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

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Original PDF page 11, section 1. The text section number identifies this passage in the reader.

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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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