Top Banner
Building Covenant Prepared by: Australian Property Projects Kingfisher Lakes Pty Ltd May 2010 (Ver.00)
19

Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

Apr 13, 2018

Download

Documents

vuongtruc
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

Building Covenant

Prepared by:

Australian Property Projects Kingfisher Lakes Pty Ltd

May 2010 (Ver.00)

Page 2: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) i

Why have Building Covenants?

Your home is one of the most valuable assets you have, and we want to help you maintain its value by protecting and enhancing the character of Kingfisher Lakes Estate.

The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners, architects and builders with the creation of quality homes and to ensure they interact

attractively with neighbouring homes, streets and surrounding public spaces.

There are various mandatory requirements although these often have sufficient flexibility

to allow for individual choice if high quality and innovative designs are proposed to satisfy

the vision for Kingfisher Lakes Estate.

Key aspects of the Building Covenant include :

• Building design to be interesting or unique and incorporate timber, stone or other

natural materials in the front elevation; • Selecting orientation and building features that provide for passive environmental

control and energy efficient innovations;

• Dwellings may be single or two storey, with integrated garages and minimum 2.7m ceilings

• Building facades to include variety of materials but not predominantly brick or block; at

least 15% of street facing elevations to be windows; multi-coloured bricks not to be

used; • External attachments to be integral to the building or screened from view;

• Sheds to blend with other structures and not be visible from public spaces

• Buildings to be wholly sited within the nominated building envelope and allow for siting to one boundary; maximum boundary wall to be 9.0m;

• Carparking to provide for minimum 2 cars; recreational/commercial vehicles not to be

visible from the street;

• Connection of the main living space to the main outdoor space is encouraged and timber decks are also desirable;

• All boundary fencing to be Woodland Grey colourbond; except where open black

tubular steel fence is required abutting lake edge; • Driveways to have exposed aggregate finish;

• New landscaping is to be complementary to the existing estate landscaping

• Construction to commence within 12 months of purchase; • Streetfront landscaping to be completed within 6 months of occupation;

Kingfisher Lakes Estate has appointed a Building Covenant Manager to provide guidance

in the initial stages of design, interpretation of various details within the Building Covenant, plus gaining compliance. Contact details are provided on the website

www.kingfisherlakes.com.au.

The Covenant forms part of the land purchase contract documents and

contains specific obligations for the Buyer of allotments in Kingfisher Lakes.

Buyers must comply with the requirements of the covenants as well as all

relevant building and planning legislation.

Page 3: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) ii

TABLE OF CONTENTS

1 INTRODUCTION..................................................................................................3

2 DESIGN APPROVAL – FROM AUSTRALIAN PROPERTY PROJECTS KINGFISHER LAKES PTY LTD .........................................................................4

3 DEVELOPMENT APPROVAL – FROM FRASER COAST REGIONAL

COUNCIL (FCRC)...............................................................................................5

4 CONSTRUCTION TIMEFRAME..........................................................................5

5 USE OF ALLOTMENTS ......................................................................................5

6 RELOCATED BUILDINGS ..................................................................................5

7 SIGNS ..................................................................................................................5

8 LAND USE...........................................................................................................6

9 TIDINESS.............................................................................................................6

10 LANDSCAPING BY AUSTRALIAN PROPERTY PROJECTS KINGFISHER

LAKES PTY LTD ................................................................................................6

11 BUILDING DESIGN PHILOSOPHY AND OBJECTIVES....................................6

12 BUILDING SETBACKS .......................................................................................7

13 BUILDING HEIGHT .............................................................................................8

14 VEHICLE PARKING ............................................................................................8

15 PRIVATE OUTDOOR SPACE.............................................................................8

16 PRIVACY DESIGN ..............................................................................................8

17 BUILDING APPEARANCE..................................................................................9

18 BUILDING ORIENTATION ..................................................................................9

19 ENERGY CONSERVATION ................................................................................9

20 FENCING ...........................................................................................................10

21 DRIVEWAYS .....................................................................................................10

22 EXTERNAL ATTACHMENTS ...........................................................................10

23 OUTBUILDINGS................................................................................................11

24 LANDSCAPING.................................................................................................11

25 LAKE EDGE ......................................................................................................11

26 SITE DRAINAGE ...............................................................................................11

27 TRANSFER OF COVENANTS ..........................................................................12

28 BUILDING ON SHARED BOUNDARIES ..........................................................12

ATTACHMENT A - STAGE 1 BUILDING ENVELOPES.............................................13

ATTACHMENT A - STAGE 2 BUILDING ENVELOPES.............................................14

ATTACHMENT A - STAGE 3 BUILDING ENVELOPES.............................................15

ATTACHMENT A - STAGE 4 BUILDING ENVELOPES.............................................16

ATTACHMENT A - STAGE 5 BUILDING ENVELOPES.............................................17

BUILDING COVENANT AMENDMENTS ....................................................................18

Page 4: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 3

1 INTRODUCTION

The developers of this estate (Australian Property Projects Kingfisher Lakes Pty Ltd) have

established a set of ‘rules’ to guide and control the future development of buildings and external

works on each allotment. These ‘rules’ are encompassed in this document called the Kingfisher

Lakes Building Covenants.

These building covenants are implemented to encourage the creation of an attractive, high quality

residential estate, ensuring that all who build around you are committed to maintaining similarly

high standards, thus securing future lifestyle benefits and investment appeal. The covenants are

not onerous or excessive - and do respond to the recent changes to the Building Act that require

covenants to address sustainable outcomes - but they promote building design which is in

sympathy with other buildings, enhancing streetscapes, maintenance of residential amenity and

good residential design techniques. Most of these covenants will need to be taken into

consideration during the design or siting of your dwelling, but some will need to be considered

following completion of construction.

The building covenants require that a property may not be developed without approval from

Australian Property Projects Kingfisher Lakes Pty Ltd; in addition to the normal statutory

requirements for development approval. Statutory planning and building principles and

regulations take precedence over any information presented in the Covenants – and

development approval is required from the Hervey Bay City Council (HBCC) before

commencement of construction works. It should be noted that some of the minimum siting criteria

in this document is at variance with the recently approved Hervey Bay Planning Scheme, and use

of the minimum dimensions may require planning approval for proposed building works. A

building envelope plan was approved as part of the reconfiguration approval for the subdivision

and is intended to be the basis for setback assessment. i.e. these lesser setbacks may be

regarded as ‘acceptable solutions’ by HBCC.

Australian Property Projects Kingfisher Lakes Pty Ltd may at any time modify, waive or release

and without notice, any of the requirements contained in these documents.

The company’s decision on the interpretation of the covenants is final, and the Buyer cannot

dispute or claim compensation from Australian Property Projects Kingfisher Lakes Pty Ltd if the

company alters these covenants.

NOTE: On selling an allotment, the owner must obtain the agreement of the buyer to abide by

these Building Covenants, and the Covenants must be transferred with the sale.

Australian Property Projects Kingfisher Lakes Pty Ltd appreciates that new building products may

supercede specified items in the covenants. Replacements that are compliant with the intent of

the covenants will be accepted.

It is intended that the objectives and requirements of these Covenants will be included in the

Hervey Bay planning scheme documents – as a Local Area Plan specifically for the Kingfisher

Lakes site. This will ultimately become the enduring mechanism to evaluate and control

development on this land.

Page 5: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 4

2 DESIGN APPROVAL – FROM AUSTRALIAN PROPERTY PROJECTS KINGFISHER

LAKES PTY LTD

Preliminary design discussion

The property owner and their designer shall arrange a preliminary meeting with a nominated

representative of the Kingfisher Lakes project sales team to discuss:

• The Building Covenants,

• Adjoining owners’ plans (if available),

• Preliminary concept sketches and design ideas

Design Review

Developed concept plans for the property shall be submitted by the property owner to Australian

Property Projects Kingfisher Lakes Pty Ltd for review and comment. Two copies of all information

and dimensioned drawings at a minimum scale of 1:100 shall be submitted to indicate:

• property details including lot number, street name and purchaser details.

• site plan - showing services (refer to services plan for connection points), ground floor layout,

outdoor recreation areas, carparking provisions, driveway access, service areas, fences,

outbuildings and building attachments such as pergolas, shade structures etc.

• floor plans of all levels including key dimensions of the building.

• all elevations showing maximum roof height above ground level, and indicating floor levels.

• external materials and colours.

• calculations of site cover means the proportion of a site covered by a building, fixed structure,

or outdoor storage area, but does not include unroofed parking areas. In calculating site cover

the building is measured to the outermost projection (excluding eaves) and including

balconies, covered walkways and stairs.

• contact details for builder/owner – including person’s name, phone, fax and email address.

Processing of the plans will not occur until all information is provided.

Australian Property Projects Kingfisher Lakes Pty Ltd will review the submission and provide a list

of any items that are inconsistent with the building covenant or that require further consideration.

Comments should also be sought at this stage from your Building Certifier, on compliance of the

concept plans with planning and building requirements.

Design Approval

The owner shall submit three copies of the completed design drawings, building material

selections, and all other detailed information for the dwelling to Australian Property Projects

Kingfisher Lakes Pty Ltd.

Two stamped copy of the plans will be returned to the owner if the design meets with the

guidelines.

Page 6: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 5

3 DEVELOPMENT APPROVAL – FROM FRASER COAST REGIONAL COUNCIL

(FCRC)

House plans should be designed to be compliant with the ‘acceptable solutions’ of the House

Code section of the FCRC Planning Scheme, the Kingfisher Lakes Building Envelope Plan (refer

attachments), the Building Code of Australia and any particular requirements of local service

authorities. Once compliant your Building Certifier in conjunction with FCRC, will issue

development approval. Plans that do not meet the House Code ‘acceptable solutions’ criteria, will

require a Material Change of Use approval from FCRC.

All design, documentation, Council and Certifier’s fees are to be paid by the property owner.

Australian Property Projects Kingfisher Lakes Pty Ltd will not be responsible for any of the costs,

either directly or indirectly associated with obtaining approvals, or for reworking plans to be

compliant.

4 CONSTRUCTION TIMEFRAME

• Building timeframe:

- Purchasers are required to start building within TWELVE months of the date of

settlement on the land, and to complete construction within TWELVE months of

building commencement.

- Landscaping of site areas that are exposed to public view, (both lake and street

sides), must be completed within SIX months from the date of occupancy.

5 USE OF ALLOTMENTS

• Multiple dwellings:

- Multiple dwellings sites (medium density) are nominated on the overall plan of

development. Variations to these sites may only be undertaken with the consent of

Australian Property Projects Kingfisher Lakes Pty Ltd.

• Detached dwellings:

- All other allotments are to be used for a single dwelling only.

6 RELOCATED BUILDINGS

• No relocated buildings are permitted within the estate. (The land sales office for the

project will be a temporary building placed on site only for this purpose, and will be

removed once a permanent sales building has been constructed.)

• All buildings are to use new or quality recycled materials.

7 SIGNS

• Signs (other than for the sale of the property) are not permitted on allotments.

Page 7: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 6

8 LAND USE

• Allotments in the estate are for residential use only.

• No commercial activities (other than home office) may be established.

9 TIDINESS

• Property owners must keep the land in a tidy and well maintained state at all times.

• All builder’s rubbish or excavation material must be totally contained and regularly

removed from site.

10 LANDSCAPING BY AUSTRALIAN PROPERTY PROJECTS KINGFISHER LAKES

PTY LTD

• Australian Property Projects Kingfisher Lakes Pty Ltd will provide extensive landscaping

to the edge of the lakes, and within the public reserve, and along streets. This

landscaping is provided for the long term betterment of the whole estate. It must not be

altered, damaged or removed without permission from Australian Property Projects

Kingfisher Lakes Pty Ltd.

11 BUILDING DESIGN PHILOSOPHY AND OBJECTIVES

The general design principles applicable to this project are those detailed in the Australian Model

Code on Residential Development (AMCORD).

However specific dwelling design objectives required in the Kingfisher Lakes development

include:

• Concept development that responds to the natural environment that already exists or will

be established around lakes and recreation reserves.

• Presenting an interesting – and possibly unique – design quality that sets the dwelling

aside from other more traditional project homes.

• Being oriented to minimize the need for high energy inputs into heating and cooling.

• Achieving a functional internal floor layout that relates well to the ‘outdoor rooms’ created

in the spaces outside the dwelling.

• Building in features that achieve passive environmental control, and address current

demand for technologically ‘smart’ housing practices. This includes the use of low energy

consumption appliances and water saving/storage devices.

• Utilizing a range of building materials that have been carefully selected to be in harmony

with the natural environment, rather than compete – and particularly include the use of

stone and timber in the front elevation treatment.

• Creating of a ‘feeling of openness, light and space’ within all internal areas of the building

through variety in ceiling heights, extensive use of glass, and wide opening doors to the

outdoor areas.

• Using similar or complimentary building materials for the house, fence, garage,

outbuildings and attachments to achieve a totally unified product.

• Placing strong emphasis on privacy between dwellings, and including privacy between

outdoor living areas.

Page 8: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 7

• Using timber decking as the transition between indoor and outdoor areas, or to address a

change in levels.

• Using reflective lightweight roof covering to minimize heat loads.

• Venting roof spaces by either natural or mechanical means.

• Utilizing roof overhangs, verandahs and other forms of shading device to provide shelter

to walls and windows, and outdoor entertaining areas.

• Considering the environmental benefits of combining slab on ground with subfloor

ventilation.

• Having 2.7m minimum floor to ceiling levels to provide suitable height for ceiling fans.

• Integrating landscape treatment with the building design.

12 BUILDING SETBACKS

Buildings must be positioned on each allotment in accordance with setback criteria. Setback

criteria is diagrammatically shown on the Fraser Coast Regional Council approved Building

Envelope Plan in Attachment A.

Note: Setback is measured to the outermost part of the building structure, including eaves.

Street Setback

• The minimum setback distance is 4.5m to the primary street frontage and 2.5m to the

secondary street frontage.

• Where an on-site visitor park is required the garage is to be setback 5.5m.

Side and rear boundary setback

• The positioning of a dwelling on an allotment allows for one side wall to be located on the

boundary – if required to a maximum length of 9m. The nominated boundary for zero

setback has been selected to allow outdoor living areas to be located where they will

provide optimum solar benefit. The preferred boundary for zero setback on each

allotment is shown on the Building Envelope Plan in Attachment A.

• If the building is not positioned on the side boundary then the setback to the side

boundary is to be a minimum of 1.0m.

• Minimum setback to the other side boundary is to be 1.0m unless the allotment is a

corner allotment.

• Minimum setback to the rear boundary is typically 4.0m.

• Statutory setbacks to Authority owned services (mainly identified by easements, but

sometimes not identified) may affect the positioning of a building within the building

envelope. Owners or their designers should consult with Authorities who have

infrastructure on their lot.

• Owners herein acknowledge the rights of adjacent lot owners to take up the benefit of the

zero setback provisions and accept that a neighbouring dwelling may be erected (to a

maximum continuous length of 9m) immediately upon a shared boundary. Owners will

offer up what reasonable access may be requested by an adjoining lot owner (only upon

the receipt of reasonable notice) for the strict purpose of completing the intended

construction. For the avoidance of doubt, this consent to entry is to be extended to all

nominated agents of the adjoining lot owner, including tradespeople, engineers, design

professionals and other contractors all of whom must use their best endeavours to limit

their disturbance to the Owner.

Page 9: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 8

13 BUILDING HEIGHT

• Dwellings may be up to 2 storeys in height.

• High level window sills, fixed screens and obscure glass are some of the design

treatments to prevent overlooking.

14 VEHICLE PARKING

• The desirable minimum number of covered car parking spaces to be provided on each

allotment is 2. Additional on-site visitor parking should be available in the driveway area.

Recreational and commercial vehicles

• Parking of recreational and commercial vehicles in a publicly visible area on-site is not

permitted.

• Caravans, boats etc; may only be in locations on the property that are screened from

public view (i.e. behind a garage door or fence).

Garage design

• The garage must be an integral part of the main building.

• Where the garage protrudes forward of the main building on the street frontage, design

merit must demonstrated.

• Garage doors are to be the ‘panel’ or ‘tiltup’ style rather than a ‘roller’ door. The use of

timber panelling, decorative metal panels, glazed sections or other features that add

interest to the doors is preferred.

15 PRIVATE OUTDOOR SPACE

Outdoor recreation area

• The main outdoor space on each allotment should be directly accessible from a living

room.

Decks

• Outdoor decks are encouraged and should be positioned to take advantage of views over

an adjoining lake or reserve.

Pools/water features

• A pool, spa or decorative pond may be included in the outdoor living area.

16 PRIVACY DESIGN

• Visual privacy between dwellings is to be maintained by staggering windows, providing

screen walls, avoiding overlooking and by careful placement of landscaping etc

• Acoustic privacy is to be considered when designing the location of building openings and

when positioning outdoor areas.

Building design should consider the use of specific materials to reduce noise levels in

locations where unsatisfactory conditions may result.

Page 10: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 9

• Some two-storey buildings may require compliance with acoustic reports where they are

in close proximity to the Hervey Bay Maryborough Road. A Department of Main Roads

Covenant is noted on affected lots.

17 BUILDING APPEARANCE

Cohesive appearance

• Individual building design is to consider the character and appearance of neighbouring

properties (where they exist), rather than designing in isolation. The developers require a

cohesive streetscape appearance and will not approve dwellings that are not considered

to meet this objective.

Roof form

• All roof shapes can be considered, however some may be inappropriate if they do not fit

well with the majority of houses in the street.

• Gutters, rainheads and downpipes need to be an integral part of the overall building

design.

• Clay or concrete roof tiles, colorbond, and in some cases unpainted zincalum roof

covering is acceptable. Use of unpainted zincalum requires approval of the developers.

External building materials

• A range of surface textures and the subtle use of colours is encouraged in rendered walls,

etc.

• External appearance should make use of natural materials (stone/wood etc) that have

been selected to compliment rendered walls, glazing and other manufactured wall

cladding products (inc. hardiboard, corrugated iron, mini-orb, copper etc)

• Full facades of face clay brick or block are not permitted, and neither is the use of

multicoloured bricks.

• At least 15% of the elevations facing the street should be glass to provide informal

surveillance over this public space. The use of windows with vertical proportions on this

elevation is encouraged.

18 BUILDING ORIENTATION

• The building should be sited to compliment the ‘naturally developed’ lake edge or public

reserve, where these amenities abut an allotment.

• Orientation of the building and the layout of the rooms and other outdoor spaces is to

achieve maximum solar benefit and capture prevailing breezes.

19 ENERGY CONSERVATION

• Local climatic conditions must be considered during the design process, and building

features and fittings aimed at conserving energy use must also be included.

• The dwelling design should:

Page 11: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 10

- Allow suitable roof overhangs to minimize the amount of direct sunlight entering the

main sleeping and living areas. A minimum eave of 450mm is generally required but

other techniques can be used (verandahs, recessed windows, etc).

- Provide wall or screen protection from cool winds

- Capitalize on summer breezes to naturally cool the dwelling with flow through

ventilation.

- Consider climate enhancing landscaping to be an integral part of the building design

- Include shade sails or other weather protection over outdoor living spaces

• Environmental building codes must be achieved as a minimum requirement.

• The use of solar hot water systems, photovoltaic cells, energy efficient windows and light

coloured roof material is encouraged.

20 FENCING

• Australian Property Projects Kingfisher Lakes Pty Ltd will provide open style fencing to

the lake edge to ensure a consistent appearance. This fence will be provided with a

personal gate to each property. Both the fence and gate must not be altered by the

property owner and any future replacement must be in a similar colour, style and height.

• Maximum height of a fence to be 1.8m above the finished ground level

• Solid fencing is preferred where acoustical privacy is required

• 1.2m high open fencing only is permitted on the side boundary adjoining a lake or reserve

within 4.0 metres back from the lake or reserve boundary. This fence must match the

style and height of the fence provided by the developer.

• Ideally fencing between properties will be Colorbond ‘Woodland Grey’ sheeting. Where a

rendered wall or timber paling is used it must be painted in similar colouring.

• Front fencing (to the street) may be permitted, provided it is an integral part of the overall

building design and of complementary colouring. The courtyard wall or fence must be

sufficiently articulated and/or landscaped to be visually attractive, and may contain open

sections that allow for air movement. Any fence forward of the building line must be

approved by APPKL. The courtyard wall can be sited either on the front boundary, or

back from the boundary if landscaping forward of the wall is to be provided.

• Publicly visible fencing between the building and the side boundary is to be aesthetically

attractive. Typically this would be a timber gate and fence.

• All fences should be designed to be aesthetically compatible with the dwelling.

21 DRIVEWAYS

• Only one driveway is permitted to each allotment.

• Driveways should be positioned to maximize the amount of street parking.

• The preferred driveway finish is exposed aggregate.

22 EXTERNAL ATTACHMENTS

• External attachments (aerials, air-conditioners, hot water services, solar and photovoltaic

panels etc.) to the building need to be considered as an integral part of the building

design appearance. In general these items should be positioned to not be visible from

Page 12: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 11

public areas; or where they are mounted on the roof they should be located to provide an

attractive appearance.

• Air-conditioners must be positioned to not be a nuisance to neighbouring properties.

23 OUTBUILDINGS

• Outbuildings are not permitted in areas that are visible to the public, and can only be

considered where they are located behind the building, or screen walls and fencing.

• Design, materials and colours are to be consistent with the main building.

• Outbuildings must not protrude above the fenceline.

24 LANDSCAPING

• Local species are to be used in conjunction with a lesser number of exotic plants.

• Cohesion of individual allotment planting with street and water edge landscape treatment

is important, and owners are encouraged to meet this objective through their choice of

plant species.

• Use of recognized local plant species to block strong winds and summer sun, to create

privacy, and to be attractive to local birds and animals.

• Selected plant species must also be chosen to limit the potential for future structural

damage to buildings.

• Low water use plants are preferred.

• Landscaping of all publicly visible parts of the property must be completed within 6

months of occupation of the dwelling and is to include as a minimum.

- 3 trees of 2.0m high.

- 5 plants of 1.0m high.

- mulched garden beds and lawns or groundcovers.

• Regular maintenance and management must be carried out.

• A list of recommended plants can be obtained from Fraser Coast Regional Council.

(http://www.herveybay.qld.gov.au/community/environment/vegetation.shtml).

25 LAKE EDGE

• Owners are to maintain the lake edge concrete retaining beam and fence - located on the

property boundary - in good condition at all times.

• Planting on the lake edge must not be removed or trimmed without the approval of

APPKL.

26 SITE DRAINAGE

• Roof water and site drainage from each allotment is to be either to the street, or to the

pre-cast stormwater sump provided adjacent to the lakeside boundary in those allotments

that don’t fall to the street.

• The common pipe connecting the rear of allotment sumps is to be kept in a free draining

condition at all times.

Page 13: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 12

27 TRANSFER OF COVENANTS

• The covenants are to form part of any future transfer of ownership of land within the

estate and remain enforceable.

28 BUILDING ON SHARED BOUNDARIES

• Owners acknowledge that they have viewed and considered the Building Envelope Plan

in Attachment A.

• Each appreciates that a number of allotments in the development have the benefit of

“zero setbacks” and that dwellings can be erected (to a maximum length of 9m)

immediately upon shared boundaries.

• Owners accept that they must act in good faith when approaching or when approached by

others for access to neighbouring lots for construction purposes. Upon the giving of

reasonable notice, owners are to grant the necessary access to adjacent lot owners and

or their nominated agent (be it contractor, surveyor or design professional) for the

purpose of completing the intended construction.

• Owners hereby undertake to limit the disturbance caused to lots upon which they or their

agents in accordance with this covenant. They further agree to reinstate (as much as

may be possible) the burdened lot to the general condition it enjoyed immediately prior to

their entry.

• Agreements as to dividing fences and ancillary structures and designs relating to the

construction (for example clotheslines, landscaping and aesthetic effects) are to be made

between neighbours by private treaty. Australian Property Projects Kingfisher Lakes Pty

Ltd need not be a party to these negotiations.

Page 14: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

ATTACHMENT A

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 13

Extract from Hervey Bay City Council endorsed Building Envelope Plan

ATTACHMENT A - STAGE 1 BUILDING ENVELOPES

Page 15: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

ATTACHMENT A

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 14

ATTACHMENT A - STAGE 2 BUILDING ENVELOPES

Page 16: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

ATTACHMENT A

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 15

ATTACHMENT A - STAGE 3 BUILDING ENVELOPES

Page 17: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

ATTACHMENT A

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 16

ATTACHMENT A - STAGE 4 BUILDING ENVELOPES

Page 18: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

ATTACHMENT A

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 17

ATTACHMENT A - STAGE 5 BUILDING ENVELOPES

Page 19: Building Covenants - Website Version Feb2011 BSkingfisherlakes.com.au/pdf/building_covenant.pdf · The Kingfisher Lakes Building Covenant provides guidelines to assist homeowners,

BUILDING COVENANT AMENDMENTS

Kingfisher Lakes Building Covenant – May 2010 (Ver. 00) 18

BUILDING COVENANT AMENDMENTS

Amendment Date Amendment Details Author

22 May 2008 Table of Contents updated

Attachment A:

Stage 1 heading added

Stages 2-5 added to this document

IM

6 August 2009 Table of Contents updated

Sections Altered:

• 1 Introduction

• 2 Design Approval

• 3 Development Approval

• 12 Building Setbacks

• 16 Privacy Design

• 20 Fencing

Sections Added:

• 28 Building on Shared Boundaries

KP

TL

13 May 2010 Sections Altered:

• 1 Introduction

• 11 Building Design Philosophy and Objectives

• 12 Building Setbacks

• 19 Energy Conservation

• 20 Fencing

• 22 External Attachments

• 25 Lake Edge