1. Terms of the easement, profit and prendre, restriction, or positive covenants thirdly referred to in the abovementioned plan.
The proprietor for the time being of any lot burdened shall at all times maintain a landscaped area in the nature of trees and shrubs as approved by Maitland City Council.
2. Terms of the easement, profit a prendre, restriction, or positive covenants fourthly referred to in the abovementioned plan.
2.1 No Dwelling house may be erected or permitted to remain erected on any lot burdened having a total internal floor area of less that 200m2 exclusive of car accommodation, external landings and patios.
2.2 No Dwelling house may be erected or permitted to remain erected on any lot burdened with external walls of other than face brick, brick veneer, stone, glass or concrete treated with painted texture render.
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 Colourbond. Untreated zincalume is prohibited.
2.4 No more than one main residential dwelling shall be erected on any lot burdened, nor are ancillary buildings to be used for residential accommodation.
2.5 No existing dwelling house or relocatable type dwelling or existing shed or relocatable type shed shall be partially or wholly moved to, placed on, re-erected or permitted to remain on any lot burdened.
2.6 No fence shall be erected or permitted to remain on the boundary of a lot burdened if the same:-
a) (Road Boundary) Is erected on any road boundary that fence exceeds 1,200mm in height or is constructed of materials other than rural style, post and three rails with or without wire mesh. The upper surface of the top rail being 1,200mm high, the middle rail being 820mm high and the lower rail being 470mm high.
b) (Road to building line) Is erected from the road boundary to the building line as fixed by the Maitland City Council is 1,200 metres high or is constructed in materials other than rural style post and two rails with wire mesh.
c) (Other boundaries) Is constructed on a boundary behind the building line that exceeds 1,800mm in height or is constructed of materials other than post and wire with wire mesh or post and rail and wire mesh.
d) Is other than hard wood post and rails.
e) Has rails other than dimensions of 30mm wide and 140mm high.
2.7 Fencing associated with the dwelling house or court yards associated with the dwelling house may incorporate brick, masonry, timber and brushwood. Fencing shall not comprise sheet material such as colourbond, fibro cement or paling fences. This covenant does not preclude safety fencing associated with swimming pools.
2.8 No fence shall be erected on a lot burdened unless it is erected without expense to Valhalla Investments Pty Ltd, its successors and permitted assigns other than purchasers on Sale.
2.9 No building, not being the main dwelling house, shall be erected or permitted to remain on a lot burdened unless:-
(a) It is situated at the rear of the dwelling house; and
(b) It has an internal floor area of less than 100m2.
2.10 No shed, or other farm type outbuilding shall be constructed or permitted to remain on a lot burdened having walls of corrugated galvanised iron or similar materials provided that new Colourbond metal sheeting may be used in the external walls of a farm building where such colourbond metal sheeting has a low reflective index and is of earth tone colours.
2.11 No obnoxious, noisy or offensive occupation, boarding kennels, boarding facilities, trade or business shall be conducted or carried out on any lot burdened.
2.12 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.
2.13 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.
2.14 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.
2.15 No boat, trailer, caravan, camper or other vehicle intended to be towed may be placed, parked, stored or permitted to remain on thelot burdened unless same is located behind at the rear of the dwelling house erected on the lot burdened.
2.16 No shipping container may be placed, parked, stored or permitted to remain on any lot burdened.
Acknowledgement of Covenants
2.17 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.
2.18 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 and shall be enforceable against the proprietor of each and every lot from time to time so burdened.
2.19 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.
5. Terms of the easement, profit a prendre, restriction, or positive covenants seventhly referred to in the abovementioned plan.
The owner of each Burdened lot must not:-
a) subdivide the Burdened lot if the subdivision would create a lot with an area that is less than 1,500 square metres; and
b) subdivide the Burdened lot so as to create lots in a strata plan or community title scheme; and
c) erect any habitable building on the Burdened lot outside the relevant building envelope for the lot designated A on the Plan.
d) erect any more than one dwelling house on the Burdened lot.
Name of person or Authority empowered to release, vary or modify the easements numbered? and? in the plan:
The name of the person or entity having the power to release, vary or modify this Restriction as to User is Valhalla Investments Pty Ltd no longer exists, 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 subdivisions within 50 metres of the lot burdened shall be empowered to release or vary the restriction.