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CANOPYS EDGE RESIDENTIAL ESTATE SUMMARY OF BUYER'S
COVENANTS
This summary of Buyers Covenants does not represent
the full and detailed covenants which the buyer agrees
forms a part of the contract of sale for allotments
in the Canopys Edge Estate. It is a guide only
to the covenants that apply to homes in the estate and
is subject to change from time to time without notice.
Canopys Edge is a planned residential development,
the object of which is to establish a modern, friendly
and vibrant community. The following Covenants and Special
Conditions are used in the estate to ensure that homes,
landscaping and other facilities in Canopys Edge
are constructed and maintained to a high standard to
protect all buyers and residents.
1. Building Covenants
(a) Dwelling House
Only one house, one or two storey of no less than 3
bedrooms may be erected on the Land together with at
least a double lock-up garage or other adequate roofed
two car storage facility approved by the developer.
(b) Minimum Area
The total minimum floor area including garages, and
under roofline outdoor living areas but excluding breezeways
shall not be less than 250 square metres.
(c) External Walls
- External walls must be of a high standard of finish
such as first class quality brick, textured or rendered
masonry panel, stone or concrete block.
- External infill material must be of framed glass,
louvers, timber, flat or plank fibre cement sheeting.
- All applied finishes to external walls shall have
a texture finish or a minimum sand texture finish.
- Painted bagged or double bagged masonry work on
external walls is not acceptable.
(d) Roofs
Roofs may be of any suitable non-reflective material
(uncoloured zincalume steel will not be permitted).
(e) Driveways and Paths
Driveways and paths may be clay brick pavers, segmented
block pavers, patterned or stencilled concrete or exposed
aggregate concrete with or without brick paver edging.
The colour of driveways and paths must blend in with
the colour scheme of the house.
(f) Fencing
- Front Alignment. Fencing, if constructed, of front
alignments must have masonry piers to match the dwelling.
Infill shall be powder coated pool type fencing with
additional design detailing to match the dwelling.
Masonry infill panelling or painted timber is permitted
only up to half the fence height. Suitable alternatives
to the above may be considered for approval provided
that the style matches the dwelling and that adequate
provision for landscaping is made within the fence
along the alignment, e.g. landscaped indentations.
- Side and Rear Fencing. All fencing to side and rear
boundaries must be masonry piers of a finish to match
the dwelling or 100 x 75 timber posts with infill
panels of timber palings with capping or capped Colorbond
fencing to match the dwelling colour.
- Corner Allotments. 70% of the Front Alignment of
corner allotments is permitted to be fenced with masonry
piers and infill of capped timber painted panelling
or capped Colorbond® fence with additional design
detailing to match the dwelling. The other 30% is
only permitted to have masonry infill panelling or
painted timber up to half the fence height.
- Timber. Where timber is used (including painted
timber) it must be "A" grade CCA treated
and be overlapped timber palings with capping.
- Height. All fencing must not exceed 1.85 metres
in height above the natural ground level.
(h) Landscaping
- Any garden shed must not exceed 6m2 in area and
1.85 metres in height and, if constructed of metal,
must be constructed of Colorbond material.
- Any shed, clothesline, hot water/gas cylinder,
rubbish bin, air conditioning system or satellite
dish must not be visible from any street.
- Retaining Walls must be of a nature consistent with
the style of the Dwelling and the landscaping proposed.
If retaining walls exist on the allotment at the time
of settlement, then any further retaining walls visible
to the street must be consistent with the retaining
walls already existing.
- Landscaping of a high standard must be completed
to the front of the Dwelling within 8 weeks of occupancy
of the Dwelling. Landscaping must be regularly maintained.
- If the Buyer, or any of the Buyers contractors,
sub-contractors or agents damage or destroy any tree
or shrub planted as a part of the Estates landscaping
or tree planting program, then the Buyer will be responsible
for its replacement.
(i) Communications and Television
- The developer has provided street cabling for free
to air television and at least one additional channel.
The buyer shall connect to this cabling and external
television aerials will not be permitted in the estate.
- The developer has provided broadband internet cabling
within the street and a free connection will be provided
to this network. The buyer will need to arrange for
the developer to connect the cabling giving at least
28 days notice.
- The buyer shall complete such wiring or cabling
or distribution network and any lead-in conduits for
or in any dwelling erected on any allotment so that
the above television and broadband cabling can be
suitably connected.
2. Approval of Plans
No construction of any kind shall be commenced without
approval in writing by the Developer or its agent.
3. Uncompleted Structures
Subject to inclement weather conditions prohibiting
work on a dwelling, no building shall be left without
substantial work being carried out to it for longer
than one month. Total construction time for any dwelling
house shall not exceed nine (9) months from initial
commencement.
4. Temporary Structures
Temporary buildings such as caravans, tents, portable
structures or anything of like nature are not permitted
at any time except for sheds, workshops, offices or
conveniences to be used for the purposes of construction
of the dwelling.
5. Care and Maintenance
No rubbish can be placed upon the Land or on the footpath
or any park adjacent to the Land.
6. Footpaths, Kerb and Channelling
Any damage the Buyer or builder causes to footpaths
or kerb and channelling shall be repaired by the Developer
at the cost of the Buyer.
7. Signs and Hoarding
No advertisement, sign or hoarding, except one "For
Sale" or one "For Lease" sign shall be
erected on any part of the land without the prior consent
in writing of the Developer.
8. Liquidated Damages
In the event of a breach by the Buyer of any of the
provisions of this Covenant, the Buyer shall pay to
the Seller the sum of ten thousand dollars ($10,000.00)
or more by way of liquidated damages. Such sum shall
be used by the seller to remedy the breach and for the
betterment of the Canopys Edge Estate as a whole.
9. Right to Vary Covenants
The developer may vary, delete or relax the Covenants
at anytime in respect of the sale of any land in the
Development. In that case, the Buyer has no claim whatsoever
against the Developer.
10. Covenants from Third Parties
If the Buyer sells or transfers the land, the Buyer
must transfer these covenants in favour of the Developer
so that the new resident is bound by these covenants. |