Design Covenants for Owners

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1 Design Covenants for Owners 1

2 A well designed house is a pleasure to live in. The following document outlines the mandatory requirements for homes constructed in Plantation Palms. A booket of design recommendations is available from the Land Sales Office, providing information tips for designing your new home & Plantation Palms. Goals Plantation Palms is a development with a difference. Our aim is to create a sustainable, comfortable and appealing development that is sympathetic to Mackay s tropical environment. Community spirit is also important to us. Our unique development incorporates designs of houses, landscapes, streets and public spaces that together instil a sense of neighbourhood and encourage a more balanced lifestyle. House Style Plantation Palms promotes a diversity of modern housing types, from airy freestanding houses to compact townhouses and clever apartments, while always celebrating the North Queensland Style that is typical of the region. In other words, we believe in local architectural character with a contemporary edge. Plantation Palms Review Team (PPRT) To achieve the vision of Plantation Palms, the Plantation Palms Review Team (PPRT) has been established to review house and garden designs ensuring that they incorporate the guidelines. The PPRT encourages discussion and enquiries from buyers and designers prior to commencement of house design. This is to prevent redesign or amendments to applications. The standard fee for each meeting, request for advice or design review is $200 made payable to Plantation Palms Properties and can be posted to: 2/397 Riley Street, Surry Hills, NSW, Contents 1 Plantation Palms Design Covenants 1.1 Building Forms Articulation Undercrofts Height 1.2 External Walls 1.3 Garages 1.4 Verandahs, Porches And Balconies 1.5 Corner Buildings 1.6 Front Landscaping & Trees 1.7 Fences 1.8 Setbacks & Privacy 2 Approval to Completion 2.1 Submission Requirements 2.2 Contract 2.3 Approvals 2.4 Completion 2.5 Signage 2.6 General Provisions 3 Application Form A PDF copy of the plans should also be ed to: pprt@plantationpalms.com.au. Successful applicants will be issued a final letter of approval from PPRT & a copy of the signed Application Form. The final letter needs to be counter signed & returned to PPRT at the address above before construction starts. Council Approval After the letter of approval from the PPRT, buyers must apply to Mackay Regional Council (MRC) or other relevant local authorities for a Development Application (DA) and pay the associated fees before the commencement of the building stage. Contact Plantation Palms Review Team L2, 397 Riley Street, Surry Hills NSW 2010 Phone Fax pprt@plantationpalms.com.au 1 1

3 1 Approval Process Here are the steps you need to take to create your dream home: Step 1 Read the design covenants. Step 2 Read the council requirements. Step 3 Research and consider your lifestyle and needs. Step 4 Appoint designers and builders to design your home and garden for your site. Step 5 Submit plans to Plantation Palms Review Team for preliminary design review. pprt@plantationpalms.com.au. Step 6 Respond to feedback. Step 7 Submit official plans and completed application form to PPRT for final approval. Step 8 Recieve approved application & letter of approval from PPRT; letter of approval to be countersigned & returned to PPRT. Step 9 Submit your proposed plans for your new home and garden, the PPRT approval letter and the necessary fees to a building certifier for building plan approval. Obtain approvals from the building certifier. 2

4 Plantation Palms Design Covenants 1.1 Building Forms Forms Single storey or raised homes are both permitted. For block and rendered buildings on slabs, lightweight elements are preferred on the front of the home. Frontage To avoid repetition, no two buildings, either adjacent or on opposite sides of the street within a three lot zone, is to have the same façade. Articulation Façade and side walls are to be articulated to create visual interest and avoid long straight walls. Walls are to articulate at least every 12m. Buildings are to be a maximum of two storeys in height. 1.2 External Walls A mixture of materials, colours and finishes is encouraged for every home. 1.5 Corner Buildings Corner buildings are important landmarks and must be designed to address the secondary street frontage as well as the primary frontage. To do this, at least two of the following features must be provided to the secondary street frontage. Illus. 2 A significant architechtural corner feature. Gable facing both streets. Additional height. Windows that provide views from the internal living space A wraparound verandah, balcony, porch, or terrace with a pergola over. Wall and roof alignment variations. Additional landscaping & decorative fencing. Where required, side fences to secondary street facades are to start at least three metres behind the principal façade s building line. Garage setback may be varied on corner blocks. Blocks or bricks are to be rendered and painted, or bagged with a painted finish. Face brick or unfinished block work is not permitted. 1.3 Garages Illus. 1 Attractive streetscapes are just as important to us as the design of the homes. Garages must be set back from the main building façade by a minimum of 1m (ie: front facade setback is 4.5m plus 1.0m setback - means minimum garage setback is 5.5m). Illus Outdoor Rooms Verandahs, Porches And Balconies Outdoor rooms such as verandahs, porches and balconies are critical to the Plantation Palms vision. A front ground level verandah, porch, pergola or upper level balcony is required for all dwellings. Criteria includes: Minimum porch depth is 1.5m. Minimum width is 1.5m. Must be enclosed by a permanent roof, pergola or similar shade device. Illus. 1 3

5 1 1.6 Landscaping Requirements Landscape plans for the front garden are required to be submitted with the building plans. The following details are required to be submitted as part of the landscape plan: Location of individual tree canopies and stands of trees within 20 metres of the property boundary. Turf and garden areas, for areas adjoining street frontage. Retaining walls including location, height and materials, for areas adjoining street frontage. Paths and paved areas, for areas adjoining street frontage. 1.7 Fences Illus. 3 Fences are an important element of the landscape, and can tie a series of allotments into a cohesive streetscape. Front fences are required for homes on a number of main throughfares within Plantation Palms. Please refer to Mandatory Fence Location Plan [Appendix B] in the Plantation Palms Design Guidelines to see if your home requires a front fence. Front fence must have a maximum height of 1100mm. Front fences are to include masonry piers or timber posts, with timber paling in fill panels. Masonry piers (pillars) must be used at property boundaries. Panels of palings no longer than 2.8m in length. Fences. Mailboxes. Existing services. 1.1m Height of pillars 1.2m Letterbox pillar All plant species, locations and pot sizes, for areas adjoining street frontage. Minimum Requirements 2.8m max Between pillars/piers Illus. 3 The following minimum landscaping requirements are applicable in the front garden of each home; Traditional & Manor Lots (15>m frontages) Minimum of 2 x 45L trees Minimum 15sqm planting bed Courtyard & Cottage Lots (10 to 15m frontage) Minimum of 2 x 45L trees Minimum 10sqm planting bed Terrace (laneway) Lots (Less than 10m frontages) Minimum of 1 x 45L tree Minimum 9sqm planting bed Planting bed requirements All planting beds are to provide a minimum width of 1m, and be permanently edged. At least 50% of the front yard area must be planted with trees shrubs and/or lawn. Planting Beds should create interest through colour, texture, shape and form. They should include a variety of large shrubs, low shrubs and groundcovers. Please refer to Plantation Palms Recommended Species List [Appendix C] in the Plantation Palms Design Guidelines for a selection of plant species. Further plant species can be obtained from: Mackay Regional Council Street Tree Planting List [Appendix D] in Plantation Palms Design Guidelines. GARDENING WITH AUSTRALIAN PLANTS: A guide for Mackay (Society for growing Australian Plants, Mackay). These documents are available from Mackay Regional Botanic Gardens. 1.8 Setbacks Please refer to Building Setback Requirements [Appendix A] in the Plantation Palms Design Guidelines for specific guidance. Below is only a generic overview Front Setbacks In general, the minimum setback is 4.5m to the wall of a building. Verandah, patio, etc may have minimum setback of 3m. The mininum street setback for all lots having access from a rear laneway is 3m to the wall of dwelling and 1.5m for a verandah, patio or entrance area. Side Setbacks Depending on the dwelling height the side setbacks vary: However for single storey dwellings (ie: 4.5m or less) then generally a side boundry setback of 1.5m to the wall of the dwelling each side is required. Also a zero side building line is permitted as per Appendix A. Rear Setbacks For lots > 450m 2 and/or street frontage of 15 2m setback required. For lots 450m 2 and/or street frontage 14.9m 1.5m setback required. No setback is required for lots with rear lane access Carports, paved areas and courtyards may be located within setback areas. 4

6 Approval to Completion 2.1 Submission Requirements 2.6 General Provisions 2 Please complete the Application Form [Appendix E] prior to any development application. Submit form along with the required attachments. 2.2 Contract If you, as a buyer, do not follow these guidelines, you shall be unable to take any legal action against the developer (vendor), or make any liable claim for any variations to, or exclusions of, these guidelines. 2.3 Approvals Any changes to plans before, during and after the construction phase require approval by PPRT as well as any necessary statutory referral and approval from Council or local authority. Prior to commencement of any building works, the following approvals are required: Design Approval - PPRT. Development Consent - Council. Construction Certificate - Council / Private Certifier. 2.4 Completion Construction is required to commence within 12 months of the settlement date and must be completed within 24 months. Any damage occurring to the footpath, kerb, nature strips (including street trees) or adjoining land during construction must be rectified before completion. Front garden landscaping is to be completed at a suitable time when house is nearing completion. Should these requirements not be met, then Plantation Palms Properties reserves its rights as per the Contract for Houses and Land. 2.5 Signage Plantation Palms aims to maintain a high standard of visual signage, restrictions are as follows: Maximum of two signs permitted at any time on each individual allotment. Maximum of one sign advertising real estate for sale with a maximum size of 600mm x 900mm. (a) We reserve the right, at the request of you or at our own instigation and absolute discretion, to vary or exclude any of the obligations under these design guidelines (whether in relation to this allotment or any other allotments within Plantation Palms). You hereby absolve us from any liability whatsoever for any action or inaction taken in the variation or exclusion of these design guidelines (whether in relation to this allotment or any other allotments within Plantation Palms). You acknowledge that new products may be introduced to the market or to substitute existing products on the market and provided those products, in our opinion, are acceptable to the aims of the design guidelines, we may decide to approve such products in our absolute discretion. (b) You and we each acknowledge and agree that it is not our intention by these design guidelines to create any duty enforceable by a third party pursuant to section 55 of the Property Law Act (c) Should you sell or transfer title of your property in any way, you are obligated to us to obtain from the new owner or new Buyer a deed of covenant in similar terms to these design guidelines and to be between us and the new Buyer. You shall pay our legal costs of reviewing and signing the Deed (which costs shall not exceed $ (inclusive of GST)). Upon our receiving such new deed of covenant (duly signed by us, you and the New Buyer), you obligations to us shall cease. You will be liable to us for any damage or loss sustained because of non-compliance on your behalf. (d) The Buyer covenants and assures the Seller that the Buyer is not purchasing the lot to build a display home thereon (noting that the Seller is developing a Display Village in Plantation Palms). The Buyer will do nothing to compete against that Display Village. For the purposes of a display home, the Seller and Buyer agree that a display home is not a home built on a speculative basis by a licensed builder for sale, but rather a display home is one that is furnished and marketed by a builder to display the builders products and business and may contain sales staff operating therefrom. If the Buyer sells the lot whilst the Seller is operating any Display Village within Plantation Palms Estate, then the Buyer must obtain a similar covenant from any successive Buyer or Transferee, otherwise the Buyer will be liable for any damage suffered by the Seller. (e) If you or the your heirs, trustees, administrators, successors or assigns (as the case may be) shall be in default under any of the provisions of these design guidelines or breach any of the provisions of these building guidelines, then upon our giving prior written notice to you of such default or breach and upon such default or breach remaining unremedied by you for a period of seven days from receipt of the notice to remedy, then without prejudice to our other rights and remedies and powers, we shall be entitled to recover from you or your heirs, trustees, administrators, successors or assigns (as the case may be) by way of agreed liquidated damages the sum of TWENTY THOUSAND DOLLARS ($20,000.00), being a sum representing the reasonable and ascertainable damages incurred by us on account of such default or breach by you. In the event the breach is ongoing and you fail to remedy the breach, then you shall pay to us the sum of TWENTY THOUSAND DOLLARS ($20,000.00) for each six (6) month period or part thereof that the breach remains unremedied. Maximum one building / contractors sign permitted on each allotment, maximum dimensions of 600mm x 900mm. Signed by Buyer Date s 5

7 3. Application Form Name of Applicant Application Date Lot Number Street Address 3 Proposed Lot Type Terrace Courtyard Cottage Traditional A. Owners Details Name Address Contact Numbers Home Business Mobile Fax B. Builder & House Designer Details Name of Builder Contact No. Licence No. Name of House Designer Contact No. Address Contact Numbers Home Business Mobile Fax NOTE: If builder is not known at time of application, details are to be submitted prior to start of construction. C. House Details 1. What is the floor area of the home? (Including garage / carports but excluding verandahs / balconies and pergolas) 2. What is the area of verandahs, balconies and pergolas? D. Attachments 1. Settings: Site Plan (1:200 min) Floor Plan (1:100 min) Front, side, rear elevations Show details of materials, screening & shade structures 2. Garage and Carports - Details 3. Ancillary Structures - Details Boat / Trailer Storage Full details of Hot Water System 4. Landscaping - Details Letterbox Trees Planting Bed 5. Corner Lot Address both Street Frontages E. External Materials / Colours Front Wall Material(s) Roof Material Garage Door Material Guttering Colour Driveway Material / Type Pathway Material / Type Colour Colour Primary Colour Secondary Colour Accent Colour Colour Colour Owners Name Date Signature Plantation Palms Properties Review Approval Signature Date 6 (To be accompanied by Letter of Approval and other documentation)

8 Contact Plantation Palms Review Team L2, 397 Riley Street, Surry Hills NSW 2010 Phone Fax Disclaimer: Whilst all care has been taken to ensure the accuracy of the information in this document, no responsibility is taken to any errors or omissions. The details in this document are subject to change and council approvals at any time without notice. Printed October

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