STAGE 8 ANNEXURE A RELEASE PLAN AND DEPOSITED PLAN · 2018-03-22 · (c) The Buyer acknowledges a...
Transcript of STAGE 8 ANNEXURE A RELEASE PLAN AND DEPOSITED PLAN · 2018-03-22 · (c) The Buyer acknowledges a...
STAGE 8
ANNEXURE A
RELEASE PLAN AND DEPOSITED PLAN
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STAGE 8
ANNEXURE B
SPECIAL CONDITIONS
1. Special Conditions
(a) These Special Conditions form part of the Contract. If there is a provision in these Special Conditions which is inconsistent with a provision of the 2011 General Conditions, then the provision in these Special Conditions prevails to the extent of that inconsistency.
(b) Clauses 4.4, 4.5, 9 and 15 of the 2011 General Conditions are deleted from, and do not apply to, this Contract.
(c) Words not defined in these Special Conditions have the same meaning as those defined in the General Conditions.
(d) If the Seller is required to give any consent or approval under these Special Conditions, the Seller may do so at the Seller’s absolute discretion.
2. Buyer’s Acknowledgements
(a) The Buyer acknowledges that this clause is a notification of the existence of the market garden operations within 300 metres of the Land and the potential for possible nuisances relating to odours, noise, dust, spray drift, and the like that the market garden operations may cause.
(b) The Buyer acknowledges that there will be a notification pursuant to section 165 of the Planning and Development Act 2005 on the title to the Land which will constitute a Specified Encumbrance for the purposes of the General Conditions.
(c) The Buyer acknowledges a marketing incentive may be provided by the Seller to a participating building company or sales representative providing house and land packages.
3. Background
The purpose of these Special Conditions is to enhance the amenity of the Garden Park Heights subdivision of which the Land is a part.
4. Restrictive Covenants
The transfer of the Land will contain covenants in the following form or to the following effect:
4.1 Not to construct, erect or install or permit to be constructed, erected or installed on the Land:
(a) A residence unless it has a minimum Floor Area of:
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(i) 130m2 if the lot size is less than 400m2;
(ii) 150m2 if the lot size is between 400m2 and 500m2; or
(iii) 170m2 if the lot size is greater than 500m2.
(b) A residence which is not a permanent non-transportable residence.
(c) A residence or any alteration or addition to a residence:
(i) which does not have a front elevation comprised of a minimum of two different wall materials or two different wall colours;
(ii) subject to paragraphs (i) and (iii) using wall materials which are not either predominantly painted or rendered concrete, rendered masonry, clay bricks, limestone, natural coloured concrete blockwork, split face block feature walls, timber or weatherboard which has a stained or painted finish, fibre cement cladding, metal deck cladding custom orb and/or mini orb, reverse brick veneer or composite materials (including a mixture of fibre cement products) or other similar material finished in facework or render provided that each of those materials used comprises not less than ten per centum (10%) of the total front elevation wall area (excluding windows) of the residence;
(iii) if clay bricks are used for the external walls, where the clay bricks do not include at least one feature material such as weatherboard, weatherboard-look products, stone, rammed earth or rendered brickwork; and
(iv) using roof materials which are not concrete or clay tiles, colorbond or terracotta.
(d) A residence where the front façade does not face the primary street elevation.
(e) A residence which:
(i) does not have a minimum pitch of 24o for hipped and Gabled roofs;
(ii) does not have a minimum pitch of 10o and a maximum pitch of 15o for skillion roofs;
(iii) does not have any flat roofs which are not concealed from view from the primary/secondary street elevation or from any Public Reserve by a parapet wall;
(iv) does not have continuous eaves to a minimum dimension of 450 millimetres (including the width of the gutter) except:
A. on garages;
B. where zero lot construction occurs; or
C. with respect to minor incursions under eaves provided there is no opening such as a window or sliding door or, if there is such an opening, where the opening is to a non-habitable room such as a laundry, Bathroom or water closet; and
(v) has a curved roof.
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(f) A residence which does not have a front façade containing either:
(i) a Gable; or
(ii) a Gablet; or
(iii) a Portico with a minimum width of 1500 millimetres that projects forward from the main roof of the front of the residence; or
(iv) a feature blade wall; or
(v) a verandah with:
A. a minimum depth of 1500 millimetres which comprises a minimum of 50 percent of the front elevation of the residence; and
B. a minimum length of 2500 millimetres; or
(vi) a cement render finish to the walls of the front elevation of the residence.
(g) A residence which does not have a front façade containing a front entry feature such as:
(i) highlight glazing panels; or
(ii) the use of accent colours; or
(iii) feature lighting.
(h) A residence which does not have a front façade containing a Porch.
(i) If the residence has a skillion roof to the front elevation, a residence which does not have a minimum of two of the elements referred to in Special Condition 4.1(f).
(j) If the Land is a Corner Lot, a residence which does not address both streets through the inclusion of such features as:
(i) bay windows;
(ii) return verandahs;
(iii) detailed gabled ends to roofs; or
(iv) hi-lite windows to the secondary street.
(k) A residence which is greater than two storeys with the exception of a loft in the roof space.
(l) A residence where any wall on a zero lot line protrudes past the height of the gutter or extend forward of the building line.
(m) A residence where a colourbond roof does not use any of the following colours:
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(i) Bushland;
(ii) Classic Cream;
(iii) Dune;
(iv) Ironstone;
(v) Jasper;
(vi) Pale Eucalypt;
(vii) Paperbark;
(viii) Sandbank;
(ix) Shale Grey;
(x) Surfmist;
(xi) Windspray; or
(xii) Woodland Grey.
(n) A residence which does not contain a double lock up garage making provision for parking of at least two motor vehicles.
(o) A garage:
(i) which is not located under the main roof of the residence;
(ii) which is positioned in front of the bulk street elevation by more than 1000 millimetres;
(iii) where the impact on the overall streetscape is not reasonably lessened, possibly though features such as the Portico (as set out in Special Condition 4.1(f)(iii)), Porch or other entry feature; and
(iv) where the visual impact of garage doors is not reasonably softened by, for example, installing timber or “timber look” garage doors or using two single garage doors separated by a pier.
(p) A residence, unless a driveway and crossover between the road and parking area on the Land are constructed and completed at the same time as, or prior to, occupation of the residence.
(q) A driveway:
(i) which is wider than 6 metres at the street boundary of the Land;
(ii) which is not constructed of brick, brick paving, exposed aggregate or poured limestone finish; and
(iii) which does not have a 90 millimetre diameter stormwater pipe installed under it to allow for the installation of irrigation.
(r) Any fence or wall to a corner lot side boundary facing a secondary street unless it is visually permeable above 1200mm or a picket fence.
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(s) A residence unless all boundary fencing is constructed and completed at the same time as or prior to occupation of the residence.
(t) A letter box which is not located adjacent to the driveway, is not clearly numbered or does not match or complement the residence.
(u) An air conditioner or evaporative cooler, unless:
(i) Contained wholly within the residence; or
(ii) Installed generally below the ridge line of the roof and is of similar colour to the roof; or
(iii) Contained within the roof space between the ceilings of the residence and the underside of the roof of the residence.
(v) A solar hot water heater, unless it is screened from public view, fits the roof profile and is not elevated at any angle to the roof profile and otherwise matches or complements the residence.
(w) A clothes line, rain water tank or hot water unit except in accordance with the manufacturer’s instructions and which is not screened from public view.
(x) Any outbuilding (including any detached garage, workshop, garden shed, storage shed or other building) that is visible from the street.
(y) An antenna or satellite dish which is not installed in the roof space of the residence and which does not comply with all laws, rules and regulations of relevant authorities.
(z) A triple garage that is not set back from the double-garage to lessen the impact on the streetscape.
(aa) Any fence that is forward of the building line unless it is necessary for the return of an adjacent Corner Lot.
(bb) Any gate made of “super six” style corrugated fencing.
(cc) Any additional retaining on any existing retained boundaries.
4.2 Not to:
(a) park or allow to be parked on the Land or on the road or on any other land near to or next to the Land, any commercial vehicles (which have an aggregate weight greater than 3.5 tonnes or a height greater than 2.0 metres), trucks, caravans, trailers, boats, boat trailers or any other mobile machinery (“vehicles”) unless the vehicles are housed or contained wholly within a garage on the Land or are screened from public view; or
(b) carry out any repairs to, restoration of or wrecking of any vehicles parked on the Land or on the road or on any other land near to or next to the Land unless such repairs, restoration or wrecking is carried out wholly within a garage on the Land or are screened from public view; or
(c) permit any temporary structure to be placed on the Land,
(d) permit any advertising, signs, or hoardings to be placed on the Land,
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(e) allow any rubbish disposal containers in front of the Building Line except on allocated bin clearance days,
(f) Allow any meter box to be placed on the front façade of the residence.
4.3 That where retaining walls or fences have been erected on any of the boundaries of the Land by the Seller, NOT to alter or remove any of the retaining walls or fences, NOT to allow or permit the retaining walls or fences to fall into a state of disrepair, and NOT to repair or renew such retaining walls or fences except in the same style and colour as the existing retaining walls and fences.
4.4 That within 12 months of the date of settlement of the homesite, the Buyer must have commenced construction of the residence. The Buyer must then complete construction of the residence within 24 months after commencement of construction. “Commencement” means that the slab has been poured.
4.5 That if retaining walls or fences have been erected on any boundaries of the Land by the Seller, NOT to alter the level of the surface of the Land by elevating the level by more than 200 millimetres.
4.6 Not to allow any landscaping on the Land facing any street to fall into disrepair.
4.7 Not to breach or cause to be breached the Agreed Structure Plan relating to the Land.
4.8 That the covenants herein contained shall operate and be enforceable until 31 December 2025 when such covenants will cease to have any further effect.
4.9 That the burden of these covenants shall run with each lot on the plan or diagram of subdivision for the benefit of every other lot on that plan or diagram. The covenants shall be enforceable against the Buyer and every subsequent registered proprietor of the Land, by the Seller and every subsequent registered proprietor of any other lot on the said plan or diagram of subdivision.
5. Term
These covenants shall subsist until 31 December 2025.
6. Seller’s option to repurchase
(a) Without prejudice to the Seller’s rights pursuant to General Condition 24, the Seller has the option to repurchase the Property at the price and in the manner set out below if the Buyer fails to complete construction of the residence on the Land within the period set out in Special Condition 4.4 or breaches or threatens to breach Special Condition 4.4.
(b) The Seller may exercise the option of repurchase at any time following the Buyer’s breach of Special Condition 4.4 or breach or threatened breach of Special Condition 4.4 by giving written notice of the exercise of the option of repurchase to the Buyer.
(c) The repurchase price to be paid by the Seller will be the lower of the amounts calculated by:
(i) adding to the Purchase Price the cost of all fixed improvements to the Property constructed or effected by the Buyer and deducting the amount of the agent’s selling commission on the sale of the Property by the Seller to the Buyer;
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(ii) deducting the agent’s selling commission on the sale of the property by the Seller to the Buyer from the current market value of the Property and all fixed improvements to the property (if any) constructed or effected by the Buyer PROVIDED ALWAYS that the cost of fixed improvements constructed or effected in breach of these Special Conditions shall not be taken into account in determining the repurchase price.
(d) Any dispute as to the cost of fixed improvements to the Property will be submitted to the decision of a single arbitrator in accordance with General Condition 25. Any dispute as to the current market value of the Property together with all fixed improvements (if any) will be determined by the nominee of the President for the time being of the Australian Property Institute, a Licensed Valuer with at least 5 years’ relevant experience in valuing land similar to the Land, who will act as an expert and his decision will be final and binding.
(e) Upon the exercise of the option to repurchase:
(i) The Seller will prepare and submit to the Buyer who, as transferor, will execute forthwith a registrable transfer of the Property to the Seller as transferee;
(ii) The repurchase price must be paid by the Seller and possession given by the Buyer in exchange for delivery to the Seller of the duly registrable transfer and the duplicate Certificate of Title within one month after the date of service of the notice exercising the option;
(iii) Rates and taxes will be adjusted as at the date that the Seller retakes possession of the property; and
(iv) The Buyer will pay the costs of preparation and registration of the transfer and all stamp duties and registration fees on it; and
(v) The Buyer irrevocably appoints the Seller and every officer and employee of the Seller (jointly and severally) to be the agent and attorney of the Buyer in the Buyer’s name and on the Buyer’s behalf to execute a transfer of the property from the Buyer to the Seller and to do all other things necessary to transfer the Property to the Seller, if the option of repurchase is exercised by the Seller pursuant to this condition. The Buyer ratifies and confirms and agrees to ratify and confirm all that the attorney does or causes to be done under this condition.
(vi) The 2009 General Conditions will be deemed to be incorporated in the contract of repurchase and will apply to any repurchase of the Property pursuant to this Special Condition so far as they are not varied by or inconsistent with the express terms of this Contract.
(f) The Buyer charges the property in favour of the Seller with the due performance of the Buyer’s obligations under Special Condition 4.4 and the Buyer acknowledges that the Seller is entitled to lodge a caveat (whether expressed to be absolute or otherwise) over the title to the Land to give notice of its rights under this Contract provided that in doing so the Seller agrees to withdraw upon demand the caveat upon the Buyer completing the construction of the residence in accordance with the obligations and requirements of these Special Conditions.
7. Buyer’s Covenants
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(a) The Buyer must not agree to sell, transfer or dispose of its interest in the Land before the Buyer completes construction of the residence without ensuring that the subsequent buyer enters into an agreement with the Seller to complete construction of a residence within the 24 month time frame set out in Special Condition 4.4 or within a time frame as agreed with the Seller.
8. GST
The Buyer and Seller agree that the Purchase Price was negotiated on the basis that it includes GST with that GST being calculated on the basis that the Seller has elected to apply the Margin Scheme.
9. Definitions
In this contract the following words have the following meaning:
(a) “Agreed Structure Plan” means the structure plan lodged with City of Wanneroo and Western Australian Planning Commission (“WAPC”) relating to the subdivision and development to the Seller’s land of which the Land forms part and which forms part of the subdivision approval granted by WAPC to the Seller;
(b) “Building Line” means:
(i) The line of the front face of the bricks of the front wall of the residence; or
(ii) Where the line of the front face of the bricks of any residence on a lot adjoining the Land is constructed behind the Building Line of the residence, then the Building Line of the residence is the same as that Building Line of the residence on the lot adjoining the Land;
(c) “Constructed” means:
(i) Built, erected, installed or carried out; and
(ii) Permitted to be built, erected, installed or carried out, on the Land;
(d) “Corner Lot” means a lot located at the junction of two streets or at the junction of a street and public reserve or lane;
(e) “Floor Area” means the area between the external walls of the residence including any alfresco area under the main roof of the residence but excluding patios, pergolas and garages;
(f) “Gable” means a triangular top section of a wall on a building with a pitched roof;
(g) “Gablet” means a small Gable, such as in a Gambrel Roof;
(h) “Gambrel Roof” means a roof having a small Gable near the apex of a hipped end;
(i) “Outbuilding” means a building or buildings erected or constructed on the Land which is not part of the residence or the garage;
(j) “Porch” means an indentation in the floor plan resulting in an area of overhanging roof where the front door is located;
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(k) “Portico” means a narrow verandah or colonnade projecting from the front entrance of the dwelling;
(l) “primary street” means the street which is directly opposite the main front door of the residence;
(m) “Public Reserve” means any parkland, bushland or wetland designated as public open space within the estate of which the Land forms part;
(n) “residence” means a building constructed for private residential occupation which may be a single residence or part of a duplex or other multiple development and may be more than one storey in height, depending on the density requirements of the City of Wanneroo and WAPC; and
(o) “secondary street” means a street which runs along the side of the residence and is not a primary street.
10. Specified Encumbrances
For the purposes of this contract the Buyer acknowledges that the following are Specified Encumbrances:
(a) Any notification pursuant to Special Condition 2; and
(b) Restrictive Covenant in accordance with Special Condition 4.
Signed by the Buyer(s):
Buyer _______________________ Buyer _____________________
Witness _______________________ Witness _____________________
Date _______________________ Date _____________________
Signed by the Seller(s):
Seller _______________________ Seller _______________________
Witness _______________________ Witness _______________________
Date _______________________ Date _______________________
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STAGE 8 – PROMOTION PACKAGE
ANNEXURE C
FRONT LANDSCAPING AND FENCING BONUSES
1. LANDSCAPING BONUS
1.1 Front Landscaping Works
Subject to clauses 1.3 and 1.4 below, the Seller hereby agrees to provide the design, supply and installation of landscaping to the front and side verge area (if applicable) of the Property and to the front garden area of the Property forward of the front building line, comprising planting beds, selected plants, turf and an irrigation system by a reputable landscape contractor nominated by the Seller. For the avoidance of doubt, any turf installed will be ‘Soft Leaf Buffalo’ instant roll-on turf and prior to installation of the turf, the soil beneath the turf area will be prepared with soil conditioner (collectively “the Landscaping Works”).
1.2 Completion of Landscaping Works
Subject to the Buyer’s compliance with the terms and conditions of this annexure, the Landscaping Works shall be completed by the Seller as soon as reasonably possible after the date that the Buyer provides the Seller with notice pursuant to clause 1.3(a)(iii) below and the Buyer having the site suitably prepared for the Landscaping Works.
1.3 Conditions of Landscaping Bonus
(a) This landscaping bonus is subject to and conditional upon:
(i) the Buyer commencing construction of its residence on the Property within 12months of the Settlement Date and completing construction of the residencewithin 24 months of Commencement;
(ii) the Buyer, no later than 8 weeks prior to the completion of the residence,providing the Seller with written notice of the completion;
(iii) the Buyer removing all rubbish and rubble and levelling the area to begrassed and reticulated in preparation for the Landscaping Works tocommence. Where any proposed turfed area meets the kerb, driveway orpath, the Buyer must ensure that the final level of the soil is approximately 40millimetres below the top of that hard area of kerb, driveway or path;
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(iv) the Buyer installing a 90 millimetres PVC stormwater pipe beneath the driveway. The storm water pipe will assist in minimising disruption to paving which may otherwise occur during installation of the irrigation system; and
(v) the Buyer not breaching any of the terms and conditions of this Contract including the restrictive covenants as set out in annexure B of this Contract.
(b) In the event that the Buyer does not comply with the conditions set out at clause 1.3(a) above then the Seller is under no obligation to provide the Landscaping Works to the Buyer.
1.4 Buyer’s Acknowledgments
The Buyer acknowledges:
(a) the Landscaping Works do not include rockeries, retaining walls or any other type of landscaping treatments other than selected plants included as part of the Landscaping Works at the Seller’s absolute discretion;
(b) an approved street tree will be installed for each dwelling as per the City of Wanneroo Streetscape Policy and shall not be removed by the Buyer;
(c) turf will be installed to a minimum of 30% of the front landscaping and a maximum of 70% of the landscaped area;
(d) a 12-month warranty period covers faulty workmanship of the manufactured goods only including valves, sprinklers, controllers and pipework;
(e) this landscaping bonus is not transferable to a third party and will become null and void should the Property be on-sold to another party;
(f) should the Buyer for whatever reason decide not to take advantage of the front yard landscaping package there will be no cash paid in lieu to the Buyer or any monies paid toward other services or materials; and
(g) front verge irrigation and in the case of a corner lot, side verge irrigation, is to be connected to the Buyer’s mains water supply. Irrigation and landscaping installed will be the ongoing responsibility of the Buyer.
2. FENCING BONUS
2.1 Fencing Works
Subject to clauses 2.3 and 2.4 below, the Seller hereby agrees to provide and install Colorbond fencing with a Wavelok profile in Colorbond Dune® to the rear boundary and side boundary (up to the front building line) of the Property (“the Fencing Works”).
2.2 Completion of Fencing Works
Subject to the Buyer’s compliance with the terms and conditions of this annexure, the Fencing Works shall be completed by the Seller as soon as reasonably possible after the date that the Buyer provides the Seller with notice pursuant to clause 2.3(a)(iii) below.
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2.3 Conditions of Fencing Bonus
(a) This fencing bonus is subject to and conditional upon:
(i) the Buyer commencing construction of its residence on the Property within 12 months of the Settlement Date and completing construction of the residence within 24 months of Commencement;
(ii) the Buyer no later than 8 weeks prior to the completion of the residence providing the Seller with written notice of the completion; and
(iii) the Buyer not breaching any of the terms and conditions of this Contract including the restrictive covenants as set out in annexure B of this Contract.
(b) In the event that the Buyer does not comply with the conditions set out at clause 2.3(a) above then the Seller is under no obligation to provide the Fencing Works to the Buyer.
2.4 Buyer’s Acknowledgments
The Buyer acknowledges:
(a) that it shall not be entitled and agrees not to claim any amounts back from any adjoining lot owners for fencing supplied by the Seller;
(b) that, where the fencing is set directly into soil, the bottom of the fencing shall be set as close as reasonably possible to the “paving height” shown on the Buyer’s building plans. For the avoidance of doubt, this may result in a gap at the base of the fencing if the Property has a slope however the Buyer shall not make any Objection in relation to any such issues and furthermore the Buyer shall be solely responsible for any plinths, site works and/or retaining that the Buyer considers necessary as a result of any such issues;
(c) that, where the fencing is set into a retaining wall, the fence will be erected in the centreline of the retaining wall and may not be exactly on the boundary of the land, in which case the Buyer will not object and is not entitled to compensation for any loss of amenity or usable land;
(d) if the Seller has constructed a fence on any boundary of the Property prior to the Seller providing this fencing bonus then the Seller’s obligation under this fencing bonus shall be limited to constructing a boundary fence only on any unfenced boundary of the Property and, for the avoidance of doubt, the Seller shall not be required to adjust the height of any existing fencing relative to the “paving height” shown on the Buyer’s building plans or otherwise;
(e) this fencing bonus does not apply to and the Seller is under no obligation to provide fencing in relation to any section of a boundary that has a nil setback or any section of a boundary that an applicable detailed area plan indicates is not to be fenced;
(f) in the event that the Buyer does not comply with the conditions set out at clause 2.3(a) and the Seller does not provide the Fencing Works or the Seller does not supply the Fencing Works for any other reason, the Buyer agrees to erect fencing to the quality and standard as the fencing that would have been provided by the Seller as part of the Fencing Works;
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(g) that this fencing bonus is not transferable to a third party and will become null and void should the Property be on-sold to another party;
(h) that the Seller does not guarantee that the Fencing Works, if provided by the Seller pursuant to this clause, will be located on the exact boundary of the Property and the Buyer shall not make any Objection if the Fencing Works are not constructed on the exact boundary of the Property; and
(i) that the Seller or its contractor is not responsible to re-lay or replace paving or landscaping that is required to be removed to enable any Fencing Works to be installed.
Signed by the Buyer(s):
Buyer _______________________ Buyer _____________________
Witness _______________________ Witness _____________________
Date _______________________ Date _____________________
Signed by the Seller(s):
Seller _______________________ Seller _______________________
Witness _______________________ Witness _______________________
Date _______________________ Date _______________________
STAGE 9
ANNEXURE A
RELEASE PLAN AND DEPOSITED PLAN
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STAGE 9
ANNEXURE B
SPECIAL CONDITIONS
1. Special Conditions
(a) These Special Conditions form part of the Contract. If there is a provision in these Special Conditions which is inconsistent with a provision of the 2011 General Conditions, then the provision in these Special Conditions prevails to the extent of that inconsistency.
(b) Clauses 4.4, 4.5, 9 and 15 of the 2011 General Conditions are deleted from, and do not apply to, this Contract.
(c) Words not defined in these Special Conditions have the same meaning as those defined in the General Conditions.
(d) If the Seller is required to give any consent or approval under these Special Conditions, the Seller may do so at the Seller’s absolute discretion.
2. Buyer’s Acknowledgements
(a) The Buyer acknowledges that this clause is a notification of the existence of the market garden operations within 300 metres of the Land and the potential for possible nuisances relating to odours, noise, dust, spray drift, and the like that the market garden operations may cause.
(b) The Buyer acknowledges that there will be a notification pursuant to section 165 of the Planning and Development Act 2005 on the title to the Land which will constitute a Specified Encumbrance for the purposes of the General Conditions.
(c) The Buyer acknowledges a marketing incentive may be provided by the Seller to a participating building company or sales representative providing house and land packages.
3. Background
The purpose of these Special Conditions is to enhance the amenity of the Garden Park Heights subdivision of which the Land is a part.
4. Restrictive Covenants
The transfer of the Land will contain covenants in the following form or to the following effect:
4.1 Not to construct, erect or install or permit to be constructed, erected or installed on the Land:
(a) A residence unless it has a minimum Floor Area of:
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(i) 130m2 if the lot size is less than 400m2;
(ii) 150m2 if the lot size is between 400m2 and 500m2; or
(iii) 170m2 if the lot size is greater than 500m2.
(b) A residence which is not a permanent non-transportable residence.
(c) A residence or any alteration or addition to a residence:
(i) which does not have a front elevation comprised of a minimum of two different wall materials or two different wall colours;
(ii) subject to paragraphs (i) and (iii) using wall materials which are not either predominantly painted or rendered concrete, rendered masonry, clay bricks, limestone, natural coloured concrete blockwork, split face block feature walls, timber or weatherboard which has a stained or painted finish, fibre cement cladding, metal deck cladding custom orb and/or mini orb, reverse brick veneer or composite materials (including a mixture of fibre cement products) or other similar material finished in facework or render provided that each of those materials used comprises not less than ten per centum (10%) of the total front elevation wall area (excluding windows) of the residence;
(iii) if clay bricks are used for the external walls, where the clay bricks do not include at least one feature material such as weatherboard, weatherboard-look products, stone, rammed earth or rendered brickwork; and
(iv) using roof materials which are not concrete or clay tiles, colorbond or terracotta.
(d) A residence where the front façade does not face the primary street elevation.
(e) A residence which:
(i) does not have a minimum pitch of 24o for hipped and Gabled roofs;
(ii) does not have a minimum pitch of 10o and a maximum pitch of 15o for skillion roofs;
(iii) does not have any flat roofs which are not concealed from view from the primary/secondary street elevation or from any Public Reserve by a parapet wall;
(iv) does not have continuous eaves to a minimum dimension of 450 millimetres (including the width of the gutter) except:
A. on garages;
B. where zero lot construction occurs; or
C. with respect to minor incursions under eaves provided there is no opening such as a window or sliding door or, if there is such an opening, where the opening is to a non-habitable room such as a laundry, Bathroom or water closet; and
(v) has a curved roof.
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(f) A residence which does not have a front façade containing either:
(i) a Gable; or
(ii) a Gablet; or
(iii) a Portico with a minimum width of 1500 millimetres that projects forward from the main roof of the front of the residence; or
(iv) a feature blade wall; or
(v) a verandah with:
A. a minimum depth of 1500 millimetres which comprises a minimum of 50 percent of the front elevation of the residence; and
B. a minimum length of 2500 millimetres; or
(vi) a cement render finish to the walls of the front elevation of the residence.
(g) A residence which does not have a front façade containing a front entry feature such as:
(i) highlight glazing panels; or
(ii) the use of accent colours; or
(iii) feature lighting.
(h) A residence which does not have a front façade containing a Porch.
(i) If the residence has a skillion roof to the front elevation, a residence which does not have a minimum of two of the elements referred to in Special Condition 4.1(f).
(j) If the Land is a Corner Lot, a residence which does not address both streets through the inclusion of such features as:
(i) bay windows;
(ii) return verandahs;
(iii) detailed gabled ends to roofs; or
(iv) hi-lite windows to the secondary street.
(k) A residence which is greater than two storeys with the exception of a loft in the roof space.
(l) A residence where any wall on a zero lot line protrudes past the height of the gutter or extend forward of the building line.
(m) A residence where a colourbond roof does not use any of the following colours:
_______ ______
(i) Bushland;
(ii) Classic Cream;
(iii) Dune;
(iv) Ironstone;
(v) Jasper;
(vi) Pale Eucalypt;
(vii) Paperbark;
(viii) Sandbank;
(ix) Shale Grey;
(x) Surfmist;
(xi) Windspray; or
(xii) Woodland Grey.
(n) A residence which does not contain a double lock up garage making provision for parking of at least two motor vehicles.
(o) A garage:
(i) which is not located under the main roof of the residence;
(ii) which is positioned in front of the bulk street elevation by more than 1000 millimetres;
(iii) where the impact on the overall streetscape is not reasonably lessened, possibly though features such as the Portico (as set out in Special Condition 4.1(f)(iii)), Porch or other entry feature; and
(iv) where the visual impact of garage doors is not reasonably softened by, for example, installing timber or “timber look” garage doors or using two single garage doors separated by a pier.
(p) A residence, unless a driveway and crossover between the road and parking area on the Land are constructed and completed at the same time as, or prior to, occupation of the residence.
(q) A driveway:
(i) which is wider than 6 metres at the street boundary of the Land;
(ii) which is not constructed of brick, brick paving, exposed aggregate or poured limestone finish; and
(iii) which does not have a 90 millimetre diameter stormwater pipe installed under it to allow for the installation of irrigation.
(r) Any fence or wall to a corner lot side boundary facing a secondary street unless it is visually permeable above 1200mm or a picket fence.
_______ ______
(s) A residence unless all boundary fencing is constructed and completed at the same time as or prior to occupation of the residence.
(t) A letter box which is not located adjacent to the driveway, is not clearly numbered or does not match or complement the residence.
(u) An air conditioner or evaporative cooler, unless:
(i) Contained wholly within the residence; or
(ii) Installed generally below the ridge line of the roof and is of similar colour to the roof; or
(iii) Contained within the roof space between the ceilings of the residence and the underside of the roof of the residence.
(v) A solar hot water heater, unless it is screened from public view, fits the roof profile and is not elevated at any angle to the roof profile and otherwise matches or complements the residence.
(w) A clothes line, rain water tank or hot water unit except in accordance with the manufacturer’s instructions and which is not screened from public view.
(x) Any outbuilding (including any detached garage, workshop, garden shed, storage shed or other building) that is visible from the street.
(y) An antenna or satellite dish which is not installed in the roof space of the residence and which does not comply with all laws, rules and regulations of relevant authorities.
(z) A triple garage that is not set back from the double-garage to lessen the impact on the streetscape.
(aa) Any fence that is forward of the building line unless it is necessary for the return of an adjacent Corner Lot.
(bb) Any gate made of “super six” style corrugated fencing.
(cc) Any additional retaining on any existing retained boundaries.
4.2 Not to:
(a) park or allow to be parked on the Land or on the road or on any other land near to or next to the Land, any commercial vehicles (which have an aggregate weight greater than 3.5 tonnes or a height greater than 2.0 metres), trucks, caravans, trailers, boats, boat trailers or any other mobile machinery (“vehicles”) unless the vehicles are housed or contained wholly within a garage on the Land or are screened from public view; or
(b) carry out any repairs to, restoration of or wrecking of any vehicles parked on the Land or on the road or on any other land near to or next to the Land unless such repairs, restoration or wrecking is carried out wholly within a garage on the Land or are screened from public view; or
(c) permit any temporary structure to be placed on the Land,
(d) permit any advertising, signs, or hoardings to be placed on the Land,
_______ ______
(e) allow any rubbish disposal containers in front of the Building Line except on allocated bin clearance days,
(f) Allow any meter box to be placed on the front façade of the residence.
4.3 That where retaining walls or fences have been erected on any of the boundaries of the Land by the Seller, NOT to alter or remove any of the retaining walls or fences, NOT to allow or permit the retaining walls or fences to fall into a state of disrepair, and NOT to repair or renew such retaining walls or fences except in the same style and colour as the existing retaining walls and fences.
4.4 That within 12 months of the date of settlement of the homesite, the Buyer must have commenced construction of the residence. The Buyer must then complete construction of the residence within 24 months after commencement of construction. “Commencement” means that the slab has been poured.
4.5 That if retaining walls or fences have been erected on any boundaries of the Land by the Seller, NOT to alter the level of the surface of the Land by elevating the level by more than 200 millimetres.
4.6 Not to allow any landscaping on the Land facing any street to fall into disrepair.
4.7 Not to breach or cause to be breached the Agreed Structure Plan relating to the Land.
4.8 That the covenants herein contained shall operate and be enforceable until 31 December 2025 when such covenants will cease to have any further effect.
4.9 That the burden of these covenants shall run with each lot on the plan or diagram of subdivision for the benefit of every other lot on that plan or diagram. The covenants shall be enforceable against the Buyer and every subsequent registered proprietor of the Land, by the Seller and every subsequent registered proprietor of any other lot on the said plan or diagram of subdivision.
5. Term
These covenants shall subsist until 31 December 2025.
6. Seller’s option to repurchase
(a) Without prejudice to the Seller’s rights pursuant to General Condition 24, the Seller has the option to repurchase the Property at the price and in the manner set out below if the Buyer fails to complete construction of the residence on the Land within the period set out in Special Condition 4.4 or breaches or threatens to breach Special Condition 4.4.
(b) The Seller may exercise the option of repurchase at any time following the Buyer’s breach of Special Condition 4.4 or breach or threatened breach of Special Condition 4.4 by giving written notice of the exercise of the option of repurchase to the Buyer.
(c) The repurchase price to be paid by the Seller will be the lower of the amounts calculated by:
(i) adding to the Purchase Price the cost of all fixed improvements to the Property constructed or effected by the Buyer and deducting the amount of the agent’s selling commission on the sale of the Property by the Seller to the Buyer;
_______ ______
(ii) deducting the agent’s selling commission on the sale of the property by the Seller to the Buyer from the current market value of the Property and all fixed improvements to the property (if any) constructed or effected by the Buyer PROVIDED ALWAYS that the cost of fixed improvements constructed or effected in breach of these Special Conditions shall not be taken into account in determining the repurchase price.
(d) Any dispute as to the cost of fixed improvements to the Property will be submitted to the decision of a single arbitrator in accordance with General Condition 25. Any dispute as to the current market value of the Property together with all fixed improvements (if any) will be determined by the nominee of the President for the time being of the Australian Property Institute, a Licensed Valuer with at least 5 years’ relevant experience in valuing land similar to the Land, who will act as an expert and his decision will be final and binding.
(e) Upon the exercise of the option to repurchase:
(i) The Seller will prepare and submit to the Buyer who, as transferor, will execute forthwith a registrable transfer of the Property to the Seller as transferee;
(ii) The repurchase price must be paid by the Seller and possession given by the Buyer in exchange for delivery to the Seller of the duly registrable transfer and the duplicate Certificate of Title within one month after the date of service of the notice exercising the option;
(iii) Rates and taxes will be adjusted as at the date that the Seller retakes possession of the property; and
(iv) The Buyer will pay the costs of preparation and registration of the transfer and all stamp duties and registration fees on it; and
(v) The Buyer irrevocably appoints the Seller and every officer and employee of the Seller (jointly and severally) to be the agent and attorney of the Buyer in the Buyer’s name and on the Buyer’s behalf to execute a transfer of the property from the Buyer to the Seller and to do all other things necessary to transfer the Property to the Seller, if the option of repurchase is exercised by the Seller pursuant to this condition. The Buyer ratifies and confirms and agrees to ratify and confirm all that the attorney does or causes to be done under this condition.
(vi) The 2009 General Conditions will be deemed to be incorporated in the contract of repurchase and will apply to any repurchase of the Property pursuant to this Special Condition so far as they are not varied by or inconsistent with the express terms of this Contract.
(f) The Buyer charges the property in favour of the Seller with the due performance of the Buyer’s obligations under Special Condition 4.4 and the Buyer acknowledges that the Seller is entitled to lodge a caveat (whether expressed to be absolute or otherwise) over the title to the Land to give notice of its rights under this Contract provided that in doing so the Seller agrees to withdraw upon demand the caveat upon the Buyer completing the construction of the residence in accordance with the obligations and requirements of these Special Conditions.
7. Buyer’s Covenants
_______ ______
(a) The Buyer must not agree to sell, transfer or dispose of its interest in the Land before the Buyer completes construction of the residence without ensuring that the subsequent buyer enters into an agreement with the Seller to complete construction of a residence within the 24 month time frame set out in Special Condition 4.4 or within a time frame as agreed with the Seller.
8. GST
The Buyer and Seller agree that the Purchase Price was negotiated on the basis that it includes GST with that GST being calculated on the basis that the Seller has elected to apply the Margin Scheme.
9. Definitions
In this contract the following words have the following meaning:
(a) “Agreed Structure Plan” means the structure plan lodged with City of Wanneroo and Western Australian Planning Commission (“WAPC”) relating to the subdivision and development to the Seller’s land of which the Land forms part and which forms part of the subdivision approval granted by WAPC to the Seller;
(b) “Building Line” means:
(i) The line of the front face of the bricks of the front wall of the residence; or
(ii) Where the line of the front face of the bricks of any residence on a lot adjoining the Land is constructed behind the Building Line of the residence, then the Building Line of the residence is the same as that Building Line of the residence on the lot adjoining the Land;
(c) “Constructed” means:
(i) Built, erected, installed or carried out; and
(ii) Permitted to be built, erected, installed or carried out, on the Land;
(d) “Corner Lot” means a lot located at the junction of two streets or at the junction of a street and public reserve or lane;
(e) “Floor Area” means the area between the external walls of the residence including any alfresco area under the main roof of the residence but excluding patios, pergolas and garages;
(f) “Gable” means a triangular top section of a wall on a building with a pitched roof;
(g) “Gablet” means a small Gable, such as in a Gambrel Roof;
(h) “Gambrel Roof” means a roof having a small Gable near the apex of a hipped end;
(i) “Outbuilding” means a building or buildings erected or constructed on the Land which is not part of the residence or the garage;
(j) “Porch” means an indentation in the floor plan resulting in an area of overhanging roof where the front door is located;
_______ ______
(k) “Portico” means a narrow verandah or colonnade projecting from the front entrance of the dwelling;
(l) “primary street” means the street which is directly opposite the main front door of the residence;
(m) “Public Reserve” means any parkland, bushland or wetland designated as public open space within the estate of which the Land forms part;
(n) “residence” means a building constructed for private residential occupation which may be a single residence or part of a duplex or other multiple development and may be more than one storey in height, depending on the density requirements of the City of Wanneroo and WAPC; and
(o) “secondary street” means a street which runs along the side of the residence and is not a primary street.
10. Specified Encumbrances
For the purposes of this contract the Buyer acknowledges that the following are Specified Encumbrances:
(a) Any notification pursuant to Special Condition 2; and
(b) Restrictive Covenant in accordance with Special Condition 4.
Signed by the Buyer(s):
Buyer _______________________ Buyer _____________________
Witness _______________________ Witness _____________________
Date _______________________ Date _____________________
Signed by the Seller(s):
Seller _______________________ Seller _______________________
Witness _______________________ Witness _______________________
Date _______________________ Date _______________________
_______ ______
_______ ______
STAGE 9 – PROMOTION PACKAGE
ANNEXURE C
FRONT LANDSCAPING AND FENCING BONUSES
1. LANDSCAPING BONUS
1.1 Front Landscaping Works
Subject to clauses 1.3 and 1.4 below, the Seller hereby agrees to provide the design, supply and installation of landscaping to the front and side verge area (if applicable) of the Property and to the front garden area of the Property forward of the front building line, comprising planting beds, selected plants, turf and an irrigation system by a reputable landscape contractor nominated by the Seller. For the avoidance of doubt, any turf installed will be ‘Soft Leaf Buffalo’ instant roll-on turf and prior to installation of the turf, the soil beneath the turf area will be prepared with soil conditioner (collectively “the Landscaping Works”).
1.2 Completion of Landscaping Works
Subject to the Buyer’s compliance with the terms and conditions of this annexure, the Landscaping Works shall be completed by the Seller as soon as reasonably possible after the date that the Buyer provides the Seller with notice pursuant to clause 1.3(a)(iii) below and the Buyer having the site suitably prepared for the Landscaping Works.
1.3 Conditions of Landscaping Bonus
(a) This landscaping bonus is subject to and conditional upon:
(i) the Buyer commencing construction of its residence on the Property within 12months of the Settlement Date and completing construction of the residencewithin 24 months of Commencement;
(ii) the Buyer, no later than 8 weeks prior to the completion of the residence,providing the Seller with written notice of the completion;
(iii) the Buyer removing all rubbish and rubble and levelling the area to begrassed and reticulated in preparation for the Landscaping Works tocommence. Where any proposed turfed area meets the kerb, driveway orpath, the Buyer must ensure that the final level of the soil is approximately 40millimetres below the top of that hard area of kerb, driveway or path;
_______ ______
(iv) the Buyer installing a 90 millimetres PVC stormwater pipe beneath the driveway. The storm water pipe will assist in minimising disruption to paving which may otherwise occur during installation of the irrigation system; and
(v) the Buyer not breaching any of the terms and conditions of this Contract including the restrictive covenants as set out in annexure B of this Contract.
(b) In the event that the Buyer does not comply with the conditions set out at clause 1.3(a) above then the Seller is under no obligation to provide the Landscaping Works to the Buyer.
1.4 Buyer’s Acknowledgments
The Buyer acknowledges:
(a) the Landscaping Works do not include rockeries, retaining walls or any other type of landscaping treatments other than selected plants included as part of the Landscaping Works at the Seller’s absolute discretion;
(b) an approved street tree will be installed for each dwelling as per the City of Wanneroo Streetscape Policy and shall not be removed by the Buyer;
(c) turf will be installed to a minimum of 30% of the front landscaping and a maximum of 70% of the landscaped area;
(d) a 12-month warranty period covers faulty workmanship of the manufactured goods only including valves, sprinklers, controllers and pipework;
(e) this landscaping bonus is not transferable to a third party and will become null and void should the Property be on-sold to another party;
(f) should the Buyer for whatever reason decide not to take advantage of the front yard landscaping package there will be no cash paid in lieu to the Buyer or any monies paid toward other services or materials; and
(g) front verge irrigation and in the case of a corner lot, side verge irrigation, is to be connected to the Buyer’s mains water supply. Irrigation and landscaping installed will be the ongoing responsibility of the Buyer.
2. FENCING BONUS
2.1 Fencing Works
Subject to clauses 2.3 and 2.4 below, the Seller hereby agrees to provide and install Colorbond fencing with a Wavelok profile in Colorbond Dune® to the rear boundary and side boundary (up to the front building line) of the Property (“the Fencing Works”).
2.2 Completion of Fencing Works
Subject to the Buyer’s compliance with the terms and conditions of this annexure, the Fencing Works shall be completed by the Seller as soon as reasonably possible after the date that the Buyer provides the Seller with notice pursuant to clause 2.3(a)(iii) below.
_______ ______
2.3 Conditions of Fencing Bonus
(a) This fencing bonus is subject to and conditional upon:
(i) the Buyer commencing construction of its residence on the Property within 12 months of the Settlement Date and completing construction of the residence within 24 months of Commencement;
(ii) the Buyer no later than 8 weeks prior to the completion of the residence providing the Seller with written notice of the completion; and
(iii) the Buyer not breaching any of the terms and conditions of this Contract including the restrictive covenants as set out in annexure B of this Contract.
(b) In the event that the Buyer does not comply with the conditions set out at clause 2.3(a) above then the Seller is under no obligation to provide the Fencing Works to the Buyer.
2.4 Buyer’s Acknowledgments
The Buyer acknowledges:
(a) that it shall not be entitled and agrees not to claim any amounts back from any adjoining lot owners for fencing supplied by the Seller;
(b) that, where the fencing is set directly into soil, the bottom of the fencing shall be set as close as reasonably possible to the “paving height” shown on the Buyer’s building plans. For the avoidance of doubt, this may result in a gap at the base of the fencing if the Property has a slope however the Buyer shall not make any Objection in relation to any such issues and furthermore the Buyer shall be solely responsible for any plinths, site works and/or retaining that the Buyer considers necessary as a result of any such issues;
(c) that, where the fencing is set into a retaining wall, the fence will be erected in the centreline of the retaining wall and may not be exactly on the boundary of the land, in which case the Buyer will not object and is not entitled to compensation for any loss of amenity or usable land;
(d) if the Seller has constructed a fence on any boundary of the Property prior to the Seller providing this fencing bonus then the Seller’s obligation under this fencing bonus shall be limited to constructing a boundary fence only on any unfenced boundary of the Property and, for the avoidance of doubt, the Seller shall not be required to adjust the height of any existing fencing relative to the “paving height” shown on the Buyer’s building plans or otherwise;
(e) this fencing bonus does not apply to and the Seller is under no obligation to provide fencing in relation to any section of a boundary that has a nil setback or any section of a boundary that an applicable detailed area plan indicates is not to be fenced;
(f) in the event that the Buyer does not comply with the conditions set out at clause 2.3(a) and the Seller does not provide the Fencing Works or the Seller does not supply the Fencing Works for any other reason, the Buyer agrees to erect fencing to the quality and standard as the fencing that would have been provided by the Seller as part of the Fencing Works;
_______ ______
(g) that this fencing bonus is not transferable to a third party and will become null and void should the Property be on-sold to another party;
(h) that the Seller does not guarantee that the Fencing Works, if provided by the Seller pursuant to this clause, will be located on the exact boundary of the Property and the Buyer shall not make any Objection if the Fencing Works are not constructed on the exact boundary of the Property; and
(i) that the Seller or its contractor is not responsible to re-lay or replace paving or landscaping that is required to be removed to enable any Fencing Works to be installed.
Signed by the Buyer(s):
Buyer _______________________ Buyer _____________________
Witness _______________________ Witness _____________________
Date _______________________ Date _____________________
Signed by the Seller(s):
Seller _______________________ Seller _______________________
Witness _______________________ Witness _______________________
Date _______________________ Date _______________________
PROPOSEDPUBLIC OPEN
SPACE3001
PROPOSEDPUBLIC OPEN
SPACE3000
631
632
633
634
635
636
232 620
618
617
616
615
614
613
612
611
610
609
608
607
606
619
1000m2
1000m2
1000m2
1000m2
1000m2
1000m2
30.4
30.4
32.9
30.4
30.4
32.9
30.4
30.4
32.9
30.4
30.4
32.9
30.4
30.4
32.9
30.4
30.4
32.9
510m2510m2510m2 450m2450m2 375m2375m2375m2375m2510m2450m2375m2375m2
342m2
324m2
1515
158.98
9
8.5171717 1515 12.512.517 12.512.51512.512.516.792
22.802458m2
13.5
17
30
30.203
348
349
350
351
389
390
391
392
367m2 373m2 374m2 372m2 359m2374m2373m2367m2
21.836
4.2 4.2
24.864
24.928
24.992
22.179
21.836
24.864
24.928
24.992
19.032
15 15 15
15 15
1515 15 15
1511.931 11.93115 12.13 9.0844.2 8.5
15
654320m2
16.8
8.501
415.9
6.2
697
694
698
693
8.988
8.499
15.02 15.02 12.5
12.5 12.5
12.5 12.5
12.5
12.5
12.5 1.411.9
13
11.75
22.39
29.2
30 30 30 30 30 30
1715
1515
696
699
695
700
393m2450m2444m2414m2 375m2375m2375m2375m2 670
639
646637
638
645
653
649
648
641
642
644
640
643
650 651
652344m2
322m2
1007m2
1000m2
323m2
510m2510m2510m2 450m2450m2 375m2375m2375m2375m2510m2450m2375m2375m2
319m2
342m2
630
629647
30 30 30 30 30 30 30 30 30 30 30 30 30
17171717 15
1515
13.43715
2.25
32.937
30.395
30.395
14.1
14.1
15 12.512.5
17 22.926
22.966
22.99
17.054 17.808
32.9
32.9
9.015
5.9
12.03
6.044
8.632
1717 1515 12.512.5
12.512.5
17 12.512.5
15
151515
1.88.79
9
6.412.512.5
1512.512.522.802
22.802
16.801
NANDINA AVENUE
GAZANIA STREET
BEGONIA STREET
PANDOREA PARADELO
MA
ND
RA
RIS
E
POLY
GA
LAW
AY
GR
IFFI
THS
RO
AD
VINCENT ROAD
VIO
LAA
PPR
OA
CH
VIB
UR
NU
MD
RIV
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GR
IFFI
THS
STR
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BIBBULMUN ENTRANCE
ROAD
ROAD
ROAD
ROAD
RO
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ROAD
ROAD
ROAD
ROAD
ROAD
RO
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*
CLIVIA HEIGHTS
RH
OEO
OU
TLO
OK
WAYPANOLA
WAYNERIUM
DAMPERIA
PARKWAY
CO
RD
YLI
NE
ENTR
AN
CE
SAPONARA
DRIVE
LIR
IOPE
PAR
KWAY
LIRIOPE
VIE
WB
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S
DIA
NEL
LALI
NK
RIS
EPL
UM
ERIA
*
*
*
*
*
*
**
*
*
DRIVE
SAPONARA
GREEN
AZA
LEA
Stage 8A Stage 8B Stage 9
Established Residence (Stage 1-7) Future Stages
David Gibbons 0488 008 009 [email protected] | gardenpark.com.au
Information Centre
Masterplan
N
Road names, retaining walls, lot height, road carriageways, footpaths, engineering details and landscaping are all subject to final approval. The plan is a concept plan and is for illustrative purposes only. The area, lot size, configuration, dimensions, position, design, layout, number of numbering of any lots, roads, parks, reserves and services or facilities shown on this plan may change. Any information that has facilities shown on this plan may change. Any information which has been or may in the future be made available to Applicants has or will be supplied on the clear understanding that while every care has been taken with its preparation, no responsibility is accepted by the Developer or any person employed or engaged by the Developer for the accuracy or completeness of such information. Applicants are advised to make their own enquires and satisfy themselves in all respects prior to the sale. Updated 7 March 2018
Sinagra
PROPOSEDPUBLIC OPEN
SPACE3001
PROPOSEDPUBLIC OPEN
SPACE3000
697
694
698
693
8.988
8.499
15.02 15.02 12.5
12.5 12.5
12.5 12.5
12.5
12.5
12.5 1.411.9
13
11.75
22.39
29.2
30 30 30 30 30 30
1715
1515
696
699
695
700
393m2450m2444m2414m2 375m2375m2375m2375m2
NANDINA AVENUE
GAZANIA STREET
BEGONIA STREET
PANDOREA PARADE
LOM
AN
DR
AR
ISE
POLY
GA
LAW
AY
GR
IFFI
THS
RO
AD
VINCENT ROAD
VIO
LAA
PPR
OA
CH
VIB
UR
NU
MD
RIV
E
GR
IFFI
THS
STR
EET
BIBBULMUN ENTRANCE
ROAD
ROAD
ROAD
ROAD
RO
AD
ROAD
ROAD
ROAD
ROAD
ROAD
RO
AD
*
CLIVIA HEIGHTS
RH
OEO
OU
TLO
OK
WAYPANOLA
WAYNERIUM
DAMPERIA
PARKWAY
CO
RD
YLI
NE
ENTR
AN
CE
SAPONARA
DRIVE
LIR
IOPE
PAR
KWAY
LIRIOPE
VIE
WB
IETE
S
DIA
NEL
LALI
NK
RIS
EPL
UM
ERIA
*
*
*
*
*
*
**
*
*
DRIVE
SAPONARA
GREEN
AZA
LEA
Stage 8ARoad names, retaining walls, lot height, road carriageways, footpaths, engineering details and landscaping are all subject to final approval. The plan is a concept plan and is for illustrative purposes only. The area, lot size, configuration, dimensions, position, design, layout, number of numbering of any lots, roads, parks, reserves and services or facilities shown on this plan may change. Any information that has facilities shown on this plan may change. Any information which has been or may in the future be made available to Applicants has or will be supplied on the clear understanding that while every care has been taken with its preparation, no responsibility is accepted by the Developer or any person employed or engaged by the Developer for the accuracy or completeness of such information. Applicants are advised to make their own enquires and satisfy themselves in all respects prior to the sale. Updated 7 March 2018
David Gibbons 0488 008 009 gardenpark.com.au
PROPOSEDPUBLIC OPEN
SPACE3001
PROPOSEDPUBLIC OPEN
SPACE3000
670
639
646637
638
645
653
649
648
641
642
644
640
643
650 651
652344m2
322m2
1007m2
1000m2
323m2
510m2510m2510m2 450m2450m2 375m2375m2375m2375m2510m2450m2375m2375m2
319m2
342m2
630
629647
30 30 30 30 30 30 30 30 30 30 30 30 30
17171717 15
1515
13.43715
2.25
32.937
30.395
30.395
14.1
14.1
15 12.512.5
17 22.926
22.966
22.99
17.054 17.808
32.9
32.9
9.015
5.9
12.03
6.044
8.632
1717 1515 12.512.5
12.512.5
17 12.512.5
15
151515
1.88.79
9
6.412.512.5
1512.512.522.802
22.802
16.801
NANDINA AVENUE
GAZANIA STREET
BEGONIA STREET
PANDOREA PARADE
LOM
AN
DR
AR
ISE
POLY
GA
LAW
AY
GR
IFFI
THS
RO
AD
VINCENT ROAD
VIO
LAA
PPR
OA
CH
VIB
UR
NU
MD
RIV
E
GR
IFFI
THS
STR
EET
BIBBULMUN ENTRANCE
ROAD
ROAD
ROAD
ROAD
RO
AD
ROAD
ROAD
ROAD
ROAD
ROAD
RO
AD
*
CLIVIA HEIGHTS
OU
TLO
OK
WAYPANOLA
WAYNERIUM
DAMPERIA
PARKWAY
ENTR
AN
CE
SAPONARA
DRIVE
LIR
IOPE
PAR
KWAY
LIRIOPE
VIE
WB
IETE
S
DIA
NEL
LALI
NK
RIS
EPL
UM
ERIA
*
*
*
*
*
*
**
*
*
DRIVE
SAPONARA
GREEN
AZA
LEA
Stage 8BRoad names, retaining walls, lot height, road carriageways, footpaths, engineering details and landscaping are all subject to final approval. The plan is a concept plan and is for illustrative purposes only. The area, lot size, configuration, dimensions, position, design, layout, number of numbering of any lots, roads, parks, reserves and services or facilities shown on this plan may change. Any information that has facilities shown on this plan may change. Any information which has been or may in the future be made available to Applicants has or will be supplied on the clear understanding that while every care has been taken with its preparation, no responsibility is accepted by the Developer or any person employed or engaged by the Developer for the accuracy or completeness of such information. Applicants are advised to make their own enquires and satisfy themselves in all respects prior to the sale. Updated 7 March 2018
David Gibbons 0488 008 009 gardenpark.com.au
PROPOSEDPUBLIC OPEN
SPACE3001
PROPOSEDPUBLIC OPEN
SPACE3000
631
632
633
634
635
636
232 620
618
617
616
615
614
613
612
611
610
609
608
607
606
654619
1000m2
320m2
1000m2
1000m2
1000m2
1000m2
1000m2
30.4
30.4
32.9
32.9
30.4
30.4
32.9
30.4
30.4
32.9
30.4
30.4
32.9
30.4
30.4
32.9
30.4
30.4
32.9
510m2510m2510m2 450m2450m2 375m2375m2375m2375m2510m2450m2375m2375m2
342m2
324m2
1515
158.98
9
8.517 16.8 8.5
01
4
1717 1515 12.512.517 12.512.51512.512.516.792
22.802458m2
13.5
17
30
30.203
348
349
350
351
389
390
391
392
367m2 373m2 374m2 372m2 359m2374m2373m2367m2
21.836
4.2 4.2
24.864
24.928
24.992
22.17
9
21.836
24.864
24.928
24.992
19.032
15 15 15
15 15
1515 15 15
1511.931 11.93115 12.13 9.0844.2 8.5
15
3030303030303030303030303030
15.9 6.
2
17
22.966
1717 1515 12.512.517 12.512.51512.512.522.802
NANDINA AVENUE
GAZANIA STREET
BEGONIA STREET
PANDOREA PARADE
LOM
AN
DR
AR
ISE
POLY
GA
LAW
AY
GR
IFFI
THS
RO
AD
VINCENT ROAD
VIO
LAA
PPR
OA
CH
VIB
UR
NU
MD
RIV
E
GR
IFFI
THS
STR
EET
BIBBULMUN ENTRANCE
ROAD
ROAD
ROAD
ROAD
RO
AD
ROAD
ROAD
ROAD
ROAD
ROAD
RO
AD
*
CLIVIA HEIGHTS
RH
OEO
OU
TLO
OK
WAYPANOLA
WAYNERIUM
DAMPERIA
PARKWAY
ENTR
AN
CE
SAPONARA
DRIVE
LIR
IOPE
PAR
KWAY
LIRIOPEV
IEW
BIE
TES
DIA
NEL
LALI
NK
RIS
EPL
UM
ERIA
*
*
*
*
*
*
**
*
*
DRIVE
SAPONARA
GREEN
AZA
LEA
David Gibbons 0488 008 009 gardenpark.com.auStage 9
Road names, retaining walls, lot height, road carriageways, footpaths, engineering details and landscaping are all subject to final approval. The plan is a concept plan and is for illustrative purposes only. The area, lot size, configuration, dimensions, position, design, layout, number of numbering of any lots, roads, parks, reserves and services or facilities shown on this plan may change. Any information that has facilities shown on this plan may change. Any information which has been or may in the future be made available to Applicants has or will be supplied on the clear understanding that while every care has been taken with its preparation, no responsibility is accepted by the Developer or any person employed or engaged by the Developer for the accuracy or completeness of such information. Applicants are advised to make their own enquires and satisfy themselves in all respects prior to the sale. Updated 7 March 2018
0 12525
ALL DISTANCES ARE IN METRES
SCALE 1 : 1250 @ A2
1516.82
32.9
292.24
4
258.87
5
125.638
54.749
17.89615
158.5
292.26
6
85.505
84.221
322.32
9
211.213
111.398
70.547
16.608
630
640641
644645
648649
650
952595269527
89^59
’43"
89^44’3
7"
89^59’54"
90^15’40"
90^16’24"
90^1’18"89^59
’4"
90^
224^
52’40"225^
13’3" 270^
(322
.207
)
(421.072)
(221.855)
90^
PATERSON TUDOR OWEN & PARKERCONSULTING SURVEYORS
P 08 9328 1111F 08 9227 5206E [email protected] 8 Davies StreetNorthbridge WA 6003
Director: Robert Tudor OwenLicensed Surveyor
N
639638
637
642643
646647 651
652
653
629
123
120
121
122
P 12916
P 12916
P 12916
P 12916
HELD BY LANDGATE IN DIGITAL FORMAT ONLY
SUBJECT TO
FILE
FORMER TENURE
D.O.L. FILE
LOCAL AUTHORITY
LOCALITY
PURPOSE
PLAN OF
TYPE VER. AMENDMENT AUTHORISED BY DATE
DEPOSITED PLAN
SHEET 1 OF 2 SHEETSVERSION 1
408368
INSPECTOR OF PLANS AND SURVEYS DATE(S. 18 Licensed Surveyors Act 1909)
IN ORDER FOR DEALINGS
INSPECTOR OF PLANS AND SURVEYS DATE
WESTERN AUSTRALIAN PLANNING COMMISSION
Delegated under S.16 P&D Act 2005 DATE
EXAMINED
DATE
I.S.C.
LODGED
DATE FEE PAID ASSESS No.
SURVEYOR’S CERTIFICATE - REG 54I, hereby certify that this plan is accurate and is a correctrepresentation of the - (a) *survey; and/or (b) *calculations from measurements recorded in the field records,
[* delete if inapplicable]undertaken for the purposes of this plan and that itcomplies with the relevant written law(s) in relation towhich it is lodged.
LICENSED SURVEYOR DATE
FIELD RECORD
A2 O
RIG
INA
L
SUBJECT PURPOSE STATUTORY REFERENCE ORIGIN LAND BURDENED BENEFIT TO COMMENTS
INTERESTS AND NOTIFICATIONS
FREEHOLD
SUBDIVISION
(PLUS SURVEY SHEET(S))
AMENDMENTS TABLE (PLAN GRAPHICS ONLY)S.S.A. YES
APPROVED - Reg 26A (4)
11.901
M.G.R. M.G.R.
M.G.R.M.G.R.M.G.R.M.G.R.
6.5435 ha. 2.4802 ha. 3.4371 ha.
GRIFFITH
S RO
AD
NANDINAAVENUE
SEE FORMER TENURE TABLE
CITY OF WANNEROO
SINAGRA
122105
149241
TITLELOT FORMER TENURE??-???
ON PLAN / DIAGRAMFORMER TENURE TABLE
LOTS 637 - 6409527 LOTS 642 - 6469526 LOTS 629, 630648 - 653, 9525 LOT 641 LOT 647
12D 71019
1665DP 103478
Pt. LOT 180 Pt. LOT 17 Pt. LOT 500 Pt.LOT 17Pt. LOT 180 Pt. LOT 17Pt. LOT 500
DP 400034 D 41133 DP 400035 D 41133DP 400034 D 41133DP 400035
SURVEY CARRIED OUT UNDER REG 26ASPECIAL SURVEY AREA GUIDELINES
SURVEY MARKS SHOWN ON THIS SHEET ARE INDICATIVEONLY. USE THE SURVEY SHEET/S WHEN DETERMINING
THE POSITION AND TYPE OF ALL SURVEY MARKS PLACED.
19P 8404
SEE SHEET 2
LIMITED IN DEPTH TO 60.96 METRESVINCENT ROAD
14.1
18.666
30.395
32.937
17.808
13
670
269^5
9’58"
180^
0’2"15
11.75
LOTS 629, 630,637 - 653 (inc.), 6709525 - 9527 (inc.)
AND ROADS
VIOL
AAP
PROA
CH
162^20’24"
15
32.937
32.9
17.808
13.437
9.015
6.79
45.9
5.23
6
32.9
30.395
30.395
22.802
16.801
15
8.79
9
30 30
12.5
12.5
30
12.5
12.5
30
15
15
30
17
17
30
12.5
12.5
30
12.5
12.5
30
15
15
30
17
17
30
12.5
12.5
30
12.5
12.5
30
15
15
30
17
17
30
17
17
22.99
17.054
15
22.926
1515
22.866
14.1
14.1
292.24
4
258.87
5
54.749
18.866
17.896
15
8.5
6.2
292.26
6
85.505
111.398
70.547
15
11.901
7.7
629
630
670
638 639 640 641 642 643 644 645 646 647 648 649 650
651
652
653
9525
9526
9527
89^59
’43"
89^44’3
7"
150^
29’10
"
137^10
’26" 10
7^39’34
"
90^
160^46’
144^7’160^53’42"
89^45’2
1"90^
90^
90^
90^
90^
90^
90^
90^
90^
90^
90^
90^
90^
90^90^
90^
224^
52’40"
225^13’3"
224^46’57"
89^45’21"
89^45’2
1"
89^45’2
1"
90^
90^
90^ 90^
90^
90^90^90^
90^90^
90^90^
90^90^
90^
90^
90^
164^27’57"
270^
1007m|
1000m|
319m|
375m| 375m| 450m| 510m| 375m| 375m| 450m| 510m| 375m| 375m| 450m| 510m| 510m|
322m|
344m|
323m|
6.54
6
1.82
6.41.8
8.632
6.044
2.25
8.501
168^31’35"
215^20’52"
225^0’3"
99^39’5"
225^7’19"
213^38
’55"
269^45’21"
N
PATERSON TUDOR OWEN & PARKERCONSULTING SURVEYORS
P 08 9328 1111F 08 9227 5206E [email protected] 8 Davies StreetNorthbridge WA 6003
Director: Robert Tudor OwenLicensed Surveyor
0
ALL DISTANCES ARE IN METRES
5010 SCALE 1:600 @ A2
2.4802 ha.
3.4371 ha.
6.5435 ha.
12.03
(16.82)
15
4
22.866
14.1
18.8666.2
224^46’57"
270^90
^
89^45’21"
8.501
3.68
5135^7’20"
5.998 5.99
84
4
90^14’39"
653
9525
15 15
15
SEEENLG. ’X’
VINCENT ROAD
(322
.207
)
ENLARGEMENT ’X’NOT TO SCALE
GRIFFITH
S
RO
AD
NANDINAAVENUE
GRIFFITH
S
R
OAD
HELD BY LANDGATE IN DIGITAL FORMAT ONLY
FOR HEADING SEE SHEET 1
DEPOSITED PLAN
SHEET 2 OF 2 SHEETSVERSION 1
408368
LICENSED SURVEYOR DATE
SURVEY CARRIED OUT UNDER REG 26ASPECIAL SURVEY AREA GUIDELINES
SURVEY MARKS SHOWN ON THIS SHEET ARE INDICATIVEONLY. USE THE SURVEY SHEET/S WHEN DETERMINING
THE POSITION AND TYPE OF ALL SURVEY MARKS PLACED.
LIMITED IN DEPTH TO 60.96 METRES
90^
90^
90^20’23"
90^
8.5
6.023
6.02
3
224^
52’40"
225^13’3"
90^14’39"89^39’37
"NANDINAAVENUE
90^15
89^4
5’21"
(221.855)105^32’3"
123P 12916
122P 12916
JoinsSheet 1
JoinsSheet 1
JoinsSheet 1
JoinsSheet 1
15
22.80290^
90^
637
342m|
90^
90^
15
15
11.75
5.055.3
13
90^0’2
"
180^
0’2"
162^20’24"
VIOL
AAP
PROA
CH
1.608(16.608)
Lot Number Part Register Number Section
232
349
351
390
392
607
609
611
613
615
617
619
631
633
635
654
9530
2929/675
2929/677
2929/679
2929/681
2929/683
2929/685
2929/687
2929/689
2929/691
2929/693
2929/695
2929/697
2929/699
2929/701
2929/703
2929/705
2929/707
Lot Number Part
348
350
389
391
606
608
610
612
614
616
618
620
632
634
636
9529
9531
Register F*
2929/676
2929/678
2929/680
2929/682
2929/684
2929/686
2929/688
2929/690
2929/692
2929/694
2929/696
2929/698
2929/700
2929/702
2929/704
2929/706
2929/708
Section
LANDGATE COPY OF ORIGINAL NOT TO SCALE Mon Jul 1 0 09:07:53 2017 JOB 54329439
r 1o n ^ rr<i t<a i*r'1
i VIOLA_J VIOLAAPPROACH! APPROACH
LANDGATE COPY OF ORIGINAL NOT TO SCALE Mon JuMO 09:07:53 2017 JOB 54329439Landgate
T ton A rr^ f/i -1*70 /T/"ti
SURVEY CARRIED OUT UNDER REG 26ASPECIAL SURVEY AREA GUIDELINES
MARKS SHOWN ON THIS SHEET ARE INDICATIVE ONLY.USE THE SURVEY SHEET(S) WHEN DFTERMtNtNG THEPOSmON AND TfPE OF ALL SURVEY MARKS PLACED.
FOR HEADING SEE SHEET 1
LIMITED IN DEPTH TO 60.96 METRES
Brown McAllister Surveyors 'u5eS£i"sSSS'Land Devetcpment & Strata ConsuKan's !
: admin® brownmcal1ister.com.au
13 Broadmy, Nedlands WA 6009Tel: (08) 9386 9688OurRel:16580.9DPjev1
Fax: 108) 9386 3677Oate: 09/06/2017
<^tl*^a^l|t^7u315'!§>-
LOT
232PT 615
616.620(inci,}9531
348 - 350 (ind.)PT 351PT 609
610.614 (ind.)PT 615S530
PT 351389.392 (Ind.)G06 • 608 (Ind.)
PT 609631-636(hd.|
6549529
FORMER TENURE
LOT 9528
LOT 952G
LOT 9525
ON PLAN/DIASRAM
DP410331
DP4083G8
DP408368
TRIE
2912/60
2902)480
2902/479
9531
IMTERESTS AND NOTIFICATIONS
<l!s
t—
UL
^ CECT
a<0ec
15
§ 636* 3S.9
9529<<ci-
^\•f" Ye
^s-sw^
^ i\vv<?»? I ~\.?'''•;'-{» ' t®.-"'^
ENLARGEMENTWNOT TO SCALE
,»•<"<'
SUBJECT
s><®
®><E>
(EX)
©
PURPOSE
COVENANT
COVENANT
COVENANT
RESTRICTIVE COVENAMT
RIGHT OF CARRIA6EWAY
NOTIFICATION
STATUTORY REFERENCE
SEC1500FTHEP&DACT
SEC1500FTHEP&DACT
SEC1500FTtiEP&DACT
SEC136DOFTHETIA
SEC13GCOFTHETLA
SECieSOFTHEPiDACT
ORIGIN
THIS PLAN
THIS PLAN
THIS PLAN
THIS PLAN &300. N657947
THIS PLAN
30C.NS57946
LAND BURDENED
LOT 632
LOT 634
LOT 636
LOTS 232,348 - 351 (incl), 3fl9 - 392 (ifld.).606-620 (Inci,), 631 • 636 (IncS.), & 654,
LOT 9529
LOTS 232,349 • 351 (inc!.), 389 - 392 (inci,),606 - 620 (IncL), 631 - 636 (ind.), & 654.
BENEFn-TO
CFTY OF WANNEROO
CI-PC OF WANNEHOO
CTVOFWANNEROO
.OTS 232,348 - 351 (Inci.). 389 - 382 (Incl),606-620|lncl.).631.636|hd.),i654.
Cm OF WANNEROO
COMMENTS
RESTRICTED VEHICLE ACCESSTO WO FROM GRIFFFTHS ROAD
RESTRICTS VEHICLE ACCESSTO AND FROM GRIFFrTHS ROAD
RESTRICTED VEHICLE ACCESSTO AND FROM GRIFFrmS ROAD
PRQXIMrT/ TO MARKET GARDEN
12 18 24 30
SCALE-1:600 AT A2
HELD BY LANDGATE IN DIGITAL FORMAT ONLY
LICENSED SURVEYOR
Landgate
DEPOSITED PLAN411087
(PLUS SUnVEY SHEET(S)}SHEET 2 OF 2 SHEETS
VERSION 2
©To eFB119616/9031
Mali In roundabout
LEGENDA, Standard Survey Mark (SSM)A Permanent Survey Mark (PSM)
A Permanent Control Mark (PCM)
B Temporaiy Control Mark (TCM|o Pegunlessstatedotherwise
Naili3 Nail and Plate
X Spto9 Drill Hole
® Deck SpiteE3 Deck Spike and Plate
SCALE-1:750 AT A2
AMENDMENTS TABLE (SURVEY SHEETS ONLY)
SURVEYOR'S CERTIFICATE - RES 54
.---------*--------------^^---------j^,^
^.,—^-;^;-'F~\-T »% —1—^f---'-y—j-^tfeT—r-^;"^^
•S-03 \s?wis;-&> .m37s,!!,sm
Spike pnl 0.2m dee
FOR SURVEY INFORMATION ONLYSURVEY INFORMATION COMPRISES
SURVEY SHEET A
(1-icenseS Surveyors I EngineeHng Smeyov II Land Dewtofimenl d Sfraa Cmatots I
SURVEY CARRIED OUT UNDER REG 26ASPECIAL SURVEY AREA 6UIDEUNES
ALL BEARINGS AND DISTANCES ON THIS SHEETARETHE RESULT OF LEAST SQUARES ADJUSTMEMTS
CARRIED OUT ON HELD OBSERVATIONS
Email: admin@brcH//ninca!i!Ster.com.<iu
43 Broadway, Nedlands WA 6009Tel: (08) 8386 9688OurRefc16580.9DP
Fax: (08) 9386 9677Data 09/05/2017 HELD BY LANDGATE IN DIGITAL FORMAT ONLY
'sss--'1'^Rp«^',
LandgateDEPOSITED PLAN
411087SURVEY SHEETA
VERSION 1