Terms of Restriction on the use of Land
“Avalon” means Avalon Rural holdings Pty Ltd ACN 002 294 911
“Principal Building” means a building that is the first building erected or permitted to
remain on the Lot burdened which contains one or more residences.
2. No principal building shall be erected or permitted to remain on the Lot burdened unless the living area (being the total area of the main building exclusive of car accommodation, external landings, patios and verandahs) of the said principal building is in aggregate (if more than one residence) equal to or greater than two hundred square metres.
3. No building including a principal building shall be erected or permitted to remain on the Lot burdened unless the external walls thereof are constructed of a combination of the following:
i) Un-rendered, unpainted bricks and/or stone; or
ii) Bricks and/or stone which have been coated with materials known as “granosite” or “granotex” or other similar coatings; or
iii) Glass; or
iv) Texture coated material which means fibre cements sheeting’s recessed edges which is attached to the frame of the building in such a manner that all joints, and all materials use in affixing of such sheets, are concealed and which is coated with a texture roll or towel on finish based on acrylic, with the ultimate or final colour added, together with a system of reinforcing joints to obtain a monolithic appearance; or
v) Painted fibre-cemebr sheeting; or
vi) Timber; or
vii) concrete; or
viii) Aluminium; or
ix) such other materials, in such proportions, as may be approved by Avalon which approval may be given or withheld by Avalon in its absolute discretion;
Provided that the aggregate of the parts of external walls constructed of fibre-cement seeting (unless forming part of any texture-coated material), timber, concrete, aluminium, or a combination of these materials does not exceed twenty five per centum of the total area of the external walls.
4. Ni building shall be erected on or permitted to remain on the Lot burdened having a roof constructed of any material other than terracotta roof tiles, concrete roof tiles, timber shingles, slate, coloubond corrugated metal or other similar factory pre-coated corrugated metal.
5. No fence shall be erected or permitted to remain on the Lot burdened if the same:
i) is erected between the building line fixed by the Council of the City of Maitland in respect of the lot burndened and any public road to the front of the main building erected on the said lot burdened faces; or
ii) is erected between any street to which the lot burdened does about and any main building erected on the lot burdened; or
iii) Exceeds 1.8m in heights; or
iv) is constructed in materials other than:
Lapped and capped stained timber
Lapped and capped pine impregnated with copper chrom arsenate (commonly known as treated pine)
Cement rendered and painted brick or concrete blocks
Bricks or concrete blocks coated with the process commonly known as “Granotex” or “Granosite” or other similar product in the manner recommended by the Manufacturer
Sheet metal that has been treated with the process commonly known as colour bonding or other similar factory pre-coated process, provided that the section of uninterrupted fence is no longer than fifty metres,
Open style post and wire rural standard fence (on any common boundary of a lot with residential zone and a lot with an environmental zone)
6. No dividing fence shall be erected on the lot burdened unless it is erected without expense to Avalon, its successors and assigns other than the purchasers on sale.
7. No plant, machinery and/or other equipment, including but without limiting the generality thereof any caravan, box trailer, boat-trailer, unregistered motor vehicle or any part thereafter shall be permitted to remain on any part of the lot burdened, that is between the rear main building line of the lot and the public road to which that lots abuts, for a period exceeding fourteen (14) consecutive days without being removed from the lot burdened. Any such item that is removed from the lot burdened for a period of less than seven (7) consecutive days shall be deemed to have remained on the lot burdened for the period during which it was removed.
8. No structure of a temporary nature of character which is indented for habitation, including but without limiting the generality thereof, any basement, tent, shed, shack, garage, trailer, camper, or caravan, shall be erected or permitted to remain on the lot burdened.
9. No earth, stone, gravel or trees shall be removed or excavated form any lot burdened except where such removal or excavation is necessary for the erection of a building on the relevant lot burdened or to facilitate all reasonable landscaping on the said lot and no lot shall be permitted to be, appear or remain in an excavated or quarried state.
10. No fuel storage tanks (except any such tank or tanks used for oil heating purposes) shall be place upon or permitted to remain on any lot burdened.
11. No noxious, noisome or offensive occupation, trade, business manufacturing or home industry shall be conducted or carried out on any lot burdened.
12. No commercial or boarding kennels shall be contrasted or permitted to remain on any lot burdened.
13. No advertisement hoarding sign or matter of any description shall be erected or displayed on any lot burdened, but nothing is this restriction shall prevent the proprietor f any lot burdened from displaying not more than one sign on the lot burdened advertising the fact that the relevant burdened is for sale.
14. No motor truck, lorry or semi trailer with a load carrying capacity exceeding two point five tonnes shall be parked or permitted to remain on any lot burdened unless the same is used in connection with the erection of a building n the relevant lot burdened.
15. No building or construction work shall be permitted, or allowed to continue, on the lot burdened unless:
i) the lot burdened is maintained in a clean and tidy condition as is practicable having regard to the nature of the construction being carried our; and
ii) all rubbish of refuse generated by such construction work is collected or removed from the lot burdened not less than once every four (4) weeks; and
iii) no object or thing generated by the contraction of the building on the lot burdened including but without limiting the generality thereof any spoil or builders rubbish is deposited or permitted to remain on any lot adjoining the lot burdened.
16. No clothes line shall be erected or permitted remain on the lot burdened unless the same is not visible from any public road and/or place PROVDED LWAYS that nothing in the restriction shall prevent the erection and maintenance of a clothesline where all care had been taken to ensure that the same is at least obvious as possible having regards to the topography o the relevant lot burdened as related to any surrounding public roads and/or places.
17. No air conditioning plant and/or equipment shall be installed or permitted to remain on any building erected on the lot burdened unless the same is either
i) Not visible from any road and/or place; or
ii) is screened from any public road and/or place