Table of Contents 1.0 Introduction... 3 2.0 Identification of Estate Covenant... 3 3.0 Use of Land... 4 4.0 Building Construction Program... 4 5.0 Approval of Dwelling Design Plans... 4 6.0 Compliance... 5 7.0 Care and Maintenance of the Lot... 6 8.0 Detached Garages, Garden Sheds and Other Buildings... 6 9.0 Previously Erected and Prefabricated/Relocatable Buildings... 7 10.0 Dwelling Size and Siting on the Allotment... 7 10.1 Small Lot Housing Code... 7 11.0 Walls on Boundary... 8 12.0 Property Fencing... 8 13.0 Fiber Optic Cabling... 8 14.0 Dwelling Design Guidelines... 9 14.1 Exterior Appearance and streetscape... 9 14.2 Entry Statements... 9 14.3 Building Materials... 9 14.4 Corner Allotments... 10 14.5 Allotments facing Parkland or Council Reserves... 10 14.6 Plumbing Fixtures and Fittings... 11 14.7 External Colour Schemes... 11 14.8 Roofing... 11 14.9 Car Accommodation... 12 14.10 Driveways... 13 14.11 Drainage... 13 14.12 Sheds and Ancillary Structures... 13 14.13 Protection of Street Trees and Nature Strips... 14 14.14 Building Construction Access to the Allotment... 14 15.0 Cessation of Clyde North Properties Obligation... 14
Estate Covenant 1.0 Introduction As a resident on an estate developed by Clyde North Properties, you will appreciate the protection given by the Estate Covenant ( Covenant ) and Design Guidelines that forms part of your land contract. Clyde North Properties will administer the requirements of each of these documents. Approval from Clyde North Properties is additional to, and not in lieu of, any State or Local Government requirements. Clyde North Properties encourages diverse, innovative and sustainable design. An application seeking approval of a proposal, which is not strictly within the requirements, may be considered on its merits. The Purchaser hereby absolves Clyde North Properties from any liability whatsoever for any action taken in the variation or exclusion of any covenant. 2.0 Identification of Estate Covenant This document may be referred to as the Building Covenant in the contract of sale of land. The following restrictive covenants affect: Lots 101 137 inclusive Lots 201 240 inclusive Lots 301 345 inclusive Lots 401 443 inclusive As shown on Plan of Subdivision PS747261E 3 P age
3.0 Use of Land An allotment of land on this estate unless otherwise specified elsewhere shall not be used for any dwelling other than a single unit private dwelling and cannot be further subdivided. 4.0 Building Construction Program Construction of a dwelling must not commence later than 18 months after settlement of the land purchase and must not be completed later than 36 months after settlement of land. Landscaping works to the front of the dwelling must be completed no later than 6 months after the issue of a certificate of occupancy by the building surveyor. 5.0 Approval of Dwelling Design Plans It is a requirement of the Covenant that all building plans or any improvements are first approved by Clyde North Properties Design Assessment Panel (DAP) prior to submission to Council or an approved certifier. Please note that most applications will be processed within ten (10) working days by Clyde North Properties DAP. The Purchaser must obtain the written approval of Clyde North Properties DAP and submit working drawings showing the dwelling design and materials proposed prior to commencing any site works or construction. Clyde North Properties DAP may grant approval or conditional approval or refuse approval subject to the proposed design and materials meeting the objectives set out under the documents listed in Paragraph 1 above, at the discretion of Clyde North Properties DAP. Applicants are required to register and submit their Design Approvals via the Developer Portal which can be accessed via www.thompsonsrun.com.au webpage, navigate to Design Guidelines, and select Developer Portal Login This is a great source for all development related material which can be accessed via the reference library within with portal. All queries relating to the registration and/or DA submission process are to be directed to estatecovenants@thompsonsrun.com.au 4 P age
Submissions and plans are to be in accordance with the Building Guidelines, any Special Requirements and the Building Envelope Plan and include the following: i. A site plan (scale 1:100 or 1:200) indicating - Address and lot details - Boundaries including bearing & dimensions - Road name and location - North arrow - Boundary setback dimensions - Contours - FFL s - Building outline and overhangs - Nominated site coverage - Driveways (including material finish) - Open Space - Landscaping ii. iii. iv. Floor plan(s) in the scale 1:100 indicating - Dimensions - Room names - Schedule of all area sizes (house, garage, verandahs/pergolas) including total area Elevations in the scale 1:100 indicating - Front façade and all side views - Existing and proposed surface levels - Maximum height above finished surface levels - External materials - Position of solar panels/evaporative cooling systems/satellite dishes - Proposed external colour schemes Cross Section in the scale 1:100 indicating - Floor ceiling heights - Roof pitch v. Builder & Owner details 6.0 Compliance All care has been taken by Clyde North Properties in the preparation of this document to ensure that these covenants comply with current building codes. 5 P age
It is ultimately the responsibility of the Purchaser, Builder and their Architect as applicable to ensure that the proposed dwelling design complies with all statutory requirements related to the construction of this residence. 7.0 Care and Maintenance of the Lot During the construction of a dwelling, grass lawns must be regularly mown and all rubbish must be stored onsite as required by Council and emptied as appropriate. Rubbish shall not be stored in covered bins located on nature strips or the front of lots without obtaining relevant permits from Council. In the event that Clyde North Properties is to undertake works to ensure lots are maintained to a high standard, the costs associated with such works may be charged to the landowner. All building materials, temporary toilets and building equipment must be stored within the property boundaries of your allotment at all times. Encroachment onto adjoining properties or reserves will not be permitted. Nature strip planting, vehicular crossings and paved footpath must be protected at all times during construction. Failure to protect nature strip planting and constructed street works will incur a rectification or replacement fee to the responsible owner. Construction of the dwelling shall not occur without the implementation and maintenance of all sediment and erosion control measures as required by the local or state laws. 8.0 Detached Garages, Garden Sheds and Other Buildings The Purchaser will not construct, or move an existing garage or outbuilding of any type onto the Land as a sole structure without first applying to and obtaining from Clyde North Properties its written permission to do so. Zincalume finishes will not be approved. There shall not at any time be erected on or placed or remain on the Land any caravan, tent, temporary building or structure or other installation or anything of a like nature except sheds, workshops, or office rooms to be used in connection with works for a permanent building in the course of construction and in no instance shall any structure be used as a temporary dwelling. All temporary structures are to be removed upon completion of the permanent building. 6 P age
9.0 Previously Erected and Prefabricated/Relocatable Buildings No building previously erected on other land or any relocatable or prefabricated building or part thereof shall be erected or placed upon the Land as part of a new building without the prior written consent from Clyde North Properties. 10.0 Dwelling Size and Siting on the Allotment The Minimum setback for a dwelling on any allotment must not be less than 4.0 metres measured in a straight line from the main street frontage boundary perpendicular to the main (structural) wall of the proposed dwelling. Verandahs, porticos, balconies and bay windows may encroach by no more than 1.0 metre forward of this setback line (refer to building envelope plan). On lots with a frontage in excess of 11.0m, a dwelling (including any garage, verandah, portico or balcony) must not be constructed which spans the entire width of the allotment. The dwelling (including any garage, verandah, portico or balcony) must be setback not less than 1000mm from at least one side boundary. The following minimum dwelling sizes shall apply: - Allotment size less than 450m2: Minimum Dwelling Floor Area 90m2 or greater - Allotment size greater than 450m2: Minimum Dwelling Floor Area - 150m2 or greater The prescribed minimum dwelling floor areas excludes garages, verandahs and porticos. All detached dwellings on regular rectangular allotments must have a total frontage of not less than 70% of the lot width, excluding corner lots and irregular shaped allotments that will be assessed on architectural merit on a lot by lot basis. 10.1 Small Lot Housing Code The Small Lot Housing Code is endorsed as part of these design guidelines, a copy can be obtained from the Design Approval Panel or the Metropolitan Planning Authority. 7 P age
11.0 Walls on Boundary Walls constructed on a boundary must be in accordance with Regulation 415 (Walls on Boundaries) in Part 4 of the Building Regulations 2006 except as specified below. The construction of a wall on a boundary applies to a wall on or within 200 millimetres of a side or rear boundary of an allotment. The height of a wall construction on or within 200 millimeters of a side or rear boundary of a lot must not exceed an average height of 3.2 metres and a maximum height of 3.6 metres unless abutting a higher existing or simultaneously constructed wall. 12.0 Property Fencing Side and rear boundary fences shall be constructed of treated pine paling with exposed posts on both sides and be capped across the top of the palings. All side and rear boundary fences must not be less than or more than 1800mm (or 5 11 ) high above ground level, unless an approved fence is installed. Side boundary fencing must be set back no less than 1.0 metre behind the front façade of the house tapering to meet front fencing height which must finish behind the building line. Fencing to side streets (second frontage) or corner allotments must finish no less than 3 metres behind the building line, i.e. behind the forward most part of the house. Front fences, Colourbond or similar fencing are not permitted. 13.0 Fiber Optic Cabling The installer and owner of the FTTH network available at the Thompsons Run development is NBN Co. Purchasers are to make enquires with the network provider with regard to choice of retail service providers available, type and retail cost of services. Externally visible antenna including satellite dishes must not be erected on any part of a roof structure facing a street frontage. 8 P age
14.0 Dwelling Design Guidelines No dwelling shall be built unless its design complies with the following guidelines: 14.1 Exterior Appearance and streetscape Where two residences with identical street elevations are proposed within less than 3 lots in either direction and/or on the opposite side of the road facing the lot, changes to rooflines, patios, entries and garages are required. This rule does not apply for attached or semi attached developments of town homes or terrace homes. Construction of identical facades within 3 (three) houses in either direction and/or on the opposite side of the road facing the lot will not be permitted. All front elevations for any house on any allotment must be articulated. No painted FC sheet over any door, garage or window openings is permitted to facades facing any street frontage. Any openable window facing a street frontage must be of awning casement, double hung or other architecturally acceptable type construction. Sliding windows are only permitted to facades not facing the street frontage. Each facade must contain not less than two, distinct building materials (e.g face brick and render, face brick and timber cladding, rock and render, feature brick and weather board etc). 14.2 Entry Statements - An entry structure/feature is required to clearly identify the main entry to the building. - It must be located on the front facade. 14.3 Building Materials Dwelling designs must ensure that there are no broad flat walls without any variety of variation in texture on street facades. This may be achieved by using some or all of the following materials: - Sections of textured masonry - Painted and stained timber weatherboard - Corrugated metal finishes such as colorbond - Window variations such as louvers 9 P age
- Inclusion of battens and slats - Face brick and/or natural stone - Render - Bagged and painted (not to front facade) The materials shall be used as feature elements and no one single element should be adopted as the primary material for a dwelling. 14.4 Corner Allotments Corner allotments must be designed to have facades that address both street frontages. In addition, two or more of the following features must be provided on the secondary street frontage: - Feature window or similar to match front elevation; Roof gables or detailing complementing the architectural style. - Facade articulation - Variety in materials, and - Duplication of front facade elements Landscaping must be provided to the primary and secondary street frontage. A density of no less than 8 plants per square metre in 150mm pots for ground covers and grasses is required. 14.5 Allotments facing Parkland or Council Reserves Allotments that front, side or back onto parkland should address both the road and park frontage. This is achieved by facade (to front, side and rear) detailing, which should include: - Replicating facade detailing or elements - Dwelling living areas which open onto private open space fronting the parkland - First floor windows and or verandahs overlooking the park to provide design detail - No solid fencing along parkland or council reserves 10 P age
14.6 Plumbing Fixtures and Fittings External plumbing fixtures and fittings must not be visible when viewed from the street frontage and side of the dwelling. All allotments within the Thompsons Run development have been provided with access to Class A recycled water (purple pipe) when made available by the responsible authority South East Water Corporation. Clyde North Properties requires the installation of the access to recycled water for each dwelling. Enquires with regard to timing can be made by contacting South East Water Corporation on 13 16 94. South East Water requires that all cisterns are connected to the recycled water mains supply (purple pipe) installed in the development. 14.7 External Colour Schemes Highly reflective and bright colours will not be permitted for use as major roof and wall colours. 14.8 Roofing The main roof of a dwelling with a hipped roof must have a roof pitch of not less than 22 degrees. Skillion roofing shall not be incorporated, unless it complies with the following standards: - Must have a pitch of 5 degrees - Must include significant overhangs - Must not be attached to a hip roof to form part of the main roof of the house Roofing must be non reflective and may be either tiles (terracotta, concrete, clay or slate) or corrugated metal sheets ( Colorbond or similar). Flat roofs are not permitted to single story dwellings. 11 P age
14.9 Car Accommodation Garages must be integrated into the overall form of the Dwelling. Garages must be setback 5.5 metres unless the associated building envelope plan shows otherwise. Garages must be enclosed, carports and open sided garages are not permitted on street frontage. Garage doors visible from street frontage must be either panel lift, sectional overhead or of other similar type. Roller garage doors to the street frontage are not permitted. Garage door openings are limited as follows; If a dwelling is: - On a lot between 250m2 and 300m2 and - Two or more storeys The garage door must not exceed 25% of the area of the front façade of the dwelling. The area of the front façade is to be measured from a two dimensional elevation plan excluding any area of the roof of the dwelling. In all other instances the width of the garage door must not exceed 40% of the width of the lot frontage. All homes on allotments with street frontage of less than 11 metres must have at least one single lock up garage. Homes on allotments with street frontage greater than 11 metres must have a two car lockup garage. Garages must be stepped back a minimum of 500mm from the front wall of the dwelling. This distance is measured from the front building line, not from verandas or porches. Where a garage is located on the side boundary or within 150mm of the boundary, internal (box) guttering systems must be used for the garage roof drainage. Where the garage is further than 150mm from the boundary a conventional roof drainage system (gutter and downpipes) is permitted. Allotments where the double or single garages are sited adjacent to each other must be separated. Double or single garages on different allotments cannot be built side by side unless the vehicle crossover locations dictate otherwise. 12 P age
14.10 Driveways The following standards must be adhered to: - Driveways must be constructed in accordance with Council s requirements. - Existing footpaths must not be damaged or removed. - Car tracks or gravel driveways of any kind are not permitted. - Driveways must be completed on the issue of the Certificate of Occupancy and prior to occupation of the Dwelling. - Driveways and paths facing any primary or secondary street frontage or parkland must not be constructed of plain concrete. Permitted materials are coloured or stamped or stenciled or faux brick or exposed aggregate concrete or brick pavers. During construction of a dwelling, any existing vehicle crossover must be protected by the Purchaser/Builder at its cost. Driveways are Council assets therefore, must be the Builder s responsibility to maintain its integrity. 14.11 Drainage All allotments must provide for site surface drainage to the street or the designated point of discharge. The use of rainwater tanks obscured from view is encouraged to be incorporated within the roof drainage system to allow for the harvesting of stormwater from roofs. Swale drains or field gullies must be appropriately placed when planning your landscape. Access to the properties is restricted to the designated vehicle crossover of your allotment only. It is the responsibility of the Purchaser, its Builder and Agents to ensure rubbish and silt from their construction site is contained on the property through appropriate fencing and silt fencing to prevent it from entering the Council road drainage system. Any damages will be rehabilitated at the Purchaser s cost. 14.12 Sheds and Ancillary Structures All ancillary structures to the house including garden sheds, solar hot water systems, solar energy panels, air conditioning units, satellite dishes, TV antennas, clothes lines and rainwater tanks are required to be concealed when viewed from the street frontage and side of the dwelling. No structures are permitted to extend above the roof ridgeline or highest point of the roof of the dwelling. Uncoated galvanized or zincalume steel sheeting is not allowed under any circumstances. 13 P age
14.13 Protection of Street Trees and Nature Strips Any damage or removal of street trees outside allotments will be the responsibility of the Purchaser and its Builder. Street trees are council assets and will be re planted at the cost of the Purchaser/Builder, if found broken or damaged. 14.14 Building Construction Access to the Allotment Building works will not be permitted unless the Purchaser and its Builder provide a temporary fence within the lot boundaries for the duration of the building works to contain wind blown litter on the allotment. 15.0 Cessation of Clyde North Properties Obligation The administration of the Covenant for each stage in the development will cease after five (5) years from the title of registration date for the relevant stage after which all necessary approvals, building design and otherwise, will defer to the relevant authority. 14 P age