all dimensions on sile prior to commencement of any v.OO<s,These
                                                                                                                                                                                                                                                                                                                                                                                                                    MAR 12
                                                                                                                                              SCG Engineering
[email protected]                          drawings are nol to be used for scaling. Copyrighl for design &drawings remain
                                                                                                                                              1/11 Project Avenue Noosavile OlD 4566                  Location                                                                                                           Drawing Title                                                   Project No.                Drawing No,               Issue No.
                                                  !he properly of !he aultoo;,
                                                                                                                                              (07)5455 5604
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            o                                    3       5m
11511 Edgar Bennett Ave, Noosa Heads
                                                                                                                                                                                                      LOT 27 GROSVENOR TERRACE                    SETILERS’COVE                                                          Sections 2                                                                                 CD-105                     @

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