2. Terms of the easement, profit a prendre, restriction, or positive covenant secondly 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 than 180m2 exclusive of car accommodation, external landings and patios.
2.2 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 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 colour bond. Untreated zincalume is prohibited.
2.4 Not more than one main residential dwelling shall be erected on any lot burdened.
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.
Fencing of common boundaries
2.6 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 that exceeds 1200mm in height or is constructed of materials other than hardwood stone and/or brick.
(b) Is erected between the building line, as fixed by the Maitland City Council and any adjoining public road that exceeds 1,200mm in height or is constructed of materials other than hardwood stone and/or brick.
(c) Is contrasted on a boundary behind the building line as fixed by the Maitland City Council that exceeds 1,800mm in height or is constructed of materials other than hardwood stone, brick or colourbond.
2.7 No fence shall be erected on a lot burdened unless it is erected without expense to Thornton Land Company Pty Ltd, its successors and permitted assigns other than Purchasers on sale.
2.8 No obnoxious, noisy or offensive occupation, trade or business shall be conducted or carried on any lot burdened.
2.9 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.
2.10 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.
2.11 No motor truck, lorry or semi-trailer with a load carrying a capacity exceeding 2.5 tonnes hall 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.
2.12 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.
Acknowledgement of Covenants
2.13 The proprietor of a burdened lot acknowledges that prior to purchasing the subject lot they have made their own inquires about the nature and effect of these covenants.
2.14 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 propritor of each and every lot from time to time so burdened.
2.15 The proprietor of each lot acknowledges that the covenants are separate from each other and if any covenant is declared invalidor 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 the same.
The name of the person having the power to releae, vary or modify this Restriction as to User is Thornton Land Company Pty Limited and if Thornton Land Company Pty Limited no longer exit or is not the registered proprietor of the land comprimised 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.