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ln s pro d t.or a l Livl!~q
Vendor's StatementStage 6, Harcrest, 525 Stud Road,Wantirna South
Property: Lot No.:on proposed Plan ofSubdivision No.PS724276U
Ref RG/DE 9070262 1104452212
© cores Chambers Westgarth
Vendor's Statement to the Purchaser of realestate under section 32 of the Sale of LandAct 1962 (Act)
Vendor: The Trust Company Limited as custodian and agent for theMirvac Wholesale Residential Development PartnershipTrust
Important notices to PurchasersThe use to which you propose to put the property may be prohibited by planningor building controls applying to the locality or may require the consent or permitof the municipal councilor other responsible authority. It is in your interest toundertake a proper investigation of permitted land use before you commityourself to buy. You should check with the appropriate authorities as to theavailability (and cost) of providing any essential services not connected to theproperty.
The property may be located in an area where commercial agricultural productionactivity may affect your enjoyment of the property. It is therefore in your interestto undertake an investigation of the possible amenity and other impacts fromnearby properties and the agricultural practices and processes conducted there.
1 RestrictionsInformationconcerninganyeasement,covenantor other similar restrictionaffecting the Property(registeredor unregistered):
1.1 Description:
As set out in the attachedcopiesof title documenUs.
1.2 Particularsof anyexistingfailure to complywith their terms are as follows:
Noneto the Vendor's knowledge.
2 Planning & road access2.1 Informationconcerningany planning instrument:
Is contained in the attachedcertificate.
2.2 There is accessto the Propertyby road.
11044522/2
3 Outgoings & statutory chargesInformation concerning any rates, taxes, charges or other similar outgoings(including any body corporate charges) and any interest payable on any part ofthem, including any amounts (including any proposed body corporate levy) forwhich the Purchaser may become liable in consequence of the purchase of theProperty:
3.1 The Property is not separately rated or assessed for rates and taxes at thedate of this statement. The attached certificates relate to land which includesthe Property. The Vendor is unable to accurately estimate the exact outgoingswhich will apply to the Property after approval and registration of the proposedplan of subdivision although they are not expected to exceed $4,500.00.
3.2 The Purchaser should make its own enquiries of relevant rating and taxingauthorities concerning the level of rates, taxes, charges and other outgoingswhich will be payable on the Property after settlement.
3.3 The attached certificates do not form part of this Statement but are provided forinformation purposes only.
4 ServicesInformation concerning the supply of the following services:
Service Status Name of Authority (ifservice is connected)
4.1 Electricity Not currently available but will be available(but not connected) at Settlement
4.2 Gas Not currently available but will be available(but not connected) at Settlement
4.3 Water Not currently available but will be available(but not connected) at Settlement
4.4 Sewerage Not currently available but will be available(but not connected) at Settlement
4.5 Telephone Not currently available but will be available(but not connected) at Settlement
4.6 Where any water supply or sewerage service connected to the land is not ofthe standard level available in the locality, the level of service provided is asfollows:not applicable.
5 Building approvals and insurance5.1 Particulars of any building approval granted during the past seven years
under the Building Control Act 1981 or the Building Act 1993 (required onlywhere the Property includes a residence):are contained in the attached certificates.
11044522/2
5.2 Particulars of any guarantee issued in the past seven years under the HouseContracts Guarantee Act 1987 (required where the Property includes aresidence constructed by an owner-builder):
no such guarantee has been issued.
5.3 Particulars of any required insurance effected in the past six years under theBuilding Act 1993 (required where the Property includes a residence to whichsection 137B of the Building Act 1993 applies):None to the Vendor's knowledge.
6 NoticesParticulars of any notice, order, declaration, report or recommendation of apublic authority or government department or approved proposal affecting theProperty of which the Vendor might reasonably be expected to haveknowledge, including any:
6.1 affecting the Body Corporate and any liabilities (whether contingent, proposedor otherwise) where the Property is in a subdivision containing a BodyCorporate, including any relating to the undertaking of any repairs to theProperty;
6.2 quarantine or stock order imposed under the Stock Diseases Act 1968(whether or not the quarantine or order is still in force);
6.3 notice pursuant to section 6 of the Land Acquisition and Compensation Act1986;
are contained in the attached certificate/s and/or statement/s, if any.
The Vendor is not aware of any other notice, order etc. other than the usualrate notices and other than such as may be contained in the planninginstruments referred to in section 2 of this Statement. The Vendor has nomeans of knowing all decisions of public authorities and governmentdepartrnents affecting the Property unless communicated to the Vendor.
7 Environmental Audit7.1 A copy of the Certificate of Environmental Audit for Lot 3 on Plan of Subdivision
PS608190E (Lot 3), of which the Property forms part, is attached to thisVendor's Statement. A copy of the full environmental audit report for Lot 3 isavailable upon request.
~ -ritleAttached are copies of the following documents concerning the title:
8.1 the Certificate/s of Title and/or Crown Grant/s and/or an authorisedreproduction of the folio/s of the Register.
8.2 any registered or certified or proposed plan of subdivision, together with anyproposed amendments to the certified plan (as the case may be).
8.3 any other documents relating to the title.
11044522/2
9 ProposalsFor the purposes of sections 32(3)(ba)(ii) and 32(3)(ba)(iii) of the Sale of Land Act 1962(Vic) (if applicable), the Vendor has not yet complied with the requirements of thestatement of compliance for proposed Plan of Subdivision no PS705529Y. Subject toplanning and other statutory approvals, the Vendor proposes to develop the remainderof the Vendor's development known as 'Harcrest' as a predominantly residentialdevelopment with some ancillary uses, generally in accordance with the plans formingpart of the relevant planning permit, a copy of which is attached.
Date of this Statement: I I
Signed sealed and delivered onbehalf of The Trust CompanyLimited by its attorneys
and
under a Power of Attorney dated 6December 2013 who declare that theyhave not received any notice of therevocation of that Power of Attorney inthe presence of
Signature of Witness Signature of Attorney
Name of Witness (print) Name of Attorney (print)
Signature of Attorney
Narne of Attorney (print)
1104452212
The Purchaser acknowledges being given a duplicate of this statement signed by theVendor before the Purchaser signed any Contract.
Date of this Acknowledgement: / /
Signature/sof the Purchaser
Please note that where the property is to be sold on terms under section 32(2)(f)of the Act and/or sold subject to a mortgage that is not to be discharged by thedate of possession (or receipt of the rents and profits) of the property undersection 32(2)(a)of the Act- then the Vendor must provide an additional statementcontaining the particulars specified in Schedules 1 and 2 of the Act.
1104452212
Register Search Statement for Certificate ofTitles
11044522/2
Register Search Statement - Volume 11480 Folio 789
Copyright State of Victoria. This publication is copyright.No part may be reproduced by any process except in accordance withthe provisions of the Copyright Act and for the purposes of Section32 of the Sale of Land Act 1962 or pursuant to a written agreement.The information is only valid at the time and in the form obtainedfrom the LANDATA REGD ™ System. The State of Victoria accepts noresponsibility for any subsequent release, publication or reproductionof the information.
REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958
VOLUME 11480 FOLIO 789 Security no: 124050488037BProduced 13/05/2014 11:29 am
LAND DESCRIPTION
Lot B5 on Plan of Subdivision 648225L.PARENT TITLE Volume 11406 Folio 807Created by instrument PS648225L 20/03/2014
REGISTERED PROPRIETOR
Estate Fee SimpleSole Proprietor
THE TRUST COMPANY LTD of 60 MARGARET STREET SYDNEY NSW 2000PS648225L 20/03/2014
ENCUMBRANCES, CAVEATS AND NOTICES
MORTGAGE AG914580J 09/12/2009ANZ FIDUCIARY SERVICES PTY LTD
Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section24 Subdivision Act 1988 and any other encumbrances shown or entered on theplan set out under DIAGRAM LOCATION below.
AGREEMENT Section 173 Planning and Environment Act 1987AF636445X 08/02/2008
AGREEMENT Section 173 Planning and Environment Act 1987AH503122A 17/09/2010
DIAGRAM LOCATION
SEE PS648225L FOR FURTHER DETAILS AND BOUNDARIES
ACTIVITY IN THE LAST 125 DAYS
NUMBERPS648225L (S) PLAN OF SUBDIVISION
STATUSRegistered
DATE20/03/2014
DOCUMENT END
Delivered from the Landata ® System by SAl Global Property Division pty LtdDelivered at 13/05/2014, for Order Number 21194561. Your reference: 9074088.
Delivered by LANDATA®. Land Victoria timestamp 13105/2014 11 29 Page 1 of 8© State of Victoria This publication is copynght No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and forthe purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement The information is only valid at the time and In the form obtained fromthe LANDATA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the Information.
Signed by Council KnoxCily Council. Council Ref CrU201218133.P/2011/6972 OnqmatCaruqcauon 19/12/2013 SOC 26/02/2014
STAGE No LRS USE ONLY PLAN NUMBER
PLAN OF SUBDIVISION~ EDITION 1 PS 648225 L
LOCATION OF LAND COUNCIL CERTIFICATION AND ENDORSEMENTPARISH: SCORESBY
COUNCIL NAME: KNOX CITY COUNCIL REF:TOWNSHIP: - 1 true plan IScertified under Section 6 of the Suborcrsron Act 1988.
2 Ttns plan IScertified under Section 11(7) of the Suborvrs.on Act 1988SECTION: Date of anginal certification under Sechcn 6. 1 1
3 rtns ISa statement of compliance Issued under Section 21 of the
CROWN ALLOTMENTS: 43,44 & 44C (PARTS) Suborvrsron Act 1988.
PUBLIC OPEN SPACECROWN PORTION: i'i A requirement for public open space under Section of the
Subcrvrsion Act 1988 has I has not been madeTITLE REFERENCES: Va! 11406 FoL807 (II) The requirement has I has not been sausfle
(III) The requirement ISto be sausueo In StLAST PLAN REFERENCE/S: PS 705515 L (LOT B10) (IV) The requirement has been sanene 0'
POSTAL ADDRESS: 525 STUD ROAD.Council Delegate
(At time of subdiVISion) WANTIRNA SOUTH, 3152 ccuncn SealDate 1 1
MGA cc-crdlnates E 344 982(of approx centre of land N 5805551 ZONE 55 Re-certified der Section 11(7) of the succwercn Act 1988In plan) Council eteaate
Cm II SealVESTINGOF ROADSANDIORRESERVES te 1 1
IDENTIFIER COUNCIL I BODY I PERSON
ROADS R1 KNOX CITY COUNCIL NOTATIONSRESERVE No 1 SPI ELECTRICITY PTY LTD STAGING Ttus ISnot a staged sutxnvrsrcn.RESERVE No 2 KNOX CITY COUNCIL Plannmg permit No. P/2011/6972
OTHER PURPOSE OF PLANDEPTH LIMITATION OF 15.24 METRES APPLIES TO CROWN ALLOTMENT 44C ONLY
1.TO REMOVE THAT PART OF EASEMENT E·2 CREATED ON THE DEFINED ENDS OF EASEMENTS ARE PERPENDICULAR TO THE ADJOININGPS630776V AND AFFECTING VOL 11352 FOL 330 PURSUANT BOUNDARY UNLESS OTHERWISE SHOWNTO PLANNING PERMIT P/2011/6972,
LOTS 1 TO 177 AND B1 TO 84 (ALL INCLUSIVE) HAVE BEEN OMITTED FROM TH!S PLAN2, TO REMOVE EASEMENT E-10 CREATED ON PS705515L
PURSUANT TO PLANN!NG PERMIT P/2011/6972
THIS IS A SPEAR PLAN.HARCRfST THIS PLAN IS BASED ON SURVEY
RELEASE 431 LOTS • THIS SURVEY HAS BEEN CONNECTED TO PERMANENT MARKS No.rs]
BALANCE LOT 85 IN PROCLAIMED SURVEY AREA No.
EASEMENT INFORMATIONLEGEND A - Appurtenant Easement E - Encumbering Easement R-Encumberlng Easement (Road)
LRS USEONLYEasement Purpose Width Orrqm Land Beneuteonn Favor Of STATEMENT OF COMPLIANCEIReference (Metres) EXEMPTION STATEMENT
E-1 SEWERAGE 3 PS608189 N SOUTH EAST WATER LTD
E-2 SEWERAGE SEE PLAN THIS PLAN SOUTH EAST WATER CORPORATION RECEIVED 0E-2 DRAINAGE SEE PLAN THIS PLAN KNOX CITY COUNCIL
E-3 SEWERAGE 2 PS 630775 X SOUTH EAST WATER LTD
E-' DRAINAGE 2 PS 630775 X KNOX CITY COUNCIL DATE' 7103/2014E-5 SEWERAGE & WATER SUPPLY SEE PLAN PS 630776 V SOUTH EAST WATER LTD
E-5 DRAINAGE SEE PLAN PS 630776 V KNOX CITY COUNCILLRS USEONLY
E-. WATER SUPPLY SEE PLAN PS 630776 V SOUTH EAST WATER LTD
E-7 SEWERAGE & WATER SUPPLY SEE PLAN PS 705515 L SOUTH EAST WATER CORPORATION PLAN REGISTERED
E·7 DRAINAGE SEE PLAN PS 705515 L KNOX CITY COUNCIL TIME 8.47 am
E·' WAY SEE PLAN PS 705515 L RELEVANT ABUTTING LOT DATE 20/03/2014a-s SEWERAGE 2 PS 705515 L SOUTH EAST WATER CORPORATION
E·10 SEWERAGE SEE PLAN THIS PLAN SOUTH EAST WATER CORPORATION
E-10 DRAINAGE SEE PLAN THIS PLAN KNDX CITY COUNCILTom Guljas
E·11 WATER SUPPLY • THIS PLAN SOUTH EAST WATER CORPORATION Assistant Registrar of Titles
SHEET 1 OF 7 SHEETSTGM Group Melbourne
~
LICENSED SURVEYOR (PRINT) BRENT KEVIN O'GRADY
~
765 Glcnfc"'c Road (PO Box 2304)Hnwll,om V'c 3122 (DIGITALLYSIGNED)T 0388629333 SIGNATURE DATE 1 1F 0398194909ABN11'25568461 REF 3228·33 VERSION 10 Ewwwl9mgro"pcorn ~,("•...,I" ""_"c'
!""'A~ZA«,,""""O"")'~OI;O" (,)"S~A""'l~'b~ E".'~"m<""W "CI DWG HARCREsnSTAGE 0413228 0401 14/1112013PS01F ORIGINAL SHEET SIZE A3
SIgnedby Brent Kevin O'Grady (TGMGroup Pty Ltd- Hawthorn) Surveyor's PlanVersion(10) SPEARRef S025582E 15/1112013
Delivered by LANDATA®. Land Victoria timestamp 13/05/2014 11:29 Page 2 of 8
Signed by Council Knox City Council. Council Ref CrU2012/8133 PI2011/6972 Onglnal cerunceucn 19/1212013.SOC 26102/2014
~~~3:--"'---10'06;:VI~~ 89040'40"~ .A~'--------
~=ARMIN STREET-o (88"55- 129·24) rnO
o ,,;J1 ,,-n ~~" ~{3 "r~ E-\ 00 56°06'~ niS! E- (28'06lm E-2 m 56·60_ 20
" 188·551 16) 'i' ~>~ :::>q>_j:::> ~q>_l ~58"55'
~ 23'19-- ~~~ ';3 1';3 ....: 1 ..1'!'~ ~.-.,y~I~~J~ ~ v:! 3 v:! ~~~-.1"";;1":;)":;1.-., 88°55' 86"06'- .;-~ "':! 2 "':!/ <>-: \ <>-:
PLAN OF SUBDIVISIONSTAGE No.
~
ENLARGEMENT(NOT TO SCALE)
3,50-88°53'10"
en-ICo
SEE SHEETS3T05
SEEENLARGEMENT
129·24 I 28·06
ENLARGEMENT(NOTTO SCALE)
7616-50 88"55'88"55'
88"55' I 88"55'20
86°06'
289-78269"52'40" 269"28'40"
TGM Group Melbourne165 Glenferne Road (PO Bo~2304)Hawthorn V,c3122T 0368629333F 0398194909fI!lN1112556846'"'ww 19"'9tl)upco,n
~TGM
ORIGINAL
DWG HARCRESTISTAGE 04\3226 0402 1411112013PS 04V
(16,50)88"55'
88"55,/,30·77
,85"26' B5 ENLARGEMENT
(NOTTOSCALE)
SCALE LICENSEDSURVEYOR(PRINT)SCALE SHEET
SIZE SIGNATURE
R -33 VERSION 1014000 A3
40 40o 80 120 160 200
Signed by Brent KeVinO'Grady (TGM Group Ply Lid. Hawthorn) Surveyor's Plan Version (10) SPEAR Ref S025582E 1511112013
LENGTHS Af{E IN METf{ES
35·11ha
304·77
PLAN NUMBER
PS 648225 L
B5
ENLARGEMENT(NOTTO SCALE)
SHEET 2
DATE
IL DELEGATESIGNATURE
Delivered by LANDATA®. Land verona timestamp 13/05/20141129 Page 3 of 8
Signed by couocn Knox City Council, Council Ref CrU201218133,P12011/6972. Onqmal ceruncaucn 19/12/2013,50 C 26102/2014
STAGE No.
~
PLAN NUMBER
PS 648225 LPLAN OF SUBDIVISION
ARTESIAN:2wz8 187
579m2 16,50
'"RESERVE ~No.134m2
32
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I GM Group Melbourne765 cenreue Road (PO Box 2304)Hilw\homV,c31nT 0388629333F 0398194909A3t>.11125563461,WoWIg"'9lOulI cOIn
SEE SHEET 2
SHEET 3ORIGINALSCALE SHEET
SIZE
SCALE
5 5 25o 10 15 20DATE
C ILDELEGATESIGNATURER VERSION 101.500 A3LENGTHS ARE IN METRESDwe HARCRESnSTAGE 041322S-040J 14/1112013 PS·04V
Signed by Brent KeVinO'Grady (TGM Group Ply lid - Hawthorn) Surveyor's Plan Version (10) SPEAR Ref S025582E 1Sfl1!2013
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~PLAN OF SUBDIVISION
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SEE SHEET2
TGM Group Melbourne165 Glenrerne Road (PO Sox 2304)Hawlll0rn V'C 3122T OJ8862 9333F 0398194909IIBN 11 125568461'''''w 19mqroJp com
~
SHEET 4ORIGINALSCALE LICENSED SURVEYOR (PRINT)
SCALE I SHEET I SIGNATURESIZE5 0 5 10 15 20 25
LENGTHS ARE IN METRESREE VERSION 10
(._.~ '1 e,. 1:1.". 1 500 A3DWG HARCREST1STAGE 0413228 0404 1411112013 ?S 03HJASA"ZA«uJ..,d a ... htyIS09001· O~~~A5NZ~~501 ""'"~",,,"""~014001
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SEE SHEET 2 1 3I
TGM Group Melbourne765 Glenleme Road (PO Box 2304)Hawthorn Vic 3122T 0388629333F 039819 49C9ABNlt125568~61.,...,,,,19m9rouPcom
14111/J013 PS·03H
M;;S~~~i(l:;;.COCO
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SHEET 5
~
ORIGINALSCALE LICENSEDSURVEYOR (PRINT)SCALE I SHEET
SIZE DATE
VERSION 105 0 5 10 15 20 25
LENGTHS ARE IN METRESDATE
C~LEGATE SIGNATURERE
G-~c,,'8,' • 6" , 1500 I A3DWG HARCREsnSTAGE 0413228.0405JASA'<ZA=cJ .. J 0uJ''Y1500001 O~&SASNZS<601 E,,,,",,, 0<.,,150"001
Deliveredby LANDATA® LandVictona timestamp 13/05/201411:29 Page 6 of 8
Signed by Council Knox City ccuoca Council Ref CrU201218133,P/2011/6972, Onqmal ceruncanoe 1911212013SOC 26/0212014
STAGE No. LRS USE ONLY PLAN NUMBER
PLAN OF SUBDIVISION~
PS 648225 L
CREATION OF RESTRICTIONThe Harcrest Development Restrictive Covenants
RESTRICTION A
The following restriction IS to be created upon registration of the plan of subdtvrstcn (Plan of SubdivIsion)by way of a resmcnve covenant and as a restriction as defined In the Suborvrsron Act 1988.
TABLE OF BURDENEDAND BENEFITEDLAND
BURDENED BENEFITING BURDENED BENEFITINGLOTIS) LOTIS) LOTIS) LOTIS)
178 179, 180& 182 195 194 & 196179 178& 180 196 195 & 197180 178,179, & 181 197 196 & 198181 180 & 182 198 197 & 199182 178,181& 183 199 198&200
183 182&184 200 199&201184 183&185 201 200 & 202185 184&186 202 201 & 203186 185 & 187 203 202 & 204187 186 204 203 & 205188 189 205 204 & 206189 188&190 206 205 & 207190 189 & 191 207 206 & 208191 190 & 192 208 207192 191193 194194 193 & 195
Except With the written consent of MIIVac or Its norrunee the registered proprietor or proprietors for the time being of anyburdened lot must not and must not permit any other person under Its control or direction to-l Develop a burdened lot other than m accordance wnh the provrsrons contained In the Memorandum of Common Provisions
retained by the Registrar of Titles In number M2314 which are Incorporated Into ttus Plan of Subdrvrsron ("ProvIsions")
Covenants contained in Restriction A will expire on the 1st of January 2025.RESTRICTION B
The follOWing restriction IS to be created upon registration of the plan of subdrvrsrcn (Plan of Subdrvrsron)by way of a restrictive covenant and as a restncuon as defmed In the suoowrsron Acl 1988.
Land to benefit: Lots 178 to 208 (both mclusrve}
Land to burden: Lots 178 10 208 (both mclusrve)
EXcept With the wntlen consent of Mlrvac or ItS nominee the registered propnetor or proprietors for the lime bemq of anyburdened lot must not and must not permit any other person under ItS control or duuctrcn to
1. Mako or support an application to amend the Provrsrons which are incorporated Into nus Plan of Subowrsron.
2. Construct or perrmt tc be constructed any bUildings or works on a burdened lot unless the plansfor such btnldmqs or works are endorsed by the MIIVac Destqn Committee as being consistent With theHarcrest Destqn GUidelines prior to the Issue of a butldmg permit
3. Demolish or remove any bUilding, fence or structure on Ihe burdened lot Without obtaining the prior written approval
for such demolition or removal and for the replacement buildmq. fence or structure from the MIIVac Desrqn Committee
and the Responsrbte Authcnly and only If the bUlldmg, fence or structure IS replaced With a bUilding, fence or structure
which complies With the requirements of MIIVac or lis nominees
4. Alter the appearance of the dwelling on the burdened 101 m any way, including but not limited toa Changmg any matenats or colours, except any maintenance that shall match the exrstmq matenals
and colours;b Erect or affix any external shutters or Window awnmgs, except where any such external awmnqs or shutters
are not VISible from public areas,
c Erect or affix any antenna, satellite dish, radro mast. asr-condmonmq,heating plant, solar panel orexternal mounted conduns on any pari of a burdened lot. nor permit others 10do so. except where any suchItem IS not VISible from public areas,
d. Inslall any wmdow film to a wmdow of a burdened lot VISible from public areas;
e. Erect or affix any sign or notice on the burdened lot except In accordance With the follOWing specrnceuonor as required by law,
Signage apecmcanonsr. Any real estate sign or nonce must not exceed 700mm In Width and 1000mm In height and
to the top of any sign or notice must not be more than 2000mm above the ground
" Not more than one sign can be erectedContinuedSheet 7
SHEET 6TGM Group Melbourne
~
LICENSED SURVEYOR (PRINT)
~
765GlenferneRoad(PO80~2304)HawthornVIC 3122T 0388629333 SIGNATURE DATE I IF 039819~909ABNll12556B461 REO ·33 VERSION 10 EW'NWlq'~9"'UP com G"k "6"','6 '" ,JAS~"ZA{«"~'c'<lQ,J,')'S09:~ O,,~SASNOCS:6~' En" c,n"co, 'SO ,4:0, OWG HARCRESTISTAGE 04\3228-0406 14/1112013 P$-C6 ORIGINAL SHEET SIZE A3
Signed by Brent KeVinO'Grady (TGM Group Ply Ltd. Hawthorn) Surveyor's Plan version (10) SPEAR Ref S025582E 15/11/2013
)ellvered by LANDATA® Land Victoria timestamp 13/05/201411:29 Page 7 of 8
Signed by Council Knox City Council, Council Ref CrU2012J8133,Pl201116972,Onqmat ceruncanon 19/1212013 SOC 26/0212014
LRS USE ONLYSTAGE No. PLAN NUMBER
PS 648225 L
ORIGINAL SHEET SIZE A3
PLAN OF SUBDIVISIONContinued from Sheet 6
5. Install any window furnishings to any window of a burdened 101except In accordance with the following specification
Window Furnishing Specificationa Type
,"
111.
'Y
Y.
Y'.
Y"
b Colour
,
Roller Blind
veneuan Bhnd
Roman Bhnd
Curtains
Hanging Bhnd
Vertical Bhnd
Timber Venetian
External face of aUwindow turnrshmqs shall be black, charcoal or white except for the timber blmd
which shan be clear fimshed cedar, black, charcoal or white
6. Use a garage wrttun a burdened lot as a habitable room
7. Place or erect any clothes drying or amng facIlity on the burdened lot except where any such ItemISnot vrsrble from pubhc areas
8. Erect a shed. pergola or water tank Within a burdened lot that ISvIsible from public areas
9. Keep a caravan, trailer, boat. plant machinery or a truck on a burdened lot except where any such Item ISnot vtsrble from public areas
10. Remove any treated Window In a btnldmqon a burdened lot
11. Allow the state of repair of any landscaped area of a burdened lot vrsrbre from a public space to fall belowthe standard as at the date of ccmprenon
12, Consolidate or seek to consolidate any burdened lot With another lot or part of a lot
13. Sub-divide or seek to sub-divide any burdened lot
14. Use any dwelhng constructed on any burdened lot for Ihe purpose of a display. show or exhibition home
15. Excavate the whole or any part of the burdened lot mcludmq. dniling bores, water wells and other digging,onnmq, bonng or excavations other than as required for,
a Footings and foundations for the purposes of constructing approved dwellings,
b. Construction of a swrmmmq pool of up to 1,70metres below natural surface levels
Covenants contained in clauses 1,and 3 to 15 (both inclusive) of Restriction B will expire on the 1st of January 2018.
Covenants contained in clause 2 of Restriction B will expire in relation to a burdened lot on the earlier of 2 years afterthe occupancy permit is issued for that burdened lot and the 1st of January 2020.
Nothing In ttus Restnchon applies to MINac or The Trust Company
For the purposes of ttus restncnon
Mirvacmeans MINac Victoria Ply Ltd ABN 42 006 708 363or any of ItS related bodies corporate Within the meaningof the Corporations Act
The Trust Company means The Trust Company Limited ABN 59004027749 as custodian and agent for the
MIN8C Wholesale Residential Development Partnership Trust or any of ItS related bodies corporate Within the meaning
of the Corporations Act
Mirvac DeSign Committee means the Mlrvac DesrqnCommittee referred to In the Hare-estDestqnGUidelines
Harcrest Design Guidelines means the DesiqnGUidelines specified by the MINac DesrqnCommittee from time to timeas being applicable to the lots Included In the Plan of Subdivrston
SHEET 7TGM Group Melbourne765 Glenfeme Road (PO Box 2304)Hawtll0rn vc 3122T 0388629333F 0398194909ASf-111255684GlwwwlgmgroJPcoon
DATE I
VERSION 10
LICENSED SURVEYOR (PRINT)
SIGNATURE
R-- -33
DWG HARCREsnSTAGE 04\3226-0407 1411112013 PS-06
Signed by Brent KevmO'Grady (TGM Group Ply Ltd -Ilawthorn) Surveyor's Plan version (10) SPEAR Rei S025582E 15/11/2013
oenveredby LANDATA®_ LandVictoria timestamp 13/05/2014 11-29 Page8 of 8
Plan of Subdivision PS648225LCertification of plan by Council (Form 2)
SUBDIVISION (PROCEDURES) REGULATIONS 2011
SPEAR Reference Number: S025582EPlan Number: PS648225LResponsible Authority Name: Knox City CouncilResponsible Authority Reference Number 1: Crtl20121B133Responsible Authority Reference Number 2: P/2011/6972Surveyor's Plan Version: 10
Certification
This plan is certified under section 6 of the Subdivision Act 1988
Public Open Space
A requirement for public open space under section 18 of the Subdivision Act 1988
Has not been made at Certification
Digitally signed by Council Delegate: Roxanne De Cata
Organisation:
Date:
Knox City Council
19/12/2013
Signed by: Roxanne De Cata (Knox City Council) 19/12/2013
Delivered by LANDATA® Land Victoria timestamp 19/05120141606 Page 1 of 14© state of Victona. This publication is copyright. No part may be reproduced by any process except In accordance with the provisrons of the Copynght Act and for thepurposes of Section 32 of the Sale of Land Act 1962 or pursuant to a wntten agreement. The Information ISonly valid at the time and in the form obtained from theLANDATA® System. The state of Victoria accepts no responsibility for any subsequent release, publrcauon or reproduclion of the information
Form 18
AF636445X0810212008 $97 173
~_I~I~~~~~I~I~ISection 181
APPLICATION BYA RESPONSmLE AUTHORITY FOR THE MAKING OF ARECORDiNG OF ANAGREEMENT
Planning and Environment Act 1987
Lodged at the Land Titles Office by:Name; MaddocksPhone: 9288 0555Address: 140William Street,Melbourne 3000 or DX 259 MelbourneRef: TGM:5363372 Customer Code: 1I67E
The Authority having made an agreement referred to in section 181(1) of the Planning andEnvironment -'let 1987requires a recording to be made in the Register for the land.
, I /Land: Volume 11023 Folios 793, 92S and 926
Authority: Knox City Council of 511 Burwood Highway, Wantima South, Victoria 3152
Section and Act under which agreement made: Section 173 of the Planning and Environment Act1987.
A copy of the agreement is attached to this application
Signature for the Authority: ......~6.fk. .
Office held:
to t»ci:....~X~.~ .
....SvJqJ.(I(.(~~ 7?/~7 KhYi 2t'3!9................. ~ ~ .
Name of officer:
Date:
[5363372: 5372589v11
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Date " / 1 , 12008AF636445X08/0212008 $97 173
11"1111~1"1111111"1~lllllilllllllllllllllllllllll
Agreement under Section 173of the Planning and Environment Act 1987Subject Land:Purpose:
Fonner Austral Bricks SiteSocial Housing Provision
Knox City Council
and
Nubrik Pty Ltd ACN 004 028 559
and
Evans Brothers Proprietary Limited ACN 004 096 137
465032112(5363372: 5v1 HK changes 14 Nov]
1111~lIllllnlllllll!lI~m~lllllIIlllllllllIllIlllllMaddocksl.awye<s140 William StreetMelbourne Victoria 3000 AustraliaTelephone81 392880555Facsimile 61 392890868Emal1 [email protected] 259 MeIbot.me
-"'~S"".,Affi;atod offiC(l'Adelaidl'. Bo;Ji'!g. BIISbernI, COIorrtlo,Dtfu, Hong Kong, J~ Kl,J1IiI l.u'r!p\l'.M&oltla, Mumbai, N_Oolhi. Perth,Singapom. nanJin
Delivered by LANDATA<!!>.Land Victoria timestamp 19/0512014 16:06 Page 3 of 14
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• - - ¥ ~
,
AF636445X0810212008 m 173
III~~IIIIIIIIIII~II~~ 1111111111111111111111111111
Table of Contents
-.
1. DEFINITIONS 1
2. INTERPRETATION 3
3. SPECIFIC OBLIGATIONS OF THE PARTIES 33.1 Offered Parts 33.2 Choice of Offered Parts 43.3 AppOintmentof Valuer General 43.4 Followingdetermination of Valuer General MarketValue 43.5 OptionA. 53.6 Option B 6·3.7 Option C 63.8 Payment of Compensation-in-Lieu 73.9 Non participation by the Director of Housing 7
4. FURTHER OBLIGATIONS OF THE OWNER 74.1 Notice'and Registration : 74.2 . Further actions 74.3 . Council's Costs to be paid 7
5. AGREEMENT UNDER SECTION 173 OF THE ACT 8
6. OWNER'S WARRANTIES ..~ 8
7. SUCCESSORS IN TITLE 8
8. GENERAL MATTERS 88.1 . Notices 88.2 Service of Notice 88.3 No Waiver 98.4 Severability 98.5 No Fettering of Council's Powers 9
9. GST 9
10. COMMENCEMENT OF AGREEMENT 9
11. ENDING OF AGREEMENT 9
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-o...T--
AF636445X08102/2008 $97 173
IIIIII~II~I~IIII~IIIIIIII~IIIIIIIIII~I~IIIIIII
Agreement under Section 173 of the Planning andEnvironment Act 1987DATE ;11 / 12008
BETWEEN
KNOX CITY COUNCILof MunicipalOffices,511BurwoodHighway,WantirnaSouth3152
(Council)
AND
NUBRIK PTY LTD ACN 004 028 559and EVANS BROTHERS PROPRIETARY LIMITED ACN 004096137 both of 738-780WallgroveRoad,HorsleyParkNSW 2175 (Owner)
RECITALS
A. Council is the PlanningAuthority for Amendment C5S.
B. The Owner is or is entitled to be the registered proprietor of the Subject Land.
C. The Subject Land is proposed to be redeveloped for residential purposes (proposedRedevelopinent). Amendment C55 proposes to rezone the Subject Land to a Residential IZone, with part of the Subject Land being rezoned Mixed Use Zone and subject to aDevelopment Plan Overlay (Schedule 8) and an Environmental Audit Overlay to ensure thatthe Subject Land is developed in an orderly manner.
D. The Owner intends transferring the Subject Land to a developer who will carry out theProposedRedevelopment.
E. The Owner has agreed to make a proportion of the Subject Land available for the provisionofSocial Housing and to that end Council and the Owner wish to set out their agreement inwriting.
F. The parties enter into this Agreement to achieve and advance the objectives of planning inVictoria and the objectives of the Planning Scheme in respect of the Subject Land.
THEPARTIESAGREE
1. DEFINITIONS
In this Agreement the words and expressions set out in this clause have the followingmeanings unless the context admits otherwise:
Act means the Planning and EnvironmentAct 1987.
Agreement means this agreement and any agreement executed by the parties expressed to besupplementalto this agreementmadepursuantto section 173of the Act.
Amendment C55 means amendment C55 to the Planning Scheme prepared by Council in itscapacityas a PlanningAuthority. '
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Approval Date means the date on which Amendment C55 comes into operation under section37 of the Act.
Compensation-in-Lieu means payment to Council of the amount equal to 30%,ofthe ValuerGeneral Market Value.
Developable Land means that part of the Subject Land which is available for the developmentof dwellings and their surrounds and for the avoidance of doubt and without limitation,excluding all those parts of the Subject Land reserved for public open space, drainage purposesand easements, roads and road reserves (including vehicular roads, footpaths, service corridors,bike paths and car parking areas) or zoned as Mixed Use Zone and used for non-residentialpurposes.
Director of Housing means the Director of Housing being a body corporate pursuant to section9 of the Housing Act 1983 or its nominee ..
Mortgagee means the person or persons registered or entitled from time to time to beregistered by the Registrar of Titles as Mortgagee of the Subject Land or any part of it.
Offered Parts has the meaning given in clause 3.1.
Option A has the meaning given in clause 3.4.
Owner means the person or persons registered or entitled from time to time to be registeredby the Registrar of Titles as proprietor or proprietors of an estate in fee simple of the SubjectLand or any part of it and includes a Mortgagee-in-possession.
party or parties means the Owner and Council under this Agreement as appropriate,
Planning Scheme means the Knox Planning Scheme and any other planning scheme thatapplies to the Subject Land,
Proposed Redevelopment has the meaning given in recital C.
Selected Area has the meaning given in clause 3.2,
Social Housing means housing provided on a rent reduced or a rent subsidized basis orhousing which is allocated wider a program administered by the Director of Housing; .
Social Housing Contribution means an amount equal to 30% of the Valuer General MarketValue;
Subject Land means the land at 525 Stud Road Scoresby being lot I in PS608189N, Lot 2in PS608190E and Lot 3 in PS608190E and more particularly being the land comprised inCertificates of Title Volume 11023 Folios 793, 925 and 926 respectively and any referenceto the Subject Land in this Agreement includes any lot created by the subdivision of theSubject Land or any part of it. '
Valuer General means the Valuer General of the State of Victoria.
Valuer General Market Value means the market value of the Selected Area determined bythe Valuer General having regard to the potential lot yield of the Selected Offered Part and ,taking into account recent sales of comparable properties (made on the open market on an atarm's length basis) including those of lots forming part of the Subject Land.
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2. INTERPRETATION
In this Agreement unless the context admits otherwise:
2.1 The singular includes the plural and vice versa
2.2 A reference to a gender includes a reference to each other gender.
2.3 A reference to a person includes a reference to a firm, corporation or othercorporate body and that person's successors in law.
2.4 If a party consists of more than one person this Agreement binds them jointly andeach of them severally.
2.5 A term used in this Agreement has its ordinary meaning unless that term is definedin this Agreement. If a term is not defined in this Agreement and it is defined inthe Act it has the meaning as defined in the Act.
2.6 A reference to an Act, Regulation or the Planning Scheme includes any Acts,Regulations or amendments amending, consolidating or replacing the Act,Regulation or Planning Scheme.
2.7 The introductory clauses to this Agreement are and will be deemed to form part ofthis Agreement.
2.8 The obligations of the Owner under this Agreement, will take effect as separate andseveral covenants which are annexed to and run at law and equity with the SubjectLand provided that if the Subject Land is subdivided, this Agreement must be readand applied so that each subsequent owner of a lot is only responsible for thosecovenants and obligations which relate to that owner's lot.
3. SPECIFIC OBLIGATIONS OF THE PARTIES
3.1 Offered Parts
The Owner covenants and agrees that:
3.1.1 subject to the Owner securing all necessary approvals for the ProposedRedevelopment and prior to the settlement of any contracts for the sale ofany part of the Developable Land to the public or any other person (otherthan a contract for substantially the whole of the Developable Land), itwill provide to Council and the Director of Housing a plan identifying theDevelopable Land and showing:
3.1.1.1 no less than three options for areas to be valued underclause 3.3 (Offered Parts); and
3.1.1.2 the proposed configuration of the lots in each ofthe OfferedParts which must contain a range of lots to accommodatedifferent dwelling sizes;
3.1.2 each of the Offered Parts must comprise a total area equivalent to at least3% of the Developable Land.
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3.2 Choice of Offered Parts
Within 60 days of receiving the plan under clause 3.1 the Director of Housingmustnotify the Owner and Council which Offered Part or selection of lots within theOffered Parts it nominates as the Selected Area. If the Director of Housing orpursuant to its rights under this Agreement, Council fails to comply with the noticeperiod provided under this clause 3.2, the Selected Area will be the area chosen bythe Owner in its discretion, provided that the area of the Selected Area equates to3% of the Developable Land.
3.3 Appointment of Valuer General
3.3.1 The Director of Housing and the Owner agree that immediately followingthe earlier of the receipt of a notice under clause 3.2 and the expiry of thenotice period provided under clause 3.2 the Owner and the Director of'Housing must jointly appoint the Valuer General to determine the ValuerGeneral Market Value of the SelectedArea.
3.3.2 The Director of Housing and the Owner agree that the terms of theappointment must;
3.3.2.1 include any briefing which the Owner and the Director ofHousingwish to give to the Valuer General; and
3.3.2.2 require the Valuer General to;
(A) return its determination within 30 days of theappointment or as soon as practicable after 30days; and
(8) include in its determination a report showing allinformation used to arrive at the Valuer GeneralMarket Value (including details of all comparableproperties assessed by the Valuer General inarriving at the Valuer General Market Value).
3.4 Following determination of Valuer General Market Value
3.4.1 Within 60 days of being notified of the determination of the ValuerGeneral Market Value under clause 3.2, the Director of Housing mustadvise the Owner and Council of its preference to either;
3.4.1.1 Purchase the Selected Area at a price being a 30% discountto the Valuer General-Market Value; (Option A)
3.4.1.2 Have transferred to the Director of Housing land fromwithin the Selected Area (Selected Lots) chosen by theDirector of Housing, equivalent in value to 3% of the totalDevelopable Land at a discounted rate being a 30%discount to the Valuer General Market Value (that is, landto a value of the Compensation-in-Lieu); (Option B),
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3.4.1.3
3.4.1.4
5
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Have transferred to the Director of Housing land anddwellings from within the Selected Area '(Housing Lots)equivalent to the value of 3% of the Developable Land at adiscounted rate being a 30% discount to the Valuer GeneralMarket Value (that is, land and dwellings to a value of theCompensation-in-Lieu); (Option C); or
Receive Compensation-in-Lieu; (Option D).
3.4.2 The parties acknowledge and agree that, if the Director of Housingresolves to take Option A or B:
3.4.2.1
3.4.2.2
The Owner is to identify any proposed covenants, designguidelines and a preferred schedule of materials to be usedin the subsequent construction of a dwelling on land withinthe Selected Area or on the Selected Lots as the case maybe; and .
the design of any building must integrate with the externalappearance of other buildings to be constructed in thevicinity of the Selected Area or the Selected Lots so as tominimise any differentiation of its produce from the othersto the satisfaction of Council in consultation with theOwner;'
3.4.3 If the Director of Housing gives the Owner written notice that it does notwish to exercise either of Options A, B or C or the Director of Housingfails to exercise any option within the period referred to in clause 3.4.1,the Owner must pay Compensation in Lieu to the Director of Housing inaccordance with this Agreement (that is, undertake Option D).
3.5 Option.A
If the Director of Housing exercises Option A, then:
3.5. I the Director of Housing must enter into a contract or contracts (at theoption of the Owner with the Owner or one or more related corporationsof the Owner) relating to the land;
3.5.2 the contract(s) relating to the Selected Area shall be conditional on thesubdivision of the Selected Area from the adjoining land and the SelectedArea being otherwise (in the Owner's sole discretion) ready to be sold;
3.5.3 the Director of Housing must pay a deposit of 10% of the purchase price;
3.5.4 any contract must contain a covenant requiring that a restrictive covenantbe entered on the title to the Selected Area preventing its use other thanfor Social Housing;
3.5.5 any contract must contain any other provisions contained in the Owner's~~=~~~eb~~~~~~~~~including any covenants and design guidelines; and
3'.5.6 any contract must contain any other provisions required by the Owner(acting reasonably) to make the contract of sale appropriate for the sale ofthe Selected Area.
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AF636445X0810212008 197 173
I ~IIIIIIIIIIIIIIIII" 111111111111111111111111111111"13.6 Option 8
If the Director of Housing exercises Option B, then:
3.6.1 the Director of Housingmust enter into a contract relating to the SelectedLots conditional on and subject to the Selected Lots having servicesbrought to the boundary equivalent to those services to be provided bythe Owner for the rest of the Subject Land, forming one or more lots on aregistered plan of subdivision and being otherwise (in the Owner's solediscretion) ready to be sold;
3.6.2 the Director of Housingmust pay a deposit of )0% of the purchase price;
3.6.3 any contract must contain a covenant requiring that a restrictive covenantbe entered on the title to the Selected Lots preventing its use other thanfor Social Housing;
3.6.4 any contract must contain any other provisions contained in the Owner'sstandard contract of sale for lots forming part of the Subject Land,including any covenants and design guidelines;
3.6.5 any contract must contain any other provisions required by the Owner(acting reasonably) to make the contract of sale appropriate for the sale ofthe Selected Lots.
\ 3.7 Option C
If the Director of Housing exercises Option C, then:
3.7.1 the Director of Housing must enter into a contract or contracts (at theoption of the Owner with the Owner or one or more related corporationsof the Owner) relating to the Housing Lots and the construction of ahouse on each of the Housing Lots conditional on and subject to theHousing Lots being one or more lots Ona registered plan of subdivisionand being otherwise serviced and (in the Owner's sole discretion) readyto be sold;
3.7.2 the Director of Housing must pay a deposit of 10% for the purchaseprice;
3.7.3 any contract must contain a covenant requiring that a restrictive covenantbe entered on the title to the Selected Lots preventing its use other thanfor Social Housing;
3.7.4 any contract must contain any other provisions contained in the Owner'sstandard contract of sale for lots forming part of the Subject Land,including any covenants and design guidelines;
3.7.5 any contract must contain any other provisions required by the Owner(acting reasonably) to make the contract of sale appropriate for the sale ofthe Selected Lots; and .
3.7.6 any contract must in all other respects have conditions similar toconditions normally applied to the purchase of a house and land package:
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3.8 Paymentof Compensation-in-Lieu
3.8.1 If the Director of Housing notifies the Owner and Council under clause3.4 of its the preference for Compensation in Lieu, or fails to exerciseOption A, B or C then 60 days after the settlement of the Owner's sale ofpart or parts of the Developable Land that in aggregate represent greaterthan 50% of the Developable Land, the Owner must pay to Council theCompensation in Lieu.
3.8.2 The parties agree that:
(a) settlement under a contract or contracts 'entered into followingexercise of Option A, B or C or
(b) payment by the Owner of the Compensation in Lieu
. will bring this Agreement to an end.
3.9 Nonparticipationby theDirectorof Housing
Where this Agreement allows or provides for the Director of Housing to take anyaction or make any decision and the Director of Housing determines not toparticipate, Council may if it elects to do so, step into the shoes of the Director ofHousing for the purposes of this Agreement and any reference to the Director forHousing shall be read with any necessary adjustrnents to be a reference to Council.
4. FURTHEROBLIGATIONSOFTHEOWNER
4.1 NoticeandRegistration
The Owner further covenants and agrees that the Owner will bring this Agreementto the attention of all prospective purchasers, lessees, mortgagees, chargees,transferees and assigns.
4.2 Furtheractions
The Owner further covenants and agrees that:
4.2.1 the Owner will do all things necessary to give effect to this Agreement;. and
4.2.2 the Owner will consent to Council making application to the Registrar ofTitles to make a recording of this Agreement in the Register on theCertificate of Title of the Subject Land in accordance with Section 181ofthe Act and do all things necessary to enable Council to do so includingsigning any further agreement, acknowledgment or document orprocuring the consent to this Agreement of any mortgagee or caveator toenable the recording to be made in the Register under that section.
4.3 Council'sCoststo bepaid
The Owner further covenants and agrees that the Owner will immediately pay toCouncil, Council's reasonable costs and expenses (including legal expenses) of and .incidental to the preparation, drafting, finalisation, engrossment, execution, and
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registration of this Agreement which are and until paid will remain a debt of theOwner to Council .
5. AGREEMENTUNDERSECTION173OFTHEACT
Council and the Owner agree that without limiting or restricting the respective powers toenter into this Agreement and, insofar as it can be so treated, this Agreement is made as aDeed pursuant to Section 173 of the Act, and the obligations of the Owner under thisAgreement are obligations to be performed by the Owner as conditions subject to which theSubject Land may be used and developed for specified purpcses.
6.' OWNER'SWARRANTIES
Without limiting the operation or effect which this Agreement has, the Owner warrants thatapart from the Owner and any other person who has consented in writing to this Agreement,no other person has any interest, either legal or equitable, in the Subject Land which may beaffected by this Agreement.
7. SUCCESSORSINTITLE
Without limiting the operation or effect that this Agreement has, the Owner must ensure that,until such time as a memorandum of this Agreement is registered on the title to the SubjectLand, successors in title shall be required to:
7.1 give effect to and do all acts and sign all documents which will require thosesuccessors to give effect to this Agreement; and
7.2 execute a deed agreeing to be bound by the terms of this Agreement.
8. GENERALMATTERS
8.1 Notices
A notice or other communication required or permitted to be served by a party onanother party must be in writing and may be served:
8.1.1 by delivering it personally to that party;
8.1.2 by sending it by prepaid post addressed to that party at the address set outin this Agreement or subsequently notified to each party from time totime; or .
8.1.3 by sending it by facsimile provided that a communication sent byfacsimile shall be confirmed immediately in writing by the sending partyby hand delivery or prepaid post.
8.2 Serviceof Notice
A notice or other communication is deemed served:
8.2.1 if delivered, on the next following business day;
8.2.2 if posted, on the expiration of two business days after the date of posting;or
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8.2.3 if sent by facsimile, on the next following business day unless thereceiving party has requested retransmission before the end of thatbusiness day.
8.3 NoWaiver
Any time or other indulgence granted by Council to the Owner or any variation ofthe terms and conditions of this Agreement or any judgment or order obtained byCouncil against the Owner will not in any way amount to a waiver of any of therights or remedies of Council in relation to the terms of this Agreement.
8.4 Severability
If a court-arbitrator, tribunal or other competent authority determines that a word,phrase, sentence, paragraph or clause of this Agreement is unenforceable, illegal or .void then it must be severed and the other provisions of this Agreement will remainoperative.
8.5 No Fetteringof Council'sPowers
It is acknowledged and agreed that this Agreement does not fetter or restrict the poweror discretion of Council to make any decision or impose any requirements orconditions in connection with the granting of any planning approval or certification ofany plans of subdivision applicable to the Subject Land or relating to any use ordevelopment of the Subject Land
9. GST
9.1 In this clause words that are defined in A New Tax System (Goods wid ServicesTax)Act 1999 have the same meaning as their definition in that Act.
9.2 Except as otherwise provided by this clause, all consideration payable under thisAgreement in relation to any supply is exclusive of GST.
9.3 If GST is payable in respect of any supply made by a supplier under thisAgreement, subject to clause 9.4 the recipient will pay to the supplier an amountequal to the GST payable on the supply at the same time and in the same manner asthe consideration for the supply is to be provided under this Agreement.
9.4 The supplier must provide a tax invoice to the recipient before the supplier will beentitled to payment of the GST payable under clause 9.3.
10. COMMENCEMENTOFAGREEMENT
This Agreement commences on the Approval Date.
11. ENDINGOFAGREEMENT
11.1 This Agreement ends in accordance with clause 3.8.2 or otherwise when the Ownerhas complied with all of the obligations imposed on the Owner under thisAgreement.
11.2 As soon as reasonably practicable after the Agreement has ended, Council will .. atthe request and at the reasonable cost of the Owner make application to the
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10 : 1111111111111111111111111111111111111111111111111111111. -. - -. -.
Registrar of Titles under Section 183(2) of the Act to cancel the recording of thisAgreement on the register.
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SIGNED, SEALED AND DELIVERED as a Deed by the parties on the date set out at thecommencementof this Agreement.
))
rml :>~._THE COMMON ~OF ~RJK PTYLTD ACN 004028559 was affixed in thepresence of authorised persons:
'~~""""AIexandeI'''''Payne''''''''''CFO/DIleCIor
...............................................................................~Ull name COMMON SEAL
(.J?..~~.!t .....~ ...~..... Usual address
.....~~ii.ii:'fiiijji,.jiSOii.................. Director (or Company Secretary)
..............................~~~p..~!'!!~¥.~~............ Full name
~~ ~ ..Alexander J. Payne
.................................................SFei6Iractvr........... Full name
(~3......!..~(~.p.~..~~~ ~~ address
..........::t.f!.I, =.................................... Director (or CompanySecretary)lain H. Thompson
.............................Gt9.\!p..~~.l'."!'y..~.~':'~~............ Full name
))))
Director
Usual address
THE COMMON SEAL OF EVAj'ISBROTHERS PROPRIETARY LIMITEDACN 004 096·137was affixed in the presence of authorisedpe
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Director
Usual address
J4650321/2 [5363372: 5vl1
COMMON
SEAL
NUBRll(yrYL'TD
A.c.N. 004 028 559
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Delivered by LANDATA®. Land Victoria timestamp 191051201416:06 Page 1 of 14© State of Victoria. This publication IS copynght No part may be reproduced by any process except in accordance WIth the provisions of the Copynght Act and for thepurposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement The information is only valid at the time and in the form obtained from theLANDATA® System. The state of Victona accepts no responsibility for any subsequent release, publication or reproduction of the information.
AH503122A17109/2010 1105,20 173
IIIIII~IIIIIIIIIIIIIIIIIIII~IIIIII~IIII~IIIIII~IISection 181
Application by a Responsible Authority for the Making of a Recordingof an Agreement
Planning and Environment Act 1987
Lodgedby: L-oIU-s. G.\A""~ W'<.l;.1:(...<I.,z,-r1{
Name: M",~E.u...i:rJ~yPhone: c3>~('=l2-30=Address: boo ],~ ..5ni2.ft.'1 foI1~ 1/,,- ~C>
Ref: r:£/10,0"2.-61... CustomerCode: 6=Ff-K..
The Authority having madean agreementreferredto in section 181(1) of the Planningand Environment Act 1987 requiresa recordingto be made in the Register for theland.
Authority:
Certificates of title volume 11023 folio 793, volume 11023folio 925 and volume 11023folio 926
KNOX CITY COUNCIL of 511 Burwood Highway,WantirnaSouth,Victoria, 3152
Section and Act under Section 173of the Planning and Environment Act 1987
Land:
which agreementmade:
Signaturefor Authority:
Nameof Officer:
Date:
5582944/1
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•II•
Bourke Place600 Bourne Street Metbourne VIC 3000
GPO Box 9925 VIC 3001Tel (03)9672 3000Fax (03) 9672 3010www.corrs.com.au
CORRSCHAMBERSWESTGARTHlawyers
AH503122A17/09/2010 1105.20 173
II""~I~IIIII~~ 1I111111111111111~11I1I1I11I111I
The Trust Company Limited
Knox City Council
Section 173 Agreement
Austral Bricks Site, 525 Stud Road, Scoresby
S3B2108l4Ref:PLC cers Chambers We-slgarth
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III~IIII~ ~11~1!1~11111~~llli~IIIII!11111I1
Contents
1 Interpretation 1
1,1 Definitions 11,2 Construction 3
2 Acknowledgment 4
3 Commencement and end 4
4 Acknowledgments by Owner 4
Development Contributions 4Geotechnical information report 5
, Maintenance of wetlands and stormwater works 5Wetlands Operation Plan' 5Mobile Phone Tower 6Other 6
5 Statutory role of Council 6
6 Registration and other obligations 6
6.1 Regi,stration 66.2 Residential Lots 6
7 Notices 7
8 GST 7
9 Acknowledgement 7
10 Custodian Limitation of Liability 7
11 General 9
11.1 Further steps 911.2 Governing law and jurisdiction 9
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••THISAGREEMENTis madeon ;JIP ~I 2010
BETWEEN KNOXCITYCOUNCILof 511 Burwoo~hWay, WantirnaSouth,Victoria,3152 (Council)
AND THETRUSTCOMPANYLIMITEDABN59 004 027 749 as custodianand agent for the MirvacWholesaleResidentialDevelopmentPartnershipTrust of Level6, 380St Kilda Road,Melbourne,Victoria,3004(Owner)
• Recitals
••••..
A The Owner is the registeredproprietorof the Land.
S The Councilis the responsibleauthorityunder the Act for the administrationand enforcementof the PlanningSchemewhich applies to the Land.
e Section 1.0of Schedule8 to the DevelopmentPlanOverlayof the KnoxPlanningSchemerequiresthe Ownerto enter into an agreementpursuanttosection 173of the Act.
o The partieshaveagreed to enter into this Agreementon the termsandconditionsset out in this Agreementto achieveand advancethe objectivesofplanninginVictoriaand the objectivesof the PlanningSchemein respsctof theLand.
E As at the date of this Agreement,the Land is encumberedby MortgageNo.AG914580J in favour of the Mortgagee. The Mortgageehasconsentedto theOwnerentering into this Agreementwith respectof the Land.
•II........IIII..
It is agreed
1 Interpretation1.1 Definitions
In this Agreement:
Act means the Planning and Environment Act 1987(Vic).
Agreement meansthis documentand the agreementexecutedby the partiesexpressedto be supplementalto this documentand the agreementconstitutedby it.
Approved Buffer meansa bufferon the Landthat has beendefinedby anassessmentundertakenby a suitablyqualifiedperson in accordancewith theTelecommunications Code of Practice 1997or a buffer that is to thesatisfactionof Council.
Business Day meansa dayother thana Saturday,Sundayor bankor publicholiday in Melbourne.
5382108/4
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Council means the Knox City Council and its successors.
Development Plan has the meaning given to it in section 2.0 of Schedule 8 ofthe Development Plan Overlay of the Knox Planning Scheme and endorsedwith the stamp of Council from time to time, a copy which is available forinspection at Council offices during normal business hours upon giving theCouncil reasonable notice.
Environmental Ma'1agement Plan means the plan endorsed with the stampof Council from time to time which addresses the management ofenvironmental issues dUring the proposed construction activities on the land tothe satisfaction of Council (acting reasonably). A copy of the EnvironmentalManagement Plan is available for inspection at Council offices during normalbusiness hours upon giving the Council reasonable notice.
Lane! means the land at 525 Stud Road Scoresby and being lot 1 on plan ofsubdivision PS608189 and lots 2 and 3 on plan of subdivision PS608190 andmore particularly being the land comprised in certificates of title volume 11023folio 793, volume 11023 folio 925 and volume 11023 folio 926 and anyreference to the land in this Agreement includes any lot created by thesubdivision of the land or any part of it.
Mixed Use Zone means that part of the land to be used for a neighbourhoodcentre as required by the Planning Scheme.
Mobile Phone Tower means the mobile phone tower located in the south-westcomer on the Land.
Mortgagee means the person or persons registered or entitled from time totime to be registered by the Registrar of Titles as Mortgagee of the Land or anypart of it.
•OWner means the person or persons registered or entitled from time to time tobe registered by the Registrar of Titles as proprietor or proprietors of an estatein fee simple of the land or any part of it and includes a Mortgagee-inpossession.
party or parties means the Council or the Owner under this Agreement asappropriate.
Planning Scheme means the Knox Planning Scheme and any other planningscheme that applies to the Land.
Statement of Compliance means a statement of Compliance issued pursuantto section 21 of the Subdivision Act 1988.
Residential Lots means individual lots created by the subdivision of the Landor any part of it, which are transferred to another party with the intention thatthat party will not further SUbdivide the lot.
Wetlands Operation Plan means the plan endorsed with the stamp of Councilfrom time to time which addresses the management of the proposed wetlandsand associated stormwater infrastructure on the Land to the satisfaction ofCouncil (acting reasonably). A copy of the Wetlands Operation Plan is
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available for inspection at Council offices during'normal business hours upongiving Ihe Council reasonable notice.
ConstructionUnless expressed to Ihe contrary, in this Agreement:
(a) words in the singul~r include the plural and vice versa;
(b) any gender includes the other genders;
(c) if a word or phrase is defined its other grammatical forms havecorresponding meanings;
(d) "includes" means includes without limitation;
(e) no rule of construction will apply to a clause to·the disadvantage of aparty merely because that party put .forward the clause or wouldotherwise benefit from it;
(I) a reference to:
(i) a person includes a partnership, joint venture, unincorporatedassociation, corporation and a government or statutory body orauthority and that person's successors in law;
(ii) any legislation or subordinate legislation includes anycorresponding later legislation or subordinate legislation;
(iii) an obligation includes a warranty or representation and a referenceto a failure to comply with an obligation includes a breach ofwarranty or representation;
(iv) a right includes a benefit, remedy, discretion and power;
(v) time is local time in Melbourne;
(vi) "$' or "dollars' is a reference to Australian currency;
(vii) this or any other Agreement includes the Agreement as novated,varied or replaced and despite any change in the identity of theparties;
(viii) writing includes any mode of representing or reproducing words intangible and permanently visible form, and includes faxtransmission; and
(ix) this Agreement includes all schedules and annexures to it;
(g) if the date on or by which any act must be done under this Agreement isnot a Business Day, the act must be done on or by the next BusinessDay;
(h) where time is to be calculated by reference to a day or event, that day orthe day of that event is excluded;
(i) if a party consists of more than one person this Agreement binds themjointly and each of them severally;
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0) a term' used in this Agreement has its ordinary meaning unless that termis defined in this Agreement. If a term IS not defined in this Agreementand it is defined in the Act it has the meaning as defined in the Act;
(k) the introductory clauses to this Agreement are and will be deemed toform part of this Agreement; and
(I) the obligations of the Owner under this Agreement, will take effect asseparate and several covenants which are annexed to and run at lawand equity with the Land provided that if the Land is subdivided, thisAgreement must be read and applied so that each subsequenl owner ofa lot is only responsible for those covenants and obligalions which relate.to that owner's lot.
2 AcknowledgmentThe parties acknowledge that this Agreement is made pursuant to seclion 173of the Act,
3 Commencement and end(a) This Agreement ends when the Owner has complied with all of the
obligations imposed on the Owner under this Agreement to thesatisfaction of Council.
(b) If this Agreement relates to more than one lot and the owner of that lothas complied with all of the obligations in relation to that lot, the owner ofthat lot may request Council to end this Agreement in relation to that 101.
(c) As soon as reasonably practicable after the Agreement has ended,Council will, at the request and at the cost of the Owner make applicationto the Registrar of Titles under section 183(1) of the Act to cancel therecording of this Agreement on the register.
4 Acknowledgments by OwnerThe Owner acknowledges and agrees:
Development Contributions(a) . prior to the issue of a Statement of Compliance in relation to the plan of
subdivision for the slage that is directly adjacent to the intersection ofStud Road and Mockridge Street, the Owner must, at the Owner's cost,install traffic signals at the intersection of Stud Road and MockridgeStreet to the satisfaction of both VicRoads and Council;
(b) prior to the issue of a Statement of Compliance for each plan ofsubdivision for each slage which directly abuts Stud Road (CurrentStage), the Owner must, at the Owner's cost, provide a ten metre strip ofland along the frontage of Stud Road and immediately adjacent to theCurrent Stage, as a public open space contribution to the satisfaction of
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Council (Strip). The Strip will be vested in Council as each plan ofsubdivision for each stage is registered;
(c) prior to the commencement of trade from any of the tenancies in theMixed Use Zone, the Owner must, at the Owner's cost, design andconstruct a pedestrian path on the Strip along the entire westernboundary of the Land and connect the pedestrian path to the existingpedestrian infrastructure adjacent to Stud Road to the north and south ofthe Land, to the satisfaction of Council;
(d) each area of public open space must be shown as a reserve on the planof subdivision for the relevant part of the Land so as to vest in Councilupon the registration of that plan of subdivision;
(e) the Strip does not form part of the Owner's minimum public open spacecontributions as required in clause 2.0 of Schedule 8 of the DevelopmentPlan Overlay in the Plfnning Scheme;
(f) 30 days from the commencement of this Agreement, the Owner mustpay an amount of $125,000 to Council as a contribution towards theestablishment of a community facility; and
(g) the amount of $125,000 must be indexed annually from June 2007 byreference to the ABS Non-residential Buildings Construction Index (ABS4113) until it is paid.
I
Geotechnical information report(h) prior to the issue of a Statement of Compliance in relation to any plan of
subdivision for any stage within the area of the Land (or such other timeas agreed to in writing by Council), the Owner must submit to Council ageotechnical information report including information about the fill of andcompaction the land within that stage;
Maintenance of wetlands and stormwater works(i) for a period of 2 years after the completion of all road works construction
and in-ground infrastructure works in a stage of development to thesatisfaction of Council, the Owner must maintain all wetlands andstormwater quality works in that stage of development, including but notlimited to the removal of sediment, to the satisfaction of Council(Maintenance Period).
IWetlands Operation Plan(j) prior to the completion of the Maintenance Period and the handing over
of the ownership and management of all wetlands and stormwaterinfrastructure on the Land to Council, the Owner must prepare andsubmit to Council for approval a Wetlands Operation Plan;
(k) the Wetlands Operation Plan must include the arrangements for theownership and management of all wetlands and stormwaterinfrastructure on the Land, including all handing over arrangements tooccur after the Maintenance Period to the satisfaction of Council;
III-. 5362108/4 page 5
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111~llllllllllllill~llltlllll~1~IIIII~IIIIIIIIMobile Phone Tower(I) by 11.59pm on 22 December 2014, the Owner must cease use of the
Mobile Phone Tower;
(m) by 11.59pm 22 June 2015, the Owner must remove the Mobile PhoneTower from the Land to the satisfaction of Council;
(n) while the Mobile Phone Tower is in use, the Owner must ensure that anApproved Buffer·exists between the Mobile Phone Tower and any lots onthe Land that have been subdivided for the purposes of residentialdevelopment; and
Other(0) prior to the issue of a Statement of Compliance in relation to any plan of
subdivision within the area of the Land (or such other time as agreed toin writing by Council), the Owner must provide to Council an independentreport identifying any redundant items, materials or features that:
(i) can be salvaged, stored or used on the Land (for example aspublic art) within any proposed public open space areas; and
(ii) provides an interpretation of the Land's industrial heritage.
5 Statutory role of CouncilThe Parties acknowledge that this Agreement does not fetter the futureexercise of any statutory discretion by the Council whether in relation to thisAgreement or otherwise and the provisions of this Agreement must be readand construed accordingly.
6 Registration and other obligations6.1 Registration
The Owner further covenants and agrees that:
(a) the Owner will do ali things necessary to give effect to this Agreement;and
(b) the Owner will consent to Council making application to the Registrar ofTitles to make a recording of this Agreement in the Register on theCertificate otTilie of the land in accordance with section 181 of the Actand do all things necessary to enable Council to do so including signingany further agreement, acknowledgment or document or procuring theconsent to this Agreement of any mortgagee or caveator to enable therecording to be made in the Register under that section.
6.2 Residential Lots(a) The Owner and Council agree that this Agreement is not intended to bind
an owner of a Residential Lot.
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(b) The Council will, at the time of issue of a Statement of Compliance inrelation to any plan of subdivision for any stage, at the request and at thecost of the Owner make application to the Registrar of Titles undersection 183(1) of the Act to cancel the recording of this Agreement onthe register in relation to the lots in that stage.
I 7 Notices
I (a) Any notice, demand. certification, process or other communicationrelating to this Agreement may be served on a Party by pre-paid ordinarymail, personally delivered or left at the Party's address.
(b) A communication which has been posted is deemed to have beenserved at the expiration of 48 hours from the time of posting.•
II
8 GST
II
(a) In this clause words that are defined in A New Tax System (Goods andSeMees Tax)Aet 1999 have the same meaning as their definition in thatAct.
(b) Except as otherwise provided by this clause, all consideration payableunder this Agreement in relation to any supply is exclusive of GST.
(c) If GST is payable in respect of any supply made by a supplier under thisAgreement, subject to clause 8(d) the recipient will pay to the supplieran amount equal to the GST payable on the supply at the same time andin the same manner as the consideration for the supply is to be providedunder this Agreement.
(d) The supplier must provide a tax invoice to the recipient before thesupplier will be entitled to payment of the GST payable under clause8(c).
I'I
I
9 AcknowledgementThe Council acknowledges and agrees that this Agreement satisfies theobligations and requirements of section 1.0 of scnedue 8 to the DevelopmentPlan Overlay of the Knox Planning Scheme.
II
10 CustodianLimitationof Liability(a) The Custodian enters into this Agreement as custodian and agent of the
Trustee and in no other capacity.
(b) The parties other than the Custodian acknowledge that the Obligationsare incurred by the Custodian solely in its capacity as custodian of theAssets of the Unit Trust and as agent of the Trustee and that theCustodian will cease to have any obligation under this Agreement if theI
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1\11\1~\llillllllllllllll~III\\~I~I\IIIIII\IIII~1Custodian ceases for any reason to be custodian of the Assets of theUnit Trust.
(c) The Custodian will not be liable to payor satisfy any Obligations exceptto the extent to which it is indemnified by the Trustee or except out of ti1eAssets against which it is entitled to be indemnified in respect of anyliability incurred by it.
(d) The parties other than the Custodian may enforce their rights against theCustodian arising from non-performance of the Obligations only to theextent of the Custodian Indemnity as provided above in clause 10(c).
(e) If any party other than the Custodian does not recover all money owmqto it arising from non-performance of the Obligations it may not seek torecover the shortfall by:
(i) bringing proceedings against the Custodian in its personalcapacity; or
(ii) applying to have the Custodian wound-up or proving in thewinding-up of the Custodian,
(I) The parties other than the Custodian waive their rights and release theCustodian from any personal liability whatsoever, in respect of any lossor damage:
(i) which they may suffer as a result of any:
(A) breach of the Custodian of any of its Obligations; or
(8) non-performance by the Custodian of the Obligations; and
(ii) which cannot be paid or satisfied from the indemnity set out abovein clause 10(c) in respect of any liability incurred by it.
(g) The parties other than the Custodian acknowledge that the whole of thisagreement is subject to this clause and, subject to clause 100), theCustodian shall in no circumstances be required to satisfy any liabilityarising under, or for non-performance or breach of any Obligations underor in respect of, this agreement or under or in respect of any otherdocument to which it is expressed to be a party out of any funds,property or Assets other than to the extent that this agreement requiressatisfaction out of the Assets of the Unit Trust under the Custodian'scontrol and in its possession as and when they are available to theCustodian to be applied in exoneration for such liability.
The parties acknowledge that the Trustee is responsible under the TrustDeed for performing a variety of obligations relating to the Unit Trust,including under this Agreement. The parties agree that no act oromission of the Custodian (including any related failure to satisfy anyObligations) will constitute fraud, negligence or breach of duty of theCustodian for the purposes of clause 100) to the extent to which the actor omission was caused or contributed to by any failure of the Trustee Orof any other person or fulfil its obligations relating to the Unit Trust or byany other act or omission of the Trustee or any other person.
(h)
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II
No attorney, agent or other person appointed in accordance with thisAgreement has authority to act on behalf of the Custodian in a way whichexposes the Custodian to any personal liability and no act or omission ofsuch a person will be considered fraud, negligence or breach of duty ofthe Custodian for the purposes of clause 100l.
Gl This clause 10 does not apply to the extent that the Obligations arise outof, or the Custodian's right of indemnity out of the Assets is prejudicedby, the fraud, negligence or breach of duty on the part of the Custodianunder its custody agreement with the Trustee.
(i)
II
In this clause:
Assets includes all assets, property and rights real and personal of any valuewhatsoever of the Unit Trust; and
Custodian means Trust Company Limited ABN 59 004 027 749 as custodianof the Unit Trust.
Obligations means all obligations and liabilities of whatever kind undertakenor incurred by, or devolving upon, the Custodian under or in respect of thisAgreement.
Trust Deed means the trust deed constituting the Unit Trust executed on 24May 2007.
Trustee means Mirvac Funds Management Limited ABN 78 067 417 663 astrustee of the Unit Trust.
Unit Trust means Mirvac Wholesale Residential Development PartnershipTrust established under the Trust Deed.
I
•IIII
11 General11.1 Further steps
Each party must promptly do whatever any other party reasonably requires of itto give effect to this Agreement and to perfonn its obligations under it.
11.2 Governing law and jurisdiction(a) This Agreement is governed by and is to be construed in accordance
with the laws applicable in Victoria .
(b) Each party irrevocably and unconditionally submits to the non-exclusivejurisdiction of the courts of Victoria and any courts which have jurisdictionto hear appeals from any of those courts and waives any right to objectto any proceedings being brought in those courts.
••
•I
11.3 Miscellaneous(a) The Owner further covenants and agrees that the Owner will bring this
Agreement to the attention of all prospective purchasers, lessees,mortgagees, chargees, transferees and assigns.I
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(b) The Owner further covenants and agrees that the Owner will immediatelypay to Council, Council's reasonable costs and expenses (including legalexpenses) of and incidental to the preparation, drafting, review,finalisation, engrossment, execution, registration and enforcement of thisAgreement which are and until paid will remain a debt due to Council bythe Owner.
(c) Without limiting the operation or effect which this Agreement has, theOwner warrants that apart from the Owner and any other person whohas consented in writing to this Agreement, no other person has anyinterest, either legal or equitable, in the Land which may be affected bythis Agreement.
(d) Any time or other indulgence granted by Council to the Owner or anyvariation of the terms and conditions of this Agreement or any judgmentor order obtained by Council against the Owner will not in any wayamount to a waiver of any of the rights or remedies of Council in relationto the terms of this Agreement.
(e) If a court, arbitrator, tribunal or other competent authority determines thata word, phrase, sentence, paragraph or clause of this Agreement isunenforceable, illegal or void then it must be severed and the otherprovisions of this Agreement will remain operative.
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I
Executed as a deed.
AH503122A17109120101105.20 173
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The Common Seal of Knox City Council washereuntoaffixed in accordancewith the MeetingProcedure~J.d}Jseof CommonSeal LocalLaw2008 on .f.y.r;.ff.!. in the presenceof
SEAL,_. -
ChiefExecutiveOfficer.~»C:
AuthorisedOfficer.4 .
Signed sealed and delivered for andon behalfof The Trust CompanyLim~ its duly appointedattorney~ JOHN NEWBY
pursuantto Power of Attorneydated I'l_'S'v1t=s2=in the presence0~
~ .d-........./ ~ .Signatureof witness
.........."".,RA~HE.L..cHAN".",.".Nameof witness (pleaseprint)
))))))
, P~ .., ,Signatureof ttorney(I have no noliceof revocationof the powerof attorneyunderwhich I signthis document)
JohnNewbyHead,of-Ptwtlrtv'and,lnfmstruclu~CUstody'Servfces
Name01Atforney(please pnnt)
ANZ FiduciaryServicesPly Ltdas Mortgageeof registeredmortgageNo.AG914580Jconsentsto the 0 nerenter' ' iRlo this Agreementand in the event that the MortgageebecomesMortga ee-in-pos ession,agreesto be boundby the covenantsandconditionsof this Agreeme . /
Veer'a Satyamurthy
5382108/4 page 11
Bourke Place600 Bourke Street Melbourne VIC 3000
GPO Box 992SVIC 3001Tel (03) 9672 3000Fax (03) 9672 3010www.corrs.com.au
CORRSCHAMBERSWESTGARTHlawyers
The Trust Company Limited
Knox City Council
Section 173 Agreement
Austral Bricks Site, 525 Stud Road, Scoresby
5S05418/5Ref:PUDE 9070262© Corrs Chambers Westgarth
Contents
1 Interpretation 1
1.1 Definitions12 Construction 2
2 Acknowledgment 4
3 Commencement and end 4
3.1 Commencement 43.2 End 4
4 Purchase of an Adjoining Property 4
5 Bus 'Service 5
6 Statutory role of Council 5
7 Registration and other obligations 6
71 Not binding on individual successors in title 67.2 Registration 6
8 Notices 6
9 GST 6
10 Acknowledgement 6
11 Custodian Limitation of Liability 7
12 General 8
12.1 Further steps 812.2 Governing law and jurisdiction 812.3 Miscellaneous ·9
Annexure A - Plan 11
5505418/5
THIS AGREEMENT is made on ofl,}/ ~f 2010
BETWEEN KNOX CITY COUNCIL of 511 Burwoo H· hway,Wantirna South,Victoria, 3152 (Council)
AND THE TRUSTCOMPANY LIMITED ABN 59004027749 as custodianand agent for the Mirvac Wholesale ResidentialDevelopmentPartnership Trust of Level 6, 380 St Kilda Road,Melbourne, Victoria,3004 (Owner)
RecitalsA The Owner is the registered proprietor of the Land.
S The Council is the responsible authonty under the Act for the administrationand enforcement of the Planning Schemewhich applies to the Land.
e By resolution of 15December 2009, Council requiredthe Owner to enter intothis Agreement, to provide for the matters set out in that clause 9.5 of thatresolution. A copy of the resolution is available for inspectionat Council officesduring normal business hours upon giving the Council reasonable notice.
D The parties have agreed to enter into this Agreement on the terms andconditions set out in this Agreement to achieve and advance the objectives ofplanning in Victoria and the objectives of the PlanningScheme in respect of theLand.
E As at the date of this Agreement, the Land is encumberedby Mortgage No.AG914580J in favour of the Mortgagee. The Mortgageehas consented to theOwner entering into this Agreement with respect to the Land.
It is agreed
1 Interpretation1.1 Definitions
In this Agreement.
Abutting Land means the lots on the Land Immediatelyadjacent to theAdjoining Properties as shown highlighted grey and marked"Abutting Land" onthe plan attached as Annexure A
Act means the Planning and Environment Act 1987(VIC)
Agreement means this document and the agreement executed by the partiesexpressed to be supplemental to this document and the agreement constitutedby it.
Adjoining Properties means all of the lots situated at 95Wallace Road to 139Wallace Road, Wantirna South (inclusive).
5505418/5
Adjoining' Property means any of the lots situated at 95 Wallace Road to 139Wallace Road, Wantirna South (inclusive).
Adjoining Property Owners means the registered proprietors of the AdjoiningProperties.
Business Day means a day other than a Saturday, Sunday or bank or publicholiday in Melbourne.
Council means the Knox City Council and its successors.
Development Lots means the Land or any part of the Land transferred toanother party with the intention that that party will further subdivrde the landtransferred to it for sale as Residential Lots.
Development Plan means the 525 Stud Road (Austral BricksSite)Development Plan as endorsed by the Council on 20th January2010, requiredby Section 2.0 of Schedule 8 of the Development Plan Overlayof the KnoxPlanning Scheme. A copy of the Development Plan is available for inspectionat Council offices during normal business hours upon giving the Councilreasonable notice.
Land means the land at 525 Stud Road Scoresby and being lot 1 on plan ofsubdivision PS608189 and lots 2 and 3 on plan of subdivision PS608190andmore particularly being the land comprised in certificates of title volume 11023folio 793, volume 11023 folio 925 and volume 11023 folio 926 and anyreference to the Land in this Agreement includes any lot created by thesubdivision of the Land or any part of it.
Mortgagee means the person or persons registered or entitled from time totime to be registered by the Registrar of Titles as Mortgagee of the Landor anypart of it.
Owner means the person or persons registered or entitled from time to time tobe registered by the Registrar of Titles as proprietor or proprietorsof an estatein fee simple of the Land or any part of it and includes a Mortgagee-inpossession.
party or parties means the Council or the Owner under this Agreement asappropriate.
Residential Lots means individual lots created by the subdivisionof the Landor any part of it, which are transferred to another party Withthe intention thatthat party will not further subdivide the lot.
1.2 ConstructionUnless expressed to the contrary, in this Agreement:
(a) words in the singular include the plural and vice versa;
(b) any gender includes the other genders;
(c) if a word or phrase is defined its other grammatical forms havecorresponding meanings;
(d) "includes" means includes without limitation;
5505418/5 page 2
(e) no rule of construction will apply to a clause to the disadvantage of aparty merely because that party put forward the clause or wouldotherwise benefit from it;
(f) a reference to:
(i) a person includes a partnership, jornt venture, unincorporatedassociation, corporation and a government or statutory body orauthority and that person's successors in law;
(II) any legislation or subordtnate legislation Includes anycorresponding later legislation or subordinate legislation;
(iii) an obligation Includes a warranty or representation and a referenceto a failure to comply with an obligation includes a breach ofwarranty or representation;
(iv) a right includes a benefit, remedy, discretion and power;
(v) time is local time in Melbourne;
(vi) "$" or "dollars" is a reference to Australian currency;
(vii) this or any other Agreement includes the Agreement as novated,varied or replaced and despite any change in the identity of theparties;
(viii) writing includes any mode of representing or reproducing words intangible and permanently visible form, and includes fax .transmission; and
(ix) this Agreement includes all schedules and annexures to it;
(g) if the date on or by which any act must be done under this Agreement isnot a Business Day, the act must be done on or by the next BusinessDay;
(h) where time is to be calculated by reference to a day or event, that day orthe day of that event is excluded;
(i) if a party consists of more than one person this Agreement binds themjointly and each of them severally;
(j) a term used in this Agreement has its ordinary meaning unless that termis defined in this Agreement If a term is not defined in this Agreementand it is defined in the Act is has the meaning as defined in the Act;
(k) the Introductory clauses to this Agreement are and will be deemed toform part of this Agreement; and
(I) the obligations of the Owner under this Agreement, will take effect asseparate and several covenants which are annexed to and run at lawand equity with the Land provided that If the Land is subdivided, thisAgreement must be read and applied so that each subsequent owner ofa lot is only responsible for those covenants and obligations whichrelated to that owner's lot
5505418/5 page 3
2 AcknowledgmentThe partiesacknowledge that this Agreement is made pursuant to Section 173of the Act.
3 Commencement and end3.1 Commencement
This Agreementwill come into effect on and from the date of execution
3.2 End(a) Thrs Agreement will end as soon as the Owner reasonably satisfies the
Council that the Owner's obligations:
(i) under clause 4, have been performed,or a period of two yearshas elapsed since the DevelopmentPlanwas endorsed byCouncil, whichever is earlier; and
(ii) under clause 5, have been performed,or all the developmentoutlined in the Development Plan has been completed and theDepartment of Transport has not yet scheduled a bus service torun through the Land, whichever is earlier.
4 Purchase of an Adjoining Property(a) The Owner must engage an independent real estate agent (who is
acceptable to Council, acting reasonably) (Agent) to approach theAdjoining Property Owners in order to attempt to negotiate an agreementbetweenone of the Adjoining PropertyOwners and the Owner for theOwner to purchase the property of the Adjoining Property Owner.
(b) The Owner must use reasonable endeavours to procure the Agent toprovideCouncil with a monthly report providing an update of thenegotiations between the Agent and the Adjoining Property Owners(Monthly Report).
(c) The Owner must as soon as it receives the Monthly Report, provide theMonthly Report to Council.
(d) If the Agent is able to negotiate an agreement between the Owner andan Adjoining Property Owner for the Owner to purchase an AdjoiningPropertyon terms reasonably acceptable to the Owner and at a fairmarket price (as determined by an independent valuer appointed by theOwner,who is acceptable to Council, acting reasonably), the Owner willenter into a contract of sale which reflects those terms to purchase thatAdjOiningProperty (Purchased Adjoining Property).
(e) Subject to the Owner becoming the registered proprietor of thePurchasedAdjoining Property, the Owner must, contemporaneouswiththe completion of the road reserves'and public open spaces for theAbutting Land, or such other time as agreed to in writing by Council,
5505418/5 page 4
complete construction of a pedestrian link and associated landscapingon the Purchased Adjoining Property in accordance with Council'srequirements including any plans endorsed by Council or Councilstandards (Pedestrian Link).
(I) Subject to the Owner becoming the registered proprietorof thePurchasedAdjoining Property, the Owner must, within 3 months from thecompletion of the construction of the Pedestrian Link to the satisfactionof Council, either, at the Owner's full cost.
(i) transfer ownership of the PurchasedAdjOiningProperty to Councilin return for a consideration of $1 00 payable byCouncil to theOwner; or
(ir) vest ownership of the Purchased Adjoining Propertyto Council.
(g) The Owner must not sub-divide the Abutting Land until the earlier of:
(i) a period of two years has elapsed since the endorsementof theDevelopment Plan by Council; and
(ii) the date the Owner becomes the registered proprietorof thePurchased Adjoining Property.
(h) Subject to the Owner becoming the registered proprietorof thePurchased Adjoining Property, the Owner must constructa pedestrianlink on that part of the Land directly abutting the PurchasedAdjoiningProperty to connect the Pedestrian Link with the pedestriannetwork tobe constructed on the Land.
5 Bus ServiceThe Owner agrees that if the Department of Transport schedulesa bus serviceto run through the Land prior to the completion of all development outlined inthe Development Plan, then the Owner prior to the commencementof that busservice must provide all infrastructure to accommodate a bus service tooperate along the main boulevard to be located on the Land, including theprovision of bus stops, shelters, and hardstands to the satisfactionof Council.
6 Statutory role of CouncilThe Parties acknowledge that this Agreement does not fetter the futureexercise of any statutory discretion by the Council whether in relation to thisAgreement or otherwise and the provisions of this Agreement must be readand construed accordingly.
5505418/5 page 5
7 Registration and other obligations7.1 Not binding on individual successors in title
The Owner agrees that each obligation imposed on the Owner under thisAgreement:
(a) binds the Owner,
(b) binds the owner of a Development Lot (and will continue to bind thatowner after the relevant Development Lot is subdivided IntoResidentialLots, but will not bind transferees of those ResidentialLots), and
(c) does not bind any owner of a Residential Lot
7.2 RegistrationThe Council and the Owner agree that this agreementwill not be registered ontitle to the Land.
8 Notices(a) Any notice, demand, certification, process or other communication
relating to this Agreement may be served on a Party by pre-paid ordinarymail, personally delivered or left at the Party's address.
(b) A communication which has been posted is deemed to have beenserved at the expiration of 48 hours from the time of posting
9 GST(a) In this clause words that are defined in A New TaxSystem (Goods and
Services Tax)Act 1999have the same meaning as their definition in thatAct.
(b) Except as otherwise provided by this clause, all considerationpayableunder this Agreement in relation to any supply is exclusive of GST.
(c) If GST is payable in respect of any supply made by a supplier under thisAgreement, subject to clause 9(d) the recipientwill pay to the supplieran amount equal to the GST payable on the supply at the same time andin the same manner as the consideration for the supply is to be providedunder this Agreement.
(d) The supplier must provide a tax invoice to the recipient before thesupplier will be entitled to payment of the GST payable under clause9(c).
10 AcknowledgementThe Council acknowledges and agrees that this Agreement satisfies theobligations and requirements of Clause 13.2 ("LegalAgreement") of theDevelopment Plan.
5505418/5 page 6
11 Custodian Limitation of Liability(a) The Custodian enters into this Agreement as custodian and agent of the
Trustee and in no other capacity.
(b) The parties other than the Custodian acknowledge that the Obligationsare incurred by the Custodian solely in its capacity as custodianof theAssets of the Unit Trust and as agent of the Trustee and that theCustodian will cease to have any obligation under this Agreement If theCustodian ceases for any reason to be custodian of the Assets of theUnit Trust
(c) The Custodianwill not be liable to payor satisfy any Obligationsexceptto the extent to which it is indemnified by the Trustee or except out of theAssets against which it is entitled to be indemnified in respect of anyliability Incurred by it.
(d) The parties other than the Custodian may enforce their rightsagainst theCustodian arising from non-performance of the Obligations only to theextent of the Custodian indemnity as provided above In clause 11(c).
(e) If any party other than the Custodian does not recover all money owingto it arising from non-performance of the Obligations it may not seek torecover the shortfall by:
(i) bringing proceedings against the Custodian in its personalcapacity; or
(ii) applying to have the Custodian wound-Upor proving in thewinding-up of the Custodian.
(f) The parties other than the Custodian waive their rights and release theCustodian from any personal liability whatsoever, in respectof any lossor damage:
(i) which they may suffer as a result of any:
(A) breach of the Custodian of any of its Obligations; or
(8) non-performance by the Custodian of the Obligations;and
(ii) which cannot be paid or satisfied from the Indemnity set out abovein clause 11(e) in respect of any liability incurred by it.
(g) The parties other than the Custodian acknowledge that the whole of thisagreement is subject to this clause and, subject to clause 11U), theCustodian shall in no circumstances be required to satisfy any liabilityarising under, or for non-performance or breach of any Obligations underor in respect of, this agreement or under or in respect of any otherdocument to which it is expressed to be a party out of any funds,property or Assets other than to the extent that this agreement requiressatisfaction out of the Assets of the Unit Trust under the Custodian'scontrol and in its possession as and when they are available to theCustodian to be applied in exoneration for such liability.
5505418/5 page 7
(h) The parties acknowledge that the Trustee is responsible under the TrustDeed for performing a variety of obligations relating to the Unit Trust,including under this Agreement. The parties agree that no act oromission of the Custodian (including any related failure to satisfy anyObligations) will constitute fraud, negligence or breach of duty of theCustodian for the purposes of clause 11(i)to the extent to which the actor omission was caused or contributed to by any failure of the Trustee orof any other person or fulfil its obligations relating to the Unit Trust or byany other act or omission of the Trustee or any other person.
(I) No attorney, agent or other person appointed in accordancewith thisAgreement.has authority to act on behalf of the Custodian in a way whichexposes the Custodian to any personal liability and no act or omission ofsuch a personwill be considered fraud, negligence or breach of duty ofthe Custodian for the purposes of clause 11(j).
U) This clause 11 does not apply to the extent that the Obligations arise outof, or the Custodian's right of indemnity out of the Assets is prejudicedby, the fraud, negligence or breach of duty on the part of the Custodianunder its custody agreement with the Trustee.
In this clause:
Assets includes all assets, property and rights real and personal of any valuewhatsoever of the Unit Trust; and
Custodian means Trust Company LimitedABN 59 004 027 749 as custodianof the Unit Trust.
Obligations means all obligations and liabilities of whatever kind undertakenor incurred by, or devolving upon, the Custodian under or in respect of thisAgreement.
Trust Deed means the trust deed constituting the Unit Trust executed on 24May 2007. .
Trustee means Mirvac Funds Management LimitedABN 78 067 417 663 astrustee of the Unit Trust.
Unit Trust means Mirvac Wholesale Residential Development PartnershipTrust established under the Trust Deed.
12 General12.1 Furthersteps
Each party must promptly do whatever any other party reasonably requires of itto give effect to this Agreement and to perform its obligations under it.
12.2 Governing law and jurisdiction(a) This Agreement is governed by and is to be construed in accordance
with the laws applicable in Victoria.
5505418/5 page 8
(b) Each party irrevocably and unconditionally submits to the non-exclusiveJurisdiction of the courts of Victoria and any courts which have jurisdictionto hear appeals from any of those courts and waives any right to objectto any proceedings being brought in those courts.
12.3 Miscellaneous(01)... The Owner further covenants and agrees that the Owner will bring this
Agreement to the attention of all prospective purchasers, lessees,mortgagees, charges, transferees and assigns.
(b) The Owner further covenants and agrees that the Owner will Immediately/" .:: pay to Council, Council's reasonable costs and expenses (including legal
expenses) of and incidental to the preparation, drafting, review,finalisation, engrossment,execution, registration and enforcementof thisAgreement which are and until paid will remain a debt due to Council bythe Owner
(c) Without limiting the operation or effect which this Agreement has, theOwner warrants that apart from the Owner and any other personwhohas consented in writing to this Agreement, no other person has anyinterest, either legal or equitable, in the Land which may be affected bythis Agreement.
(d) Any time or other indulgencegranted by Council to the Owneror anyvariation of the terms and conditronsof this Agreement or any judgmentor order obtained by Council against the Owner will not in any wayamount to a waiver of any of the rights or remedies of Council in relationto the terms of this Agreement.
(e) If a court, arbitrator, tribunal or other competent authority determines thata word, phrase, sentence, paragraph or clause of this Agreement isunenforceable, illegal or void them it must be severed and the otherprovisions of this Agreement will remain operative.
5505418/5 page 9
Executed as a deed.
The Common Seal of the Knox' City Councilwas hereunto affixed in accordancewith the
SEAL
Signed sealed and delivered for and )on behalf of The Trust Company )Limited by its duly appointed attorney )
JOHN NEWBY )'pursuant to Power of Attorney dated )
i2 )"J( ~ .2.--= ,-= . ).in the presence~' )
...o~..~ .Signature of witness Signature of attorney (I have no notice
of revocation of the power of attorney.........Mc:::HEL.CHAN................ under which I sign this document)Name of witness (please print) John Newby
Headof Pro.P..E!.rty. (I~~.1~fr?s\I11.C!.~~.G~~.\q<;!y.$!<l.r:vicesName of Attorney (please print)
ANZ Fiduciary Services Pty Ltd as Mortgagee of registered mortgage No.AG914580J consents to the Owner entering into this Agreement and in the event thatthe mortgagee becomes Mortgar;_in-posseSSion, agrees to be bound by thecovenants and conditions of thi Agreement
"( '" P -:, L' I,r-;' ,.,.,.. )t ·l(YZ- .,. .
k'ena Satyamurthy
550541815 page 10
Annexure A
Plan
550541815 page 11
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Proposed Plan of Subdivision no. PS724276U
11044522/2
LV USE ONLY
PLAN OF SUBDIVISION PS 724276 U
LOCATION OF LAND KNOX CITY COUNCILPARISH: SCORESBY
TOWNSHIP: - - - -SECTION: - - - -CROWN ALLOTMENT: 43 (PART), 44 & 44C (PART)
CROWN PORTION: - - - -TITLE REFERENCE: VOL. FOL.
LAST PLAN REFERENCE: PS 724272 D (LOT B9)
POSTAL ADDRESS: 525 STUD ROAD(At time of subdivision) WANTIRNA SOUTH, 3152
MGA94 Co-ordinates(of approx centre of land E 345076 ZONE: 55in plan) N 5805461 GDA94
VESTING OF ROADS ANDIOR RESERVES NOTATIONS
IDENTIFIER COUNCIL I BODY I PERSON DEPTH LIMITATION OF 15.24 METRES APPLIES TO CROWN ALLOTMENT 44C ONLY.
ROADS R1 KNOX CITY COUNCIL Survey: This plan is based on survey.RESERVE No.1 KNOX CITY COUNCIL This survey has been connected to permanent marks nO(5)RESERVE No.2 KNOX CITY COUNCIL
In Proclaimed Survey Area No.
STAGING This is not a staged subdivisionNOTATIONS Planning Permit No. P/2011!6972
THE DEFINED ENDS OF EASEMENTS ARE PERPENDICULAR TO THE ADJOININGBOUNDARY UNLESS OTHERWISE SHOWN.
LOTS 1 TO 367, AND AA TO AG (ALL INCLUSIVE) HAVE BEEN OMITIED FROMTHIS PLAN
HARCRESTRELEASE6
83 LOTS.SUPERLOTSAH & AI& BALANCELOTB11
EASEMENT INFORMATIONLEGEND A - Appurtenant Easement E - Encumbering Easement R-Encumbenng Easement (Road)
Easement Purpose Width Origin Land Benefited/In Favor OfReference (Metres)
E-l DRAINAGE 3 PS 705504 R KNOX CITY COUNCIL
E-l SEWERAGE 3 PS 705504 R SOUTH EAST WATER CORPORATION
E-2 DRAINAGE SEE PLAN PS 705529 Y KNOX CITY COUNCIL
E-2 SEWERAGE SEE PLAN PS 705529 Y SOUTH EAST WATER CORPORATION
E-3, E-5 DRAINAGE SEE PLAN THIS PLAN KNOX CITY COUNCIL
E-4. E-5 SEWERAGE SEE PLAN THIS PLAN SOUTH EAST WATER CORPORATION
ORIGINAL SHEET SIZE A3DIGITALLY SIGNED BY LICENSED SURVEYOR:
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CREATION OF RESTRICTIOrPS 724276 URESTRICTION A
The Harcrest Development Restrictive Cove ants
The following restriction ISto be created upon registration of the plan of subdivrsron (Plan of Subdrvby way of a restrictive covenant and as a restriction as defined In the Subdivision Act 1988.
TABLE OF BURDENED AND BENEFITED LAND
BURDENED BENEFITING BURDENED BENEFITING BURDENED BENEFITINGLOT(S) LOT(S) LOT(S) LOT(S) LOT(S) LOT(S)
368 369 & 381 396 395 & 397 424 423. 425. 432 & 433369 368. 370 & 380 397 396 & 398 425 424.426.431 & 432370 369.371 & 379 398 397 & 399 426 425,427,430 & 431371 370, 372 & 378 399 398 & 400 427 426, 428 & 430372 371.373 & 377 400 399 & 401 428 427 & 429373 372.374 & 376 401 400 429 428 & 430374 373 & 375 402 403 & 450 430 426,427,429 & 431375 374 & 376 403 402. 404 & 449 431 425. 426. 430 & 432376 373. 375 & 377 404 403. 405 & 448 432 424.425.431 & 433377 372. 376 & 378 405 404. 406. 447 & 448 433 423, 424, 432 & 434378 371.377 & 379 406 405.407 & 447 434 422. 423. 433 & 435379 370. 378 & 380 407 406, 408 & 446 435 420,421,422,434 & 436380 369. 379 & 381 408 407, 409, 445 & 446 436 419,420,435 & 437381 368. 380 & 382 409 408,410,444 & 445 437 417.418.419.436 & 438382 381 & 383 410 409,411,443 &444 438 416.417.437 & 439383 382 & 384 411 410,412&443 439 415,416,438 & 440384 383 & 385 412 411&442 440 414,439 & 441385 384 & 386 413 414 & 441 441 413 & 440386 385 & 387 414 413.415 & 440 442 412 & 443387 386 & 388 415 414,416&439 443 410,411,442&444388 387 & 389 416 415,417,438 & 439 444 409,410,443 & 445389 388 & 390 417 416,418,437 & 438 445 408, 409, 444 & 446390 389 418 417.419 & 437 446 407. 408, 445 & 447391 392 419 418.420.436 & 437 447 405. 406. 446 & 448392 391 & 393 420 419.421.435 &436 448 404,405, 447 & 449393 392 & 394 421 420,422,435 449 403, 448 & 450394 393 & 395 422 421,423,434 & 435 450 402 & 449395 394 & 396 423 422, 424, 433 & 434
Except with the written consent of Mirvac or Its nominee the registered proprietor or proprietors for the time being of anyburdened lot must not and must not permit any other person under Its control or direction to-1. Develop a burdened lot other than In accordance with the provrsronscontained In the Memorandum of Common Provrsrons
retained by the Registrar of Titles in number which are incorporated into this Plan of Suboivrsion (Provlsionsft).
Covenants contained in Restriction A will expire on the 1st of January 2025.RESTRICTION BThe followmg restriction is to be created upon registration of the plan of SUbdivision(Plan of Sutdivrsron)by way of a restrictive covenant and as a restriction as defined in the Subdivision Act 1988.
Land to benefit: Lots 368 to 450 (both Inclusive)
Land to burden: lots 368 to 450 (both Inclusive)
Except with the written consent of Mnvac or its norrunee the registered proprietor or proprietors for the time bemg of anyburdened lot must not and must not permit any other person under Its control or direction to:
1. Make or support an application to amend the Provrslonswhich are incorporated Into this Plan of Subdivision;
2. Construct or permit to be constructed any buildmgs or works on a burdened lot unless the plansfor such buildmgs or works are endorsed by the Mnvac Deaiqn Committee as being consistent with theHarcrest Design GUidelines pnor to the Issue of a building permit.
3. Demolish or remove any bundmq, fence or structure on the burdened lot Without obtammq the pnor written approvalfor such demolition or removal and for the replacement building, fence or structure from the Mnvac Desiqn Committeeand the Responsible Authority and only if the bUilding, fence or structure is replaced with a bUilding, fence or structure
which complies Withthe requirements of Mirvac or lis nominees.
4. Alter the appearance of the dwelling on the burdened lot In any way, Including but not limited toa. Changing any matenals or colours, except any maintenance that shall match the eXistmgmaterials
and colours;b. Erect or affix any external shutters or Windowawnings, except where any such external awnings or shutters
are not Visible from public areas;
Continued Sheet 7
DIGITALLY SIGNED BY LICENSED SURVEYOR· Sheet 6 of 7 SheetsTGM Group Melbourne
~
765 Glenferne RO<Id(PO Bo~ 2304)Hawthorn Vic 3122
BRENT KEVIN O'GRADYT 03 8862 9333F 0398194909ASN 11 125566 461wwwtgmgroul)com Goolo"~'Ba~"'tlll>' "'
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PS 724276 UContinued from Sheet 6
C. Erect or affix any antenna, satellite dish, radio mast, air-conditioning, healing plant, solar panel orexternal mounted conduits on any part of a burdened lot, nor permit others to do so, except where any suchItem is nol visible from public areas;
d. Install any window film to a window of a burdened lot visible from public areas;
e. Erect or affix any sign or notice on the burdened lot except in accordance with the following specification
or as required by law;Signage Specificationsi. Any real estate siqn or notice must not exceed 700mm in width and 1000mm in height and
to the top of any sign or notice must not be more than 2000mm above the ground.II. Not more than one sign can be erected.
5. Installanywindowfurnishings to any window of a burdened lot except In accordance with the following specification:
Window Furnishing Specification
a. Type
Roller Blind
Venetian Blmd
Roman Blind
Curtains
Hanging Blind
Vertical Blind
Timber Venetian
r.Ii.
III.
rv.v.vi.
vii.
b. Colour
r. External face of all window furnishings shall be black, charcoal or white except for the timber blind
which shall be clear finished cedar, black, charcoal or white.
6. Use a garage within a burdened lot as a habitable room.
7. Place or erect any clothes drying or airing facihty on the burdened lot except where any such itemIS not visible from public areas.
8. Erect a shed, pergola or water tank within a burdened lot that is Visible from public areas.
9. Keep a caravan, trailer. boat, plant machinery or a truck on a burdened lot except where any such item ISnot Visible from pubhc areas
10. Remove any treated window in a bUilding on a burdened lot.
11. Aliow the state of repair of any landscaped area of a burdened lot VISible from a public space to fall belowthe standard as at the date of completion.
12. ccnsouoate or seek to consolidate any burdened lot With another lot or part of a lot.
13. Sub-divide or seek to sub-divide any burdened lot
14. Use any dwelling constructed on any burdened lot for the purpose of a display, show or exhibition home.
15. Excavate the whole or any part of the burdened lot including, drilling bores, water wells and other digging,dnillng, boring or excavations other than as required for,
a. Footings and foundations for the purposes of constructing approved dwellings;
b. Construction of a swimmma pool of up to 1.70 metres below natural surface levels.
Covenants contained in clauses 1, and 3 to 15 (both inclusive) of Restriction B will expire on the 1st of January 2018.
Covenants contained in clause 2 of Restriction B will expire in relation to a burdened lot on the earlier of 2 years afterthe occupancy permit is issued for that burdened lot and the 1st of January 2020.
Nothing In this Restriction applies to Mirvac or The Trust Company.
For the purposes of this restriction:
Mirvac means Mirvac Victoria Pty Ltd ABN 42 006 708 363 or any of its related bodies corporate within the meaningof the Corporations Act.
The Trust Company means The Trust Company Limited ABN 59 004 027 749 as custodian and agent for the
Mirvac Wholesale Residential Development Partnership Trust or any of its related bodies corporate Within the meaning
of the Corporations Act.
Mirvac Design Committee means the Mirvac Design Committee referred to in the Harcrest DeSign Guidelines.
Harcrest Design Guidelines means the Design GUidelines specified by the Mnvac Design Committee from time to timeas being applicable to the lots Included In the Plan of Subdivrslcn.
DIGITALLYSIGNEDBY LICENSEDSURVEYOR: Sheet 7 of 7 SheetsTGM Group Melbourne765 G!el1ferrle Road (PO Box 2304)Hawlhom VIC3122T 03 8862 9333F 0398194909ABNl1125568461WYffllgmglQ\)p com
BRENT KEVINO'GRADY
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Proposed Plan of Subdivision no. PS724272D
1104452212
LV USE ONLY
PLAN OF SUBDIVISION PS 724272 DLOCATION OF LAND
PARISH: SCORESBY
TOWNSHIP: - - - -SECTION: - - - -CROWN ALLOTMENT: 43 (PART). 44 & 44C (PART)
CROWN PORTION: - - - -TITLE REFERENCE: VOL. FOL.
LAST PLAN REFERENCE: PS 705504 R (LOT B8)
POSTAL ADDRESS: 525 STUD ROAD(At time of subdrvrsron) WANTIRNA SOUTH. 3152
MGA94 Co-ordinates(of approx centre of land E 344926 ZONE: 55in plan) N 5805459 GDA94
VESTING OF ROADS ANDIOR RESERVES NOTATIONS
IDENTIFIER COUNCIL 1BODY 1PERSON DEPTH LIMITATION OF 15.24 METRES APPLIES TO CROWN ALLOTMENT 44C ONLY
ROADS R1 KNOX CITY COUNCIL Survey: This plan is based on surveyRESERVE No 1 KNOX CITY COUNCIL
This survey has been connected to permanent marks no(s)RESERVE No.2 KNOX CITY COUNCILRESERVE No.3 KNOX CITY COUNCIL In Proclaimed Survey Area No.RESERVE No.4 KNOX CITY COUNCILRESERVE NO.5 SPI ELECTRICITY PTY LTO STAGING This is not a staged subdivision.
NOTATIONS Planning Permit No. P/2011/6972
THE DEFINED ENDS OF EASEMENTS ARE PERPENDICULAR TO THE ADJOININGBOUNDARY UNLESS OTHERWISE SHOWN.
LOTS 1 TO 322 AND 81 TO 88 (ALL INCLUSIVE) HAVE BEEN OMITIEDFROM THIS PLAN.
HARCRESTRELEASE 10
45 LOTS, SUPERLOTSAA,AB, AC, AD,AE, AF, AG& BALANCELOT89
EASEMENT INFORMATIONLEGEND A - Appurtenant Easement E - Encumbering Easement RwEncumbering Easement (Road)
EasementPurpose
Width Origin Land Benefited/In Favor OfReference (Metres)
E-' DRAINAGE 3 PS 705504 R KNOX CITY COUNCIL
E-' SEWERAGE 3 PS 705504 R SOUTH EAST WATER CORPORATION
E-2 WATER SUPPLY SEE PLAN PS 648225L SOUTH EAST WATER CORPORATION
E-3 WAY SEE PLAN PS 705529Y RELEVANT ABUTTING LOT
E-4 DRAINAGE SEE PLAN PS 705529Y KNOX CITY COUNCIL
E-4, Ew5 SEWERAGE SEE PLAN PS 705529 Y SOUTH EAST WATER CORPORATION
E-5 WATER SUPPLY SEE PLAN PS 705529 Y SOUTH EAST WATER CORPORATION
E-6 DRAINAGE 3 THIS PLAN KNOX CITY COUNCIL
E-6 SEWERAGE 3 THIS PLAN SOUTH EAST WATER CORPORATION
ORIGINAL SHEET SIZE A3DIGITALLY SIGNED BY LICENSED SURVEYOR:
Sheet 1 of 9 Sheets
TGM Group Melbourne
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348__ ~-IWI
BEACHWOOD :o:lDRIVE ~:~
R1 I'I
--~-Iw
AG1606m'
346268°55' 57·50w~ __ ~~~~~~~~~~~---~~
~.I~ CHERRY R1 WALK ~I~88"55' 57·50
326
345325
RESERVENo.42195m'
~----I~
'" 344RESERVE
No.534m'
"·5S'jam ~~ I I;"~, N •N o~
o '"w Bm ~268"55' ~'" ~'
w 0'--';::;: -----~5""."'5'-------'\.--/'" L__J6_:?Q..__~ '---__3 \~ 269"52'40" 3 269"52'40
<•....?&~c.
324
343(16'50)
1201323
--__/J-(I
BEACHWOOD _:o:lDRIVE ~I~
R1 :'"I,
R1 WAYAPPLEDALE oN
14 12'5014 12·5012·50 12·5010m 10m
355357396m'
356_ 353m'
N -l N -..~ ~ "!' ~Nv> "'VlVl~ V1~
359395m'
358_ 353m'
N _, N -...l0/ ~ '7' ~NVI NVlL11 ~ Vl ~
364 363 362 361 360_ 283m' _283m' _ 353m' _ 353m'
N-l N-l N-l N-l N-l'7' ~ '7' ..c '7' "i: 0:> -0 c;o ~""VI NVl NIJ'I ..:....;; Nv>Vl",,:! Vl",,:! V1~ V1~ V1~
14 12'5010m 12·5010m269'52'40" (286-28)
SCALE ORIGINAL5 0 5 10 15 20 25 SCALE I SHEET
, , I ' SIZELENGTHS ARE IN METRES 1:500 A3
Sheet 6 of 9 SheetsTGM GroupMelbourne765 Glenfeme Road (PO Box 2304)Hawthorn Vic 3122T 03 8862 9333F 0398194909A8N11125568461YNffllgmgroup com
DIGITALLYSIGNED BY LICENSEDSURVEYOR:JAS-ANZ_lod QuaI,oytSOOOOIOH&SASlNZS~801_ ErMn:,"ITI."IIS01~OOI REF 3228-45-06 28/02/2014 VERSION 1
SEE SHEET 4 PS 724272 DRESERVE
NO.3 I~MULBERRY 95"00'R1 WALK ~ 14'08
V, 14-08 /20)~ 3 95000' ~ ~ 16'16m-c -),",l:,--16:Sg--T em 95"00' V,0 "-010'",,- 8-58 ~a S"'. o- ~.~\", 95°00'3
w 15-68,,- w
~:=:0~
"l ~ m
AF ~" ~ ~N":'~ '" ;;; !:::!~- ~ >; 350 '" 336 §~'" S a._ ~'"(16·50) w .
537m' ::-:-349 w~ 558m'_ w
. ~ - 0 335 ~ N~ 0
~ N",~473m'
~a. 430m'0
~-r ;;;1201a.~'I E-6 E-6 "\:DAINTREE ,;I~
~--- - J_-WAY R1 3::!! G) 14 1414·50 (14) ~
(201~~ ;;0 \28-50)
1(88"55') 28
m 348 1N 337 Nm ~ v,
350m' :i:~ 0Z 0 356m'1 <
~ (28·50\ 28 m~1-
/88"55') ;;0 '"(0 AG ~ o "l338 0 I-~~ ~
I~I- ~.;, :r: v:!~ 347 ~ ~
~ill '" :i: 350m' :i: »v,
356m' E-6'i~ Z1li0
R1 \28-50) 28 --lillill I \88"55')
346 339 0 R1 U)U) ~~ ,; 1
0
280m' 3 "~\~ 3 3R1 /~
285m' I 28 "l'" 128·50) ~
I \88"55') '" en 89345 1 340 --l
CHERRY 0 0 ;;0,;E-6"--!- 3 280m' 3
3285m;"'501 mWALK 28 m ~~I /88"55') --l ~~~'"
w ~ 344 1 ~ 341 ~RESERVE ~~ ~ :i: 350m' :i:;..v; v, 356m'No.4 -'" 0
1(2a'50) "~Y- \88"55')
E-6 342 N(16-50) _" 343 '" 434m'
;g~428m' C;;
~? ~<. .~, (20)..., .?" '\,'\,...,.\>.~ loJ__L' ___ 1Q!n___ ~ ~d' . 25 SO '5
3-13 269"52'40 3 269"52'40" IIII"
0 APPLEDALE R1 WAY ~1~NI~II
89"52'40" 3 I12·50 12·50 10m 10m 11.41 {y'", -lw 8S·55'<o~<
'0~<.
356 355 354 353 352 351_ 353m' _ 353m' _ 283m' _ 283m' 405m'~~ ~~ ~~ ~~ ~~
'=!"~ ~~ ~~ ~~ I:!"~ ~~~~ ..:.,'" ~~ ~~ ~~ '-!"':.;:~'" ~ w ~'" ~'" ~'" ~~~'"
12·50 12·50 10m 10m 14·88 26'89 1304·77) _269·52'40" (2a6'2S) 269°28'40"
SCALE ORIGINAL Sheet 7 of 9 SheetsTGM Group Melbourne
~
5 0 5 10 15 20 25 SCALE I SHEET765 Glenfeme Road (PO Box 2304) , , , , , SIZEHawthorn VIC31221:500 A3T 0388629333 LENGTHS ARE IN METRES
F 0398194909DIGITALLYSIGNED BY LICENSEDSURVEYOR'A8N 11125568461
'M'IW tgmgroupcom Go"'''''9IS."."" ISo),,,,,JAs.ANZ ActtOd,~d OuOl,ty ISO 0001 • OH&S ASlNZS 4801 • Enwo<vnonllSO 14001 REF 3228-45·07 28/02/2014 VERSION 1
PS 724272 D
CREATION OF RESTRICTIONRESTRICTION A
The Harcrest Development Restrictive Covenants
The following restriction is to be created upon registration of the plan of subdivision (Plan of Subdivision)by way of a restrictive covenant and as a restnction as defined in the Subdivision Act 1988.
TABLE OF BURDENED AND BENEFITED LAND
BURDENED BENEFITING BURDENED BENEFITINGLOT(S) LOT(S) LOT(S) LOT(S)
323 324 346 339,345 & 347324 323 & 325 347 338, 346 & 348325 324 &326 348 337,347,349 & 350326 325 349 348 & 350327 328 350 336, 348 & 349328 327 &329 351 352329 328 & 330 352 351 & 353330 329 353 352 & 354331 332 354 353 & 355332 331 & 333 355 354 & 356333 332 & 334 356 355 & 357334 333 357 356 & 358335 336 & 337 358 357 & 359336 335, 337 & 350 359 358 & 360337 335, 336, 338 & 348 360 359 & 361338 337.339 & 347 361 360 & 362339 338, 340 & 346 362 361 & 363340 339, 341 & 345 363 362 & 364341 340, 342 & 344 364 363 & 365342 341 & 343 365 364 & 366343 342 & 344 366 365 & 367344 341, 343 & 345 367 366345 340, 344 & 346
Except with the written consent of Mirvac or Its nominee the registered propnetor or proprietors for the time being of anyburdened lot must not and must not permit any other person under Its control or direction to-1. Develop a burdened lot other than in accordance with the provisions contained In the Memorandum of Common Provisions
retained by the Registrar of Titles in number which are incorporated Into this Plan of Subdivision ("Provisions").
Covenants contained in Restriction A will expire on the 1st of January 2025.
RESTRICTION B
The following restriction is to be created upon registration of the plan of subdivision (Plan of Subdivision)by way of a restrictive covenant and as a restriction as defined In the Subdivision Act 1988
Land to benefit: Lots 323 to 367 (both inclusive)
Land to burden: Lots 323 to 367 (both inclusive)
Except with the written consent of Mirvac or Its nominee the registered proprietor or proprietors for the lime being of anyburdened lot must not and must not permit any other person under its control or direction to'
1. Mak.e or support an application to amend the Provisions which are incorporated into this Plan of SubdivIsion;
2. Construct or permit to be constructed any buildings or works on a burdened lot unless the plansfor such buildings or work.s are endorsed by the Mirvac Design Committee as being consistent with the
Harcrest Design GUidelines prior to the issue of a bUilding permit.
3. Demolish or remove any building, fence or structure on the burdened lot without obtaining the prior written approval
for such demolition or removal and for the replacement building, fence or structure from the Mnvac Desrqn Committee
and the Responsible Authority and only If the building, fence Or structure IS replaced with a burldlnq, fence or structure
which complies with the requirements of Mirvac or its nominees.
4. Alter the appearance of the dwelling on the burdened lot in any way, including but not limited to:
a. Changing any materials or colours, except any maintenance that shall match the exrsnnq matenalsand colours,
b. Erect or affix any external shutters or window awnings, except where any such external awnings or shuttersare not vlsrore from public areas;
ContinuedSheet 9
DIGITALLY SIGNED BY LICENSED SURVEYOR: Sheet 8 of 9 SheetsTGM Group Melbourne
~765 Glenferrle Road (PO Box 2304)Hawthorn Vic 3122T 03 8862 9333 TGMF 0398194909ABN11125506461wwwlgrngroupcom OO<lloog I 00110,,"1 {lotl.I1O
JAS-ANZ_,lod Quolol)'IS09001• OH&SASlNZS4801• e"""""""""IISOI~OOI REF 322845·08 28/02/2014 VERSION 1
Continued from Sheet 8PS 724272 0
c. Erector affix any antenna,satellitedish, radiomast, air-conditioning,heating plant, solar panel orexternalmounted conduitson any part of a burdened lot, nor permit others to do so, exceptwhereany suchItemis not visible from publicareas;
d. Install any window film to aWindowof a burdenedlot visible from public areas;
e. Erector affix any sign or noticeon the burdenedlot except Inaccordancewith the followingspecificationor as requiredby law;
SignageSpecificationsi. Any real estate signor noticemust not exceed 700mmin width and 1000mmin height and
to the top of any sign or noticemust not be more than 2000mmabove the ground.ii. Not more than onesign can be erected
5. Installany window furnishingsto any windowof a burdenedlot except Inaccordancewith the followingspeciflcatlon'
Window FurnishingSpecificationa. Type
iiI.IIi.
iv.v,vi.vii.
b. Colour
i
Roller BlindVenetian BlindRomanBlindCurtainsHangmqBlindVertical BlindTimber Venetian
External face of all window furnlshmgsshall be black,charcoalor white except for the timber blindwhich shall be clear finishedcedar, black,charcoalor white.
6. Usea garagewithin a burdenedlot as a habitable room.
7. Placeor erect any clothes dryingor amnq facitityon the burdenedlot exceptwhereany such itemISnot visible from public areas.
8. Erecta shed, pergola or water tank within a burdenedlot that ISvisible from publicareas9. Keepa caravan, trailer. boat, plant machineryor a truck on a burdenedlot exceptwhere any such Itemis
not visible from public areas.10. Removeany treatedwindow in a buildingon a burdened101.
11. Allow the state of repair of any landscapedarea of a burdened lot visible from a publicspace to fall belowthe standardas at the date of completion.
12. Consolidateor seek to consolidateany burdened lotwith another lot or partof a lot
13. Sub-divideor seek to SUb-divideany burdened101.
14. Use any dwellingconstructedon any burdened lot for the purposeof a display, showor exhibitionhome.
15. Excavatethewhole or any partof the burdenedlot including,dniling bores,water wells and other digging,drilling,bonngor excavationsother than as requiredfor;
a. Footingsand foundations for the purposesof constructingapproveddwellings;
b. Constructionof a swnnmlnqpool of up to 1.70metres belownatural surface levels.
Covenants contained in clauses 1, and 3 to 15 (both inclusive) of Restriction B will expire on the 1st of January 2018_
Covenants contained in clause 2 of Restriction B will expire in relation to a burdened lot on the earlier of 2 years afterthe occupancy permit is issued for that burdened lot and the 1st of January 2020.
Nothingin this Resmcnonapplies to Mlrvacor The Trust Company.
For the purposesof this restriction:
Mirvac meansMirvacVictoria Ply Ltd ABN 42 006 708 363 or any of Its related bodiescorporatewithin the meamngof the CorporationsAct.
The Trust Company meansThe Trust CompanyLimitedABN 59 004 027 749 as custodianand agent for theMirvacWholesaleResidentialDevelopmentPartnershipTrust or any of its relatedbodiescorporatewithin the meamngof the CorporationsAct.
Mirvac Design Committee means the Mirvac DesignCommitteereferred to In the HarcrestDesignGuidelines,
Harcrest Design Guidelines means the DesignGUidelinesspecified by the MirvacDesignCommitteefrom time to timeas being applicableto the lots included in the Planof SUbdivision.
TGM GroupMelbourne765 Glanfeme Road (PO Box 2304)HawthomVlc3122T 03 8S62 9333F 0398194909ABN 11 12556B461VfflW !9'"9rt111p com
28/02/2014 VERSION 1
Sheet 9 of 9 SheetsDIGITALLYSIGNED BY LICENSEDSURVEYOR:
JASANZ_,lrtd 0ulli11yISOOOO!.OfUSASlNZS41K11.EnYJI'CM1.~IISOt41)01 REF 3228-45-09
Proposed Plan of Subdivision no. PS705504R
11044522/2
LV USE ONLYPLAN OF SUBDIVISION PS 705504 R
LOCATION OF LANDPARISH' SCORESBY
TOWNSHIP: ~- - -SECTION: - - - -CROWN ALLOTMENT: 43 (PART), 44 & 44C (PART)
CROWN PORTION: - - --TITLE REFERENCE - VOL FOL
LAST PLAN REFERENCE PS 705529 Y (LOT B7)
POSTALADDRESS: 525 STUD ROAD(At time of SUbdivision) SCORESBY, 3152
MGA94 Co-ordinates(of approx centre of land E 344919 ZONE- 55in plan) N 5805613 GDA94
VESTING OF ROADS ANDIOR RESERVES NOTATIONS
IDENTIFIER COUNCIL I BODY I PERSON DEPTH UMITATION OF 15 24 METRES APPLIES TO CROWN ALLOTMENT 44e ONLY
ROADSR1 KNOX CITY COUNCIL Survey: This plan is based on surveyRESERVE No,1 KNOX CITY COUNCIL This survey has been connected to permanent marks no(s)
In Proclaimed Survey Area No.
STAGING This IS not a staged subcivrsronNOTATIONS Planning Permit No. P/2011/6972
OTHER PURPOSE OF PLAN
, TO REMOVE EASEMENT E-2 CREATED ON PS 630776 V THE DEFINED ENDS OF EASEMENTS ARE PERPENDICULAR TO THE
PURSUANT TO PLANNING PERMIT P12011/6972 ADJOINING BOUNDARY UNLESS OTHERWISE SHOWN
2, TO REMOVE PART OF EASEMENT E-3 CREATED ON PS648225 L lOTS 1 TO 306, A TO L. N TO V AND 81 TO 87 (ALL !NCLUS!VE) HAVE BEENPURSUANT TO PLANNING PERMIT P/2011/6972 OMITTED FROM THIS PLAN.
HARCRESTRELEASE5B
15LOTS,SUPERLOTSM & W& BAlANCE LOT88
EASEMENT INFORMATIONLEGEND A - Appurtenant Easement E - Encumberrng Easement R-Encumberrng Easement (Road)
Easement Purpose Width Origin Land Benefited/In Favor OfReference (Metres)
E-1 WATER SUPPLY SEE PLAN PS 630776 V SOUTH EAST WATER LTO
E-3 SEWERAGE SEE PLAN PS 648225 L SOUTH EAST WATER LTD
E-3 OAA!NAGE SEE PLAN PS 648225 L KNOX CITY COUNCIL
E-4 WAY SEE PLAN PS 705529 Y RELEVANT ABUTTING lOT
E-5 SEWERAGE & WATER SUPPLY 385 PS 648226 J SOUTH EAST WATER CORPOAATION
E-6 POWERUNE 1045THIS PLAN-SEC 88
SPI ELECTRICITY PTY lTDELECT.INQ ACT2000
E-7 WATER SUPPLY 6 PS648225 L SOUTH EAST WATER CORPORATtON
E-8 DRAtNAGE SEE PLAN PS r05529Y KNOX CITY COUNCIL
E-8. E-9 SEWERAGE SEE PLAN PS 705529Y SOUTH EAST WATER CORPORATION
E-9 WATER SUPPLY SEE PLAN PS 705529 Y SOUTH EAST WATER CORPORATION
E·10. E-12 SEWERAGE SEE PLAN THIS PLAN SOUTH EAST WATER CORPOMTION
E-11, E-12 DRAINAGE 3 THIS PLAN KNOX CITY COUNCIL
ORIGINAL SHEET SIZE A3DIGITALLY SIGNED BY LICENSED SURVEYOR.
Sheet 1 of 6 SheetsTGM Group Melbourne
~
765 GlanferrlaROild(PO Sox 2~O41HilwthornVIC3122T 03 8862 9333F 0398194909ABN1112S~a4e1W'MYlgmg'ouptom "'''''''"~' lJ<1"",. a~,"j'~
REF 3228-11-01 10/0212014 VERSION 3.v.s""Z"""""l<Iod o..>l.",so~, OH~S"Sm~ 480\ c...""""",", ISO1<00,
~ ~'~86~'~"~ r- ~~3~O~4~'7~7~ --"~~ 269°5240' 269°28'40"i~Lc- 10-06:; _'!;L 89°40'40"
,~tARMIN STREET~
E-8
G)-nJJ'00<JJml>
E -,i3l 44
(f)<-jmJJJJmOml>-jZ-j
E-9
ENLARGEMENT 3(NOT TO SCALE)
PS 705504 R
SEE SHEET 3
oJJ<:m
ENLARGEMENT 2(NOT TO SCALE)
20,0290·43'
350
SEE SHEET 4
JJm-nhi~(5Z
88ENLARGEMENT 1 I
8823·48ha
(20'04)92°31'
(NOT TO SCALE)
TGM Group Melbourne765 Gl<:!nfcrncRood (PO ao~ 2304)Ha.wthorn V'C 3122T 0388629333F 0398194909ABN1t 125568461""""Igrngrcupcorn
DIGITALLY SIGNED BY LICENSED SURVEYOR.
Sheet 2 of 6 SheetsSCALE30 0 30 60 90 120 150
ORIGINALSCALE13000
SHEETSIZEA3LENGTHS ARE IN METRES
REF 3228~11~02 10/02/2014 VERSION 3
'&~~~~~~~ _!~z_~~'-----------------~~~~~=:~~~~-'"_'C>~1)"S' _ "';S' 101 6S (SEE SHEET 4)
~~1~,';_ ~ E-l__J"""r;;..
- I' --61'3025'
<;)~~ ;I'\; ~ e
Ai>4- 12'63<S' 14
":. 19m
PS 705504R
HARCREST BOULEVARD
-?&o....<..s.Q.>.'ys.() -:fj!':''')s;> Q.,1-'-:d's
RESERVENo.1
2'661hQ
<m~
~-I
<>e,-1r~0.>.~-:~.>~o.1',,&,,6-:(f •
".~.
8BQS5
"'19'20 ~<XI <XI coO>";;3 3 J:"! t.f!2'69
"I~~!
WI~~oov..J..00 w
8S055'921
s:;;i~:;0
~
E-11__1. __\ 27·43
lJ~~I~'.7.
Ht::~ M
1 1299m'6B·~5'
RESERVE No.1 E 5--tON PS 648226 J
61·11
'1"'.<wo·.2
R_:_~\~_ARTESIANE-6 '" AVENUE
I NI;;l"'u1I '"I
110 10m]113·34) 138518S055')
JO I,SBS·55' 66·32
Sheet 3 of 6 Sheets
311 312 313 314 315 316 317 \ R1507m' 448m2 448m2 448m2 448m2 448m' 448m'
N -~ 318w w~ -~:e; wet -" 'W;t -;;: 730m'
WOO N . N . ~~w. W •
N . ~~ _w -i!: ",w ~~-~ '" '" '"E-IO
--14+E-W
""-,S.09'\- -'4- (29 93)20·25(29'091 E-1O
310 357m2
E-10390m' 319
~~e~F"
"'~~-• N~.~'i'
N
l2121
"I"'" 00o •1 i!:
:t~(1
~~
.~'Q~~-»(,l.;~';",,Ss_
811·55'B6°55'(28·10)
(32'49J
422m' 320309 345m'~
~~
R1 8S'55'8S"55 ns- OS)~IW<>;:'7'"'~",N
W1353m'
127'11] WI"'7'0;:~~ 5"m'b 308 372m'~
88"55' (31 92) tP<t~4::.
~(:)
(26) [-10 --+- _::!- [-10
~ 307 375m2 :; ~ ~? ; 568m' 322 .N 0'":1'0 s:..>'S I 1S10l;1 0.($,17 '\.'\\'0 ~ ~ ""0:S· 22} 129'861 5'SC) oQ~.--"<:;'
.;~. Ill'62) J.. J.. • . .....'\.J'/. "/ 28.61 4 I. 266 SS 51·66 I
:;.9. (268'SS') e _ \
ARTESIAN ; I~~ ARTESIAN Rl AVENUE \.} IAVENUE i' [-3 • . 1:.:. 86"S5' {r '\.oQ 66 55 99'57' I ~ (1661ml. 3f=- (23 (7) CF. 6'~ 64°43 ....<b,..,0>, 3980 13'39 c 8S.10' b~~"'.i",'1.!'::: ~ 0..> -, ?~'S b-lt: 3/" \6 94 (SEE SHEET 2) 88 9.}. 2662
':l
TOMGroup Melbourne165Glclllerrie Road (POBox2304)HawlhornVic3122T 03 t862 9333F 0398194909ABtl111U'6S~(l1WNW LgmB,aup eom
10/02/2014 VERSION 3
SCALE . ORIGINAL
II SCALE I SHEETSIZE
1,:600 A3
DIGITALLY SIGNED BY LICENSED SURVEYOR:
~TGM 6 0 6 12 18 24 30
l...,____L____L____L___l___l____J
LE-NGTHS ARE IN METRE S(300'0"9'P.U".. , 9"Un'JA5-A!1ZAcu.~I!.~Q,,'~ly,so _, • OH&SASItIZS'S~1_ EI\"'''''''''I\~,so ,.001 REF 3228-11-03
RESERVE No.1ONPS648225L --~
PS 705504 R
o;:0
<m
"" "-;;, E-J.)--HARCREST R1 BOULEVARD
RESERVENo.1
2·661ha
s:;:0;:0o;:0
~ ~ 311 312 313 314 315 316 317;:o:AlrnO~~
318
320
ORIGINALSCALE SHEET
SIZE1800 A3
Sheet 4 of 6 Sheets
(SEE SHEET 3) 319
SCALE8 0 8 16 24 32 40TGM Group Melbourne
765 Glenfe/(J\l Road (PO ac» 2304)Haw\J'omVlc3t22T 03 68629333F 0396194909IIBN II 125568461WWWIQmqre-Jpeo",
LENGTHS ARE IN METRES
DIGITALLYSIGNEDBY LICENSEDSURVEYOR
REF 3228-11-04 10/02/2014 VERSION 3
PS 705504 R
CREATION OF RESTRICTIONRESTRICTION A
The Harcrest Development Restrictive Covenants
The following restriction IS to be created upon registration of the plan of subdivrsron (Plan of SUbdivIsion)by wayof a resmcnve covenant and as a reslncnon as defined In the Subdiveron Act 1988
TABLE OF BURDENED AND BENEFITED LAND
BURDENED BENEFITINGLOTIS) LOTIS)
307 308308 307 & 309309 308 & 310310 309,311 & 312311 310&312312 310,311 & 313313 312 & 314314 313&315315 314 & 316316 315 & 317317 316,318 & 319318 317 &319319 31?, 318& 320320 319& 321321 320 & 322322 321
Except with the written consent of Mirvac or its nominee the registered proprietor or proprietors for the time being of anyburdened lot must not and must not permit any other person under its control or direction 10-1. Develop a burdened 101other than 10accordance with Ihe provrsrons contamec in me Memorandum of Common Provrsloos
retained by the Reqrstra- of Tnles In number which are Incorporated Into uns Plan of Subdivision (' Provisions")
Covenants contained in Restriction A will expire on the 1st of January 2025.RESTRICTION 8
The followmg restncnon IS to be created upon reqetrauon of the plan of subd!vlslon (Plan of SubdiviSion)by way of a restrictive covenant and as a restncucn as defined In the Subdjvrsrcn Act 1988.
land to benefit: Lots 307 to 322 (both lnclustve]
land to burden: lots 307 to 322 (both Inclusive]
Except with the written consent of Mnvac or Its nominee the registered proprietor or propnetcrs for the lime being of anyburdened lot must not and must not permit any other person under I\S control or direction to:
1. Make or support an application to amend the Provisions which are Incorporated mto ttns Plan of Subdwrsrcn,
2. Construct or permit to be constructed any buildmgs or works on a burdened lot unless the plansfor such bUIldings Ofworks are endorsed by the Mlrvac uesqn Commltee as being consistent wltl1 theHarems! Design Guoetmes prior to the issue of a bUilding permit
3. Oemohsh or remove any bUlldmg. fence or structure on the burdened 101without obtaining the pnor wntten approval
for such dernouuon or removal and for the replacement bUIlding, fence or structure from the Mlrvac Oesign Committee
and the Responsible Authcnty and only utne bUilding, fence or structure IS replaced With a bUilding, fence or structure
which complies With the requirements of Mlrvac or its nommees.
4. Aller Ihe appearance of Ihe dwellmg on the burdened lot In any way, mcludtng but not limited to.a. Changing any materials or colours, except any maintenance that shall match the eXisting matenals
and colours,b Erect or affix any external shutters or window ewnmqs. except where any such external awnmqs or shutters
are not visible from public areas;
Continued Sheet 6
TGM Group Melbourne
~
DIGITALLY SIGNED BY LICENSED SURVEYOR Sheet 5 of 6 Sheets
765 Glenhmh! Road (PO 80x 230~)HawmomVic 3122T (136862 93J:l TGMF 0398194909AaN 11 125568~61wwwlgmgrcupcom G~o~la"'''''''L'S~''''~Ag.AlI<:f..<;ClC<fOd0."'1'150,;00, 01<5S"St~2S~IlO'• 1:"'''0'0''''1 ISO'~OQ' REF 3228~11-05 10/02/2014 VERSION 3
Continued from Sheet 5PS 705504 R
c Erect or affix any antenna, satellite dish, radio mast, air-conditioning, heating plant, solar panel orexternal mounted ccnonts on any part of a burdened lot, nor permit others to do so, except where any suchrtem IS not VISible from public areas,
d Install any Window film to a window of a burdened 101VISible Irom public areas;
e Erect or affiX any sign or notice on the burdened 101 except in accordance with the follOWingspecftcaucnor as required by law;
Signage scececencneI. Any real estate sign or notce must not exceed 700mm In width and 1OOOmm In height and
to the top of any sign or notice must nol be more than 2000mm above the groundII. Not more than one sign can be erected.
5. Install any wmdow furnishings to any window of a burdened 10\except in accordance With the followmg ececncanon
Wmdow Furnishmg scecncauc»a. Type
r.n.
III.
iv.v,
"Viib Colour
t.
Roller Blind
Venetian Blind
Roman Blind
Curtains
Hangmg BlmdVertical Blind
Timber Venetian
External face of all wmdow furnishings shall be black, charcoal or white except for the umber blind
which shall be clear finished cedar, black, charcoal or while
6. Use a garage Within a burdened lot as a habitable room
7. Place or erect any clothes drying or alnng facility on the burdened 10\except where any such Itemis not viSible from ouonc areas
8. Erect a shed, pergola or water lank Within a burdened lot tnat is visible from public areas.
9. Keep a caravan, trailer, boat, plant machinery or a truck on a burdened lot except where any such item ISnnt VISible from public areas.
10. Remove any treated Window In a bUilding an a burdened 101
11. Allow the state of repair of any landscaped area of a burdened 101VISible from a pubhc space to fall belowthe standard as at the date of ccmpteuco.
12. Consohdate or seek to Consolidate any burdened lot With another lot or part of a lot
13. Sub·divioe or seek to sub- divide any burdened lot
14. Use any dwelling constructed on any burdened lot for the purpose of a display. show or exhibition home.
15. Excavate the whole or any part of the burdened lot Including, dnlling bores, water wells and other digging,dnillng, bonng or excevanons other than as required for,
8. Footings and foundations ror the purposes of constructing approved dwellings,
b. Construction of a sWimming pool of up to 1 70 metres below natural surface levels
Covenants contained in clauses 1, and 3 to 15 (both inclusive} of Restriction B will expire on the 1st of January 2018.
Covenants contained in clause 2 of Restriction B will expire in relation to a burdened lot on the earlier of 2 years afterthe occupancy permit is issued for that burdened lot and the 1st of January 2020.
NothIng In this Restnclion applies to Mirvac or The Trust Company.
For Ihe purposes of thiS resurcuon.
Mirvac means Muvac vctona Pty LId ABN 42 006 708 363 or any of its related bodies corporate Within the meaningof Ihe Corporations Act.
The Trust Company means The Trust Company limited ABN 59 004 027 749 as custodian and agent for theMII'Vac Wholesale Restdennat Development Partnership Trust or any of its related bodies corporate wrlhm the meaningof the Corporations Act
Mirvac Design Committee means the Mirvac Design Committee referred to In Ihe Harcrest Desqn Guidelines.
Harcrest Design Guidelines means the DeSign GUidelines specmeo by the Mlrvac Design comrrnuee from time to timeas being applicable to the lots Included in the Plan of Subdivision.
10102/2014 VERSION 3
Sheet 6 of 6 SheetsDIGITALLY SIGNED BY LICENSED SURVEYOR:TGM Group Melbourne76SGlellle'"e Road (PO 80.. 2304)liawllT(Jm V,e:3122T 0388629333F 03961940;;09AB~11125568451'oWIW Il)rT1Q'''''p com
REF 3228-11-06
Proposed Plan of Subdivision no. PS705529Y
11044522/2
LV USE ONLY
PLAN OF SUBDIVISION PS 705529 YLOCATION OF LAND I
PARISH: SCORESBY
TOWNSHlP: ----SECTION: - - --CROWN ALLOTMENT: 43.44 & 44C (PARTS)
CROWN PORTION, - --ITITLE REFERENCE: VOL FOL-
ILAST PLAN REFERENCE: PS 64B226 J ILOT B6) I
POSTAL ADDRESS: 52.5STUD ROAD(At dmeof subdivision) SCORESBY. 3152
MGA94 Co-ordinates(of approx centre ofland E 344 919 ZONE: 55in plan) N 5805613 GDA94
VESTINGOFROADS AND/OR RESERVES NOTATIONS
IDENTIFIER COUNCIL I BODY I PERSON I OEPTH LIMITATION OF 1524 METRES APFUES TO CROWN AlLOTMENT 44C ONLY.
ROADSR1 KNOXClTY COUNCIL Survey: This plan is based on survey.ROADS R2 ROADSCORPORATION This surveyhas been connected to permanentmarks noes)RESERVE No.1 KNOX CITY COUNCIL
In Proclaimed Survey Area No,
STAGING This is not a staged subcrvlslcn,NOTATIONS Planning Permit No. P12011/6972
OTHER PURPOSE OF pLAN
TO RE:.MOVETHE EASEMENTSSHOWN AS &5 IN LOT 86 ON lHE DEFINED ENDS OF EASEMENTSARE PERPENDICULARTO THEADJOININGPS 648226 J,AND CONTAINEDW!THIN Rt ON THIS PLAN eOUNDARY UNLESS OTHERWISE:SHO'NN,PURSUANT TO PLANNING PeRMIT No,F'1201116972.
LOTS 1TO 259, A TO SAND 81 TO 86 (ALL INCLUSIVE) HAVE BEENOMITTEDFROMTHIS PlML
HARCRESTRELEASEBA
47 LOTS, SUPERlOTS T. U a, v& 9AlAI'ICELOT EI7
EASEMENT INFORMATIONLEGEND A - Appurtenant Easement E - Encumbering Easement R-Encumbering Easement (Road)
Easement Purpose Width Origin Land Benefited/In FavorOfReference (Metres)E-, WATERSUPPty SEEPl...AN P$ 6307'76V SOUTH EAST WATER LTD,
E·2 SEWERAGE&. WATER SUPPt.y , see PLAN PS 630776V SOUTH EASTWAfER LTO.,E·, DRAINAGE I SEEPLA.N PS630716V KNOX CITY COUNCIL
e·, SEWERAGE SEE PLAN PS 548225 L SOUTHEASTWATER em.
E·, DRAINAGE , SEE PLAN PSS4B225 L KNOX CITY COUNCil
E-4 WAY SEE PLAN PS 705515 L RELEVANTABUTTING LOT
a.s SEWERAGE&WATER SUPPLY 3.85 PS 648226 J SOUTH EASTWATER CORPORATION
E·, POWERLINE 10.45 iH1S PLAN-5ec.a8SPI ELECTRICITY PlY l TOELECi.INO.ACT2000
E-' WAY aso lHISPLAN RELEVANTABUTTING LOi
e"s,E·10 SEWERAGE I SEE PLAN THIS PLAN SOUTH EASTlJ'JATERLlO.
E·8, E-10 DRAINAGE 1 SEE PLAN THIS PLAN KNOX CITY COUNCil
II
ORIGINAL SHEET SIZE A3 DIGIT ALLY SIGNED BY LICENSED SURVEYOR: Sheet 1 of 7 SheetsTGM Group Mclboul'J'le
~
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ENLARGEMENT(NOT ro SCALE)
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TGM Group Melbourne.765 Gr,nr,rt.o Ro~"!PO Box 2J1:H.)H~WlhomVic:,)l22T 03881;29333F Ol901904!1C1QMlI-I t1 ,:~!;I:a~~l_.lo:Irngroup'OOtn
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LENGTtlSAAEIN ~lE'rFtES
DIGITALLY SIGNED BY LICENSED SURVEYOR:
REF 3226·19·2 0210912013 vERSION
s<:m
,)1"268'55e-l-tl ~128.611 2. ...:;
Sheet 2 of 7 Shee~ORIGINN..SCALE SHEETsize1:3000 A3
Isa"ss')ENLARGEMENT(NOrrOSCALE)
37·51.8S'5S'
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B7SEE SHEET 2
DIGITALLY SIGNED BY LICENSED SURVEYOR:
Sheet 3 of 7 sheetsSCALE ORIG'NALS, 10 1520 ,25 SCA.lE I SHEET
'" SIZEL'ENGTt-ISAAIOINIAETR£S 1:500 A3
02109/2013 VERSION 1
PS 705529 Y
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REF 3228~19-4
DIGITALLY SIGNED BY LlCENSEo SURVEYOR:
02/0912013 VERSION 1
131'551
GROVE WAY
265434m2 0:>
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LENGTIiSAAEIN METRES 1'500 A3
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LI!N<;THSAREINMElRES 1:500 A3
30
294385m'
28'366-56
Sheet 5 of 7 Sheets
'T 5"'z -£-10
02/09/2013 VERSION 1
SEESHEET2
DIGITALLY SIGNED By LICENSED SURVEYOR:
PS 705529 Y
CREATION OF RESTRICTIONREstRICTION A
The Hercrest Development Restrictive Covenants
nle. fol'owing rcstricllon is to be created upon regi'ltallon of thQ planar subdfvision (Pion ofSubd{vi:;ion)byYr.JY of a rnstrictive covenant and as a restriction as derU1ed in the Subdivisiol'l AcI1988.
TABLE OF BURDENED AND BEN~F1TED LAND
BURDENED BENEF\1JNG BURDENED BENEFITINGLOT(S) LOT{S} LOT(S) lOTIS)
260 261 & 252 264 285 & 303261 2603.263 2.5 264 , 286 a. 302262 260 &. 263 286 265.287.301&3022<3 261 &. 262 287 286, zse • 300 &. 30126. 265 2'8 287.289.299 & 300265 264 & 266 289 288. 290 , 298 &. 29926. 265 &. 267 290 289.291,297 & 298267 ". 291 290.292. 2.913& 297
26' 2.. 292 291,293.2955:295"9 258 &. 270 293 292 • 294 & 295270 269 &. 271 29. 2938.295271 270 , 272 &.283 295 292. 293 .294 &. 296272 271 , 2738.283 296 291 , 292 .295 &. 297273 V2,274&282 297 200 , 291 ,296 &. 29827. 273,275 & 261 '9' 2t\9 , 290 , 297 & 299275 274 , 216 , 2608. 2.81 299 288,289,298 a 300276 275, 277 , 219 &. 280 300 287, 288,299 & 301277 276 , 278 a 279 301 285, 2/H ,300&302
"8 277 &. 279 302 285,286,301 & 303
27' 276 , 277 , 278 8.260 303 2642.3022'0 275 , 276 , 279 8. 281 30. 3052., 274,275,280 &. 282 305 3042.3062'2 273,281 &. 283 306 305283 272 & 282
Excepl With tile wntlen consent 01MHvac or 1($ncnnree the re{llstered crconercr or popnetors tor the tm!) beIng of anyburdened lot must not and must not permit any ether person under its cereot or dk~clion 10--1. Develop <J burdenedtct other than in accordance with lila provisions conl;:lined in a,!1 Mcrrcrundum of Common Provislcns
retained by urc R(!;giSlraf ofTiUes tn number which are fneorpcrated into this Plan of SlJbdivision ("ProvlS;or15~).
Covenants contained in Restn1;:tion A will expire on the tst of January 2U25.
RESTRICTION 6
The [ollowing restriction is to be created upon reglstrotion of tnc plan of subdivislon (Plan ofSubdlvi::.ion)by way of 3 restrictive covenant and as a restocuon as d(l~ned In the SulxllvisionAct 1966,
Lend to benefit, Lots 260 10306 (both inclllslve)
Land to burden. Lots 260 to 306 (both incillsive)
Except With the written consent of MiNClCor its nominee the regESI!!red prcprielcr or proprietors Corthe time being of anyburdGnod lot must not and must not permlt any other cerscn under its control or dlrBction 10:
1. Mako or support an applic.allon to :1mend the Provisions which al'(! incorpof:'ltod into th:s Plan of Subdwi5iorr,
2. Construct or pennl[ \0 be constructed 'IIlY buildIngs orv.orks on.:t burdenad lot unless the planslor suen bUildings or works are endolScd by the!NiNac Design Committe!e '3Sbaing consistent with tho:Harcres\ Design Gu:dclines prior to the i~suo of <lbuilding PlJnnit.
3. DemoliSh or remove any bUilding, rlmce or slt1JcllJreon tha burdened lot Wllhaul obtaining the p;i:)r vmllon approvalfOr such demolition or removal and for the rep!<lccmenl build1ng, fence or s!ruclure from Iha Misvac Design Committee'3rtd tho Rcsponsib!o: Authonty and only If tho building, {enO} or structure!; is repr~ced with a bu~dir.g, felice or structurewhtch campheswith tho r~quircmentsafM!ivacorjt:; nOmil'lees.
•• Allar the appo:;!ranca of the dweDing on the burdened lot In :anyway, including but notlimitQd to:o. Chnl'lgmg any matenats or colours, eXcopt any milint!!nance thal ~hillj matCh t110QXisting materials
and colours;b. Erect or affi:.: any extemill shutters or Vlindowawnlngs, except where any such cx!cmilt awnings or shutters
<lre not visiblo from public areas;
COnUntt6d Shellt 7
DIGITALLY SIGNED BY LICENSED SURVEYOR: Sheet G of 1 SheetsTGM Group Me!bourne
~
7GSGl,nfom<ll'lo<ld {PO Box23Q04}Hlll'Mom v,.::JIZ2T 03 ~662 933JF 03S81'l49119A!lII1t.U~IH!!1-'~"""I'''''''' (;_""'g'Co:x'o,I(!..:.u
~NU""""~ """"IJI!>O_'.CII~::;~'='l:I'. (_",,:0 ,_, REf 3228~19·6 02109/2013 VERSION 1
CantinuedlhlmShoot6PS 705529 Y
e. Erne! or affi~ any antenna, s<ltQlJiledish, radio m3t.1. air-conditioning, he;'ltit'lg plant, solar panel orexternal rrcunreo <Xlnduits on any part of a burtrenedtct, nor permit curers to do so, e;o;:;eptwhere any suchstem i!; not viloiljBfrom public areas;
d. Inslllll ;:mywilldow film to a windowofa burrlenCldrorvlslcle from pl.lb~Careas;
c. Erector affix any sign or notice on the burdened lot oxcept in accordance with Ihe 101[0wingspeclecaucnor as rc:qulredby law;
Sgnago ssecrncencnsL Any real estate sign or notice must not exceed 700mm in wiolh and 1000mm in height and
10tho top of any SI!)n or ncflce must not be more than 200Cmm above the ground.Ii. Nol more than one liign can be erected.
S. Install any window furnishings10any wmdow of aburoenao 101exceptio accordance with the following specification:
WIndow rumishlng Specification::I. Typ~
,u.iiiN.v.vi.IIli.
b. Colour
L
RoUerSliodveneuen Blind
RomanSlindCVrtain$HangIng BlindVeruc:a18lindTimber Venetian
External face: of nil window furnishings shall be black, charco.3! or white except for Iha tlmcer blind
which shall be clear finished cedar, bIClCk;,charcoal or white.
6. Use a gar:age withina burdenod lot as a habltablc room.
7. Place or erect anyc(oltlc$ dryIng or llinng (acili{y on the burcened lot QlCceplwhere :my $llch ItemISnot viliible frcm publIC areas.
B. E:roct a stred, pergola or water lilnk;within;] burdened lot !hal Is viSible: from pub!!eareas.
9. Keep a caravan tl'ili1llr,bOill, plant machinery or a truck on a burdened lot except where MY such item isnol vlslbtc from pubue areas,
10. Remove any treated window in a building on a burdened tot.11. Aoow toe staie of repair of any landscaped areaot a buroened lot '/iJilble {rom a publ:c spaO! to fall below
the slandard o1Sat tho oat", of completion.
12. Consolidate or secl: 10conso'idate <lny burdened lot wllh anolher rotor part of a hi.
13. SUb-divlde orlic8k 10sub-divide any burdened lot
14. Ulie l:my dwelling constructed on any bLlrde.nodlot for Ihe purpose ofa display, show or oxhlolt!on home.
15. Excavate 1I1.ewhole or any partoflhe burdenod tDt Includmg. dnlling bores. water wells and otherdiggin.g,dnlllOg. boring or excavations o!herl!mn as requlr(!d for;
a. Foo:ings<lnd foundation:!:for the purposes of (;('lnlitruc~ngapprov(!d dweningli;
D. Construction of il swimming pool of up to 1.70 metres b(!{ow natural surfilca levels.
Covenants contained III clauses 1, and 3 to 15 (both inclusive) of Restriction 8 wlll expire an the 1st of January 2018.
Covenants contained in clause 2 of Restriction B will expire in relation to a burdened Jot on the earlier of 2 years afterthe occupancy permit IS Issued for that burdened lot and the 1st of January 2020.
Nothing In rhlli Re;slric{ion applios to Mirvac orThlJ TrvslCompany.
For thl! pUrposes of Ihls re.slticton:
Mirvac meilns Mirvac Victoria Ply LId A8H 42006708363 or any of Us fl]1'lled bodies co1pOr.de WIthin the meaningof the Corpom(ions Act.
Tho Trust Company means The iru${Company UmitcdABN 59004 027 749 as custodian and agent for theMirvac Wholesalo RCliidontial DovelopOlBnl P;'lrtnershlp Trust orany of n~ relilted bodies corporate within the meaningof thB CorporilliOnli Act.
Mirvac OO$ign Committee rncurts!ho Mirva.cDe$igo CommIttee referred lo in tho Harcrc:sl Design Guidelines.
Harcrest DesigA GuidQlincs means tho Deli/gn Guideline.s specified by the Mirvac Design Committee from Ume10limeali being: app!icable 10 thO' [ols lncfudod in thO'PI;]n of Subdivision.
TGM Group Melooume165 Gr~nfgmoRo;d (pO Unx2JO~1H~vrlhom"ICJ122T 03 8B!5ZS3J:;!F OJ !lIU!)490SlMIN 1l1:2S:;W~G1
02109/2013 VERSION 1
Sheet 7 of 7 SheetsDIGITALLY SIGNED BY LICENSEDSURVEYOR:
-!O">:l~P""" G_,o~·",,"b:L...~lZ""'06..t o.ool'/l::O~l • 0I"':~1Z!"~1b1• &rNmo-oo.....I~1J'~::tIl REF 3228·19·7
Proposed Plan of Subdivision no. PS648226J
11044522/2
STAGE No. LRSUSEONLY PLAN NUMBER
PLAN OF SUBDIVISION~
EDITION PS 648226 J
LOCATION OF LAND COUNCIL CERTIFICATION AND ENDORSEMENTPARISH: SCORESBY
COUNCIL NAME: KNOX CITY COUNCIL REF:TOWNSHIP' .... 1. Ihls plan is cenllled under Section 6 of the Subdivis:on Act 1986.
2. This plan IScertified under Sec!lon 11(7)of the Subdivision Acl19MSECTION: ..~. Data of orfglnlll certificaUoounder Secucn S. I I
3 Thisis a statementcf compliance; issuedunderSection21of theCROWN ALLOTMENTS: <13,44&Me (PARTS) Subdivi';:ionAct 1988.
PUBLIC OPEN SPACECROWN PORTION: --_ - , (i) A requirement for pubhcopen space uNier Section of l.he
Subcl"ivision Act 1968 has I has not been made.
TITLE. REFE RENCES: Vol. Fel. (il) The requil't!menl has I has 1'101been salis1i
(m) The requirement is 10be satisfied In S ...................LAST PLAN REFERENGElS: PS 6~e225L(lOT 85) (IV) The requirement has been salim for ,..................
POSTAL ADDRESS' 525 STUD ROAD,council Delegate
(At ume of subdiyi!;ion) WANTIRNASOVTH. 3152 CouncliScolDate I I
MGA Co-ordinates E 344980(of approx centre of land N 5805520 ZONE: 55 RlK.er1die nder Section 11(7) of the SubdivisionAel 1988.IflplaO) Coun elegate
nell Sealate I I
VESTING OF ROADS AND/OR RESERVESIDEtmFIER I COUNCil' BODY IPERSON NOTATIONS
ROADSR1 J KNOX CITY COUNCIL STAGING This; is nor a slaged subdiVlsi!lnRESERVE No.1 I SP! ELECTRICITY PTY LTD Planning permit No. PJ2011/6972
DEPTH LIMITATION OF 15 24 METRES APpLIES TO CROWN ALLOTMENT 44C ONLY.
THE DEFINED ENOS OF EASEMENTS ARE PERPENDICULAR TO THE ADJOININGBOUNDARY UNLESS oTHERWISE SHOWN
LOTS 1TO 208. ATOM, OANDB1 TO B5{ALLINClUSIVE)HAVEBEENOMmEDFROM THIS PlAN.
THIS IS A SPEAR PLAN.HARCREST
RELfEASE5A THIS PLAN IS BASED ON SURVEY51 LOTS,SUFERLOTSN&P
lHlS SURVEY HAS BEEN CONNECTED TO PERMANENT MARKS No.(s)8.BAlANCE LOTBS IN PROCLAiMED SURVEY AREA No.
EASEMENT INFORMATION LRS USEONLYLEGEND A ~Appurtenant Easement E - Encumbenng Easement R-Encumbering Easement (Road) STATEMENT OF COMPlIANCE!Easement Purpose Width Origin Land aenemecnn Favor or EXEMPTION STATEMENTReference (Metres)
E·' SEWERAGE SEE PLAN PS608169 N SOU1H EAST WATER LTD. RECEiVED 0E-2 WATER SUPPLY SeE PLAN PS 63D776V SOUTH EASTWATERLTD.
E·3 SEWEPAGE &.WATER SUPPLY SEE PLAN PS63077SV SOUTHEASTWATERLTD DATE; I IE·3 DRAINAGE SE.EPLAN PS630776V KNOX CITY COUNCil
E-4 SEWERAGE SEE PLAN PS 648225 L SOllTH EAST WATER LTD. LRS USEONLY
E-4 DRAINAGE SEE PLAN PS 648225L KNOX CITY COUNCIL PLAN REGISTERED
E·, SEWERAGE &.WATER SUPPLY SEE PLAN PS 705515 L SOUTH EAST WATER CORPORATION TIME:E·, DRAINAGE SEe PLAN PS 705515l I KNOX CITY COUNcJL DATE I IE·6 WAY seE PLAN PS 705515 L RELEVANT ABUTT{NG LOT
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I. vERSION I.LENGTHSARE IN METRES 1:500 A3
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STAGE No. LRS USE ONLY PLAN NUMSER
PLAN OF SUBDIVISION~
PS 648226J
CREATIONOF RESTRICTIONRESTRICTION A The Harcrest Development Restrictive Covenants
The followIng rnsltielion i:; to be created upon regislrnlion of Lie plan of subdiv!slon (Plan of SubdiVi:sion)by Way of a reslrictl-Je covenant and as a restriction as donned in the Suhdivisioll Ad 198B.
TABLE OF BURDeNED AND BENeFITED LANDBURDENED BENEFITING BURDENED BENEFITINGLOT(S) LOT(S) LOT(S) LOTts)
". 110 &218 2" '234 &236210 209,211,218&219 236 235 & 237211 210,212,219&220 237 236 & 238212 211,213,220&221 236 237 & 239213 212,214.221,222& 223 23. 23B & 240214 213,215,223 & 224 240 1239&241
'15 '" 216,224 &225 241 240 & 242216 215,217, 22S& 226 242 241 &243217 216,225 &227 243 242 & 244216 209,210 &219 24' 243 & 245
I 219 210,211,218&220 245 2<14 & 246220 211,212,219&221 246 245 & 247
! 221 212,213.220&2,22 247 246 & 248222 213,221 & 223 "'. 247 & 249223 213,214,222&224 24. 25022, 214,215,223&225 250 249225 215,216, 224~ 226 251 252&259226 216 I 217 ,225 a 227 252 251 .253 .256 &. 259227 211 &226 253 252,254 .257 & 25B226 2" 254 253,255,255 & 257
'" 228 &. 230 255 254 a 256230 .229 a 231 256 254 , 255 & 257
'" 230&232 257 253,254 ,256 & 258232 231 &233 256 252,253 ,257 &.259233 232&234 2$9 ZS1 ,252 &. 258234 2:33 & 235
Except wilh the-written consent or Mirvac or its nominee the fl2gislC'red proprietor or proprIetors for ll:e time being of anyburdenedrot mustnotandrnustnotpermitilnyolherpersonunderltscontrctcrcsececn10-1. Develop a burdened 10\other than In accordance with lhe ProviSions contalned in Ih~ Memcrcndum of Com'Tloo Provisions
retained by tnc Regislf'3rof 'TIUes In number Which are incorp:lraled lnlo Ihls Plan of Subcfrvtslon {'ProVISions"}Covenants ccntuined in Restriction A will expire on the 1st of January '!C!025.RESTRICTION B
The follolYing restriction Is to be created upon registralOn 01 the plan of subdivision (P!illl of SubdIvIsion)by w:JYof <I restricw~ ccvenanranc as a restriction as defined In the Subdivision Act 19B8.
Land te benefit: lois 209 to 259 (both InclUSive)
Land to burden: tots 209 to 259 (both inctusivG)
EKceptwith the written consent of MiNar:: or ils nominee the registered proprietor or proprietors for the tim!! baing of anyburdened lot must not and must not permit any other person under its control or directlcn to
1. Make or support an ilppllc;;Jl!on to amend the ProVisions which are inoorpomled tntc thiS PI;:mof Subdivi~ion;
a. Construct or permit to be constructed any bUI!dings or works on aburdened lot unless the plansfor such buijdings or wcrss are endorsed by the M[Nac Design Committee as being consistent wllh theHare/est Design Guidelines priorto lhe ~5ue 01a building permit.
3. Demolish or remove any bulldlnQ. fence or structure on the burdeneo \:it without oblainlng the priorwril;(en approval(or such demolition or rcrnoVilI and for the replacement bUildIng, fence or structure from Ihe M(rv~c Design Committeeand the Responsible Au~'10rity and onty If the building, fence or strutture is replaced with a bu~din!J, fence or structurewhich complies wilh tho requirements of Mlrvac or iI.s nominees.
4. Alti!f the appearance of the d\'/clEng on thl! burdened !olin any way, Including but nolllmitcd to:,. Changing :'Iny malerlals or COIOUIS,except any maintenan~ tl1al shall malch the exisliog matarialsand colours;
b. Erect or olftx any extemal shullelS or window awnings, cllccpl where ;my 5uch external awnings or shuttersare not VISlbtc from publ1c areas;
Con/inutJdSheetB SHEET 7TGM Group Melbourne
~
UCENSED SURVEYOR (PRINT)
~
765 G!~nrcmoRo:tQ(PO 1lal!23<)'1 ........' ... .........H~ornV'j::.3122't 0388[;29333 5[GNA1URE . .... '" " .......... DATE I IF 03 91119~90g
I
AIINr1US5!lHCl R 10 VERSION 10 Il E E_!'m:I""""_" 1't.....,'Il>UI>'IB>.......!~(l __ 0\<II/y1:),07:01.O~~AYla:;~liO\. ~1~01<Oo1 OWG: HMCA!i:sl\ST ....GE05'.sTAGEO~AI:lZ!q.10·1 2~/01m1:)P$.OI: ORIGINAL SHEET SIZE: A3
STAGE No. LRS USE ONLY PLAN NUMBER
PS 648226 JPLAN OF SUBDIVISIONConllilulld from ShufJI7
c. Etect aruflix 3f1'/ entenne. salel!(e dish, radiOmast, ;lir,coruiitlcolng,nceuns plant, selar panel orexternalmounted conduitson ;lny part of a burdened101,nor permit others todo so, except where any suchitem 1:S nat visiblf! from public areas;
d. Install any window film toa window o( a burdened lot vi-dille from public areas,
e. Erect or affIX any sign cr nclrce on !he.burdened lo! except in accordance with the for.oVJingspecmc:alionoras reqUiredby law;
Signage Specitiealionsl, Any rca! cslilte sign or ncucc must not exceed 70llmm Inwidth and100Dmm in heighl and
to the lop of anysIgn or noticemust 001bemore man2000mm above the ground.iL Not more Ihan one sign can be erected.
5. InslaU any window rumishings 10any winoow eta burdenedlot exceptInaccordance with tne following epecsrcatco:
Window Furnishingspecncauona. Type
;.niiiN.
v.vi.
vii.
b. cctoorI.
Rolter Blindveneuan 81irldRoman auneCurtainsHanging 81indventcet BlindTl(Ylbervenettan
Extemal raceof all window furnishings shall be black. charcoal Ofwhile except for the limber blindwhich !hatl bo clear linfshed cedar, black, charcoal or while.
6. Use a garagewlt}lln ':I burdened [o( as a h3bllo;rblP.room.
7. Place or erect anyclethes drying or :liring f~Clllty on the buroenlld 101except whera any such itemis nOI Vc:'lble from public areas.
a. (;rect a shed, pergola or water lank within a burdened totthat is viSl'ble from public areas.
$' Keep a caravan, !railer, boat, plant mactlinery ora. truck on a burdened lot except where any scch itemisnot visib!e from PUt1ICareas.
10. Remove any lroillodwindow In a bujldingon" burdened tot.11. Allowthe state of repair ofany landse:lped area at a bur<tened lot vfstblcfrom a pUblIc ~pace to fallbelow
Ina: standard a!l at Ihe d::a(eotcompleUon.
12. Consol\dale Ofseek to consQlicfute any burdened 101WIth~(lolher bt or part ofa lol
13. Sub·divide or seek tosub·divida any burdened 101.
14. Use illlydl'leiling constructed on any burdened lot for Ihe purpose or a>dlsplay, Qhow orexhibllion home.
15. Excavale the wnalaor any part of !he burdened lot in:::ludlog, dolling bores, watorVlel1S aNi other digging,dr~ling. boring or excavatIons other than as required for;
a Footings and foundations. for the purposes of conSlrucHng approved dwel~'n9s,
b. Conslruction of a sVllmming pOOlof up to 1.70metres belo .....nalul<llsus1ace levels.
Covenants contained in clauses 1, and 3 to 15 (both inclusive) of Restriction B will expire on the 1st ofJanucuy 2018.
Covenants contained in clause 2 of Restriction Bwill expire in relation to a burdened lot on the carfier of2 years afterthe occupancy permit is Issued for that burdened lot and the 1st of January 2020
Nothing in 11'11$ReslriclJon applies [0 Mirvacor The Trust Comp~ny.
Forthe purposes of this reslnctlon:
Mirvac means Mlrvac Vlclori~ Ply l.td ABN 42 (106 708 363 or any of U:; related bodies corporate \'l\lhln (he meaningoflheCorpora!ionsActThe Trust Company mea..s The Trust Company kimiled ABN 59 004 027749 as costodianandagent for lheMINac Wnolesale Residential Dl!Velopm~nt Pmtnership Trustor any of lIs r(!)aled bodies corporate wilhin thc meaningof Ihe Corporations Act
Mirvac Design Committee means tho iVIifVClcDesign Committee referred loin !he Han:re:;( Design Guidelines.
HarCfCsf Design Guidelines means the De$ign Guidelines spec:i6l1d bylhe Mirvac Design Committee from ~me to timeas being app!icable to \he (01Sincluded in (he Plan of SubdiVISion.
A3
SHeET BTGM GroupMelbourne7GSGlenf~ni~Read (POflllX2304)HN&!lm.vre3t~T 03588'29333;: 03<;11119-'1909ASII1t 12!i-!iGB4~1_Ja~?·t»m
LICENSEDSURVIEYOR(PRINT).......•..•
SIGNATURE DATE
10 VERSIONR 10ORIGINALSHEETSIZE
Plan of Subdivision no. PS630773C
11044522/2
Delivered by LANDATA®. Land Victoria timestamp 19/05/201416.08 Page 1 of 10© State of Victoria. This publication IScopyright No part may be reproduced by any process except In accordance with the provisions of the Copyright Act and forthe purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement The information is only valid at the time and in the form obtained fromthe LANDATA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the Information.
STAGE No. LRS USE ONLY PS630773C: PLAN OF SUBDIVISION
~2S/OSIl~1137SljO PS
EDITION 4 II~I~I~~IIIIIII~IIIII~I~I!ILOCATION OF LAND COUNCIL CERTIFICATION AND ENDORSEMENT
PARISH: SCORESBYCOUNCIL NAME: KNOX CITY COUNCIL REF: .;/oIOi'1;\ot,
TOWNSHIP: - 1. TI'lis :elaR IS serhflse tlReSr See tieR 6 sf Ihe SUbololsieil /,el 1966.2 This plan is certified under Sec han 11(7) of the Subdlvrstcn Act 1988
SECTION: - Date of anginal certification under Secnon 6, I / It / ::;'010
• +l:'IIS 15 a slals~s I 91 9Sffi:9l1aA98 1581:1getlAe8f BasilaR 21 81 theCROWNALLOTMENTS: 43, 44C {PARTS) StlB91.islaA Asl 1988.
OPEN SPACECROWNPORTION: - (II A requirement for public open space under Section 18 of the
Subdivision Act 1988 has/~ been made.TinE REFERENCES: V,I 11023 Fol 793 hi) The requirement has been satisfied.
v,' 11023 Fol 925(Iii) TRe FeEjl:llFemeAt is ~Sliee III Sla{;Je .
LAST PLAN REFERENCE/S, PS 608189 N (LOT 11 Council Delegate ~PS 608190 E (LOT 21 lOetlRel1 Seal
POSTAL ADDRESS: STUD ROAD, Dale 3/6" I.;lOIItAt time of eubdh,lekm) WANTIRNA SOUTH, 3152
MGA Co-ordlnatee E 344 788Re-cerhtred under Section 11{7) of the Subdivision Act 1988
(of spprox centre of land N 5 80S 840 ZONE: 55 cccocu Delegate ~fl_~In pian] CouJlcil Seal
Date ~ / 5/ 2011VESTING OF ROADS AND/OR RESERVES
IDENTIFIER COUNCIL/BODY /PERSONROAOS R1 KNOX CITY COUNCIL NOTATIONSROADS R2 ROADS CORPORAnON STAGING Ifus IS not a staged SUbdIV,I~\ I ....' .1 \ ()RESERVENo.1 KNOX CITY COUNCIL Planning permit No aOI ?:>RESERVENo 2 KNOX CITY COUNCILRESERVENo 3 SPI ELECTRICITYPTY LTD DEPTH LIMITATION OF 15·24 METRESAPPLIES TO CROWNALLOTMENT 44C ONLY
T P DENOTESTANGENTPOINT
THE OEFINEDENDS OF EASEMENTSARE PERPEN01[ULARTO THE ADJOININGBOUNDARYUNLESS OTHERWISESHOWN
THIS PLAN IS BASED ON SURVEyTHIS SURVEY HAS BEEN CONNECTEDTO PERMANENTMARKS No lsiIN PROCLAIMEDSURVEY AREA No
EASEMENT INFORMATlONLEGEND A· Appurtenant Easement E· Encumbering Easement R· Encumbering EasementiRoad)
Easement Purpose Width OnglO Land Benefited/In Favor OfReference (Metres]
r-i, E·7 SEWERAGE SEE PLAN PS 608189 N SOUTH EAST WATER LTD LRS USE ONLYE·2, E·8 SEWERAGE SEE PLAN THIS PLAN SOUTH EAST WATER LTD STATEMENT OF COMPLIANCEIE-2, E-8 DRAINAGE SEE PLAN THIS PLAN KNOX CITY COUNCIL EXEMPTION STATEMENT
DRAINAGE KNOX CITY COUNCIL
'-3 SEWERAGE SEE PLAN THIS PLAN SOUTH EAST WATER LTD [1JRECEIVEDWAY RELEVANT ADJOININGLOT
E-4, E-5 POWERLINE SEE PLANTHIS PLAN-SEC88 SPI ELECTRICITYPTY LTOELECT INO ACT 2000 DATE· 25/5/2011
WAY LAND IN THIS PLANGAS SUPPLY MULTI NET (ASSETSI PTY LTD LRS USE ONLY
'-5 WATER SUPPLY SEE PLAN THIS PLAN SOUTH EAST WATER LTDDRAINAGE
PLAN REGISTEREDKNOX CITY COUNCIL
SEWERAGE SOUTH EAST WATER LTD. TIME 5.17pmE-6, E-7 WATER SUPPLY SEE PLAN THIS PLAN SOUTH EAST WATER LTD DATE 30 1 5 12011&. E-8
E.6, E-7 GAS SUPPLY SEE PLAN THIS PLAN MULTI NET (ASSETS) PTY l TO.& E-8 A.R.T.
SEE SHEET 2 FOR CONTINUATIONASSistant Registrar 01 Titles
SHE~ 1 9 ~HEETS
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Delivered by LANDATA®. LandVictoria timestamp 19/05/201416'08 Page2 of 10
PLAN OF SUBDIVISION No: PS 630773CEASEMENT INFORMATION
Legend: A - Appurtenant Easement E - Encumbering Easement R - Encumbering Easement (Road)
Easement Purpose Width Origin Land Benefitted lin Favour OfReference (Metres)E·. Drainagewith accompanyingrights for D.• AJ638764K
erectionandmaintenanceof eavesguttering LOT 14anddownpipes.
E-10 Drainagewith accompanyingrights for D.• AJ638764Kerectionandmaintenanceof eavesguttering LOT 15
anddownpipes.
E-11 Drainagewith accompanyingrights for D.s AJ638764Kerectionandmaintenanceof eavesguttering LOT 16
anddownpipes.
E-12Drainagewith accompanyingrights for
erectionandmaintenanceof eavesguttering D.s AJ638727R LOT 1anddownpipes.
SHEET 2
Delivered by LANDATA® LandVictoriatimestamp19/05/201416:08 Page3 of 10
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Delivered by LANDATA®. Land Victoria timestamp 19/05/201416:08 Page 7 of 10
PLAN OF SUBDIVISIONSTAGE No.
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PLAN NUMBERPS 630773 C
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Delivered by LANDATA®. Land Victoria timestamp 19/05/201416:08 Page 8 of 10
STAGE No. PLAN NUMBERPLAN OF SUBDIVISION ------- PS 630773 (
CREATION OF RESTRICTIONThe Harcrest DevelopmentRestrictive Covenants
RESTRICTION AThe following restriction is to be created upon registration of the plan of subdivision (Plan 01 Subdivislonlby way of a restrictive covenant and as a restriction as defined in the Subdivision Act 1988.
TABLE QF j2UROENgDAND 6gNEFITEO LAND
BURDENED BENEFITINGLOTISI LOTISI1 22 1 & l3 2 & 44 3 & 55 4 & 66 5 & 7, 810 1111 10 &. 1212 11 & 1320 15 & 2121 15, 20 & 2222 16,21&2323 16 & 22
Except with the wntten consent of Mirvac or Its nominee the registered proprietor or proprietors for the lime being of anyburdened lot must not and must not permit any other person under Its control or direction to-t. Develop a burdened lot other than in accordance with the provisions contained in the Memorandum of Common Provisions
retained by the Registrar of Titles In number .. MJ.~I~..............which are Incorporated into this Plan of Subdivrslon I'Prcvtsrons").Covenants contained In Restriction A wtll expIre on the 1st of January 2025.
RESTRICTION BThe fOllowing restriction IS to be created upon registration of the plan of subdivision (Plan of Subcrvrstonlby way of a restrictive covenant and as a restriction as defined in the Subdivision Act 1988.
Land to benefit: lots 1 10 23 (both Inclusive)
Land to burden: lots 1 10 23 (both Inclusive)
Except with the written consent 01 Mirvac or Its nominee the registered crcpnetcr or proprietors for the time being of anyburdened lot must not and must not permit any other person under its control or direction to;
1. Make or support an application to amend the Provisions which are incorporated lntc Ihis Plan of Subdivision,
2. Construct or permit to be constructed, any buildings or works on a burdened lot unless Ihe plansfor such buildings or works are endorsed by the Mnvac Desran Committee as being consistent with theHarcreet DeSign GUidelines prior to the Issue of a bUildingpermit.
3. Demcnen or remove any bUilding, fence or structure on the burdened lot without obtaining the pncr written approvalfor such dernohtmn or removal and for the replacement building, fence or structure from the Mirvac Design Committeeand the Responsible Authority and only if the building, fence or structure is replaced with a building, fence or structurewhich complies With the requirements of Mirvac or ItS nominees.
4. Alter the appearance of the dwelling on the burdened lot in any way. Including but not limited to;a. Changing any metenets or colours, except any maintenance that shall match the existing materials
and colours;b. Erect or affix any external shutters or wmdow awnings, except where any such external awnings or shutters
are not VISible from public areas;c Erect or affix any antenna, satellite dish, radio mast, air-conditioning, healing plant, solar panel or
external mounted conduits on any part of a burdened lot, nor permit others to do so, except where any suchItem is not visible from public areas:
d. Install any window 111mto a window 01 a burdened 101 visible from public areas;
e. Erect or affix any sign or notice on the burdened 101 except in accordance with the following spectncanonor as required by law,
Signage Specifications,. Any real estate Sign or notice must not exceed 700mm in Width and 1000mm In height andto the top of any sign or notice must not be more than 2000mm above the ground.
u Not more than one sign can be ~s:~edf"!onf; Sheet 9
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HARCREST\ST AGE'OIA \)228-01A 7OWG 08/04/11 PS08 ORIGINALSHEETSIZE A3
Delivered by LANDATA®. Land Victoria timestamp 19/05/201416.08 Page9 of 10
STAGE No,
---------PLAN NUMBERPS 630773 (PLAN OF SUBDIVISION
Continlled from Sheet 85. Install any window furnishings to any window of a burdened lot except in accordance with the following specification:
Window Furnishing Specificationa. Type
I. Roller Blindtl. Venetian Blind
'" RomanBlindlv. CurtainSv, HangingBlindvI. Vertical Blindvll. Timber Venetian
b. Colour
i. External face of all window tumrstunqs shall be black. charcoal or white except for the timber blindwhich shall be clear finished cedar, black, charcoal or white
6. Use a garage within a burdened lot as a habitable room.
7, Place or erect any clothes drying or airing facility on the burdened lot except where any such Itemis not vterbre from public areas.
8. Erect a shed, pergola or water tank within a burdened 101 that is visible from public areas.9. Keep a caravan, tratter. boat, plant machinery or a truck on a burdened lot except where any such Item is
not viSible from public areas.10. Remove any treated window In a bUildingon a burdened lot11. Allow the state of repair of any landscaped area 01 a burdened lot vtsibre from a public space to fall below
the standard as at the date of completion.
12. Consolidate or seek to consolidate any burdened lot with another lot or part of a 101.
13. Sub-divide or seek to sub-orvrde any burdened ret.
14. Use any dwellmg constructed on any burdened lot for the purpose of a display, show or exhibition home.
15. Excavate the whole or any part of the burdened lot including, drilling bores, water wells and other digging,drilling, bOring or excavations other than as required for:
a. Footings and foundations for the purposes of constructing approved dwellings;
b. Construction of a swimmingpool of up to 1.70 metres below natural surface levels.
Covenants contained in clauses 1, and 3 to 15 Iboth inclusive) of Restriction B will expire on the 1st of January 2018.
Covenants contained In clause 2 of Restriction 8 will expire in relation to a burdened lot on the earlier of 2 years afterthe occupancy permit Is issued for that burdened lot and the 1st of January 2020.
Nothing in this Restriction applies to Mirvec or The Trust Company
For the purposes of ttue restriction.
Mlrvac means Mirvac Victoria Pty Ltd A8N 42 006 708 363 or any of lis related bodies corporate within the meanmgof the Corporations Act.
The Trust Company means The Trust Company Limited ABN 59 004 027 749 as custodian and agent for theMirvac Wholesale Residential Development Partnership Trust or any of its related bodies corporate within the meaningof the Corporations Act.
MlrvacDesign Committeemeans the Mirvac Design Committee referred to in the Hare-est Design Guidelines
Harcrest Design Guidelines means the DeSign Guidelines specified by the Mirvac Design Committee from time to timeas bemg applicable to the lots included In the Plan of gubotvrercn.
\
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SIGNATURE DATE 0!3 104- / 1/DATE 31 51 201\COUNCIL DELEGATE SIGNATURE3228-01 (REF VERSION 10ORIGINALSHEETSIZE A3
Statutory Certificates
11044522/2
PLANNING CERTIFICATE
CJ SAl GLOBALP,I;!(l,oEfi'Tl'
CERTIFICATENo: 20989983 DATE: 06/05/2014
Client: CorrsChambersWestgarthGPOBox 9925Melbourne3001
Matter Ref: 9074088Vendor: THE TRUSTCOMPANYLTD
Purchaser:
Subject Property: 525 STUD ROADWANTIRNASOUTHVIC 3152
Title Particulars: Vol 11480Fol 789
Municipality: KNOX
Planning Scheme: KNOXPLANNINGSCHEME
Responsible Authority for administering and enforcing the Scheme: KNOXCITYCOUNCIL
Zone: RESIDENTIAL1ZONE
Abuttal to a Road Zone or a Public Acquisition Overlay for a Proposed Road or Road Widening: ABUTSA ROADZONE - CATEGORY1 (STUDROAD)
Design and Development Overlay: NotApplicable
Development Contributions Plan Overlay: Not Applicable
Development Plan Overlay: DEVELOPMENTPLANOVERLAY- SCHEDULE8
Environmental Audit Overlay: PARTENVIRONMENTALAUDIT OVERLAY
Environmental Significance Overlay: Not Applicable
Heritage Overlay: Not Applicable
Public Acquisition Overlay: Not Applicable
Significant Landscape Overlay: NotApplicable
Special Building Overlay: NotApplicable
Vegetation Protection Overlay: NotApplicable
Other Overlays: NotApplicable
Proposed Planning Scheme Amendments: KNOXC131 PROPOSESTO AMENDCLAUSES21AND 22 TOINTRODUCENEWLOCALPOLICIES- DEVELOPMENTIN RESIDENTIALAREASAND NEIGHBOURHOODCHARACTER,RESIDENTIALLANDUSEAND DEVELOPMENTWITHINTHE COMMERCIAL1ZONEAND ROWVILLEACTIVITYCENTREPOLICIESAND PROPOSESTO REZONETHE SUBJECTPROPERTYTO GENERALRESIDENTIALZONE - SCHEDULE5
Additional Notes: NotApplicable
The information source for each entry on thIs certificate has been checked and if shown as Not Applicable does not apply to the subject property. Inaddition to Planning Scheme Zone and Overlay Provisions, Victorian Pfanning Schemes comprise the State Planning Policy Framework, the LocalPlanning Policy Framework, Particular Provisions and General Provisions. Strategies, policies and provisions detailed in these sections of the PlanningScheme may affect the use and development of land
Page 1 of 2SAl Global Property Division pty Ltd ACN 069 586 872SAl Global Property, Level3 355 Spencer Street,WESTMELBOURNEVIC 3003 OX:502 Melbourne Tel: 1300730 000 Fax: (03) 92781167
eSAIGLOBAL!=ROPEfi'Tt
CERTIFICATENo: 20989983 DATE: 06/05/2014
PLANNING CERTIFICATE
MAP ImageNot Available
For This Property
Page 20f2SAl Global Property Division Pty Ltd ACN 089 586 872SAl Global Property, Level3 355 SpencerStreet,WEST MELBOURNEVIC 3003 OX' 502 Melbourne Tel. 1300730 000 Fax: (03) 9278 1167
ROADS CERTIFICATE
~SAIGLOBALr:PDPEM'Tr
CERTIFICATENo: 20989983 DATE: 0610512014
Client: Corrs ChambersWestgarthGPO Box 9925Melbourne3001
Matter Ref: 9074088Vendor: THE TRUSTCOMPANYLTD
Purchaser:
Subject Property: 525 STUDROADWANTIRNASOUTHVIC 3152
Title Particulars: Vol 11480Fol 789
Municipality: KNOX
Advice of approved VicRoads proposals: VICROADSHAS NOAPPROVEDPROPOSALREQUIRINGANY PARTOFTHE PROPERTYDESCRIBEDINYOURAPPLICATION.YOUAREADVISEDTO CHECKYOUR LOCALCOUNCILPLANNINGSCHEMEREGARDINGLANDUSEZONINGOF THE PROPERTYAND SURROUNDINGAREA.
Refer to the Planning Certificate for details of land reserved In the Planning Scheme for Road Proposals. VicRoads have advised that investigativestudies exist which may form part of information provided on vscnoeae certificates.
SAl Global Property Division Pty Ltd ACN 089 586 872SAl Global Property, Level 3 355 Spencer Street,WESTMELBOURNEVIC 3003 DX: 502 Melbourne Tel. 1300730 000 Fax: (03) 9278 1167
Page 1of 1
LAND INFORMATION CERTIFICATESECTION 229 LOCAL GOVERNMENT ACT 1989
LAND INFORMATION CERTIFICATE REGULATIONS 1992
SAl Global Property Division Pty LtdDX502MELBOURNE
APPLICANT REFERENCE: 20989983:37734198CORRS CHAMBERSWESTGARTHDATE: 07-May-2014
CERTIFICATE NO. 53363
This certificate PROVIDES inforrnation regarding valuations, rates, charges, other moneys owing and any orders and notices madeunder the Local Government Act 1958, Local Government Act 1989 or under a local law or by law of the Council
This certificate IS NOT REQUIRED to include information regarding planning, building, health, land fill, land sup. other flooding orservice easements. Information regarding these matters may be available from Councilor the relevant AuthorityA fee may be charged for such information.ASSESSMENT NO: 1759597
PROPERTYLOCATION: (SI9B5)525Siud RoadWANTIRNASOUTH VIC 3152
VALUATIONS
TITLEDETAILS: Lol B5 PS 648225
SITE VALUE:
CAPITAL IMPROVEDVALUE:
NET ANNUAL VALUE:
RELEVANT DATE:OPERATIVE DATE:
$42.100.000
$42,100,000
$2,105,000
01/01/1201/07/12
C~NFIRMATIONOF RATES & CHARGES SHOWN ON THIS CERTIFICATE WILL BE GIVEN FOR ~ AFTER ISSUE DATE.<ERIlFICA1E~llElFDA1EDIl'IMDIA1B.YPRlORTOSEIllJ3IIENT.INCDRI£CTSEIllJ3IIENTQ£QIE5MAYIlEIETlR'I3).PROPERTYRATES & CHARGESFOR THEFINANCIAL YEARENDING30/6/2014
RATES & CHARGES LEVIED BALANCE$ $
ARREARS (RATES, SANITARY, INTEREST,FHZ,BBY)BIF 30/6/2013 $ 0.00DUE AND PAYABLE IMMEDIATELY
INTEREST 0.00LEGALCOSTS 0.00GENERALRATES 57,357.95
STATEGOVT FIRE SERVICES PROPERTYLEVY 1,394.40
SUB TOTAL RATES AND CHARGESDUE $58,752.35 $58.752.35PENSIONREBATE 0.00
RECEIPTS $-48,554.85 ITOTAL RATES AND CHARGES DUE $10,197.50 I
SPECIAL RATES ISPECIAL CHARGES
t 03 9298 8000 f 03 9800 3096 nrs 133 677 uote '9298 8000' dx 18210 KNOX ebn 244774806 1
LAND INFORMATION CERTIFICATE
SECTION 229 LOCAL GOVERNMENT ACT 1989LAND INFORMATION CERTIFICATE REGULATIONS 1992
CERTIFICATENO: 53363
The Local Government Act 1989, Section 175, requires all arrears amounts to be paid in full immediately upon settlement.
PROPERTYLOCA nON Lot 85 PS 648225
NOTICES AND ORDERS
There are no conditions associatedWith this property.
FLOOD LEVEL
THIS COUNCIL DOES NOT SPECIFY FLOOD LEVELSInformation in regard to any deslqnated Flood Level may be obtained from Land Development Team Melbourne Water.
POTENTIAL LIABILITIES
Notices andOrders issuedas described above:NOTE: Directions to clear FIREHAZARDS will be issued to all owners of vacant land during the high fire danger period.Although there may be no charge shown on this Certificate it is possible that a charge will exist by the settlement date.
ADDITIONAL INFORMATION
I acknowledge having received the sum of 20.00 being the fee for this certificate.
Delegated Officer: &0,",: : .---------- .~---~----
Land Tax Clearance CertificateLand Tax Act 2005 •'i'''iligMM,iiiii'
IVICTORIAABN76775 195331
SRO -ISO 9001 Quality Ccrblied
CORRS CHAMBERS WESTGARTH VIA SAl GLOBALPROPERTY224 NORMAN BY ROADSOUTH BANK VIC 3006
Your Reference: 20989983:37734199
Certificate No: 84784018
Issue Date: 05MAY 2014
Enquiries: ESYSPROD
Land Address: 525 STUD ROAD WANTIRNA SOUTH VIC 3152
Landld40410297
LotB5
Plan648225
Volume11480
Folio789
Taxable Value$70,211,351
Tax Payable$1,521,634.76
Vendor:
Purchaser:
THE TRUST COMPANY LTO
FOR INFORMATION PURPOSES
Current Land Tax DetailsMIRVAC WHOLESALE RESIDENTIAL DEVELOPfv
Year2014
Proportional Tax$1,521,634.76
Penaltyllnterest Total$0.00 $1,521,634.76
Arrears of Tax Year Proportional Tax Penaltyllnterest Total
Comments: LandTaxwill be payable but is notyet due - pleasesee note5 on reverse.
This certificate is subject to the notes that appear on thereverse. The applicant should read these notes carefully.To request an update for this certificate go to:www.sro.vic.gov.au/certificates
ITAXABLEVALUE: $70,211,351
I AMOUNT PAYABLE: $1,521,634.76Paul BroderickCommissioner of State Revenue
Land Tax Clearance Certificate - Remittance Advice
Certificate No:
Land 10:
84784018
40410297
State Revenue OfficeGPO Box 4376MELBOURNE VIC 3001
Amount Payable: $1,521,634.76
Please return this section with your payment. For further information refer overleaf.Do not mark below this line.
<0152163476<0152163476>084784018000<084784018000>424<424>
Notes to certificates under Section 105of the Land Tax Act 2005
~
M.~"·L":~,:::.,,,SRO _ISO 9001 Quo/,ty C"rlmedCertificate No: 84784018
1. Under Section 96 of the Land Tax Act 2005 (the Act), landtax is a first charge on the land to which it relates and shouldthe vendor default, payment will be obtained from thepurchaser. The purchaser should take into account thepossibility that the vendor may default where land tax hasbeen assessed but not paid.
2. If land tax is due but not paid on a property, the Land TaxClearance Certificate will certify the amount of land tax due andpayable on thatland. This amount will be binding on theCommissioner of State Revenue (the Commissioner) forpurposes of section 96 of the Act whether or not it is paid to theState Revenue Office (SRO) on, or shortly after, settlement.
3. The amount of land tax on this certificate relates to theamount of land tax due and payable as at the date of theapplication only and not to any future liability or the tax statusolthe land.
. 4. A 'Nil' Land Tax Clearance certificate does not mean thatthe land on the certificate is exempt from land tax.
5. If land tax will be payable on a property but payment is notdue at the time the application is processed, the certificatewill certify the amount that should be retained by thepurchaser at settlement and remitted to the SRO. TheCommissioner will consider himself bound by this amountagainst the purchaser, only if the amount is remitted to theSRO within 28 days after settlement.
6. If the amount in 3. (above) is understated, the Commissionerhas the right to seek recovery of the correct amount, or thebalance, as the case may be, froma. the vendor, orb. the purchaser, if the vendor defaults and the certifiedamount has not been remitted to the SRO within 28 days aftersettlement.
7. If an amount is certified in respect of a proposed salewhich is not completed, the Commissioner will not bebound by the same amount in respect of a later sale ofthe subject land - another certificate must be applied forin respect of that transaction.
8. If an amount certified is excessively high (for example,because a principal residence concession has not beendeducted in calculating the amount) the Commissioner
Payment optionsMake cheque payable to State Revenue Office, Victoriamarked 'Not Negotiable' and return with the remittanceadvice to:
Payment by mail:• State Revenue Office
GPO Box 4376MELBOURNE VIC 3001
will issue an amended certificate, without an additional feebeing charged on receipt of sufficient evidence to thateffect from the vendor.
9. If no land tax is stated as being payable in respect of theproperty, the Commissioner will consider himself boundby that certification, in respect of the purchaser, if the landis subsequently found to be taxable and the vendordefaults.
10. If the vendor refuses to be bound by an amount stated bythe Commissioner and does not agree to the amountbeing withheld and remitted at settlement, the purchasercannot rely on such refusal as a defence to an action bythe Commissioner to recover the outstanding amount fromthe purchaser under Sections 96 or 98 of the Act.
11. The information on a certificate cannot preclude theCommissioner from taking action against a vendor torecover outstanding land tax.
For Information OnlySINGLE OWNERSHIP CALCULATION BASED ON ATAXABLE VALUE OF $70,211 ,351
Land Tax = $1,537,230.40
Calculated as $24,975 plus ($70,211,351 - $3,000,000)multiplied by 2.250 cents.
Further information
Internet
www.sro.vic.gov.au
[email protected](Attn: Land Tax)
132161 (local call cost)
0396286853
Phone
Fax
Mail State Revenue OfficeGPO Box 4376MELBOURNE VIC 3001
In person State Revenue OfficeLevel 2, 121 Exhibition StreetMelbourne Victoria
For SRO counter service hours, please visitwww.sro.vic.gov.au/counter
Payment in person:• Present this notice to the
State Revenue OfficeLevel 2, 121 Exhibition StreetMelbourne Victoria
• Payment by cash or cheques only
• For SRO counter service hours, please visitwww.sro.vic.gov.au/counter
LandTaxClearanceCertificatesare available via the SROwebsitewww.sro.vic.gov.au/certificates
South East ..; ,\Water .::..••.:....•
INFORMATION STATEMENTSTATEMENTUNDERSECTION158,WATERACT1989
[email protected]:[email protected]
Statement for property:LOT85 REFLECTIONDRIVEWANTIRNA3152
56R1/18163/00001rlhiii:ji¥!i~
05 MAY 2014
1. Statement of Fees Imposed
'., ,~, ' .~":.
Parks Victoria - Parks Service Charge 01/07/2013 to 3010612014
Melboume Water Corporation - Drainage Service Charge 0110412014to 3010612014
$68.47
$22.28
Subtotal Service Charges
Payments
$90.75
TOTAL UNPAID BALANCE
$68.50
$22.25
• FOR FINANCIAL UPDATES CALL 131851.
, Please Note: if usagecharges appear above, the amount shown includes one or more of the following:
Water Usage, Recycled Water Usage, Sewage Disposal, Fire Service Usage and Trade Waste VolumetricFees.
Interest may accrue on the South East Water charges listed in this statement if they are not paid by the duedate as set out in the bill.
• The total annual service fees and volumetric fees for water usage and sewerage disposal for each class ofproperty are set out at www.soulheaslwaler.com.au.
• If the property is sold, the vendor is liable to pay all fees incurred in relation to the property until the vendorgives South East Water a Notice of Disposition of Land required by the Water (Disposition of Land)Regulations2010. Please include the ReferenceNumberset out above in that Notice.
• Fees relating to the property may change from year-to-year in accordance with the Essential ServiceCommission's Price Determinationfor South EastWater.
AUTHORISED OFFICER
South East WaterInformation Statement Applications
LockedBag1,Moorabbin,VIC3189https.llapps.sQutheastwater.com.au/lceHAMISH REID
GENERAL MANAGERCUSTOMER AND BUSINESS FUTURES
South East ..;,\Water ..:..••;.....
INFORMATION STATEMENTSTATEMENTUNDERSECTIONt58,WATERACTt989
• Every fee referred to above is a charge against the property and will be recoveredfrom a purchaser of theproperty if it is not paid by the vendor.
• Information about when and how outstanding fees may be paid, collected and recovered is set out in theEssential Services Commission's Customer Service Code, Urban Water Businesses.
• If this Statement only sets out rates and fees levied by Parks Victoria and MelbourneWater, the propertymay not be connected to South East Water's works. To find out whether the property is, or could beconnected upon payment of the relevant charges, or whether it is separatelymetered, telephone 131 694.
• For a new connection to our water or sewer services, fees / charges will be levied.
2. Encumbrance Summary
Where available, the location of sewers is shown on the attached plan. Pleaseensurewhere manholesappear,that they remain accessible at all times "DO NOTCOVER".Where driveways/pavingis proposed to beconstructedover easements for water supply/seweragepurposes, or within 1 metre of a South EastWaterasset, the ownerwill be responsible for all costs associatedwith any demolition and or re-instatementworks,necessary to allow maintenanceand or repair of the asset effected. Where changesto the surface levelsrequiresmaintenance shafts/holes to be altered, all works must be carried out by South EastWater approvedcontractors only. For information call 131694. For all otherworks, prior consent is required from south EastWater for any construction over easements for water supply/sewerage purposes, or within 1 metre of a SouthEastWater asset.
Information available at MelbourneWater Indicates that this property is not subject to flooding from MelbourneWater's drainage system, based on a flood level that has a probability of occurrenceof 1% In anyone year.
ENCUMBRANCEENQUIRY PHONE 9552 3456If no plan is attached to this Statement, South EastWater is not aware of any works belonging to South EastWater being present on the property.
If a plan is attached to this Statement, it indicates the nature of works belonging to South East Water, theirapproximate location, and the approximate location of any easement relating to thoseworks.
Important Warnings
The map base for any attached plan is not created by South EastWater which cannot and does not guaranteethe accuracy, adequacy or completeness of any information in the plan, especially the exact location of any ofSouth East Water's works, which may have changes since the attached plan was prepared. Their locationshould therefore be proven by hand before anyworks are commencedon the land.
UnlessSouth EastWater's prior written approval is obtained, it is an offence to cause any structure to be built orany filling to be placed on a South East Water easement or within 1 metre laterally of any of its works or topermit any structure to be built above or below any such area.
Any work that requires any South EastWater manhole or maintenance shaft to be altered may only be done bya contractor approvedby South EastWater at the property owner's cost.
If the owner builds or places filling in contravention of that requirement, the owner will be required to pay thecost of any demolition or re-instatement of work that South East Water considers necessary, in order tomaintain, repair or replace Its asset.
This Statement does not include any information about current or outstanding consent issued for plumbingworks on at the property.
AUTHORISED OFFICER
South East WaterInformation Statement Applications
LockedBagr, Moorabbin,VIC3189https:llapps.sQutheastwater.com.aul!ceHAMISH REID
GENERAL MANAGERCUSTOMER AND BUSINESS FUTURES
South East .',,\Water ..:..••,:.....
INFORMATION STATEMENTSTATEMENT UNDER SECTION 158, WATER ACT 1989
3. Disclaimer
This Statement does not contain ali the information about the property that a prospectivepurchaser may wish toknow. Accordingly, appropriateenquiries should be made of other sources and information.
South East Water has prepared the information In this Statement with due care and diligence. It cannot anddoes not accept liability for any loss or damage arising from reliance on the infomnationgiven, beyond the extentset out in section 155 of the Water Act 1989 and sections 18 and 29 of the Australian Consumer Law.
AUTHORISED OFFICER
South East WaterInformation Statement Applications
Locked Bag 1, Moorabbin, VIC 3189https:/lapps.sQutheastwater.com.au/iceHAMISH REID
GENERAL MANAGERCUSTOMER AND BUSINESS FUTURES
ASSET INFORMATION - SEWERSouth East .fiY·~......•Water:·····.'......
Property: Lot 85 LOT 85 REFLECTIONDRIVEWANTIRNA 3152o 20
I40
CaseNumber: 22297679 Scale in Metres
I'....'::
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m ,.,.,rm0--l0Z
~x , II
, X
" X
II
~X II• II
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Date: 05 MAY2014
">"i[~
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WARNING:This plan ISissued solely for the purpose of assisting you in identifying South East Walel 's specified assets through further investigation only. It ISnot to beused for any other purpose, including to identify any other assets, property bcundanes or dimensions. Accordingly. the location of all assets should be proven by hand onsite prior to the commencement of any work (Refer to attached letter for further details).
LEGENDTitle/Road Boundary D Subject Property • Maintenance Hole
_._._._._. Proposed Tltle/Road Sewer Main • Inspection Shaft
-----_ ... Easement ( 225 VC Direction of Flow < 1 0 > Offset from Boundary21:16 MaR
BUILDINGSERVICESTelephone: 9298 8125 Fax: 9801 0389BUILDINGACT 1993Building Regulations 2006 (Regulation 326)
Building Search Certificate
SAl GLOBALDX 502MELBOURNE 19-May-2014
Property Address: Lot B5 No 525 Stud Road Wantirna South (Current)Lot 3 No 525 Stud Road Wantirna South (Parent)
Your Ref: 20989983:37734201
Please be advised that only particulars of Building Approvals issued since 1 January, 2004 areavailable. Details of any building permits issued in the preceding ten (10) years:
Council File Approval Description of Building Works: Occupancy Permitl ApprovalReference No: Date of Issue: Final Certificate Date of Issue:
Date of issue:No discoveries have been made.
Is the nronertv in a flood prone area? Rea 802 NOIs the property in a termite area? Re!Ol803 YESIs the land likelv to be subiect to sianificant snowfalls? Reg 805 NOIs the land designated as uncontrolled overland drainaqe? Ren 806 NOIs the land designated as a Bushflre Prone Area as determined by NOthe State Government's Planning Minister? Reg 810Council has not specified minimum Bushflre Attack Levels in the Knox Planning Schemefor any area within the Knox Municipal District.Further information about the building control system and building in bushfire prone areascan be found on the Building Commission website www.buildingcommission.com.au or bytelephone 1300 815 127.We note: The land channel's (www.land.vic.gov.au) bushfire reports lists the following:(525 Stud Road, Wantirna Sth) listed "is in a designated bushfire prone area" and (insertproperty lot address, Wantirna 5th) listed "is not in a designated bushfire prone area".Further clarification to this should be sought on the Department of Planning &Community's website httg;:lIwww.dg;cd.vic.gov.au/~lanning/~lansand~olicies/bushfire~planning-and-building/bushfireproneareas {under the heading "Busbflre Prone AreasInteractive Map", search by clicking on the "Go to the interactive Bushfire Prone AreasMap service" for this address or by telephone 1300366 356.
I Is there any outstanding Building Orders or Notices issued against the property? I NOWe trust the above information will be of assistance.
Yours sincerely,
VIN O'BRIENMUNICIPAL BUILDING SURVEYOR BS-1407
0392988000 0398003096 133 677 (quote'0392988000') 18210KNOX 24477 480 661
EPA Priority SitesRegister Extract Cf'
EPAVICTORIA
Client: Carrs Chambers WestgarthGPO Box 9925Melbourne 3001
Client Ref: 9074088Certificate No: 20989983:37734204
Property Inquiry Details:
Street Address 525 Stud RoadSuburb: WANTIRNA SOUTHMap Reference' Melways Edition 39, Map No:72, Grid Letter J, Grid Number: 3
Date of Search: 05/05/2014
Priority Sites Register Report:
A search of the Priority Sites Registerfor the above map reference, has indicatedthat this site is not listed on, and is not in the vicinity of a sitelisted on the Priority Sites Register at the date last notified by the EPA
Important Information about the Priority Sites Register:
You should be aware that the Priority Sites Register lists only those sites for which EPA has requirements for active management of land andgroundwater contamination. Appropriate clean up and management of these sites is an EPA priority, and as such, EPA has issued either a: Clean UpNotice pursuant to secuon 62A, or a Pollution Abatement Notice (related to land and groundwater) pursuant to section 31A or 31B of the EnvironmentProtection Act 1970 on the occupier of the site to require active management of these sites
The Priority Sites Register does not list all sites that are known to be contaminated in VIctoria. A site should not be presumed to be free of contaminationjust because it does not appear on the Priority Sites Register.
Persons intending to enter Into property transactions should be aware that many properties may have been contaminated by past land uses and EPAmay not be aware of the presence of contamination. Municipal planning authorities hold informatrcn about previous land uses, and it ISadvisable thatsuch sources of information also be consulted.
For sites listed on the Pnonty Sites Register, a copy of the relevant Notice, detailing the reasons for Issue of the Notice, and management requirements,is available on request from EPA for $8 per Notice
For more Information relating to the Pnority Sites Register, refer to EPA Information bulletin: Priority Sites Register (EPA Publication 735, December2000). For a copy of this publication, copies of relevant Notices, of for more information relating to sites listed on the Priority Sites Register, please contactEPA as given below.EPA Information Centre200 Victoria Street, Carlton 3053Tel' (03) 9695 2722 Fax: (03) 9695 2610
The information contained In this Extract of the Priority Sites Register may not be used for resale or for the preparation of mailing lists or for directmarketing. Any contravention of this notice will result in immediate revocation of access (including future access) to information contained on the PrioritySites Register.
© Environment Protection Authority. This publication is copyright and the information contained within it is confidential to the Environment ProtectionAuthority. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act or pursuant to a written agreement Orotherwise for the purposes of processing the property transaction for which the Information was acquired
The Environment Prctectron Authority does not warrant the accuracy or completeness of information in this Extract and any person using or relying uponsuch information does so on the basis that the Environment Protection Authonty shall bear no responsibility or liability whatsoever for any errors, faults,defects or omissions in the information.
The information contained in this document has been sourced from the Environment Protection Authonty who provides the Priority Sites Registerinformation based only on the map reference entered when ordering this extract. Please ensure that you have used the correct edition of the directory andhave entered the map reference correctly. SAl Global Property Division Pty Ltd does not warrant the accuracy or completeness of information provided bythe EPA and therefore expressly disclaim liability arising from the use of this lnforrnatrcn.
SAl Global Property Division Pty Ltd ACN 089 586 872 ABN 15115 133152224~226 NormanbyRoad,Southbank3006 PO BOX447, SouthMelbourne3205 DX: 332 Melbourne Tel: 92781166 Fax: 9278 1167
Page 1of 1
H fJ<: I fACE.\/'Cf')[)'I\v l \~ "j/\
HERITAGEVICTORIAIII RIfi\C[\llCT()P,j;\
CERTIFICATEPursuant to Section 50 of the Heritage Act 1995
SAl Global Property Helpdesklevel 3 , 355 Spencer STREETWEST MELBOURNE 3003
CERTIFICATE NO:16681261
PROPERTY ADDRESS:525 STUD ROADWANTIRNA SOUTH
PARCEL DESCRIPTION:
1. There is no current application for inclusion of the place or object in the Heritage Register.
2. The place or object is not being considered for inclusion in the Heritage Register.
3. The place or object is not included in the Heritage Register.
4. The place or object is not included in the Heritage Inventory as an archaeological site or relic.
5. There is not an Interim Protection Order in force in respect of the place or object.
6. There is not a Repair Order for the carrying out of works in force in respect of the place.
7. There is not an Order of the Supreme Court in force to remedy or restrain a breach of theHeritage Act 1995 in respect of a place or object.
8. The place is not in a World Heritage Environs Area.
Authorised Person
DATED: 09/05/2014
Note: This Certificate is valid at the date of Issue.
Department of !IY.' :".Transport, Planning andLocal Infrastructure
National Trust of Australia (Victoria)ABN 61004356192
05 May 2014 ANATIONAL TRUSTE:zwrymoment an nll1t1:llIg story
File No: MiscTasma Terrace4 Parliament PlaceEast Melbourne Vic 3002
Web: www nattrust.com.auEmail: [email protected] 1300 730 000F 1300741033Corrs Chambers Westgarth via SAl Global Property
Level 3, 355 Spencer StreetWESTMELBOURNE VIC 3003
Dear Sir/Madam,
RE: Vol 11480Folio 789, 525 Stud Road, WANTIRNA SOUTH,3152YOURREFERENCE:20989983:37734210
With reference to your recent enquiry, I write to advise that, as at this date, the abovementionedproperty is not classified by the National Trust, nor does the Trust have a file on it.As the property has not been examined by the Trust, the possibility of its future assessmentcannot be precluded.
A number of municipalities in Victoria have introduced planning controls to conserve andenhance places of heritage significance and contact should therefore be made with theCity of Knox. In addition it may be that the property is known to Heritage Victoria.For further information please contact:
Certificates OfficerHeritage VictoriaGPO Box 2392MELBOURNE 3001 Telephone: (03) 9208 3333
The above property may also be included on the Australian Heritage Council's Register of theNational Estate. This Register has a protective role only in relation to actions proposed by theCommonwealth. There are no legal constraints on owners of private property, or on State orLocal Governments, caused by the inclusion of property on the Register of the National Estate.Further information may be obtained from:
The DirectorAustralian Heritage CouncilGPO Box 787CANBERRA ACT 2601 Telephone: (02) 6274 1111 Fax: (02) 6274 2095
Should you have any queries, please contact Felicity Watson of this office on 9656 9818.
Yours faithfully
Paul RoserSenior Manager Advocacy and Conservation, NationalTrust of Australia (Victoria)
"Advice and opinions expressed byTrust members and staff are proffered in good faith but on the basis that no legalliablhty ISaccepted by the Trust or the individual concerned"
Planning Permit
11044522/2
Knox City Council
PLANNINGPERMIT(Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
KnoxKnoxCityCouncil
ADDRESS OF THE LANDLand: 525 Stud RoadWANTIRNASOUTHVIC 3152
Land Title: Lot 3 on PS 608190 E, Lot 83 on PS 630775 X
THE PERMIT ALLOWS
The staged subdivision of land (Stages 4 - 10), construction of a dwelling on lotsless than 300sqm, creation and removal of easements, access to a Category 1Roadand constructionof roads and infrastructure.in accordance with the endorsed Plan(s)This permit was amended on the 14 May 2013 to includethe constructionof a dwelling on lots lessthan 300sqmand associated conditions,amendmentof Condition24, deletion of conditions38 and39, inclusion of conditions86 to 90.
This permitwas amended on the 19 December,2013 to alter the wording of Condition40with theconsent of Vic Roads.
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT
Amended plans required1. To the satisfaction of the ResponsibleAuthority, the following must be
shown on the Plan of Subdivisionfor each stage prior to Certification:
a) The roads created on the plan of subdivision named with theconsent of the ResponsibleAuthority;
b) All reserves and roads created on the plan of subdivisionvested in the nameof the relevantAuthority;
c) Easements for the purpose of drainage in favour of Knox CityCouncil following approval of Engineering Plans detailingstormwater;
d) Splays provided at all corner properties;e) A Notice of Restriction requiring buildings to conform with the
endorsed building envelope plans of the Memorandum ofCommon Provisions.
Once approved, these plans becomeendorsedplans under the permit.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December,2013.
Signature for theResponsible Authority _
Page 1 of 22
XKnox City Council
PLANNINGPERMIT(Amended)
Application No:
FileNo:
Planning Scheme:
ResponsibleAuthority:
P/2011/6972/B
Knox
Knox City Council
Building Envelope Plans (Memorandum of Common Provisions)
2. Prior to the issue of a Statement of Compliance for each stage underthe Subdivision Act 1988, an approved building envelope plan to thesatisfaction of the Responsible Authority must be submitted to andapproved by the Responsible Authority. The approved buildingenvelope plan must show a building envelope for each lot to thesatisfaction of the ResponsibleAuthority (excluding lots identifiedas L,M, N, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AB, AC, AD, AE, AF, AG,AH,AI, AJ, AK, AL, AM, AN, AP, AQ, AR, AS, AT) The building envelopescreated as a result of this permit are approved building envelopes forthe purposes of applying part 4 of the Building Regulations2006.
The Plan of Subdivision certified under the SubdivisionAct 1988 by themunicipal council must include a restriction that buildings confirmwiththe building envelopes. The restrictionmust providefor;
a) Buildings to be constructedonly in conformitywith the approvedbuilding envelope plan;
b) A building envelope plan to be amendedto the satisfactionof theResponsible Authority and any criteria or matters that must beconsidered by the Responsible Authority in deciding on anamendment to a buildingenvelope;
c) A building envelope plan to cease to have effect on the lotcontaining the envelope on 1 January 2025;
d) The endorsementby MirvacVictoria Pty. Ltd. of all buildingplansas a pre-requisite to a building permit for a lot specified asrequiring such endorsementin the building envelopeplan;
e) The requirement for endorsement of building plans by MirvacVictoria Pty. Ltd. to cease to have effect on a lot two years afteran Occupancy Permit under the Building Act 1993 is issued forthe whole of the dwelling on that lot or 1 January 2020,whichever is the earlier;
Once approved, these plans becomeendorsed plans under the permit.
Certificate of Environmental Audit
3. Prior to the certification of the plan of subdivision for each stage andprior to the commencement of construction in accordance withendorsed plans approved by the ResponsibleAuthority for each stageof the subdivision, the owner must provide:(a) A Certificate of EnvironmentalAudit issued by an Environmental
Protection Authority (EPA) Appointed Auditor which indicatesDate Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 2 of 22
~, PLANNING~PERMITKnox City Council (Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
Knox City Council
that there is no restriction on the use of the site for residentialpurposes;
or
(a) A Statement of EnvironmentalAudit issued by an EnvironmentalProtection Authority (EPA) Appointed Auditor which indicatesthere is or may be some restriction on the use of the site forresidential purposesdue to its environmentalcondition.
4. All conditions containedwithin a Statement of EnvironmentalAudit mustbe complied with to the satisfaction of the Responsible Authority.Written confirmation must be provided by a suitably qualifiedenvironmental professional or other suitable person acceptable to theResponsible Authority prior to the issue of a Statement of Compliancefor each stage of the subdivision.
Landscape plan5. To the satisfaction of the Responsible Authority, three copies of a
landscape plan detailing the road reserve and public open space foreach stage shall be preparedby a suitably qualified landscapearchitectand approved by the ResponsibleAuthoritywhich shall show:
a) Streetscape and reserve designs detailing location of raingardens, inlets and outlets, garden beds, location of streetfurniture and BBQ's, the position of street lighting, fire hydrants,side entry and service pits, pathways within reserves, electricitysubstations and plantingof vegetation and agriculturaldrains.The species and planting size of street trees must be selectedtothe satisfactionof the ResponsibleAuthority;
b) A planting schedule of all proposed trees, shrubs and groundcovers including botanical names, common names, pot sizes,sizes at maturity and quantities of each plant, to be plantedwithin the nature strip and reserves;
c) Details of the surface finishesof pathways.
e) Details and location of all services including above and belowground lines, cables, hydrantsand pipes.
f) Details and locationof Water SensitiveUrbanDesign.
Once approved, these plans becomeendorsedplans under the permit.
Landscape Maintenance
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 3 of 22
,~ PLANNING~PERMITKnox C;ty Councit (Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
Knox City Council
6. Followingthe plantingwithin Nature Strips and Reserves, an inspectionwill be arranged with representatives of the applicant, the landscapecontractor appointed by the applicant and Knox City Council ParksServices and Planning Department who, when satisfied will issue aCertificateof Practical Completion. These works shall be maintainedtothe satisfaction of Council, by the developer until such time as thehandover of maintenancehas occurred.
7. Prior to handover of any public land, a final inspection of trees,landscaping and park furniture (where appropriate) shall be carried outto determine whether remedial works are required. Remedial worksmust be completed to the satisfaction of Council, prior to Councilaccepting responsibilityof maintenanceof the land.
Environmental Management8. Prior to the commencement of works, an Environmental Management
Plan (EMP) is to be submitted to and approved by the ResponsibleAuthority. Upon the Responsible Authority approving the EMP, thatEMP forms part of the Planning Permit. A new plan for each stagemust be endorsed, prior to the commencementof works on that stage.
9. At the request of the ResponsibleAuthority, the Site Manager/operatorwill cease all works on site and if required, provide within thirty (30)days an assessment report of the air quality and/or air emissionsfromthe site by a suitably qualified environmental hygienistconsultant/engineer with measurements taken at times and locationsspecified by the Responsible Authority. The assessment will measurecompliance with SEPP (AQM) and occupational standards at nearbyadjoining properties including Time Weighted Averages. All costsassociatedwith this assessmentare to be borne by the developer.
10. At the request of the ResponsibleAuthority, the Site Manager/operatorwill cease all works on site and provide if required, within thirty (30)days an assessment of the noise levels and/or vibrations emitted fromthe site by a qualified acoustic consultant/engineerwith readings takenat times and locations specified by the Responsible Authority. Theassessment will measure compliance with Environment Protection(Residential Noise) Regulations 2008 and Knox City Council GeneralProvisions Local Law and EPA's Noise Control Guidelines andoccupational standards includingTime Weighted Averages detectedatnearby adjoining properties indicatingfrequency and intensity of PEAKnoise exposure. All costs associated with this assessment are to beborne by the developer.
11. During the course of works within each stage, full access must beprovided so as to allow inspections by Councils Planning Enforcement
DateIssued: 3 Jul, 2013 Signaturefor theDateAmended: 14May2013 ResponsibleAuthority _DateAmended: 19December,2013. Page4 of22
'lilf PLANNING~PERMITKnox City Council (Amended)
Application No:
File No:
P/2011/6972/B
Planning Scheme:
Responsible Authority:
Knox
Knox City Council
Officer shall be carried out to determine compliance with theEnvironmentalManagementPlan to the satisfaction of the ResponsibleAuthority.
General Conditions12. The endorsed plans must not be altered or modified (whether or not in
order to comply with any statute, statutory rule or for any other reason)without the consent of the KnoxCity Council, the ResponsibleAuthority.
13. All existing and proposed easements required for utility services on theland must be set aside in the plan submittedfor certification in favour ofthe relevant authority for which the easement is to be created.
14. The owner/developer of the land must enter into agreementswith therelevant authorities for the provision of water supply, drainage,sewerage facilities, electricity, gas and telecommunication services toeach lot shown on the plans of subdivision in accordance with thatauthority's requirementsand relevant legislationat the time.
Referral of plan15. Each plan of subdivision submitted for certification under the
Subdivision Act 1988 must be referred to the relevant authority inaccordancewith Section 8 of the Act.
Public Open Space16. Prior to the certification of the plan of subdivision for any stage, Public
Open Space shall be vested as a Municipal Reserve in favour of KnoxCity Council to the satisfactionof the ResponsibleAuthority. A runningcalculation of open space for each stage shall be provided to thesatisfaction of the ResponsibleAuthority to ensure the 10%contributionacross the development is met.
South East Water Conditions (ref: 16541709)17. Prior to the issue of a Statement of Compliance for each stage, the
owner/developer must enter into an agreement with South East WaterLimited for the provision of potable water supply and fulfil allrequirementsto its satisfaction.
18. Prior to the issue of a Statement of Compliance for each stage, theowner/developer must enter into an agreementwith South East WaterLimited for the provision of sewerage and fulfil all requirements to itssatisfaction.
19. All lots on the plan of subdivision are to be provided with separateconnections to our potablewater supply and seweragesystems.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority ,--
Page 5 of 22
"., PLANNING~PERMITKnox City Council (Amended)
Application No:
FileNo:
Planning Scheme:
ResponsibleAuthority:
P!2011!6972!B
Knox
Knox City Council
20. The plan of subdivision for certification must show sewerage supplyeasements over all existing and/or proposed South East Water sewermains location within the land, to be in favour of South East Waterpursuant to Section 12 (1) of the SubdivisionAct 1988.
Melbourne Water Conditions (ref:202350)21. Prior to the issue of a Statement of Compliance, the owner shall enter
into and comply with an agreementwith MelbourneWater Corporationfor the acceptance of surface and stormwater from the subject landdirectly or indirectly into Melbourne Water's drainage systems andwaterways, the provision of drainage works and other matter inaccordance with the statutory powers of the Melbourne WaterCorporation.
22. No polluted and/or sediment laden runoff is to be dischargeddirectlyorindirectly into MelbourneWater's drainsor water courses.
23. Prior to the certification, the plan of subdivision must be referred toMelbourne Water in accordance with Section 8 of the SubdivisionAct1988.
24. Prior to the commencement of works or certification of the Plan ofSubdlvision, a Drainage and Stormwater Management Strategy mustbe submitted to MelbourneWater. This strategymust providedetails ofthe outfall/s for the development and calculate the appropriate flowvolumes and flood levels for the 100-year ARI storm event anddemonstrate the likely impact of the development in regards to the BlindCreek RedeveloprnentDrainage Scheme,which includes any increasein runoff and what drainage works or drainage contributions will beapplicable to satisfy Melbourne Water's drainage requirements. Thestrategy must also demonstrate how stormwater runoff from thesubdivision will achieve State EnvironmentProtectionPolicy (WatersofVictoria) objectives for environmentalmanagementof stormwater.
25. Stormwater runoff from the subdivisionmust achieveState EnvironmentProtection Policy (Waters of Victoria) objectives for environmentalManagement of stormwater as set out in the Urban Stormwater BestPractice EnvironmentalManagementGuidelines(CSIRO) 1999.
26. The subdivision must retard stormwater back to pre-developmentflowsbefore entering the downstream drainage system and/or retardstormwater back to the sufficient capacity of the downstreamdrainagesystem, whichever is appropriate.
27. Prior to the issue of a Statement of Compliance, EngineeringPlans ofthe subdivision (in electronic format) must be submitted to MelbourneWater for our records.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 6of22
».PLANNING Application No: P/2011/6972/B
PERMIT File No:
Knox City Council (Amended) Planning Scheme: Knox
Responsible Authority: Knox City Council
28. Prior to the issue of a Statement of Compliance for the subdivision, aSite Management Plan detailing pollution and sediment controlmeasuresmust be submittedto MelbourneWater.
29. Prior to the issued of a Statement of Compliance, a separateapplication direct to Melbourne Water must be made for any new ormodified storm water connection to Melbourne Water's drains orwatercourses.
Multi Net Gas Conditions (ref: S- 2011-05150)30. Easements in favour of Multi Net (Assets) Pty. Ltd. Must be createdon
the plan to the satisfactionof Multi Net Gas.
31. The plan of subdivision submitted for certification for each stage mustbe referred to Multi Net Gas in accordance with Section 8 of theSubdivisionAct 1988.
CFA Conditions (ref: 13000-608566-615726)32. The subdivision as shown on the endorsed plans must not be altered
without the consent of the C.F.A.33. Operable Hydrants, above or below ground must be provided to the
satisfaction of the CFA.34. The maximum distance between these hydrants and the rear of all
building envelopes (or in the absence of an envelope, the rear of alllots) must be 120 metres and hydrants must be no more than 200mapart.
35. Fire Hydrants must be identified as specified in "Identificationof StreetHydrants for Fire FightingPurposes"available under publicationson theCountry Fire Authorityweb site www.cfa.vic.gov.au.
36. Roads must be constructedto a standard so that they are accessible inall weather conditions and capable of accommodating a vehicle of 15tonnes for the trafficable roadwidth.
37. The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees)with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for nomore than 50 metres. Dipsmust have no more than a 1 in 8 (12%) (7.1degree) entry and exit angle.
Telstra38. Deleted 14/3/2013
39. Deleted 14/3/2013
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
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Page 7 of 22
" PLANNING~PERMITKnox City Council (Amended)
Application No:
FileNo:
Planning Scheme:
ResponsibleAuthority:
P/2011/6972/B
Knox
Knox City Council
Vic Roads (ref: QD 1165963)40. Prior to the issue of a Statement of Compliance, all road works
must be constructed in accordance with approved/endorsedlayout plans, to the satisfaction of Vic Roads, unless otherwiseagreed in writing by Vic Roads.
41. Prior to the commencementof works, revised detailed functional layoutplans of the southern intersectionwith Stud Road must be submittedtoVic Roads for approval. The plans must be prepared to the satisfactionof Vic Roads and must be generally in accordance with the functionallayout plans number CG109055 T17 Revision P2 dated 8 June 2010and prepared by Cardno GroganRichards. The planmust showamongother things, a left turn slip lane out of MockridgeStreet.
42. Prior to the commencement of works, a landscape plan must besubmitted to Vic Roads for approval. The plan must show that plantingwithin the road reserve does not obstruct driver's sight lines and clearzones to the satisfactionof Vic Roads.
43. Subsequent to the approval of the functional layout, public lighting andsignal layout, a detailed engineering layout and accompanying"Detailed Design Stage' Road Safety Audit (RSA) must be submittedtoVic Roads for approval. The RSA must be undertaken by anindependent Vic Roads pre-qualified audit team and be conducted inaccordance with Austroads - Road Safety Audit (Second Edition,2002). When the detailed engineering layouts are approved, anadditional copy must be submitted to Vic Roads. The detailedengineering plans for roadworks must be amended to address anyissue raised in the Road Safety Audit to the satisfaction of Vic Roadsand the ResponsibleAuthority prior to the approvalof the plans.
44. The detailed functional layout plans, detailed engineering layout plansand "as constructed" drawings must be in accordancewith Vic Roads,Austroads and Australian Standardspublicationsand any other relevantpublications, unless otherwise approvedbyVic Roads.
45. Prior to the commencement of road works, approval must be obtainedfrom Vic Roads or the ResponsibleAuthority as applicable.
46. Prior to the commencement of road works, the developermust contactTeam Leader - Vic Roads Improvement Projects Department(Telephone No. 9881 8080) for the following requirements:a) provide a payment to Vic Roadsfor the costs associatedwith the
supply and installation of traffic signals plus the predeterminedcost of 10 years traffic signal maintenance. Vic Roads willarrange for installation of traffic signals once payment has beenreceived.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 8 of 22
~, PLANNING~PERMITKnox City Council (Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
Knox City Council
b) bank guarantee (in the name of the developer) without atermination date, to Vic Roads for the estimated cost ofconstruction;
c) provide evidence that the contractor has a public liabilityinsurance policy for at least $10,000,000 (ten million dollars),effective for the duration of theworks;
d) provide Vic Roadswith the name, address, business and out-ofhours telephone numbersof the principal roadworks contactor;
e) submit to Vic Roads for approval, a traffic management planshowing the proposed provision for traffic and signing for theduration of works. The traffic management plan must meet therequirements of Vic RoadsWorksite Traffic Management (Roadworks Signing) Code of Practicewithin incorporatesAS 1742.3-2002, Traffic management/controlmust be carriedout by suitablytrained personnel;
f) arrange for the contractor to contact the Vic Roads SurveillanceCo-ordinator (Telephone No 9881 8079) at least seven (7) daysprior to the commencementof works. NOTE: the contractorwillbe charged for the actual cost of Vic Roads surveillance,whichmay be undertakenat certain key times during the works and;
g) provide evidence that the contractor has developed andmaintained a Quality ManagementSystem, Occupational Healthand Safety System, Environmental Management System andTraffic ManagementSystem,to the satisfactionof Vic Roads.
47. The standard of materials and works must be in accordancewith VicRoads standard speclfications for road works and to the satisfactionofVic Roads.
48. The developer must pay the full cost of all road works, drainage, roadsafety devices, service relocations, civil works, signage, public lighting,and any other associated cost ie; all works to be completedat no costto Vic Roads.
49. Where the road works, including footpath and nature strip, lie outsidethe existing road reserve, a widening of the road reserve will berequired, at no cost to Vic Roads. The developer must engage alicensed surveyor to prepare a plan of subdivision showingthe affectedland labelled "ROAD" which is to be vested in the Roads Corporationupon certification of the Plan of Subdivision, without anyencumbrances. Subsequent to the registration of the plan, thesubdivider must ensure that the original Certificatesof Title that issue inthe name of the Roads Corporation, are posted to: Vic Roads -PropertyServices Department,60 DenmarkStreet, Kew, 3101.
Date Issued: 3 .Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 9 of 22
~~ PLANNING~PERMITKnoxCityCouncil (Amended)
Application No:
FileNo:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
Knox City Council
50. The design, depth and composition of pavement (new and existing)must be to the satisfactionof Vic Roads.
51. The standard of materials and works must be in accordancewith VicRoads StandardSpecificationsfor Roadworks and Bridgeworks,and tothe satisfactionof Vic Roads.
52. The Department of Infrastructure - Bus Operations Department(Telephone No. 9655 8940) must be notified of the proposed worksaffecting any bus stops, 7 days before construction is to commence
53. The detailed functional layouts, public lighting & traffic signal layouts,detailed engineering layouts and "as constructed" drawingsmust be inaccordance with Vic Roads, Austroads and Australian Standardspublications and any other relevant publications, unless otherwiseapproved by Vic Roads.
54. Prior to the commencement of works within the road reservation,approval must be obtained from Vic Roads or the ResponsibleAuthority, as applicable.
55. The landscapingwithin the road reservemust not obstruct drivers' sightlines and clear zones to the satisfactionof Vic Roads.
56. There must be no direct vehicular access provide to Stud Road or tothe southern access road between Stud Road and the roundaboutexcept from the signalised intersection,to the satisfactionof Vic Roads.
Health57. Irrigationof Public Open Space or within Public Open Spacemust be in
accordancewith the Australian Guidelinesfor Water Recycling- StormWater Harvestingand Reuse 2009.
Waste Management58. Prior to the commencement of works for each stage, a Waste
Management Plan (1:200) and drawings shall be submitted to andapproved by the ResponsibleAuthority. This planwill detail the turningtemplate for a standard 9.6m length truck where turning is required,cover issues relating to storage space for waste containers, collectionpoints and temporary turning areas at end of stages.
Department of Transport (ref:DOPT2012/0005)59. Before the developmentstarts, or at another time agreed in writing with
the Responsible Authority, amended plans to the satisfaction of theResponsible Authority and Director or Public Transport must besubmitted to and approved by the Responsible Authority. Whenapproved the plans will be endorsed and will form part of the permit.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
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Page 10 of 22
~, PLANNING~PERMITKnox City Council (Amended)
Application No:
FileNo:
Planning Scheme:
ResponsibleAuthority:
P/2011/6972/B
Knox
Knox City Council
The plans must be generally in accordance with the plans submittedwith the application but modifiedto show:a) Details of bus stops, shelter and associated infrastructure
located on the departure side of the traffic signals in bothdirections, and deemed compliant with the DisabilityDiscrimination Act - Disability Standards for Accessible PublicTransport 2002 and Smart Bus Standards.
b) Details of any bus stops that require relocation or stops that areimpacted along Stud Road for the development and associatedreplacement/reinstatement.
60. Unless otherwise agreed in writing with the Directorof PublicTransport,prior to the commencementof the traffic signals on Stud Road, all busstops and shelters including all associated infrastructureas outlined inthe endorsed plan must be constructedwith constructionas-built planssubmitted for approval and a cost born by the permit holder to thesatisfaction of the Directorof Public Transport.
61. The permit holder must take all reasonable steps to ensure thatdisruption to bus operations along Stud Road is kept to a minimumduring construction. Foreseen disruptions to bus operations must becommunicated with mitigation measures to the Director of PublicTransport and bus operatorstwo (2)weeks prior.
SPI Conditions (ref:74341945)62. Prior to the issue of a Statement of Compliance the owner/developer
shall enter into an agreementwith SPI Electricity Pty. Ltd. for supply ofElectricityto each lot on the endorsed plan.
63. Prior to the issue of a Statement of Compliance the owner/developershall enter into an agreement with SPI Electrlcity Pty Ltd for therearrangementof the existing electricitysupply system.
64. Prior to the issue of a Statement of Compliance the owner/developershall enter into an agreementfor re-arrangementof the points of supplyto any existing installations affected by any private electric power linewhich would cross a boundary created by the subdivision, or by suchmeans as may be agreed by SPI ElectricityPty. Ltd.
65. Prior to the issue of a Statement of Compliance, provide easementssatisfactory to SPI Electricity for the purpose of "power line" in thefavour of "Electricity Corporation" pursuant to Section 88 of theElectricity Industry Act 2000, where easements have not beenotherwise provided, for all existing SPI Electrlcity Pty. Ltd. electric linesand for any new power lines required to service the lots on theendorsed plans and/or abutting land.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
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y PLANNING Application No: P/2011/6972/B
PERMIT FileNo:
Kno« city Council (Amended) Planning Scheme: Knox
Responsible Authority: KnoxCity Council
66. Obtain for the use of SPI Electricity Pty. Ltd. any other easementrequired to service the lots.
67. Adjust the position of any existing SPI Electricity Pty. Ltd. Easementtoaccord with the position of the electricity line(s) as determined bysurvey.
68. Set aside on the plan of subdivision Reserves for the use of SPIElectricity Pty. Ltd. for electric substations.
69. Provide to SPI Electricity Pty. Ltd. a copy of the plan of subdivisionsubmitted for certification that shows any amendments that have beenrequired.
70. Agree to provide alternative electricity supply to lot owners and/or eachlot until such time as permanent supply is available to the developmentby SPI Electricity Pty. Ltd. Individual generators must be provided ateach supply point. The generator for temporary supply must beinstalled in such a manner as to comply with the ElectricitySafety Act1998.
71. Ensure that all auditing requirementsare completed to the satisfactionof SPI Electricity Pty. Ltd, to allow the new network assets to be safelyconnected to the distributionnetwork.
Drainage Conditions72. All stormwater drainage runoff from the site shall be properly collected
and discharged in a complete and effective system of drainswithin thesubdivision and connected to the legal point of dischargeas directed bythe Responsible Authority. It shall not cause a nuisance to abuttingproperties. The internal drains of the proposed lots are to beindependentof the internal drainsof other lots.
Engineering Plans required73. Three copies of drainage plans and computations (to AHD), prepared
by a qualified Civil Engineering Consultant must be submitted to andapproved by the Responsible Authority for each stage of thesubdivision. Drainage works on site must be undertaken andcompleted in accordance with these plans to the satisfaction of theResponsible Authority prior to the issue of a Statement of Compliance.These plans shall show:
Drainage
a) Details of storm water management,including provisionfor all stormwater to be directed to the legal point of discharge for each lot as
Date Issued: 3 Jul, 2013Date Amended: 14May 2013Date Amended: 19December, 2013.
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Page 12 of 22
~., PLANNING~PERMITKnoxCityCouncil (Amended)
Application No:
FileNo:
Planning Scheme:
ResponsibleAuthority:
P/2011/6972/B
Knox
Knox City Council
per Knox City Council's Civil Works and Stormwater DrainageGuidelinesfor broadacresubdivisions;
a) Maintenance regime for the stormwater treatment system (to beincluded in the final stage of the subdivision);
b) Storm water directed into the Melbourne Water's drainage systemshall do so only with the consent of Melbourne Water and mustmeet their requirements;
c) Water Sensitive Urban Design must be addressed as part of thisdevelopment. (for example utilisation of swale drains, rain gardensand water storage tanks).
Roads
a) Details including surface and undergrounddrainage, pavementandfootpath/shared path details, street lighting, fire hydrants, vehiclecrossovers, line marking, concrete kerbs and channels and outfalldrainage.
f) Details of Street Lighting type and location, provided to thesatisfaction of the relevant authority and in accordance withAS1158. This should include a light to be located at allintersections, bends in the road and at the end of roads. (NonStandard street lighting will be accepted provided it adheres to theKnox Council Guidelines).
g) The location and design depth and composition of pavement,including raised traffic islands, round-abouts, splitter islands andspeed devices, designed so that there is enough clearance for busturning movementswithout mounting the kerbs and to ensure thatthe front of a bus do not overhangfootpaths and splitter islands.
h) The design of the intersectionof the entry road with Stud Roadshallbe to the satisfaction of Vic Roadsand the ResponsibleAuthority.
h) Construction of a shared path along the entire Stud Road frontageof the site as required by the Section 173Agreement.
i) Bus stops details in accordancewith Condition60 of this permit.
j) The locationof all services and cablesto be underground.
k) The location of all "no parking"and "Street name" and various trafficsignage.
Date Issued: 3 .Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 13 of 22
~, PLANNING~PERMITKnox City Council (Amended)
Application No:
FileNo:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
Knox City Council
The applicant shall submit to Council a schedule of prices andquantities for the total cost of the subdivisional construction workscontained in the approved engineeringplans in order that Councilmaycalculate the required fees.
Asset protection74. The ApplicantlOwner shall be responsible to meet the costs of all
alterations to and reinstatementof, the Knox City Council and any otherPublic Authority assets deemed necessary and required by suchAuthorities for the development/subdivision.
Vehicle crossings75. A crossover shall be provided for each allotment. All crossovers shall
be sealed and constructedto Council's StandardDrawings.
Payments and Bonds76. Prior to the issue of a Statement of Compliance, the owner/developer
shall pay to the Council a paymentfor supervisionof works being 2.5%of the value of all works shown on the Engineering Plans and apayment for checking of Engineering Plans being 0.75% of all worksshown on the engineering plan.
Incomplete works Bond77. Prior to issue of a Statement of Compliance for each stage, the
owner/developer may lodge an incompleteworks bond for the value ofthe any unconstructedworks or landscapingas shownon the endorsedplans. (The value of the bond is to be determined by the ResponsibleAuthority).
Maintenance Bond78. Prior to the issue of a Statement of Compliance the developer shall
provide the Council an amount equal to 5% of the actual value ofconstruction works in the form of cash security or a bank guarantee.This will be returned upon expiry of the three months maintenanceperiod, subject to the acceptance of works in the Final EngineeringInspection.
Bond return79. Prior to the issue of a Statement of Complianceor the return of bonds
in respect to the subdivision works - whichever is the later, the owneror his/her consultants must submit to Council the following information(whichever are applicable) in a format agreed by the KnoxCity Council.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
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" PLANNING~PERMITKnox City Council (Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
Knox City Council
• Title boundaries, road reserves, municipal reserves and easementsetc
• All construction drawings relating to roads, drains and otherinfrastructure for this subdivision shall be amended to show theworks "As Built". Transparenciesof these plans are to be submittedto Council
• Title (blue duplicates) to reserves/roads in favour of Knox CityCouncil.
Public Lighting Payment80. The Subdivider is required to pay to the Council on request, an amount
for the supply and installation of all street lighting lanterns required forthe subdivision in accordancewith the engineeringplans.
Removal of Mobile Phone Tower81. The developer/applicant shall undertake to remove the mobile phone
tower located along the southern boundary of the site, prior to thecommencementof the relevantstage of the subdivision.
Final Inspections82. Prior to the issue of a Staternent of Compliance (subject to any works
having been bonded) for each stage a final inspection by Council'sEnforcernent and Drainage Officer's shall be carried out, to verify thecompletion of works in accordance with the Endorsed Plans, toCouncil's standards and shall include:
a) planting of landscapingwithin reserves;a) completion of streetscapelandscaping;b) Tree guards sufficient to protect trees from all constructiontraffic;c) Installationof street furniture (seating, BBQ's etc)d) construction of vehicle crossings;e) construction of footpath/sharedpathways;f) completionof road worksand drainage;g) Constructionof traffic devicesand line marking;h) Street lighting and hydrants;i) Fencingwhere abutting Reserves;j) Installation of street name signage and various traffic/no parking
signage.k) Completion of Bus Stops in Stud Road.
Environment
Date Issued: 3 Jut, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
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~~ PLANNING~PERMITKnoxdtyCouncil (Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
Knox City Council
83. Upon commencement and until conclusion of the development, thedeveloper shall ensure that the development does not adversely affectthe amenity of the area in any way, including but not limitedto:
i. the appearanceof building,works or materialson the landii. parking of motor vehiclesiii. transporting of materialsor goods to or from the siteiv. hours of operationv. stockpiling of top soil or fill materialsvi. air borne dust or dirt emanatingfrom the site or vehiclesvii. noise and vibrationviii. rubbish and litter managementix. sediment runoffx. vehicle re-fuelling and maintenancexi. rehabilitationof exposedareasxii. temporary infrastructureplacementxiii. solid waste management
Should the development cause undue detriment to the amenity of the areathen immediate remedial measures must be undertaken to address the issueas directed by, and to the satisfaction of, the ResponsibleAuthority. Failuretofully comply with a directive of the ResponsibleAuthoritywill result in all worksceasingon site, if so directed by a Council PlanningEnforcementOfficer.
84. All works shall be carried out in a manner that causes minimalenvironmental impacts however should any situation occur requiring aclean up, this shall be done promptly and in an environmentallyappropriate manner.
Time - Subdivision85. The permit will expire if one of the following circumstancesapplies:
a. The subdivision is not started within five years of the date of thispermit as evidenced by a Plan of Subdivision being certified by theCouncil within that time limit;
a. The Certified Plan of Subdivision is not registeredwithin five yearsfrom the date of the certificationof the plan.
The Responsible Authority may extend the time limit at the request ofthe landowner or occupier. Any request must be made before thepermit expires or within three (3) monthsafter the expiry date.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
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Page 16 of 22
~ PLANNING~PERMITKnox City Council (Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
Knox City Council
The starting of a subdivision is regarded by Section 68(3A) of thePlanning and Environment Act 1987 as the certification of a plan undersection 6 of the Subdivision Act 1988 and where a subdivision isstaged, from Certification of Stage One. Completion is regarded asregistration of the subdivision and where the subdivision is staged,upon registration of the last stage.
Telecommunications (Clause 66.01)
86. The owner of the land must enter into an agreementwith:
• A telecommunications network or service provider for theprovision of telecommunicationservices to each lot shownon theendorsed plan in accordance with the providers requirementsand relevant legislationat the time and;
• A suitably qualified person for the provision of fibre readytelecommunications facilities to each lot shown on the endorsedplan in accordance with any industry specifications or anystandards set by the Australian Communications and MediaAuthority, unless the applicationcan demonstratethat the land isin an area where the NationalBroadbandNetwork (NBN)will notbe provided by optical fibre.
87. Before the issue of a Statement of Compliance for any stage of thesubdivision under the SubdivisionAct 1988, the owner of the land mustprovidewritten confirmationfrom:
• A telecommunications network or service provider that all lotsare connected to or are ready for connection totelecommunications services in accordance with the provider'srequirementsand relevant legislationat the time;
• A suitably qualified person that fibre ready telecommunicationfacilities have been provided in accordance with any industryspecifications or any standards set by the AustralianCommunications and Media Authority, unless the applicant candemonstrate that the land is in an area where the NationalBroadband Networkwill not be providedwith optical fibre
Lots under 300sqm
88. Prior to the endorsement of plans for new dwellings on lots less than300sqm, the applicant must determineflood levels from a 100yearARIstorm event to ensure floor levels are constructed 300mm above theapplicable flood level to the satisfactionof MelbourneWater.
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
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Page 17 of 22
"" PLANNING~PERMITKnox City Council (Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
KnoxCity Council
89. Prior to the commencementof any dwelling on a lot that has an area ofless than 300sqm, three (3) copies of plans must be submitted to andapproved by the ResponsibleAuthoritywhich detail:
• Drawn to scale and shall be in accordance with Clause 54(Rescode).
• Must include a site plan with the location of the dwelling, setbacks,private and secluded open space areas, landscaping, car parking,driveway and vehicle crossing.
• Must include dimensionedelevationsof the dwelling.Once approved, these plans becomethe endorsed plansof this permit.
Time - Subdivision
90. This permit will expire if Oneof the following circumstancesapplies;a) The developmentworks are not started within 2 years of the date of
this permit.b) The development works are not completed within five years of the
date of this permit.The Responsible Authority may extend the periods referred to if arequest is made in writing before the permit expires or within three (3)months afterwards.
Notes:o A road opening permit from Council is required for any works within the road
reserve, including the nature strip.o Vehicle crossing shall be constructed in accordance with Council's standard
drawings, specifications and vehicle crossing policy.o All utility services (drainage, sewer) are to be verified onsite by the
applicant/developerprior to the commencementof any works.o No buildings are permittedto be constructedover Council easements.o Department of Transport: Contact 90954106o CFA Conditions: Contact 87391313o Melbourne Water Conditions: Contact 9235 7093 The propertyis locatedwithin
Melbourne Water's Blind Creek Redevelopment Service Scheme (0915) andappropriate drainage works and/or developer contributions may be applicable.Melbourne Water's Land Development Manual Internet site should be consultedwith regards to the amount payableor for further information.
o Multi Net Gas Conditions: Contact 85449206
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 18 of 22
XKnox City Council
PLANNINGPERMIT(Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
KnoxCity Council
o SP Ausnet Conditions: Contact 9237 4465. It is recommendedthat, at an earlydate the applicant commences negotiations with SPI Electricity Pty Ltd for asupply of electricity in order that supply arrangementscan beworked out in detail.So prescribed information can be issued without delay. Arrangements for thesupply will be subject to obtaining the agreement of other authorities and anylandowners affected by routes of the electric power lines required to supply thelots and for any tree clearing. Prospective purchasers of lots on this plan shouldcontact this office to determinethe availabilityof a supply of electricity. A financialcontributionmay be required.
Arrangements for the supply will be subject to obtaining the agreement of otherAuthorities and land owners affected by routes of the electric power lines requiredto supply the lots and for any tree clearing.
o Vic Roads Conditions: Contact9881 8085o South East Water Conditions: Contact 9552 3371 The following South East
Water agreement options are available:
1) Application to enter into a DevelopmentDeed-works- Works, if SouthEastWater reticulatedsewer/water/recycledwater (as applicable) isrequired to be extendedto service lots within the development.
1) Application for Notice ofAgreement Subdivision- Nonworks, if SouthEastWater reticulatedsewer/water/recycledwater (as applicable)isavailable to the developmentand the owner only requiresStatementofCompliance to release the titles (ie; subdivision prior to building).
2) Plumbing industrial,Commercial,Units and PrivateWater application,ifSouth EastWater reticulatedsewer/water/recycledwater (asapplicable)isavailable to the developmentand the ownerwishes to commenceconstruction of the buildings. (ie; buildingprior to subdivision).
A copy of the appropriateapplicationform can be obtained from thewebsite:www.southeastwater.com.au(propertytab /Iand development).
o The EMP must adequately address the following issues and specify how therelevant leqislation/requirementswill be complied with by all operators on and/oradjacent the site.
i. Noise, including Environment Protection (Residential Noise) Regulations2008, and/or EPA's Noise Control Guidelines (publication 1254)compliance.
ii. Dust, including State Environment Protection Policy (Air QualityManagement), and/or section 40 of the Environment ProtectionAct 1970andlor Part 6 of the Public HealthandWellbeingAct 2008.
iii. Odour (exhaust fumes, stagnant water, chemical, bitumen etc), includingState Environment Protection Policy (Air Quality Management), andlorsection 40 of the Environment Protection Act 1970 and/or Part 6 of thePublic Health and WellbeingAct 2008.
Date Issued: 3 Jul, 2013Date Amended: 14May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 19 of 22
" PLANNING~PERMITKnox City Council (Amended)
Application No:
File No:
Planning Scheme:
Responsible Authority:
P/2011/6972/B
Knox
KnoxCity Council
iv. Erosion and/or sedimentmanagement. The State EnvironmentProtectionPolicy (Waters of Victoria) EPA Act 1970 EPA 1987. Soil Conservation&Lands Utilisation Act 1958, Construction Techniques for SedimentPollution Control (Publication275)
v. Waste Management/HazardousMaterials Management including but notlimited to:• Litter• Soil• Prescribed industrialwaste• Vehicle cleaning• Dumped publicwaste• Mud (on roadways- stormwater system)• Proposedmeasuresto manageand/or mitigate impacts
vi. Chemical storage and/ordisposal.vii. Flora and/or Fauna and/orweed management.viii. Soil stockpile management.ix. Include 'Action Plans' for the following, but not limited to, adverse
incidents.• Weather - wind/flooding• Emergencyor workplace incident• Traffic incident (Stud Road)• Spill incident (chemical,soil, etc)• UnauthorisedAccess and/or criminal damage• Fire plan• Unmanagedstormwater• Site Layout Plan, drain plan and isolation valves
x. Vibration detected beyondsite boundary.xi. A 'communication strategy' to include communication techniques,
frequency and details for developer information dissemination withresidents, relevant authoritiesand onsite contractors/staff.
xii. A 'communication plan' for relevant authorities or statutory agencies tocontact developersand/or contractorsand/or spokespersons.
xiii. A 'communication plan' combined with a 'complaint resolution process'that allows the general public to communicate directly with aspokesperson for the site and, where necessary, recording of complaintsthat reflect the nature of the complaint/s,what if any actionwas taken andhow the spokesperson respondedto the person lodging a complaint.Thismay also be referred to as a 'Corporate Neighbour Policy' or 'InternalDispute Investigationand ResolutionProcess Policy'.
xiv. Internal/Self assessment/reviewand ongoing assessmentof EMPxv. Accountability for non complianceof EMPxvi. Key stages and/or timings of the EMP
Date Issued: 3 Jul, 2013Date Amended: 14 May2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority ~
Page20 of 22
».PLANNING Application No: P/2011/6972/B
PERMIT FileNo:
Knox City Council (Amended) Planning Scheme: Knox
Responsible Authority: KnoxCity Council
xvii. Location and Displayof EMPfor Public and RelevantAuthorityAccess.
o Waste Management: The followingWaste ManagementGuidelinesapply:1. The applicant is to submit a plan of the site (to scale, ideally 1:200)
indicating the following:Location of waste/recycling bins for storage and collection (specifyingnumber and size of bins)Trees (to edge of canopy)PolesVehicle crossingTurnaround areas (if proposed)Letter boxesCollection hazards on streetSight distance requirements
The applicant needs to demonstrate that the waste/recycling bins can be stored andcollected safely from within the development. The following access and binplacement conditionsapply:
o Storage
Space is to be provided for the storage of at least two (2) bins (waste& recycling)perdwellingwithin the confines of the property.
ProvidedBin Sizes are as follows:
o Access
Bin Size: Width x Deoth80 or 120 litre waste bin 600mmx 600mm240 litre recycling bin 700mmx 800mm
• A turn around area is to be provided to cater for Council's contract wastecollection vehicles (tandem 22.5 tonne capacityvehicle) includingaccess to thelifting arm in an area with overhead obstructions. Turning circle details arerequired to be shown on the plan to verify that the vehicle can complete thecollections within the premises. Turning circle details are available bycontacting Council's Traffic & Transport Department. The waste collectionvehicles are not permitted to reverse in or out of the site due to OccupationalHealth & Safety issues.
• Road pavements in the development are to be designed and constructed toaccommodate the collection vehicle (Gross Vehicle Mass of 22.5 tonne. Roadpavement details are available by contacting Council's Traffic & TransportDepartment).
o Bin Placement
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 21 of 22
y PLANNING Application No: P/2011/6972/B
PERMIT File No:
Knox City Council (Amended) Planning Scheme: Knox
Responsible Authority: Knox City Council
There is to be space for provision of two bins (waste& recycling) per dwellingwith thecollectionpoints clearly identified.
• A level surface clear of the road pavement is to be provided for bin collectionpoints. Allow a 2.1 metre length on the bin collection points per waste &recycling bin. This will provide sufficient spacing for the waste collector to pickup and put down bins without interferingwith adjacent bins.
• Bin collection points are to be in a single line positioned such that they are onthe left hand side of the collection vehicle. Bins need to be accessible bycollection vehicle (driver will not leave vehicle to arrange or move bins)withoutthe vehicle having to reverse.
• Bin collection points are not to be locatedwithin the turnaroundareasof a site.
• Bin collection points are to allow for clearanceof the canopyof trees when theyreach maturity.
• In an area with an overhead obstructiona minimum height of 5.0 metresneedsto be allowed for Council's collection vehicle including accessto the liftingarm.
• Any obstructions (letter boxes, poles, trees) are to be a minimumof 1.0 metrefrom the bin collection area.
• Bins must not be required to be wheeled/moved through the inside of anydwelling and/or over steps or unevengroundwhen placedout for collection.
a Liability
The developer/body corporate is responsible for the maintenance of any commonproperty (including roads) within the development. An indemnity providedby Councilis required to be signed and sealed by the developer/body corporate prior to thewaste collection services being provided, which indemnifies both Council and itswaste collection contractor from claims relating to damage caused through thecollectionprocess.
If the above criteria cannot be achieved the developer is to propose an alternativesolution (this may include collection by private contractorswhich will require provisionof a waste management plan to Council which is to outline the waste collectionservice that will be provided).
Date Issued: 3 Jul, 2013Date Amended: 14 May 2013Date Amended: 19 December, 2013.
Signature for theResponsible Authority _
Page 22 of 22
Memorandum of Common Provisions
11044522/2
MEMORANDUM OF COMMON PROVISIONSSection 91A Transfer of Land Act 1958
Approved Form MCP
VictorianLand TitlesOffice
Lodged by:Name: .Customer Code: .
Harcrest - Stage 6
This MCP contains provisions which are intended for inclusion in instruments to be lodged for registration.
PRELIMINARYA. This MCP has been prepared by Mirvac in order to regulate the siting, form and design of residential
development in accordance with the Design Guidelines, so as to create a high level of amenity forowners and residents of lots within the plan of subdivision.
B. The provisions of this MCP are incorporated into the restrictions created by the plan of subdivision.
c. The plan of subdivision restricts lot owners from developing a lot other than in accordance with thebuilding envelope plan.
D. The building envelope plan provides details of approved building envelopes.
E. The building envelope plan does not include easements. Refer to the plan of subdivision for easementdetails.
F. This MCP provides the information necessary to interpret the approved building envelopes.
G. Some of the matters addressed in this MCP are not covered by or are amendments to the Regulationsand Scheme.
H. This MCP is retained by the Registrar of Titles pursuant to section 91(A) of the Transfer of Land Act.
I. Endorsement by Mirvac does not warrant, imply or in any way suggest that the endorsed developmentplans comply with the Knox Planning Scheme (the Scheme) or the Building Regulations 2006 (theRegulations) in force at the time of the endorsement. Mirvac advises the owner to submit the endorsedplans to Knox City Council and / or a building surveyor for the issue of the necessary permit(s).
PROVISIONS
Any building to be constructed on lots to which this MCP applies and for which the construction would requirea building permit must be sited within the approved building envelope subject to any specific encroachmentsallowed outside the approved building envelope pursuant to this MCP.
Approval No.
MCP I. The provisions are to be numbered consecutively from number I.2. The back of this form is not to be used.3. Further pages may be added but each page should be consecutively numbered.4. To be used for the inclusion of covenants and easements In mortgages, transfers and leases.
Page I
1 Text of restrictions
The siting of a building within the approved building envelope is subject to the restrictions imposed by this Mep andany other applicable control.
1.1 Neighbourhood character (clause 54.02-1)
The design of a building must be in accordance with clause 54.02-1 (Neighbourhood character) in the Scheme, exceptas specified below.
The proposed design must complement the desired neighbourhood character as described in Design Vision of theDesign Guidelines.
1.2 Integration with the street (clause 54.02-2)
The layout of the development must be in accordance with clause 54.02-2 (Integration with the street) in the Scheme.
1.3 Maximum street setbacks (regulation 408)
A building must be set back from a street alignment in accordance with regulation 408 (Maximum street setback) inPart 4 of the Regulations, except as specified below.
A building on a lot must not be set back more than 6 metres from the front boundary or side street boundary of the lot.
1.4 Minimum street setbacks (regulation 409 and clause 54.03-1)
A building must be set back from a street alignment in accordance with regulation 409 (Minimum street setbacks) inPart 4 of the Regulations and clause 54.03-1 in the Scheme, except as specified below.
A building on a lot must be set back from a street boundary not less than the distance specified in respect of thatboundary in the height and setback profiles attached and shown on the plan by the identifier code.
A garage on a lot must be set back at least 4.9 metres from the front boundary of the lot. A garage with access facingthe front street boundary must be set back not less than the distance specified above and at least 900 millimetres behindthe front street building line of the dwelling. A garage with access facing the side street boundary of a comer lot mustbe set back at least 900 millimetres behind the side street building line of the dwelling.
Balconies, verandahs, porches, covered walkways and porticos that are less than 4.5 metres high and eaves, fascias andgutters, may encroach not more than 1.5metres into the mirrimumfront setback and I metre into the setback on a sidestreet or laneway for a dwelling or garage. A covered balcony or verandah on the second storey of a building that isless than 6.9 metres in height may encroach not more than 1.5metres into the minimum front setback.
1.5 Building height (regulation 410 and clause 54.03-2)
The height of a building on a lot must be in accordance with Regulation 410 (Building height) in Part 4 of theRegulations and clause 54.03-2 in the Scheme, except as specified below.
Page 2
A building on a lot marked with '.' on the building envelope plan must comply with the setback profiles attached andshown on the plan by the identifier code and must not exceed 7.5 metres in height measured along a horizontal planefrom the natural ground level of the abutting lot at the rear boundary.
Outbuildings (including a shed, pergola or water tank) must be located to minimise their visual impact from the streetand / or public open space.
1.6 Site coverage (regulation 411 and clause 54.03-3)
The site area covered by buildings on a lot should be in accordance with regulation 411 (Site coverage) in Part 4 of theRegulations and clause 54.03-3 in the Scheme, except as specified below.
The area covered by building on a lot does not include a rain water tank that is between 2000 litres and 5000 litres involume.
1.7 Permeability (regulation 412 and clause 54.03-4)
The maximum area of impermeable surfaces on a lot must be in accordance with regulation 412 (permeability) in Part4 of the Regulations and clause 54.03-4 in the Scheme, except as specified below.
The area of impermeable surfaces on a lot does not include a rain water tank that is between 2000 litres and 5000 litresin volume.
1.8 Energy efficiency (clause 54.03-5)
Energy efficiency in a dwelling must be in accordance with clause 54.03-5 (Energy efficiency) in the Scheme.
1.9 Significant trees (clause 54.03-6)
Significant trees on a lot must be treated in accordance with clause 54.03-6 (Significant trees) in the Scheme.
1.10 Car parking (regulation 413)
The provision for car parking on a lot must be in accordance with regulation 413 (Car parking) in Part 4 of theRegulations.
1.11 Side and rear setbacks (regulation 414 and clause 54.04-1)
Side and rear setbacks on a lot must be in accordance with regulation 414 (Side and rear setbacks) in Part 4 of theRegulations and clause 54.04-1 in the Scheme, except as specified below.
Side and rear setbacks for building elements (such as walls and roof coverings) must comply with the requirementsspecified in the height and setback profiles attached and shown on the plan by the identifier code.
The following may encroach not more than 0.5 metre into the minimum side and rear setback specified in the heightand setback profiles noted below and shown on the plan by the identifier code.• Porches and verandahs.• Masonry chimneys.• Sunblinds.
Page 3
• Screens (to the extent needed to protect a neighbouring property from a direct view).• Flues and pipes.• Domestic fuel tanks and water tanks.• Heating and cooling equipment and other services.
The following may encroach into the minimum side and rear setback specified in the height and setback profiles notedbelow and shown on the plan by the identifier code.• Landings with a maximum area of 2 square metres and a maximum height of I metre.• Unroofed stairways and ramps.• Pergolas.• Shade sails.• Eaves, fascias and gutters not more than 0.6 metre in total width.• Outbuildings not exceeding 10 square metres in area and 3 metres in height.
Buildings must not cover registered easements unless approved by the relevant authority (refer plan of subdivision).
Side and rear setbacks from boundaries that are shared with lots which are not beneficiaries of this restriction are notdealt with by this building envelope except where annotated on the building envelope plan.
1.12 Walls on boundaries (regulation 415 and clause 54.04-2)
Walls constructed on a boundary must be in accordance with regulation 415 (Walls on boundaries) in Part 4 of theRegulations and clause 54.04-2 in the Scheme, except as specified below.
The length of a wall constructed on or within 200 millimetres of a side or rear boundary of a lot must not exceed 10metres plus 25 per cent of the remaining length of the boundary ofan adjoining lot or the length of any existing abuttingwall, whichever is greater.
The height of a wall constructed on or within 200 millimetres of a side or rear boundary of a lot or a carport constructedon or within I metre of a side or rear boundary of a lot must not exceed a maximum or average of 3.6 metres unlessabutting a higher existing or simultaneously constructed wall or carport.
Buildings must not cover registered easements unless approved by the relevant authority (refer plan of subdivision).
1.13 Daylight to existing habitable room windows (regulation 416 and clause 54.04-3)
The provision of daylight to existing habitable room windows must be in accordance with regulation 416 (Daylight toexisting habitable room windows) in Part 4 of the Regulations and clause 54.04-3 in the Scheme, except as specifiedbelow.
A wall or carportwith a height exceeding 3.6metres opposite an existinghabitable roomwindow in an existingdwellingon an adjoining lotmust be set back from that window at least half the height of the wall or carport if the wall or carportis within a 55 degrees angle in the horizontal plane about a vertical axis through the centre of the window.
For the purposes of regulation 416 and clause 54.04-3, clear to the sky means an unroofed area, an area roofed with amaterial that transmits at least 90 per cent oflight or an area roofed with eaves, fascias and gutters not exceeding 300millimetres in total width.
Page 4
1.14 Solar access to existing north-facing habitable room windows (regulation 417 and clause 54.04-4)
The provision of solar access to existing north-facing habitable room windows must be in accordance with regulation417 (Solar access to existing north-facing habitable room windows) in Part 4 of the Regulations and clause 54.04-4 inthe Scheme, except as specified below.
Reference to an existing north-facing habitable room window, in the case of buildings on lots contained within thisMCP, refers to ground floor windows only.
Any north-facing habitable room window at ground level to be constructed in a building on a lot must be clear to thesky and setback more than 3 metres from the north boundary of that lot if it is to be considered, once constructed, anexisting north-facing habitable room window for the purposes of regulation 417 and clause 54.04-4.
Solar access to existing north-facing habitable room windows on lots that are not beneficiaries of this restriction are notdealt with by this building envelope except where annotated on the building envelope plan.
1.15 Overshadowing of recreational private open space (regulation 418 and clause 54.04-5)
Any overshadowing of recreational private open space must be in accordance with regulation 418 (Overshadowing ofrecreational private open space) in Part 4 of the Regulations and clause 54.04-5 in the Scheme, except as specifiedbelow or varied as a consequence of other restrictions in this MCP.
For the purposes of regulation 418 and clause 54.04-5 the area in an adjoining lot within 3 metres of its rear boundarymust be considered as recreational private open space even if the adjoining lot is vacant.
Where sunlight to the recreational private open space of an existing dwelling is reduced, at least 25 square metreswith a minimum dimension of 3 metres of recreational private open space should receive a minimum of 5 hours ofsunlight between 9 am and 3 pm on 22 September. The 25 square metres minimum area with a minimum dimensionof 3 metres can be measured in different locations during the day provided the area is always recreational private openspace.
1.16 Overlooking (regulation 419 and clanse 54.04-6)
Any overlooking of a habitable room window or secluded private open space of an existing dwelling on an adjoininglot must be in accordance with regulation 419 (Overlooking) in Part 4 of the Regulations and clause 54.04-6 in theScheme, except as specified below.
A habitable window or raised open space of a building on a lot must not provide a direct line of sight into an areawithin 5 metres of the rear boundary of an adjoining vacant lot.
Where a screen is provided to stop a direct line of sight into a habitable room window or to secluded private openspace of an existing dwelling on an adjoining lot or within 5 metres of the rear boundary of an adjoining vacant lot, itmust be constructed of either timber slats with a painted or clear finish or aluminium slats with a powdercoat finish.
1.17 Daylight to habitable room windows (regulation 420 and clause 54.05-1)
The provision of daylight to a habitable room window must be in accordance with regulation 420 (Daylight to habitableroom windows) in Part 4 of the Regulations and clause 54.05-1 in the Scheme, except as specified below.
Page 5
For the purposes of regulation 420 and clause 54.05-1, clear to the sky means an unroofed area, an area roofed with amaterial that transmits at least 90 per cent of light or an area roofed with eaves, fascias and gutters not exceeding 300millirnetres in total width.
1.18 Private open space (regulation 421 and clause54.05-2)
A dwelling on a lot must provide private open space as specified in regulation 421 (Private open space) in Part 4 of theRegulations and clause 54.05-2 in the Scheme.
1.19 Solar accessto open space (clause54.05-3)
Solar access to open space must be in accordance with clause 54.05-3 (Solar access to open space) in the Scheme.
1.20 Designdetail (clause54.06-1)
Design detail must be in accordance with clause 54.06-1 (Design detail) in the Scheme, except as specified below.
1.20.1 One storey only
A building on a lot marked with' ... ' on the building envelope plan must not exceed one storey above natural groundlevel.
1.20.2 Multiple storeys
...A building on a lot marked' ...' on the building envelope plan must have at least two storeys above natural ground level.
1.20.3 Garages
A dwelling on a lot must be provided with either:o a double garage which must not exceed 7 metres in width measured internally and with a maximum garage
door width of 5 metres; oro a garage which must not exceed 4 metres in width measured internally and with a maximum garage door
width of 3 metres.
A garage must be constructed at the same time as the dwelling.
1.21 Fencing (regulations424 to 430 and clause54.06-2)
All fences must be in accordance with regulations 424 to 430 in part 4 of the Regulations and clause 54.06-2 in theScheme, except as specified below.
A fence must comply with the following standards.o Fences are prohibited in any area forward of the front building line or 500 millimetresbehind the front building
line.o Side fences within 4.5 metres from the front boundary are prohibited except on a lot with a side boundary that
forms the rear boundary of an adjoining lot, in which case the side fence on that boundary must extend up tothe side street boundary fence of the adjoining lot.
o Side boundary fencing (abutting a street or public open space) must not exceed 2 metres in height and mustnot exceed a maximum 60 per cent of the side street boundary, between the front boundary and the rear
Page 6
boundary, commencing at the rear lot boundary. The rear fence abutting the side street fence must match theside street fence for a minimum length of 4 metres from the side street boundary.
• Any return fencing that addresses the street frontage must not exceed 2 metres in height and must be set backat least 500 millimetres from the front building line.
• All other interlot side and rear fences must be of timber paling construction.• Barbed wire is prohibited.
1.22 Sustainability
A dwelling must be designed in accordance with the sustainability requirements set out in the Design Guidelines.
1.23 Clothes drying and airing facilities, cooling and heating plant, aerials or satellite dishes and similarservice facilities
A clothes drying or airing facility, cooling or heating plant, aerial or satellite dish and similar service facilities visiblefrom any street or public open space are prohibited.
1.24 Dwelling Size
The width of a dwelling on a lot, where forward of or equal to the maximum front setback (excluding verandahs,porches, pergolas, balconies, shading devices, bay windows, eaves, fascias, gutters and masonry chimneys) must beequal to or greater than 75 per cent of the allowable building envelope width as measured at the frontage.
1.25 One dwelling on a lot
One dwelling only may be constructed on the lot.
2 Noteson thisMCP
2.1 In the case of conflict between the plan and these written notations, the specifications in the writtennotations prevail.
2.2 Ground level after engineering works associated with subdivision is to be regarded as natural ground level.2.3 Buildings must not cover registered easements unless approved by the relevant authority (refer plan of
subdivision).2.4 Edge lots are those lots that are part of the same certified plan of subdivision but share one or more common
boundaries with or otherwise adjoin a lot that is not part of the same certified plan of subdivision. Regulation406 in Part 4 of the Regulations and clause 56.04-2 in the Scheme, apply to each edge lot irrespective ofSection I of this MCP.
2.5 Mirvac provides each lot with a single crossover. The relocation of a crossover is only permitted on a lot thatdoes not have an ' X ' on the crossover to that lot (on the building envelope plan) and with prior approval fromMirvac and Knox City Council. Relocated crossovers must be constructed at the lot owners expense inaccordance with Knox City Council specifications and be of the same finish as that originally provided byMirvac. The existing crossover must be removed and the verge, kerb and footpath constructed to the samestandard as the adjoining verge, kerb and footpath at the expense of the lot owner.
2.6 An increase in width of a crossover is only permitted with prior approval fromMirvac and Knox City Council.Extended crossovers must be constructed at the lot owners expense in accordance with Knox City Councilspecifications and be of the same finish as that originally provided by Mirvac.
Page 7
3 General definitions
In this MCP:
(1) approved building envelope means the building envelope shown for a particular lot in the BuildingEnvelope Plan and has the same meaning as in regulation 406 of the Regulations;
(2) building has the same meaning as in the Building Act;
(3) Building Act means the act of the Victorian Parliament known as the Building Act 1993 and any reenactment or replacement of that act;
(4) building envelope means an area within each lot (defined by the particular lot setbacks) wheredevelopment of a dwelling, shed or garage is allowed subject to the particular provisions of thisdocument, and the Scheme;
(5) building envelope plan means the plan which is attached to this MCP and which shows the ApprovedBuilding Envelopes, certain setbacks and other related matters for the lots within the plan ofsubdivision (refer to the plan of subdivision for easement details);
(6) building permit means a building permit in terms of the Building Act;
(7) clear to the sky means an unroofed area, an area roofed with a material that transmits at least 90 percent of light or an area roofed with eaves, fascias and gutters not exceeding 300 millimetres in totalwidth;
(8) control includes a restriction in terms of the Subdivision Act 1988, an agreement under section 173 ofthe Planning and Environment Act 1987 (PE Act), a provision of an Act (other than the Building Act),a regulation (other than the Building Regulations), a requirement ofa referral authority (in terms ofsection 55 of the PE Act) or an order of a Court or tribunal, which relates to the siting of a Building;
(9) corner lot is a lot marked with a '0' on the building envelope plan and means a lot with a comerwhere each boundary connects to a street or public open space;
(10) Design Guidelines means the Harcrest Design Guidelines prepared by Mirvac, as amended from timeto time;
(11) dwelling has the same meaning as in the Scheme;
(12) frontage has the same meaning as in the Scheme;
(13) habitable room has the same meaning as in the Scheme;
(14) height has the same meaning as in the Regulations;
(15) identifier code is the code notated on the plan identifying which height and setback profile is to beapplied to a particular boundary;
(16) lot has the same meaning as in the Building Act;
Page 8
(17) Mep means this memorandum of common provisions;
(18) north (true north) has the same meaning as in the Regulations;
(19) on the boundary means a setback of up to 200 millimetres from the lot / property boundary is deemedto be on the boundary;
(20) plan of subdivision means plans of subdivision number PS648226J;
(21) private open space has the same meaning as in the Regulations;
(22) raised open space has the same meaning as in the Regulations;
(23) recreational private open space has the same meaning as in the Regulations;
(24) Regulations means the Building Regulations 2006 or any subsequent regulations made pursuant to theBuilding Act which relate the siting of a Building;
(25) Scheme means the Knox Planning Scheme;
(26) secluded private open space has the same meaning as in the Regulations;
(27) setback has the same meaning as in the Regulations;
(28) side boundary means a boundary of a lot that runs between and connects the street frontage of the lotto the rear boundary of the lot;
(29) single dwelling has the same meaning as in the Regulations;
(30) site coverage has the same meaning as in the Regulations;
(31) storey has the same meaning as in the Scheme;
(32) Mirvac means Mirvac Victoria Pty Ltd;
(33) street, for the purposes of determining street setbacks, means any road other than a footway orcarriageway easement; and
(34) window has the same meaning as in the Regulations.
Page 9
4 Diagrams and plans
4.1 Explanation of symbols and terms in diagrams and plans
Notations
SP-01SP-02SP-03SP-04SP-05SP-20
Building envelope profile to be applied to theparticular boundary (refer attached BuildingEnvelope Plan)
o )((0'0" O"'OW'Y
'" [.""o'b.Ko"d
Special lot requirements (refer to text)
Lot number0001
Designated vehicle crossover to lot (no othervehicular access point is permitted to a lot,except with the approval of Mirvac andKnox City Council)
Particular Lot Requirements for Stage 6
Nil
Detailed design of roads, crossovers and footpaths is provided in the relevantengineering plans.
A lot may contain an easement which may reduce the building envelope( refer plan of subdivision for easement details)
Detailed design of landscape works is provided in the relevant Landscape Plans
All details are subject to Knox City Council approval.
Page 10
4.2 Diagrams illustrating the interpretation of the building envelope and the annotation with respect to all edgelots in this stage development
THEBU/WING ENVELOPES ONALL LOTS LOCATED ON THEBOUNDARY OF THISDEVELOPMENT STAGE(EDGE LOTS) ARE ENDORSED BY KNOX CITY COUNCIL AS APPROVED BU/WING ENVELOPES.
I~_ Designated vehicle------+-----1- crossover to lot
DVC
en"IJ
~
SP-01
en"IJb""
0001 i\-Change point in setbackprofile type with locatingdimension
en"IJ,~
Lot number
SP-03
Page 11
Building envelope height andsetback profile identifier code
Building envelope height andsetback profile identifier code
4.3 Profiles referenced in the plan of subdivision
/ 4.0m
r--------- ~IIIIIIIIIII
Streetsetbackprofile-l-----~IIIIIIIIII
Allotmentboundary~
SP-01
Eo0')
EASEMENT REQUIREMENTWhere a profile when applied covers an easement, as shown on the plan of subdivision, the portion of theprofile above the easement cannot be considered for approval! built upon, which includes any eaves or otheroverhangs.This may vary only in the circumstances where building on the easement receives prior written consent of therelevant authority.
o 05 , 15 2 ?5
Page 12
4.1m ,
r--------- ~//////
(----------------"/1'II
Setback profile--+---+-'1IIII
Allotment boundary ~
1m 1m~¥-¥
/
2.1m,/
Eto('I')
, /
;- - _j --------c'"/ , E
(1)
to
Eo(1)
, /, /
SP-02EASEMENT REQUIREMENTWhere a profile when applied covers an easement, as shown on the plan of subdivision, the portion of theprofile above the easement cannot be considered for approval I built upon, which includes any eaves or otheroverhangs.This may vary only in the circumstances where building on the easement receives prior written consent of therelevant authority.
o 05 , 15 2 25
Page 13
Setbackprofile--f------~~
Allotmentboundary ~
3.0m ,
-------~
Eo0)
. ,,
SP-03EASEMENT REQUIREMENTWhere a profile when applied covers an easement, as shown on the plan of subdivision, the portion of theprofile above the easement cannot be considered for approval I built upon, which includes any eaves or otheroverhangs.This may vary only in the circumstances where building on the easement receives prior written consent of therelevant authority.
c 05 1 15 2 25
Page 14
Setback
/ 4.1m ,, ./
1m 1m 2.1m/ , /
~( ~"- ./
r--------- ~///
///r I 1'\
I
profileI
~I EIundary ~ I 0
I E 0)
( / '\ 0)I c.oII EII c.oI (")
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Allotment bo
SP-04EASEMENT REQUIREMENTWhere a profile when applied covers an easement, as shown on the plan of subdivision, the portion of theprofile above the easement cannot be considered for approval I built upon, which includes any eaves or otheroverhangs.This may vary only in the circumstances where building on the easement receives prior written consent of therelevant authority.
o 05 , 15 2 25
Page 15
Allotment b
/ 5.1m ,, ,
2m 1m 2.1m,/ ¥-¥"- ,
r--------- ~///
///r /1"
II
oundary ~ III EI
k profile 0I E 0)
( /" 0)I coII EII coI C")
III ' , '" ,,
Street setbac
SP-05EASEMENT REQUIREMENTWhere a profile when applied covers an easement as shown on the plan of subdivision, the portion of theprofile above the easement cannot be considered for approval I built upon, which includes any eaves or otheroverhangs,This may vary only in the circumstances where building on the easement receives prior written consent of therelevant authority.
c 05 1 I s 2 25
Page 16
Setback
/ 4.1m ,"- ./
)m1m1m.._-¥-¥ ;
r--------- ~/////I 71\.I
profileI
> III E
undary ~ II 0I E 0'),-_j
" 0')I c.oII EII c.oI C")
III ,/ ,/ -, /
Allotment bo
SP-20EASEMENT REQUIREMENTWhere a profile when applied covers an easement, as shown on the plan of subdivision, the portion of theprofile above the easement cannot be considered for approval I built upon. which includes any eaves or otheroverhangs.This may vary only in the circumstances where building on the easement receives prior written consent of therelevant authority.
o 05 1 15 2 ~5
Page 17
4.4 Plan showing building envelope height and setback profile identifier code
03
04
o( I401 402 450
400 403 44' I1 399 404 448 r398 405
397 ... 447
396 407 44'
39' 408 44' I394 409, 444 I393 410
392 411 443
391 412 442-a,s
1.-.390 413 441
369 414 440 ,368 415 439 \367 416
436386 417
~ l38' 416 437
384 416 436
383 420
'"" 421 435
~ 368 361 422 434I 423369 380 433!~ 370 379 ~
424432
i 371 378 425 II 431372 377 426
373 376 427 430 i374 37' [ 426 429 ) -
02
STAGE 6
STAGE 6KEY TO SHEETS
Page 18
05
06
07
08
ARTESIAN AVENUE
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Page 19
SHEET 01
SP-04 17.5m SP-02
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Page 20
SHEET 02
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Page 21
SHEET 03
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Page 22
ARTESIAN AVENUE
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Page 24
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Page 25
SHEET 07
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Page 26
Harcrest Design Guidelines
11044522/2
CONTENTS
1.0 The Harcrest Vision 2
2.0 Purpose of Guidelines 3
3.0 Mirvac Homes and Medium Density Development 3
4.0 Approval Process 4
5.0 Style Guide 5
Design Vision 5
Style Control 1 ~Fa~adeDesign 6
Style Control 2 - Materials 7
Style Control 2.1 - Roofs 7
StyleControl 2.2-Walls 8
Style Control 3 - Colours 10
Style Control 4 - Ornamentation 12
Style Control 5 - Landscape 14
Style Control 6 - Fencing 15
Style Control 7 - Letterboxes 16
6.0 Facade Replication 17
7.0 Services & Ancillary Items 18
8.0 Sustainability 19
9.0 Front Yard Planting Schedule 20
1.0 THE HARCREST VISION
Mirvac is one of the leading brands in theAustralian residential property market consistentlydelivering innovative and quality developments.
Harcrest is the next evolution in communitydevelopment and willsee the former AustralBricksquarry on Stud Road in Wantirna Southtransformed into yet another of Mirvac'saward winning masterplanned communities.Harcrestwill embody the highest standards ofneighbourhood character and amenity whilstpromoting sustainable living through landscapeand design initiatives.
With sweeping views to the Dandenong Ranges,Harcrestoffers a rare chance to purchase primeland within the coveted, well established Cityof Knox. Harcrest provides the opportunity tobuild or purchase your dream home within acontemporary masterplanned environment,where amenity, parks and landscaping have beencarefully planned to enhance your lifestyle andprotect your investment.
The Harcrest neighbourhood will offer a premiumliving environment nestled amongst the existingnetwork of neighbourhoods in the area.The visionfor Harcrest is defined by lush landscaped openparklands, interconnected by a carefully laid outframework of streets, landscape vistas, pocketparks,and a broader pedestrian and bicycleaccesssystem. Sustainabillty of the landscapeenvironment is achieved through water sensitiveurban design which ensures that the landscaperemains irrigated all year round. With total publicopen space of 6.8 hectares, the extent and qualityof landscaping is to be a cornerstone on which theestate's reputation will be built.
The topography of the local area positionsHarcrest along the east face of a gentle rise,whichwill allow breathtaking views of the surroundinghills and valleys of the Dandenong Rangesto beenjoyed from acrossthe site.
On arrival at Harcrest, contemporary homesand landscaping will form the gateway to theneighbourhood providing a reference to theinternal architecture and landscape treatments.The main tree lined boulevard offers sweepingviews of the Dandenong Rangesin the distancewith the lake and wetlands in the foreground.
A vibrant neighbourhood village incorporating acafe,convenience store and other amenities willfeature outdoor spacesflowing acrossto the largepark adjacent and the open landscape spacesbeyond.
A focus on contemporary design and naturalcolours and materials will ensure that all homes,regardless of size,will work together to createa cohesive streetscape that is integrated withlandscape.The masterplan, landscaping andarchitecture combines to create a senseof placeat all levels and to form a cohesive community.Owners will have absolute pride in their home andthe community in which they live and homes andstreetscapeswill continue to present well longafter the development is complete.
2
2.0 PURPOSE OF GUIDELINES
Thesedesign quldellnes have been prepared toassistyou in the design of your new home and toensure the quality of the Harcrest neighbourhoodis maintained in accordance with the designvision for the development. The aim is to protectyour Interests and ultimately your investment bycarefully controlling housing design.
The HarcrestDesign Guidelines and approvalprocesshave been established to achieve the bestresults within a minimum timeframe and at theleast cost to you. Inorder to ensure compliancewith the principles and objectives of the HarcrestDesign Guidelines, they will be referred to on yourtitle and will form part of your building approvalprocess.Where discrepancies occur, the termsand concepts presented in the Harcrest DesignGuidelines shall be as interpreted by the MirvacDesign Committee.
3.0 MIRVAC HOMES ANDMEDIUM DENSITY DEVELOPMENT
Within Harcrest there will be medium densitylots (lessthan 300m2) and homes constructedby Mirvac prior to the issueof titles. The designand set-out of these houses will have separatedesign controls to those set out in the HarcrestDesign Guidelines and Memorandum of CommonProvisions. In both instances the houseswill beassessedby the Mirvac Design Committee andwill be designed to complement the individualhomes built within the estate.
4.0 APPROVAL PROCESS
Harcrest lies within KnoxCity Council's Residential1 Zone (RlZ). Under this zoning, lots greaterthan 300m2 do not require a separate planningapproval. Your design will however be requiredto meet various planning restrictions whichare registered on your property title in theMemorandum of Common Provisions.Theserestrictions replace Part 4 of the buildingregulations, and define a building envelope andother design and siting requirements specific toyour lot. A copy of the Memorandum of CommonProvisionsthat applies to your lot can be obtainedfrom Mirvac. Compliance with the Memorandumof Common Provisions will be assessed as partof your building permit application by yourbuilding surveyor. Items which are covered bythe Memorandum of Common Provisions areexcluded from the Mirvac Design Committee'sapproval. It is important to note that unlike Part
4 of the building regulations it is not possible tovary the standards contained in the Memorandumof Common Provisionswith a report and consentfrom the municipal building surveyor.
Under the Memorandum of Common Provisions,and asa condition of your land purchase contract,approval from the Mirvac Design Committeemust be obtained prior to constructioncommencement. This approval is applicable toall land lots and comprises assessmentagainstthe HarcrestDesign Guidelines. In addition to theMemorandum of Common Provisions,there arealso restrictive covenants that apply to all lotswithin the estate which must be complied with.
The home builders on display at Harcrest have aselection of house types which have been preapproved by the Mirvac Design Committee.
Land Purchase, Design Approval & Building Approval Process
Step 4Building Permit
StepSBuild
Step 1 - Buy:> Purchase your selected lot from Mirvac
Step 2 - Design:> Ensure your architectlbuilder/deslgner is aware of the requirements to
comply with the Harcrest Design Guidelines and the Memorandum ofCommon Provisions.
Step 3 - MDC Assessment:> Submit your house deSign to the Mirvac Design Committee for
assessment.
:> Ensure your submission contains all required Information, Includingsubmission fee and completed application form.
:> Ifyour design is refused, you will receive a refusal notice outlining thereasons for non- compliance Your design Willneed to be revised andresubmitted in full.
Step 4 - Building Permit:> Your building surveyor Willrequire your home design to comply with
the Memorandum of Common Provisions and associated BuildingEnvelope Plans and the approved stamped plans and certificate fromthe Mirvac Design Committee.
:> Ifany design modifications are made, you will be required to resubmitplans to the Mlrvac DeSign Committee.
Step 5 - Build:> When you have building approval from your Building Surveyor you are
ready to start construction.
:> Construction must commence within 12 months of serthnq on your lotand must be completed within 12 months of commence~ent.
:> Landscaping to the front of your lot must be complete withIn 90 days ofissue of the Certificate of Occupancy
4
5.0 STYLE GUIDE
Design VisionMirvac's vision for Harcrest is one of acontemporary village. Its senseof place stemsfrom a combination of landscape and openspaceand contemporary architecture in acomplementary mix of forms. Natural materialsand neutral colour tones integrate with thelandscape environment to create a timelessstreetscape.
The Manchester courtesy of Porter Davis Homes
The Cayman courtesy of Porter Davis Homes
A contemporary vision for the individual housefacades will be achieved through simple formsand well proportioned elements combined witha controlled use of materials and colours asindicated by the images below.
All housesmust in the opinion of the MirvacDesign Committee complement the desireddesign vision.
The Bellino courtesy of Metricon
The Whittaker Courtesy of Metricon
Note:1magesthroughout this document are for Illustrationpurpose only.Mlrvacdoes not warrant that designs shown In Images comply with all aspects ofthe HarcrestDesignGuidelines.
5
Garage panel liftdoor recessed andminimised inwidth
Style Control 1 • Fa~ade DesignObjectives
> Toensure house designs are contemporary Inapproach and exclude references to historicalstyles or reproductive decorative details.
> Toencourage a combination of single anddouble storey homes to create a variety ofmassing in the streetscape.
> Toensure homes arewell articulated andproportioned in order to reduce the overallmassof the building.
> To achieve a high level of street surveillance bythe promotion of street facing windows.
> To ensure all corner lots which have any facadefacing a street, lane, park or other open spaceare designed such that all sides present wellwhen viewed from public areas.
> Tominimise the impact of garage doors anddriveways on the street by locating vehicularaccessappropriately
Control
> Eachhome must have a front entry located onthe street facing facade of the house,which isvisually significant and clearly visible fromthe street. Any glazing in the front door must belinear in shape.
> A home on a corner lot must be designed toaddress (at each level) each of the front andside streets and any adjacent public open spacewhich may include the following treatments:
Addition of windows which match the styleused on the front facade and are aligned tomatch between upper and lower floors orwindows which wrap around the corner ofthe facade:
Material variation between upper and lowerstoreys (for double storey homes); or
Significant articulation to the side facadethrough the useof pop-outs, balconies,bay windows, pergolas and othersimilar elements.
> Blank walls facing a side street or public openspace are prohibited. A wall which is greaterthan 12m in length must include additionalwall articulation and additional roof articulationmust be provided where the length exceeds16m (through gables and/or verticallyaccentuated hipped roof sections).
> Walls over 8m in length on any elevationwithout windows or articulation are notpermitted.
> Side fencing and/or landscaping to corner lotsmust be carefully considered and articulated toadequately screen the courtyard & side facade.
> All corner treatments will be reviewed by theMirvac Design Committee and additionaltreatments may be required to ensure all homeslocated on corner lots present strongly topublic areas.
> A minimum of 450mrn eavesmust be providedfor houseswith pitched roofs. For single storeyhomes, eavesmust be provided to the streetface (or both street faces on a corner lot) andreturned a minimum of 3m. Eavesare notrequired to the front or side of a garage where itis constructed on the boundary. Eavesmust beprovided to all sidesof a double storey house.(Referto figure 3)
> Roof pitches for roofs which are not hidden by aparapet must be between 17.5and 25 degrees.
> Garage door profiles must reflect the characterof the facade and no historical decorativeornamentation is permitted. The colour ofgarage doors must complement the paletteused on the house facade. Panel lift or tilt typedoors are encouraged. Roller type doors areonly allowed where not visible from the street orpublic reserves.
w.:0:1A.)0-;J.,~"'J__ •Figure 1 Facade that achieves the desired outcome
TheHudson courtesy of Metricon
6
Roofpitch' 7.50~250
450mm min. eaves topitched roof
Wellproportionedarticulation to facadeusing balconies,stepping of form,feature blades and awell defined front door
Figure 2 Acceptable Corner Treatments
Zero Lot ...
Garage on boundaryeaves to remainder ofstreet face and returnedmin 3m on one side
Garage off boundary- eaves to entire streetface and returned min3m on each side
Figure 3 Extent of eaves required on single storey,pitched roof homes
Style Control 2 •MaterialsStyle Control 2.1 - Roofs
Objectives
> To encourage simple and well proportionedroof lines to create shadow and interest tothe facade,
> Toencourage a range of contemporary rooflines within a streetscape.
Control
> Roofsmust be finished in one of the followingmaterials listed below in either a charcoal, greyor brown:
Terra-Cotta or concrete roof tiles ina flat profile
Matt finished or non reflective metaldeck roofing
Shingle or slate type roof tiles
> Steel roof tiles and galvanised metal deck arenot permitted
> No domes, turrets or spires are allowed.
> Where flat roofs of lessthan 17.5degrees areused then a parapet must fully conceal the rooffrom all angles visible from the street.
> A roof fully concealedfrorn view with parapetsto all sides does not n'eedto comply with thematerials listed above. ~
> All g,Utter,anddown pipe profiles or treatmentsmust complement the design of the;home andbe consistent with the colour palette providedin Figure 9.
7
Style Control 2.2 Walls
Objectives
> To encourage the use of masonry and renderedmasonry finishes to ground floor walls.
> To promote a controlled variety of materials andcolours which complement the landscaping tothe public realm and soften the streetscape.
Control> Acceptable wall materials include:
Face brickwork (untreated)
Face stone
Painted Render - Over masonry, fibrecement sheet, foam or Hebel cladding
Painted weatherboards
Painted fibre cement sheet cladding
Clear finished timber sheets or boards
Other finishes will be considered ontheir merits
> Unacceptable wall materials include:
Face blockwork (unfinished)
Metal cladding
Alucobond or similar
Folded sheet metals
Corten finish
Material 1 MaterIal 2 Material 3 Material 4
Figure 4 Example of maximum use of 4 m terials to street facade
(Refer to Figure 6 and 7 for guideline selectionpalette for masonry and lightweight materials)
> A combination of complementary materialsand colours must be used to all walls facing astreet or park - with a minimum of 2 and up to amaximum of 4 materials used to compose thesefacades. (Refer to figure 4)
> A limit of 75% total wall coverage (excludingwindows/openings) applies to the use of anyone material or colour. A 100% face brick finishwill not be approved. (Refer to figure 5)
> External walls that are not visible from the streetor park must be constructed in colours andmaterials consistent with the front facade of thehome.
> Obscure glazing is not allowed on windowsfacing a street.
> All external wall finishes must be approved bythe Mirvac Design Committee.
> The masonry colour selection palette providesan indication only of acceptable brick coloursand selections are not limited to these bricks.Red toned bricks will not be permitted bythe Mirvac Design Committee.
2S%of another material Maximum 7S%of one material
L__
Figure 5 Example of control of 75%max mum use of one materialto street facade
8
Light Masonry Colour Range
Austral Urban OneNougat
Mid Tone Masonry Colour Range
Austral HomesteadMushroom
Boral Nuvo AspireMoss
Boral Nuvo AspireMist
Boral Nuvo AspireCoco
Austral SymmetryGrey
Austral AccessFawn
mBoral Smooth FaceCinnamon
Boral ElanRiversideBeaurnond
Dark Masonry Colour Range__..__.-- -- -- -- -___ •__ 1__ •__ 1__-_._---_. __ .__.---.--1__.__1_-.... ,..-- ,.._ ... -. "'"iiiiiiii-_ •Austral ElementsGraphite
Austral AccessChestnut
Boral Nuvo AspireStorm
Figure 6 Masonry colour selection palette
Plain Panel Range
James HardieEasyJap
Horizontal Panel Range
James HardieScyen linear
James HardieHardttex
WeathertexPrimelok
Figure 7 light weight material selection guide
BoralLabassa
Vertical Panel Range
James HardieScyon Axon
Gridded Panel Range
James HardieScyon Matrix
9
Boral Nuvo AspireMangrove
WoodformExpression Cladding
James HardieHardiflex
Style Control 3 • ColoursObjectives
> To promote a controlled variety of colours whichcomplement the landscaping to the publicrealmand soften the streetscape.
Control
> Proposed colour schemes must reflecta contemporary design approach thatcomplements the design vision and must beconsistent with colour palettes outlined infigures 8 & 9.
> Overly bright or fluorescent colours will notbe allowed.
> If used, accent or feature colours are to be amaximum of 10% of the areaof the main facade.
Secondarycolour Feature colour Accentcolour Maincolour<10%
> As described in Style Control 2 - Materials, a limitof 75% total wall coverage (excluding wlndowslopenings) applies to the useof anyone materialor colour. A 100%single colour street facade willnot be approved. (Referto figure 8)
> Colours for the main elements of the streetfac;:adeare limited to four in total.
> Ancillary items such as roof plumbing, pergolas,balustrades and other minor architecturalfenestration items must be of a similar colour toone of the selected fac;:adecolours.
> All colour schemesmust be approved by theMirvac Design Committee.
Figure 8 Illustration of a recommended proportional use of colour apph d to the house facade facing the streetReferto figure 9 for the colour palette guide to each zone
10
Main Colours
White TItanium White Alabaster Asian Ivory DoeWnite Tennessee Dawn Vienna Creme Kosciusko Pebble ColorbondShale Grey
Secondary I Feature Colours
Colorbond Dune RockOyster Castle Grey Retro Avocado Smooth Horizon ColorbondSandbank
Hessian Havanna Cotton ColorbondBushland
Colorbond African TribeW1ndspray
Urban Grey Thunderbolt Cafe Nair ColorbondWoodland Grey
Gravel ChipIronstone
Colorbond Grey Ember
Accent Colours All paint colours Wattyl
Kashmlra Orade Bone Tuscan Bone Scorpion Imperium Midnight Seas
Timber Colours Quantumm Aquaoil
Port sea Sand light Cedar Elephants Breath
Figure 9 Colour palettes
11
Style Control 4 •OrnamentationObjectives
> To promote a variety of building elements suchas porches, balconies, pergolas and architecturalscreensto encourage articulation of the facadeand interest to the streetscape.
.,
I
Control
> Security doors must be of a contemporarydesign coloured to match window frames.Diagonal grid types or privacy meshwill not beapproved. (Reier to figure 10)
> Security blinds or shutters are not permittedto windows and doors which are visible fromthe street.
> Ornamentation must be contemporary indesign and complement the home. No historicalstyles or details will be permitted (eg.arches,fretwork, decorative columns, mouldings,animal ornaments, gargoyles, etc).
> Obscure glazing in street facing doors orentrance windows must be submitted to theMirvac Design Committee for review. Excessivelydecorative glazing will not be permitted .
x xFigure 10 Acceptable styles of security front door screens
12
Balustrade detail
Feature blades & columns
Gable roof infilldetail
Pergolas
~r:J--L-l------l---- :-_ --:._-
/~U~;~~~~Feature screens
Figure11 IIIustration of acceptable ornamentation to facades
.........11~13
Style ControlS. LandscapeObjectives
> To achieve appropriate contemporary landscapetreatments to the front of all homes.
> To define individual lot boundaries from thepublic realm.
> To minimise the area of hardstand (e.g.driveways and paving) and maximise theamount of garden, particularly In areasthat facestreets or parks.
Control
> Landscapematerials may include:
Turf
Planted garden beds
Masonry or clay pavers
Natural crushed stone, sand or gravel
Coloured concrete
Exposedaggregate
Red Gum sleeper retaining walls
> Consideration must be given to easements forplanting restrictions, particularly in respect oftree plantings.
> landscaping that is visible from streets or parksmust complement the design vision and mustcorrespond to one of the three design themesNative,Traditional or Contemporary.
> Planted beds are encouraged to define the frontlot boundary. Hedges must not exceed 1.5min height.
> The front of each lot should have at least twotrees of minimum1200mm height when firstplanted. The remaining surfacesother thandriveway and pathway should primarily consistof turf and soft landscape garden beds.
> A minimum of 300/0of the softscape areasmustbe planted garden beds,with plant spacings ata maximum of 600mm centres.
> Landscapematerials and colours mustcomplement the home and be of a consistenttheme.
> A minimum of75% of plants used are to beselected from the recommended PlantingSchedule. All other plants will be reviewed ontheir merits but consideration should be givento the sultablllty of the proposed plants to thesurrounding site conditions. (Referto section 9).
> Driveway paving must be finished in exposedaggregate or paverswhich complement thehome or charcoal coloured concrete.
> Driveways must not exceed a maximum widthof 3.5m for a single garage and S.Smfor adouble garage.
> Excluding the driveway area the front yard areamust have a minimum of 60% soft landscaping.
> Existing retaining walls cannot be alteredwithout the approval of the Mirvac DesignCommittee.
> Any proposed retaining walls which will bevisible from the street must be set back aminimum of SOOmmfrom title boundary andthe area in front of the retaining wall must beplanted asgarden bed (max 600mm centreplantings).
> If visible from the street, retaining walls must beno greater than SOOmmin height. Where furtherretaining is required, walls must be stepped atleast SOOmmapart with planting in between.
> All retaining walls which are visible from thestreet must be timber, masonry or paintedrender and finished to match house facadecolours unless otherwise approved by theMirvac Design Committee.
> All areasvisible from streets must be completelylandscaped (including all turf, soft landscaping,driveways, and pathways) within 90 days ofissueof a Certificate of Occupancy.
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I II II I
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Style Control 6 • FencingObjectives> To promote an open and spacious streetscapewhilst maintaining private amenity.
> To minimise the need and visual Impact of highfences facing streets and parks.
> To ensure fencing styles are contemporary andconsistent with the design vision.
Control
> Ifvisible from a street or park, the tops of fenceson sloping lots must be horizontal, with verticalsteps in gradual increments to achieve theheights specified.
> Front Fence - Fences forward of the front of thehouse are not permitted. Hedges to a maximumof 1.5mare permitted to define the frontlot boundary.
> Return (or'slde wing') Fence - Fences enclosingthe rear private space must be set back aminimum of SOOmmfrom the front ofthe house.
> Side and Rear Fences Facing a Street or Park- side fences facing a street or park must notexceed 60% of the side boundary. The rear fenceabutting the side street fence must match theside street fence for a minimum length of 4.0mfrom the side boundary. Side street fences mustbe set back a minimum of 500mm from the lotboundary. (Refer figure 12)
All side and rear fences facing public areas mustbe a minimum of 1.5m and a maximum of 2.0min height and must be constructed of painted orstained timber, face brick or rendered masonry andmust be a design and colour that Is consistent withthe home design and colour palette in Figure 9.
Acceptable types of side and rear street and parkfacing fences include:
--.,--'
Masonry and timber Timber battens
I 'I II II
II I'
~I 1'1 R "roo"~--~--~--------~Setbilcktence . - .-~
SOOmm III JI tI rI, I..\\"","_._--
/'I Figure 12 illustration of fence definition
Timber paling
Side and Rear Boundary Fences - any fence that isbetween lots on the side or rear boundaries andis not visible from the street or parks must be oftimber paling construction and have a minimumheight of 1.8m and a maximum height of2.0m.
Side fences within 4,Sm of the front boundaryare not permitted except on a lot where the sideboundary forms the rear boundary of an adjoininglot, in which case the side fence on that boundarymust extend up to the side boundary fence of theadjoining lot. (Refer Figure 12)
15
Style Control 7 • LetterboxesObjectives> To ensure letterboxes are designed tocomplement the facade and streetscape.
> In accordance with the design vision, designsmust be contemporary in approach and excludereferences to historical styles or reproductivedecorative details.
> Boxon post letterboxes must be submitted tothe Mirvac Design Committee for Approval.
> Letterboxes must include provision for lettersand rolled newspapers.
> The position of letterboxes must be compliantwith Australia Post guidelines which requireletterboxes to be placed on the front boundary.clear of obstacles such
Control
> Letterboxesmust be contemporary in style andfinished in materials and colours consistent withthe external facade of the home.
Figure 13 Acceptable stylesof letterboxes Uncceptable styles:Historical or over embellished
16
6.0 FACADE REPLICATION
Objectives> To avoid repetition of facade types within thestreetscape.
Control
> A dwelling must not have an identical facadeto another dwelling within four lots in eitherdirection on the same side of the street orwithin three lots on the opposite side of thestreet. (Refer Figure 14)
> In the event that more than one application ofthe same fac;ade design has been submittedfor lots within close proximity, approval will begiven to the first complete application to bereceived. Applications will be assessed strictly inorder of receipt.
> Submissions can be made to the MDC todetermine whether a similar style fac;adeproposed to be used more than once within the4 lot zone is acceptable. Similar facades will onlybe allowed if they are significantly different inappearance, which may be achieved throughvariation of colours and materials.
STREET 11::,,------ ------ -------- -----,------ -,~",-",,-- ------,,
Figure 14 Illustration of required lot separation for houses with the same or similar facades
17
.........................................................................................................................................................................................................
7.0 SERVICES AND ANCILLARY ITEMS.........................................................................................................................................................................................................
Objectives
> Toensure an attractive streetscape ismaintained within Harcrest.
Control
> Water meters and gasmeters must beappropriately screened by landscaping orintegrated into the letterbox design, subject toregulatory requirements.
> Power boxes and meters must not be visiblefrom the street.
> Water taps must be located at or behind thebuilding line and appropriately screened, orincorporated into the letterbox or retainingwall design.
> Satellite Dishes,TV aerials/antennae, ClothesLines,Solar Panels(Hot Water Services&Photovoltaic), SpaPumps,water tanks andheating and cooling plant must be located suchthat they are not visible from the street or parks.
> Solar Hot Water Servicestorage tanks are notpermitted on roofs and must be located atground level.
> SolarPanels(for both hot water service andphotovoltaic) must not be located on roofswhich are facing a street or public open space.Panelscan be located on sidesof roofs whichmay still be visible to public areas.
> Any photovoltaic solar systemwhich generatesgreater than 4.SkWof energy will requireauthority approval prior to connection to theelectricity grid.
> All plant, equipment and other ancillary itemsmust be indicated on the elevations, roof andsite plans submitted for approval by the MirvacDesign Committee.
> Demountable homes or buildings of atemporary nature are not permitted. Exceptionsare temporary site sheds for use duringconstruction and garden sheds and similarstructures concealed from view.
,"\
\,1
8.0 SUSTAINABILITY
Objectives> To set a benchmark for sustainable living and
encourage sustainable initiatives.
Control
To encourage sustainable living, Mirvacrequires each home to conform to the followingsustainable initiatives. This list has been developedin conjunction with Knox City Council to ensure allhomes comply with the minimum required STEPsratings.
> 6 star - National Housing Energy Ratingor better.
> Gas boosted Solar Hot Water Service (min 60%efficient) or better.
> SpaceHeating Types:
4 star or better gas furnace; or
Reverse cycle split system alr-condltlonlnq3 star or better; or
Other type of similar performance whichmust achieve Moreland Council's SustainableTools for Environmental PerformanceStrategy (STEPS)Energy and Peakdemandtargets (Report to be supplied).
> Space Cooling:
Evaporative; or
Reverse cycle split system alr-condltlonlnq3 star or better; or
Other type of similar performance whichmust achieve Moreland Council's SustainableTools for Environmental PerformanceStrategy (STEPS)Energy and Peakdemandtargets (Report to be supplied).
> All internal lights to be
Light Emitting D de (LED);and/or
FIuorescent; or
Other type of similar performance whichmust achieve Moreland Council's SustainableTools for Environmental PerformanceStrategy (STEPS)Energy and Peakdemandtargets (Report to be supplied).
> All external lights to be sensor controlled.
> Installation of a 'smart' electricity meter (ClipsalCent-a-Meter or similar subject to approval bythe Mirvac Design Committee).
> 2000L Rainwater tank connected to all toilets(min 25sqm of roof catchment),
> As a minimum the main bedroom ensuite wasteshall be plumbed to allow for future grey watersystem connection. (Further technical detailavailable from Mirvac).
> Tapware - Basin 5 star, we 4 star, Shower4 starWELS.
> Installation of a Compost Bin to the rear garden.
A completed Sustainability Compliance Form mustbe included with your submission to the MirvacDesign Committee. All items on this checklist aremandatory and must be clearly marked on theplans submitted to Mirvac for assessment.
It is acceptable for the following items to beinstalled by the purchaser post construction:
Rain water tank (connection to all toiletsremains a requirement);
Compost Bin;
Air conditioning.
All items must be notated on plans submittedto Mirvac and must be installed prior to Mlrvacrefunding the Completion Bond.
Further information on the STEPs rating tool Isavailable from: www.sustainablesteps.com.au
9.0 FRONT YARD PLANTING SCHEDULE
For front yards to a street one of the followingthree themes must be selected from to base thelandscape design upon. The three styles are:
> Native
> Traditional
> Contemporary
TRADITIONAL PLANTING THEME
Botanical Name
Trees
Magnolia 'Little Gem'
Lagerstroemis indica
Shrubs, Groundcovers and Grasses
Convolvulus maurltanicus
Canna 'Pink Sunburst'
Rosrnarlntus officlnalts
Cassiniaaculeata
Viburnum odoratissimum
Buxus sempervirens
Gardenia 'Professor Pucci'
Abella grandiflora
Uri ope muscari
Viola hederacea
Hydrangea quercifolia
Patersonla occidentalis
Rhaphiolepis 'Spring Time'
Scaevola aemula 'Summertime Blues'
Plant species that are a similarcharacter but arenot listed will be considered on their merits by theMDC.
Common Name
Little Gem Magnolia
Indian Summer
Blindweed
Canna lily
Common Rosemary
Dogwood
Emerald Lustre
English Box
Gardenia
Glossy Abella
Liriope
Native Violet
Oakleaf Hydrangeas
Purple Heart
SpringTime
Summertime Blues
20
CONTEMPORARY PLANTING THEME
Botanical Name Common Name
Trees
Eucalyptus leucoxylon 'Euky Dwarf'
Olea europaea 'Tolley's Upright'
Dwarf Yellow Gum
Tolley Upright Olive
Shrubs, Groundcovers and Grasses
Sedum floriferum 'Angelina' Angelina Sedum
Austral Bugle
Autumn Joy Sedum
Blue Fescue
Hydrangea quercifolia
Sedum floriferum 'Autumn Joy'
Festuca glauca 'Elijah Blue'
Tradescantia pallida Butcher's Broom
Agave attenuata Century Plant
Rosmarinius officinalis Common Rosemary
Salvia officinalis Common Sage
Dwarf New Zealand FlaxPhormium 'Bronze Baby'
Echeveria glauca Firecracker Plant
Doryanthes excelsea Gymea Lily
Liriope muscari Uriope
, Viola hederacea Native Violet
Echeveria pulvinata Plush Plant
~" Patersonia occidental is
Dichondra argentea
Scleranthus biflorus
Purple Heart
Silver Falls
Twin-flower Knawel
Acacia cognata 'Limelight' Wattle, 'Correa alba"
White Correa
21
NATIVE PLANTING THEME
Botanical Name
Trees
Acacia implexa
Eucalyptus leucoxylon 'Euky Dwarf'
Shrubs, Groundcovers and Grasses
Banksiaspinulosa 'Birthday Candles'
Dianella revoluta
Brachyscomemultifida 'Break 0 Day'
Dlanella caerulea 'Cassa Blue'
Dlanella tanika
Myoporum parvifolium
Doryanthes excelsea
Carpbrotus modestus
Anigozanthus tlavidus 'Orange'
Syzigium australe'TinyTrev'
Viola hederacea
Patersonia occidental is
Correa pulchella
Scaevolaaemula 'Summertime Blues'
lomandra tanika
Acaciacognata 'limelight'
Correa alba
Crowea saligna
Common Name
Lightwood
Dwarf Yellow Gum
Banksia
Black-anther Flax-Illy
Daisy
Dianella 'Cassa Blue'
Dianella var. 'Tanika'
Dwarf Native Myrtle
Gymea Lily
Inland Plg!ace
Kangaroo Paw var. 'Orange'
Lilly Pilly
Native Violet
Purple Heart
Salmon Correa
Summertime Blues
Tanika
Wattle
White Correa
Willow Leafed Crowea
22
Harcrest Design GuidelinesVersion 3.0March 2012
Certificate of Environmental Audit
11044522/2
ENVIRONMENT PROTECTION ACT 1970CERTIFICATE OF ENVIRONMENTAL AUDlT
J, Mr Peter J Ramsay of Peter J Ramsay & Associates Pty Ltd, a person appointed by the Environment ProtectionAuthority CU1.CAuthority') under the Environment Protection Act 1970 (tthe Act') as an environmental auditor forthe purposes of the Act, having.
been requested by Ms Megan Kublins ofBrickworks Limited and Mr David Penfold of Mirvac Victoria Pty Lidto issue a Certfficate of Environmental Audit in relation to the site located at Lot3, 525 Stud Road, WentimaSouth, Victoria, being the property described", Lot 3 on Plan of Subdivision 608190E ('the site') owned byTrust Company Ltd;
2 had regard to, among other things,(i) guidelines issued by the Authority forthe ptllJloses of Part IXD ofthe Act,(ii) tile beneficial uses that maybe made of the site, and(iii) relevant State environment protection pOlicies/industrial waste management policies, namely
1:1 State EnvironmentProtectionPolicy(Watersof Victoria);• State Environment Protection Policy (Ambient AirQuality);• State Environment Protection Policy (Air Quality Management);o State EnvirorunentProtection Policy (prevention and Management of Contamination of Land);• State Environment Protection Policy (Groundwaters of Victoria);• Industrial Waste Management Policy (Waste Acid Sulfate Soils);c Environment Protection (Industrial Waste Resource) Regulations;
inmaking a total assessment of the nature and extent of any harm or detriment caused to, or the risk of any possibleharm or detriment which may be caused to, any beneficial use made of the site by any industrial processes oractivity, waste or substance (including any chemical substance), and
3 completed an environmental audit report in accordance with Section 53X of the Act, a copy of which has beensent to the Authority and the relevant planning and responsible authority.
HEREBY CERTlFY that I urn of the opinion that the condition of the site is neither detrimental nor potentiallydetrimental to any beneficial Use of the site.
Other related information:01 Groundwater monitoring undertakenat the site indicates that the naturally elevated nickel, total dissolved
solids, Chloride and bicarbonate concentradons in 111egroundwater would preclude the porential uses of thegroundwater for stock watering. agriculture, parks am gardens and industrial water use. However, tilebeneficial uses of maintenance of ecosystems, primary contact recreation and buildings and structureswould not be precluded.
• Should excavation greater than 5 metres below ground level occur for the installation of below groundinfrastructure, routine health and safety measures should be undertaken.
o Any backfill that is proposed to be imported onto the site must be classified as Fill Material in accordancewith EPA Publication lWRG621 or replacement publications prior to use on-site.
This Certificate fOnTIS part of the environmental audit report: Mirvac Victoria Ply Ltd. Envlromnentol Audit of LandPursuant to Part IXD of the Environment Protection Act 1970, ldirvac Harcres, £0£3) 525 Stud Road, WanumaSouth, Victoria, April2013. Further details regarding the condition of the site may be found in the environmentalaudit report
DATED: ..........~.~....&;!.....i!:-oeENViRO~Q{~oiSIGNED:
Page I of2
o 100m
Approximate Scale
LEGENDLand Subject to Certifioate ofEnvironmental Audit
- Boundary of Land Subject to Environmental Audit
PETER J RAMSAY& ASSOCIATES
525 SledRoad, WanUma South,Victoria Source: Aon-ol Phofogroph Dutao 2'3O~tabor2012 Co!Jrlas/ofNoarttfop Pl'IUd
Page 2of2
Engineering drawings showing, among otherthings, proposed changes to the surface levelof the Land and land in abutting lots
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