Browse Forums Buying Land Re: Cloverlea Estate - Chirnside Park VIC 342Mar 25, 2014 9:26 pm Hi all here is the latest MCP sent from Rochelle today. Sorry about the cut and paste hack job, but couldnt figure how to attach document. Sanna Help! Or is it only pics which can be uploaded? Happy to email PDF attachment is requested. Memorandum of Common Provisions Section 91A Transfer of Land Act 1958 15781010A MCP 1. The provisions are to be numbered consecutively from number 1. 2. Further pages may be added but each page should be consecutively numbered. 3. To be used for the inclusion of provisions in instruments and plans. Page 1 of 1 THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone 8636-2010 Bris_Docs 1353929 8020216 v2 Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. Lodged by Name: HERBERT GEER Phone: (613) 9670 6123 Address: Level 20 385 Bourke Street MELBOURNE VIC 3000 Reference: VMS:1353929 Customer Code: 690Q This memorandum contains provisions which are intended for inclusion in instruments and plans to be subsequently lodged for registration. Provisions 1. Definitions In this Memorandum: Covenants means the covenants contained in this Memorandum; Estate means all of the land in the Plan; Land means the relevant individual lot on the Plan; and Plan means plan of subdivision PS707434A. 2. Use of Land The Land must not be used for any dwelling other than a single unit private dwelling and cannot be further subdivided. This covenant does not apply in relation to any super lot created as part of the staged subdivision of the Estate. 3. Building Construction Program 3.1 Construction of dwelling must not commence later than 24 months after settlement of the Land purchase and must not be completed later than 42 months after settlement of land. 4. Care and Maintenance of the Property 4.1 No rubbish shall be allowed to accumulate or be placed upon the Land. 4.2 During building construction, trade and delivery vehicles must not be parked on footpath, verges or on park reserves or hinder development construction in any way. 4.3 No trees may be removed, without the written consent of the relevant authority. 4.4 Construction on the dwelling shall not occur without the implementation and maintenance of all sediments and erosion control measures as required by the local or state laws. 5. Detach Garages, Garden Sheds and Other Buildings 5.1 The Purchaser must not construct, or move an existing garage or outbuilding of any type onto the Land as a sole structure without first obtaining from the relevant authority its written permission to do so. 5.2 There shall not at any time be erected on or placed or remain on the Land any caravan, tent, temporary building or structure or other installation or any thing of a like nature except sheds, workshops or office rooms to be used in connection with works for a permanent building in the course of construction and in no instance shall any structure be used as a temporary dwelling. All temporary structures must be removed upon completion of the permanent building. 5.3 Sheds and Ancillary Structures (a) All ancillary structures to the house including garden sheds, solar hot water systems, solar energy panels, air conditioning units, satellite dishes, TV antennas, clothes lines and rainwater tanks are required to be concealed when viewed from the street frontage and side of all houses. No structures are permitted to extend above the roof ridgeline or highest point of the roof of the home. (b) Uncoated galvanised or zincalume steel sheeting must not be used on the Land under any circumstances. 6. Previously Erected and Prefabricated / Relocatable Buildings No building previously erected on other land or any relocatable or prefabricated building or part thereof may be erected or placed upon the Land as part of a new building. 7. Property Fencing 7.1 Side and rear boundary fences must not be constructed of material other than timber. 7.2 All side and rear boundary fences must not be less than 1800mm (or 5' 11") high above ground level. 7.3 Side boundary fencing must be set back no less than 1.0 metre behind the front façade of the house. 7.4 Fencing to side streets (secondary frontage) on corner allotments must finish no less than 3.0 metres behind the main building line, i.e. behind the forward-most part of the house. 8. Right to Vary or Exclude Covenant(s) CSR/CPCC reserves the right at its discretion to vary or exclude any of the requirements under the Covenants. 9. Dwelling Design Guidelines No dwellings shall be built unless they comply with the following guidelines 9.1 to 9.2: 9.1 Exterior Appearance and Streetscape (a) All front elevations for any house on any allotment must be articulated. (b) No painted compressed sheeting over any door, garage or window openings is permitted to front facades. (c) Each façade must contain not less than two distinct building materials (e.g. face brick and render, face brick and timber cladding, rock and render etc.). 9.2 Building Materials (a) Home designs must ensure that there are no broad flat walls without any variety of variations in texture on street facings facades. This may be achieved by using some or all of the following materials: (i) Sections of texturing masonry (ii) Painted and stained timber weatherboard (iii) Corrugated metal finishes such as prefinished corrugated metal (except zincalume or galvanised) (iv) Window variations such as louvers (v) Inclusion of battens and slats (vi) Face brick and / or natural stone (vii) Render (viii) Bagged and painted (not to front façade) (b) The materials shall be used as feature elements and no one single element should be adopted as the primary material for a home. 9.3 Corner Allotments (a) Corner allotments must be designed to have facades that address both street frontages. In addition, two or more of the following features must be provided on the secondary street frontage: (i) Feature window or similar to match the front elevation (ii) Roof gables or detailing complementing the architectural style (iii) Façade articulation (iv) Variety in materials (v) Duplication of front façade elements (b) Landscaping must be provided to the secondary street frontage. A density of no less than 8 plants per square meter in 150 mm pots for covers and grasses is required. 9.4 Allotments facing Parkland or Council Reserves (a) Allotments that front, side or back onto parkland must address both the road and park frontage. This is achieved by façade (front, side and rear) detailing, which should include: (i) Replicating façade detailing or elements (ii) Dwelling living areas which open onto private open space fronting the parkland (iii) Front floor windows and or verandahs overlooking the park to provide design detail 9.5 Plumbing Fixtures and Fittings (a) External plumbing fixtures and fittings (excluding guttering) must not be visible when viewed from the street frontage and side of all houses. (b) All allotments within the development have been provided with access to Class A recycled water (purple pipe) when made available by the responsible authority Yarra Valley Water Limited. The purchaser must install access to recycled water for each property. Enquiries with regard to timing can be made by contacting Yarra Valley Water. All toilets must be connected to the recycled water main (purple line) installed in the development. 9.6 External Colour Schemes Highly reflective and bright colours must not be used as major roof and wall colours. 9.7 Roofing (a) The main roof of a dwelling will a hipped roof must have a roof pitch of not less than 22 degrees. (b) Skillion roofing must not be incorporated unless it complies with the following standards: (i) Must have a minimum pitch of 5 degrees (ii) Must include significant overhangs (iii) Must not be attached to a hip roof to form part of the main roof of the house (c) Roofing must be non-reflective and may be either tiles (terracotta, concrete, clay or slate) or corrugated metal sheets ("prefinished corrugated metal (except zincalume or galvanised)" or similar). (d) Flat roofs are not permitted to single storey dwellings. 9.8 Garages (a) Garages must not protrude past the front wall of the house and must be set back from the front boundary by 5.5 metres measured in a straight-line perpendicular from the centre of the garage door to the lot boundary. (b) On corner allotments, garages facing the secondary street boundary must be set back by a minimum 2.0 metres. 9.9 Driveways (a) The following standards must be adhered to: (i) Driveways must be constructed in accordance with the requirements of the local authority (ii) Existing footpaths must not be damaged or removed (iii) Car tracks or gravel driveways of any kind are not permitted (iv) Driveways must be completed by the date of issue of the Certificate of Occupancy (v) Driveways and paths facing any primary or secondary street frontage or parklands must not be constructed of plain concrete. Permitted materials are coloured or stamped or stencilled or fauxbrick or exposed aggregate concrete or bricks pavers. (b) During construction of a dwelling, any existing vehicle crossovers must be protected and any damage repaired by the purchaser / builder at its cost. 9.10 Protection of Street Trees and Nature Strips Any damage or removal of street trees outside allotments will be the responsibility of the purchaser and its builder. Street trees must be re-planted at the cost of the purchaser / builder, if found broken or damaged. 9.11 Building Construction Access to the Allotment Building works will not be permitted unless the purchaser and its builder provide a temporary fence within the lot boundaries for the duration of the building works to contain wind-blown litter on the allotment. Rubbish must only be placed in approved receptacles subject to the Regulations of the relevant authority. 9.12 Landscaping Landscaping works to the front of the dwelling must not be completed later than 3 months after the issue of a certificate of occupancy. At least one third of the front yard (excluding driveway) is to be garden beds with the remaining grassed. Garden beds to include at least 2 x 45 ltrs trees and 2-3 plants per square metre of garden bed. Re: Cloverlea Estate - Chirnside Park VIC 343Mar 25, 2014 9:52 pm Hi sandcastle , sorry I've only just got photo bucket worked out we have all that info in our contract, hopefully everyone else has too, but if not that's what this forum is for thank you!!! Re: Cloverlea Estate - Chirnside Park VIC 344Mar 26, 2014 8:34 am We will be back on the 17th, so hopefully we will be land owners by then! Re: Cloverlea Estate - Chirnside Park VIC 346Mar 26, 2014 8:37 am AlfieLarry We will be back on the 17th, so hopefully we will be land owners by then! That's exciting! Hope you have a great trip! We were hoping the same thing (we just got back from overseas last week) would happen when we were overseas, alas, we are back in Melbourne and no land... yet. Re: Cloverlea Estate - Chirnside Park VIC 347Mar 26, 2014 11:08 am BrendonH Im going to try check out Carlisle on the weekend, but i have a feeling they will be the same as PD! Henleys inclusions and some of there current promotions would be hard to beat! $1200 for double glazed argon filled windows!!! I've spoken to some glaziers and they are dumb founded how they can sell it at that!! We are dealing with Sean Bamford down at Berwick waters. So far he has been great! Has your block got much fall? Did Henley lock in site costs once you have your soil test done? Our block is only meant to have 400mm of fall max from back corner to the front, so across the building envelope even less! It looks pretty flat to me when we have been to have a look! Henley haven't locked our site costs in yet as we haven't been able to get a soil test done! But once that is done, they are locked in! They have also been really great with not forcing us to sign our contract on provisional site costs! We were meant to sign our contract back in November which we haven't and we were meant to commence our build in February which obviously hasn't happened either! Re: Cloverlea Estate - Chirnside Park VIC 349Mar 26, 2014 12:02 pm That's great Rhiles! Hopefully things move quickly from now on! I might have to chat to our builder, PD have been told they can't go on until settlement I keep on checking my email (refresh, refresh!) but have heard nothing about titles. Re: Cloverlea Estate - Chirnside Park VIC 350Mar 26, 2014 12:56 pm ftdt7882 That's great Rhiles! Hopefully things move quickly from now on! I might have to chat to our builder, PD have been told they can't go on until settlement I keep on checking my email (refresh, refresh!) but have heard nothing about titles. We have been told titles due today! Then 2 weeks for settlement! Get your builder to call your convenycer! Re: Cloverlea Estate - Chirnside Park VIC 351Mar 26, 2014 1:04 pm Also, our fill levels are completely different to what we were originally told when we first signed up! We were told several times that we only had fill at the back of our block which is not the case now having received our soil report! Re: Cloverlea Estate - Chirnside Park VIC 352Mar 26, 2014 1:14 pm rhiles Also, our fill levels are completely different to what we were originally told when we first signed up! We were told several times that we only had fill at the back of our block which is not the case now having received our soil report! Is that going to bump up your site costs do you think? What was your site classified as? There should be a compaction report coming through with the titles - I was told at the time we bought the land that we should give this to the builder as it will help with determining (and quite possibly reducing) site costs etc. Re: Cloverlea Estate - Chirnside Park VIC 353Mar 26, 2014 2:00 pm ftdt7882 rhiles Also, our fill levels are completely different to what we were originally told when we first signed up! We were told several times that we only had fill at the back of our block which is not the case now having received our soil report! Is that going to bump up your site costs do you think? What was your site classified as? There should be a compaction report coming through with the titles - I was told at the time we bought the land that we should give this to the builder as it will help with determining (and quite possibly reducing) site costs etc. Our soil came back as a P class! Not great, saying highly reactive soil! And 3 metres of fill all over our block!!!! Not impressed with that at all as there should be none at the front.. We will now possibly need to pier our whole house! Depends on how the engineer would like to play it. One positive is they said compaction has been done well. Re: Cloverlea Estate - Chirnside Park VIC 354Mar 26, 2014 2:08 pm rhiles ftdt7882 rhiles Also, our fill levels are completely different to what we were originally told when we first signed up! We were told several times that we only had fill at the back of our block which is not the case now having received our soil report! Is that going to bump up your site costs do you think? What was your site classified as? There should be a compaction report coming through with the titles - I was told at the time we bought the land that we should give this to the builder as it will help with determining (and quite possibly reducing) site costs etc. Our soil came back as a P class! Not great, saying highly reactive soil! And 3 metres of fill all over our block!!!! Not impressed with that at all as there should be none at the front.. We will now possibly need to pier our whole house! Depends on how the engineer would like to play it. One positive is they said compaction has been done well. 3 Meters of fill?? Have you got a fill/cut report from cloverlea that contradicts the soil report? Given the previous fall/contours of the original site i'm not surprised they had to fill to get some flat blocks. I hope these sites are not as deceptive as a padded bra!!!! Re: Cloverlea Estate - Chirnside Park VIC 355Mar 26, 2014 2:10 pm rhiles Our soil came back as a P class! Not great, saying highly reactive soil! And 3 metres of fill all over our block!!!! Not impressed with that at all as there should be none at the front.. We will now possibly need to pier our whole house! Depends on how the engineer would like to play it. One positive is they said compaction has been done well. Well, it's positive that they said compaction had been well done. I can understand your surprise at the fill though. That's a massive difference. We had a preliminary soil test done very early last year and back then our block came back as a P, with 1800mm of fill at the front but nothing at the rear. But at that stage they hadn't even started doing a great deal of work. They recommended a H1 Waffle slab with piers, very exxy, almost fell off my chair! But as I said, that was all based on the block over 12 months ago. Hopefully it has changed somewhat. Although I am not banking on it, but it would be nice to shave some $$ off the preliminary site costs. Re: Cloverlea Estate - Chirnside Park VIC 357Mar 26, 2014 2:15 pm 3 Meters of fill?? Have you got a fill/cut report from cloverlea that contradicts the soil report? Given the previous fall/contours of the original site i'm not surprised they had to fill to get some flat blocks. I hope these sites are not as deceptive as a padded bra!!!! [/quote] Yep, its actually more than 3 metres over the entire block!!! We will get out the engineering we were given tonight but it has definitely been changed and we were definitely told inaccurate information from Cloverlea. And there is a clause which of course gets them out of it.. I think our site costs will blow out for sure now. Re: Cloverlea Estate - Chirnside Park VIC 358Mar 26, 2014 2:35 pm ftdt7882 rhiles Our soil came back as a P class! Not great, saying highly reactive soil! And 3 metres of fill all over our block!!!! Not impressed with that at all as there should be none at the front.. We will now possibly need to pier our whole house! Depends on how the engineer would like to play it. One positive is they said compaction has been done well. Well, it's positive that they said compaction had been well done. I can understand your surprise at the fill though. That's a massive difference. We had a preliminary soil test done very early last year and back then our block came back as a P, with 1800mm of fill at the front but nothing at the rear. But at that stage they hadn't even started doing a great deal of work. They recommended a H1 Waffle slab with piers, very exxy, almost fell off my chair! But as I said, that was all based on the block over 12 months ago. Hopefully it has changed somewhat. Although I am not banking on it, but it would be nice to shave some $$ off the preliminary site costs. Who are you building with? We were told $20K provisional. Re: Cloverlea Estate - Chirnside Park VIC 359Mar 26, 2014 2:48 pm rhiles 3 Meters of fill?? Have you got a fill/cut report from cloverlea that contradicts the soil report? Given the previous fall/contours of the original site i'm not surprised they had to fill to get some flat blocks. I hope these sites are not as deceptive as a padded bra!!!! Yep, its actually more than 3 metres over the entire block!!! We will get out the engineering we were given tonight but it has definitely been changed and we were definitely told inaccurate information from Cloverlea. And there is a clause which of course gets them out of it.. I think our site costs will blow out for sure now.[/quote] Does the clause word "fair or reasonable"?? Because ideally you paid good dollar for a flat block when realistically you paid for a block that has 3 mtrs fall of natural soil and filled to a 400 mm fall. Yeah I don't know why I came to a forum. Place is full of wierdos/pedos thought internet may help but I suppose I'll try my luck with someone in person. Cheers. I tried… 0 6504 I have posted this before: We hired Darbecca to do every stage inspection, and I strongly recommend them to anyone that asks me. They were amazing. Thorough reports… 2 4613 |