1. Terms of the easement, profit a prendre, restriction, or positive covenant secondly referred to in the abovementioned plan.
Right of Carriageway terms as set out in Part 1 Schedule 8 of the Act ceasing upon the date that the Right of Carriageway or any part of it is opened as a public road within the meaning of the Roads Act 1993.
2. Terms of the easement, profit a prendre, restriction, or positive covenant fourthly referred to in the abovementioned plan.
2.1 No dwelling house shall be erected or permitted to remain erected on a lot burdened with external walls of other than face brick, brick veneer, stone, glass, timber, concrete treated with painted texture render or manufactured building material provided the manufactured building material is a maximum of 30% of the external surface.
2.2 No dwelling house shall be erected or permitted to remain erected on a lot burdened with external walls other than face brick, brick veneer, stone, glass, timber, concrete treated with painted texture render or manufactured bulding material provided the manufacturd building material is a maximum of 30% of the external surface.
2.3 No dwelling house shall be erected or permitted to remain erected on any lot burdened having a roof of other than tiles (terracotta or cement) or non-reflective Colorbond. Untreated zincalume is prohibited.
2.4 Not more than one main residential dwelling shall be erected on any lot burdened provided that dual occupancy of a residential dwelling on a lot burdened may be permitted provided:-
(a) The dual occupancy is an attached dual occupancy;
(b) Each part of the dual occupancy has an internal floor area of not less than 100 m2 exclusive of car accommodation, external landings and patios;
(c) The building otherwise complies with the covenants herein.
2.5 No existing dwelling house or relocatable type dwelling shall be partially or wholly moved to, placed on, re-erected or permitted to remain on any lot burdened.
2.6 No ancillary building, not being the main dwelling house, shall be erected or permitted to remain on a lot burdened unless:-
(a) It is situate no closer to the street frontage than the dwelling house;
(b) It has external walls constructed of materials permitted for the external walls of the dwelling house;
(c) It has a roof constructed of materials permitted for the dwelling house;
(d) It has an internal floor area of less than 40m2;
(An ancillary building does not include lawn lockers, pergolas, greenhouses, cubby houses or other utility type structures.)
Fencing of Common Boundaries
2.7 No fence shall be erected or permitted to remain on the boundary of a lot burdened if the same:-
(a) Is erected on the front boundary;
(b) Is erected between the building line, as fixed by the Maitland City Council, and any adjoining public road that exceeds 1,200 mm in height. This restriction shall not prevent or preclude the fencing of boundaries of a lot common with a pathway or public reserve up to 1,800 mm in height;
(c) Is constructed on a boundary behind the building line as fixed by the Maitland City Council that exceeds 1,800 mm in height.
2.8 No fence shall be erected on a lot burdened unless it is erected without expense to Ravensfield Downs Pty Limited, its successors and permitted assigns other than Purchasers on sale.
2.9 No obnoxious, noisy or offensive occupation, trade or business shall be conducted or carried on on any lot burdened.
2.10 No structure of a temporary character, basement, tent, shack, garage, trailer, camper, caravan or any other building may be used at any time as residential accommodation on the lot burdened.
2.11 No temporary structure, caravan, camper or detached ancillary building may be permitted to remain erected on a lot burdened prior to the issue of an Occupation Certificate for the dwelling house erected on the lot burdened.
2.12 No motor truck, lorry or semi-trailer with a load carrying capacity exceeding 2.5 tonnes shall be parked or permitted to remain on any lot burdened unless the same is being used in connection with the erection of a dwelling on the relevant lot burdened and only prior to occupation of the dwelling.
2.13 No boat, trailer, caravan, camper or other vehicle intended to be towed may be placed, parked, stored or permitted to remain on the lot burdened unless same is located behind the dwelling house erected on the lot burdened.
2.14 No advertising or hoarding sign including any “For Sale” sign shall be displayed or erected or any lot burdened for a period of one year from the date of transfer by Ravensfield Downs Pty Ltd without the prior written consent of Ravensfield Downs Pty Ltd.
Acknowledgment of Covenants
2.15 The proprietor of a burdened lot acknowledges that prior to purchasing the subject lot they have made their own inquiries about the nature and effect of these covenants.
2.16 The proprietor of a burdened lot acknowledges that the burden of the covenants in this instrument run with the lot for the benefit of each other proprietor of a lot in a subdivision, excluding land which is not residential, and shall be enforceable against the proprietor of each and every lot from time to time so burdened.
2.17 The proprietor of each lot acknowledges that the covenants are separate from each other and if any covenant is declared invalid or unenforceable then the remaining restrictive covenants will not be affected and each remaining covenant will be valid and enforceable to the full extent permitted by law.
Any release, variation or modification of these restrictions will be made and done in all respects at the cost and expense of the person or persons requesting same.
The name of the person having the power to release, vary or modify this Restriction as to User is Ravensfield Downs Pty Limited and if Ravensfield Downs Pty Limited no longer exist or is not the registered proprietor of the land comprised in the plan of subdivision then the person or persons for the time being the registered proprietor of land in the plan of subdivision within 50 metres of the lot burdened shall be empowered to release or vary the restriction.
3. Terms of the easement, profit a prendre, restriction, or positive covenant fifthly referred to in the abovementioned plan.
No direct vehicle access to or from Wollombi Road to any lot burdened is permitted without the consent of Maitland City Council.
4. Terms of the easement, profit a prendre, restriction, or positive covenant sixthly referred to in the abovementioned plan.
An easement is created on the terms and conditions set out in memorandum registered number AK980903. In this easement, "easement for electricity and other purposes" is taken to have the same meaning as "easement for electricity works" in the memorandum.