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Development Application part 2 of 2 Report and plans MCU12/0201
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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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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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(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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(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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(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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(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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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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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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(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.
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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.
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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
Section 17
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Mollie: 0406 752 259 I
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the property of the authols. Locatioo Drawing T~e D 1 3 5m
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1. ALL MATERIAL SHALL BE NEW.
2. REFER STRUCTURAL ENGINEERS DETAILS FOR :FOOTING & SLAB,TIE 0 I I
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BRACING, FRAMING SCHEDULE, STRUCTURAL MEMBERS, FLOOR I
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EETROOFING OVER APPROVED SARKING
WITH MANUFACTURERS SPECIFICATION.
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7. BRICKLAYER: GALVANISED WALL IES 1 ROW AT 2 COURSES ABOVE I
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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.
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[email protected] ~~~s~:~:=~~!gfo~i~I~;.t~=~lnf~~:~~~:ndra~~s=n SCG Engineering
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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
Slructural Engineer.;
PROPOSED NEW RESIDENCE GILLARD 1:100@A3 SG
.
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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