Shelley Point - Building Design Manual

Shelley Point Home Owners Association Building Design Manual DATED – 22nd December 2016

PREAMBLES 1.1

CONCEPT The aim is not to re-produce an Estate consisting of West Coast Fishing Cottages, but rather to create a variety of aesthetically pleasing homes, well suited to modern living, that reflect the traditional architectural style of the area by adapting the features such as dark pitched roofs with parapet gables, white painted plastered walls, and simple (if any) decorations.

In order for this goal to be achieved, the aesthetic and other detailed requirements of this manual have to be met.1

1.2

BUILDING DESIGN STANDARDS These requirements are in addition to the regulations and by-laws of the Local Authority and the National Building Regulations. The Developers reserve the right to make any additions or alterations to these Standards that, in their opinion, are necessary to preserve the architectural style and harmony of the Development.

1.3

DESIGN of HOUSES / BUILDINGS To maintain the required Standards, all building work of any nature which requires the submission of Plans to the Local Authority, must be designed by a registered Architectural Practice, Professional Architect or at least a Professional Senior Architectural Technologist. 2

1.4

APPROVAL All proposed building work is to be approved by the Developer, the Shelley Point Home Owners Association (SPHOA) and an independent architect duly appointed by the Developer and SPHOA, for which a scrutiny fee will be charged, prior to submission to the Local Authority.

Any and all alterations which have an effect on the outside appearance (aesthetics) of a property which do not require local Authority Approval, must be approved (in writing) by the SPHOA and, where necessary, the adjudicating architect.3 All building work is subject to the current Building Guidelines applicable at that time. The Guidelines are amended from time to time to clarify interpretation and to remain current with building materials and lifestyle trends. For this reason, a rule that may not have been in existence at the time of purchase of a property in the Estate may be made applicable on a subsequent proposed development. In addition, no existing precedent may be argued for departures from current rules.

Departures will only be considered on merit. Where necessary (in the opinion of the SPHOA) approval of affected neighbours must be obtained. 4

2.

SUBMISSION FOR APPROVAL No buildings, walls, fences or other structures may be erected until the Developer, SPHOA and the Local Authority have approved the plans submitted in respect of the work to be so conducted. The Local Authority will not accept plans for approval which are not approved by the SPHOA. However, should Local Authority Approval be obtained for whatever reason without SPHOA approval, such plans will not be valid or recognised by the SPHOA.5 Five sets of the documentation, signed by the owner, must be submitted.6 2.1

DOCUMENTATION REQUIREMENTS



All plans, elevations and sections are to be dimensioned and drawn to scale.



The following minimum requirements must be submitted to the Shelley Point Home Owners Association:  Site and all floor plans: showing building lines; contours; datum level and floor levels; and any proposed excavations, walls, swimming pool, driveway. 

1

All elevations of all buildings, structures, walls, gates; the natural ground level; floor and building height levels; material and colour details for roofs, windows, doors, gutters, rainwater downpipes, columns, poles, awnings.

Added at AGM on 22 December 2014 Par 1.3 amended at AGM on 20 December 2010 and re-amended at AGM 22nd December 2016.

3 Added at A G M on 22 December 2014 4 Added at A G M on 22 December 2014 5 Added at A G M on 22 December 2014 6 Par2. Amended at A.G.M. on 19 December 2008 2

3

2.2



Sections showing heights of building and natural ground line.



Proposed external finishes and colour scheme.



A registered Land Surveyor’s height certificate confirming the applicable restricted height in accordance with the Guidelines for that particular erf.7



Any other information required by the Developer and the SPHOA or their Agents.

SCRUTINY FEE A fee is payable for each submission by or on behalf of the property owner (“the Owner”) to the SPHOA, for disbursement to the appointed Architect to scrutinize the documentation. This fee is based on the time charge for two hours of a Principal of an Architectural Practice, as recommended by the Institute of South African Architects, and must accompany the submission. Submissions will be commented on and revised drawings (if necessary) submitted. Final approved drawings will be endorsed by the appointed adjudicating architect, the Developer and the SPHOA.8 The scrutiny fee will cover for 2 submissions. An additional scrutiny fee, to the value of one hour’s professional rates is payable for each subsequent amended application after the 2nd submission. 9 Only after having obtained this approval may drawings be submitted to the Municipality for their approval to National Building Regulations.10

2.3

APPROVAL The approval or rejection of any proposed building by the Developer and SPHOA is final and binding upon the Owner.

Deviations from the approved plans will result in penalties being levied, to be determined by the SPHOA, without prejudice to the rights of the Developer and SPHOA to require the Owner to remove or demolish any structure which so deviates from the approved plans.11

2.4

POWER OF VETO AND APPROVAL Notwithstanding all aesthetic or other requirements as stipulated in this having being met or not met, the Developer reserves the right to approve or reject any Architectural plans or building work that it may consider appropriate or inappropriate for the Development. Furthermore, in the event that the SPHOA and the Developer should disagree on any specific aspect relating to this Building Design Manual, then and in such event the decision of the Developer shall be final and binding.12

2.5

CONTRACTORS Only accredited builders are allowed to carry on construction work in Shelley Point.13 A list of Contractors is available from the SPHOA. All builders and/or contractors must be approved by the Developer and/or SPHOA.

2.6

BUILDING DEPOSIT A Building Deposit of R 10 000-00 is to be paid to the SPHOA (R5000-00 in respect of any alterations/additions), internal remodelling, retiling or building work of any sort, requiring building plans or not 14, refundable after Final Completion (Final Completion meaning the issue of an Occupation Certificate by the Local Authority, as well as certification by the Association that all the terms and conditions of this Building Design Manual have been duly complied with), removal of all rubble and rehabilitation of the surrounding area (including damage to roads, paths, pavements etc. and especially vegetation disturbed on adjacent property). However, where the Owner is in arrears with its levies payable to the SPHOA, the Owner irrevocably agrees that the Building Deposit be applied towards such arrear levies. The Developer and SPHOA shall be entitled to review the amount to be paid in respect of the Building Deposit from time to time.15 The building deposit is not transferable between building projects.

7 8

Added at A G M on 22 December 2014 Added at A G M on 22 December 2014

9 Amended at A G M on 20 December 2010 10 Added at A G M on 22 December 2014 11 Par 2.3 amended at AGM on 19 December 2008 12 Par 2.4 amended at AGM on 19 December 2008 13 Added AGM 22 December 2016.

14 Added at AGM on 21 December 2015 15 Par 2.6 amended at AGM on 20 December 2010

4 2.7

CONSTRUCTION All building work once commenced, shall be completed as soon as possible and shall be executed in a proper and workman-like manner, within a maximum period of one year. All material used shall be of good quality. Walls are to be constructed of clay brick or cement bricks only. Concrete blocks are not permitted, except for the construction of boundary walls. The site and the surrounding open land must be kept clear of building and other rubble/litter at all times, to the satisfaction of the Developer or the SPHOA and/or the Local Authority. Rubble or litter which might be blown by the wind must be contained and all builder’s rubble/litter must be kept in a 5m3 removable skip and removed when full and replaced. No builder’s rubble or litter may be left on the site. 16The primary dune, including all vegetation on the dune and open spaces in front of beachfront plots, may not be disturbed under any circumstances, either during or after building operations. It is recommended that natural vegetation be stimulated by irrigation. Boardwalks over these dunes to specifications herein are allowed, but may not exceed 1 metre in width. 17 No paths, structures or rocks may be built or placed on the open spaces in front of beach front plots.18

2.8

ADDITIONAL REGULATIONS/MEASURES: 2.8.1

3.

No builders’ materials may be stored on the sidewalk or roadway

19

2.8.2

All building activities, including paving, boundary walling, and landscaping must be completed within a maximum building period of one year. An extension of this period may be considered, if timeously applied for and properly motivated.20

2.8.3

All site-huts/stores must be removed at the completion of the building period.

2.8.4

Adjacent kerbs, pavements (and stands affected) are to be reinstated to their original condition.

2.8.5

Rubble may not be stored on sidewalks and must be deposited in metal skips which must be removed from Shelley Point once they are full and replaced with an empty one.

Spoil from bulk excavations must be excavated and immediately loaded onto trucks and carted away from Shelley Point and dumped in suitable places.21

2.8.6

Any damage to the Developer’s or the SPHOA’s property must be rectified.

2.8.7

In the event of the prescribed period of one year being exceeded, and the Owner fails to give acceptable reasons for non-compliance or fails to make acceptable arrangements, the Owner will forfeit his building deposit. All building activities will also be stopped, until the Owner submits an application to restart the building operations, together with an acceptable plan of action and target dates. He will also have to pay another building deposit as the previous deposit would have been forfeited.

2.8.8

If any of the above conditions are not met to the satisfaction of the Developer and/or SPHOA, then the Developer and/or the SPHOA shall be entitled to do whatever they deem necessary to rectify the shortcomings at the expense of the Owner.

BUILDING RESTRICTIONS 3.1

BUILDING LINES 4.5 metres from all road boundaries; 2 metres from side boundaries; 3 metres from rear, golf course and sea boundaries, but where (in the Golf Course Estate) a rear boundary is not facing the golf course, a 2 metre building line will be permitted as to maximize the buildable area to the smaller sites. Where a plot is bordered by two parallel roads, the road that gives access to the plot (“the access road”) will be considered as boundary for the 4,5 metre building line, whilst the boundary on the non-access road side shall be 3 metres except where the non-access road is the Golden Mile Boulevard in which event a 4,5 metre building line will still apply. 22

In respect of a corner plot located within the Golf Course Estate and which is bordered by a non-access road on one or both sides a building line of 2 metres will be considered for one street only. Further application for a waiver of the street building line for non-corner plots, could be considered for a relaxation from 4,5 metres to 3,0 meters where the cadastral boundaries are deemed too restrictive for practical floor plans, on receipt of a formal application and motivational report. 23 16

Added AGM December 22, 2016.

Par 2.7 amended at A G M on 22 December 2014 18 Added AGM December 22, 2016.

19 Changed AGM December 22, 2016.

20 Par 2.8.2 amended at A G M on 22 December 2014 21 Added at AGM on 21 December 2015 22 Par 3.1 amended at AGM on 19 December 2008 23 Par 3.1 amended at A G M on 21 Dec 2015 17

5 Garages may, with the consent of the adjacent owner/s, be built up to the boundary line, provided that the roof shall not fall/slope towards the boundary or overhang over a neighbouring site boundary, except in the case of side boundaries of sea fronting properties (waterfront plots), where visual access of the sea of the properties located behind shall not be encroached upon or impaired .In this instance boundary walls shall not exceed 1.2m. Kitchen yards must not be designed on these boundaries24 A garage thus built over a building line may not have a flat accessible roof (overlooking feature).25 Owners of certain waterfront plots have a further Development Setback Line to take into consideration. This setback line might restrict building activities further than 3 metres, from the front boundaries in certain areas, as per the Development Conditions of Approval set by the Local Authority.

3.2

HEIGHT RESTRICTIONS 3.2.1

PHASE 1 In Phase 1, the Waterfront plots have a height restriction of 6,5 metres and the rear plots 9,0 metres.

3.2.2

PHASE 2 For Phase 2, the Waterfront plots have a height restriction of 5,0 metres, rear plots 7,0 metres and plots on the ridge adjacent the jogging trail 9,0 metres.

3.2.3

PHASE 3 For Phase 3, Waterfront plots have a height restriction of 5,5 metres, rear plots 7,0 metres and plots on the ridge adjacent the jogging trail 9,0 metres.

3.2.4

PHASE 4 In Phase 4, the Waterfront plots have a height restriction of 5,0 metres and the rear plots 7,0 metres.

3.2.5

PHASE 5 For Phase 5, the Waterfront plots have a height restriction of 4,0 metres, rear plots are between 6,0 metres to 8,0 metres and plots on the ridge adjacent to the jogging trail 9,0 meters. (plots east of the jogging trail are measured from the furthest boundary from the sea).

3.2.6

PHASE 6 For Phase 6, plots on the ridge adjacent the jogging trail have a height restriction of 9,0 metres and 6 metres for all other plots.

3.2.7

PHASE 7 For the GOLF COURSE phase, all plots have a height restriction of 7,5 metres.

3.2.8

PHASE 8 For Phase 8, the height restriction is 9 metres everywhere.

This means that no part of the building, except the chimney and parapets may be higher than the restricted height above the ground level. Piers or stilts are not permitted. The datum level for measuring the height restriction is the mean level of the rear boundary pegs (usually the “rear” pegs are deemed those to be the furthest from the sea, with the exception of the Golf Course Estate where the rear pegs are deemed to be furthest away from the road). A Height Certificate by a Registered Land Surveyor is to accompany all plan submissions. An “as built” Height Certificate issued by the same registered Land Surveyor who issued the Height Certificate, is a further requirement from the Local Authority as a condition to obtain an Occupancy Certificate.

3.3

SITING OF BUILDINGS

Owners are requested to liaise with their neighbours when planning their homes. The positioning of your building/s should not unreasonably affect the amenities of nearby properties. For example, servants’ quarters and entertainment areas should be sensitively positioned and your neighbour's privacy respected. A new building shall take into consideration the existing adjacent buildings and shall be designed to complement them. The Developer's decision in this regard will be binding on all parties concerned.

4.

24

ACCOMMODATION REQUIREMENTS 4.1

SIZE OF HOUSE - ALL PHASES There is a minimum requirement of 120 sq. metres of habitable floor area. This excludes garages, stores etc.

4.2

GARAGES Each property to have a minimum of one (1) garage and is to be provided with carriageway crossing and completed driveway. At least one additional on-site parking bay is to be provided. Number of garage doors facing the street front is restricted to two, single or double.26

Added AGM December 22, 2016.

25 Par 3.1 amended at AGM on 19 December 2012 26

Amended at A G M on 22 December 2014

6

5.

4.3

OUTBUILDINGS Outbuildings must be in the same style and finish as the house.

4.4

ANCILLARY BUILDINGS No prefabricated stores, Wendy houses or other temporary structures shall be erected, except during construction when site-huts/stores may be permitted, but must be removed on completion of the contract.

4.5

INTERIORS The interior design and decoration is unrestricted.

4.6

ACCOMMODATION AND COVERAGE Coverage (area under roof) may not exceed 50% of the site area which, apart from the covered footprint of the residence would include separate garaging, carports, gazebos and pergolas with any form of roof covering over.27

AESTHETIC REQUIREMENTS 5.1

PLAN FORMS Plan forms must be rectangular or composite of rectangular forms. No curved or other shapes will be permitted.28

5.2

ROOFS Roofs are to be equally pitched between a minimum of 25 and a maximum of 45. Gables are to be equally proportioned both sides of the ridge. Roofs must be rectangular in plan. Mansard roofs are not permitted.29 Gable ends: Gables should be simple. No curved or decorative gables will be permitted. Gable ends must be provided on all roofs except thatch, where hipped gables are acceptable.

Roof Proportion: Roof height to wall height must be between 1:1 and 1:2.

5.2.1

ROOF MATERIALS Recommended Slate (Natural Stone) Fibre cement tiles Thatch Square cut Asbestos Tiles Cement tiles (RENOWN, ELITE or DOUBLE ROMAN profiles)

Not Permitted IBR sheeting Steel tiles Corrugated asbestos sheets Mediterranean style (Rounded) tiles other than Double Roman Foam Concrete Corrugated Metal

The roof material selected should be consistent on a particular property.30

27

5.2.2

THATCHED ROOFS All thatched roofs must be fitted with a fireproof blanket e.g. “Glasstex”, or alternatively treated with a fireproof coating, inside and outside, approved by the CSIR, e.g.” Thatchsayf“(more expensive). This will lower insurance premiums, is safer for neighbouring buildings and keeps the dust out.

In addition to the above, all thatched roof houses must have a fire hose reel with fire hose fitted, as well as an external sprinkler system running along the ridge of the roof, and connected to the main water supply.

5.2.3

FLAT ROOFS: The Developer may allow, at his sole and absolute discretion, part of the roof to be flat for use as a terrace, or as a link between pitched roof elements. Flat roofs may also be used to link building forms and elements (for instance to achieve angled plan forms). These roofs shall be constructed of reinforced concrete, finished with a suitable waterproofing or timber slats (no metal finishes will be allowed). Flat roofs may only constitute 10% or less of the total roof area. 31

5.2.4

HIPPED ROOFS Originally, hipped roofs were only permitted if natural slate, such as by MAZISTA or THATCH was used as a roof finish. The Developer has expressed the opinion that cement slates, such as the Coverland ELITE tile and fibre cement tiles may also be considered if well motivated and if the design is appropriate. Profiles, such as the RENOWN and DOUBLE ROMAN tile can only be considered in exceptional cases as a Departure

Added at A G M on 22 December 2014 Amended at A G M on 22 December 2014 29 Amended at A G M on 22 December 2014 30 5.2.1 Amended at A.G.M. on 20 December 2010 31 Par 5.2.3 added at A G M on 22 December 2014 28

7 Application to the provisions of this Building Design Manual. All other profiles will not be considered. A further proviso to hipped roofs is that an overhang of at least 450mm should be applicable all around. An exception would be where corbelled mouldings are considered. These mouldings will have to protrude beyond the wall face by at least 200mm. Details and moulding profiles are to be submitted for approval with the building plans.

5.3

5.2.5

ROOF COLOURS Natural Grey Slate, Natural Thatch, Dark Grey or Black Tiles.

5.2.6

OVERHANGS It is recommended that all roofs possess an overhang of at least 450mm. Where gable walls are used, a 450mm overhang is recommended but in cases where streetscapes are established and a precedent of no overhangs are set, the Designer may provide a motivation, as not to have overhangs for the consideration of the Developer and SPHOA. The same will apply to dormer windows where fragmented fascia lines will result.

5.2.7

DORMER WINDOWS Dormer windows are allowed in pitched roofs and must be triangular or rectangular in shape. Dormers must be spaced apart and may not be attached and may not project beyond the vertical surface of the wall. Curved or arched dormers will only be permitted where thatched roofs function.32

5.2.8

ROOF LIGHTS Rectangular roof lights will be allowed. Roof lights should be flush with the slope of the roof.33

EXTERNAL WALLS Walls should have clear, plain smooth plastered surfaces and painted or finished* White. *Marmoran or similar approved pure White finishes with no fleck texture. No other finish is permitted.

Due to problems experienced with poor plastering, the Developer will consider a very fine stipple plaster (rough-cast plaster) slightly flattened with a wooden float. Comp-plaster with Lime is recommended, as well as the use of a ”flicking“machine. A sample panel is to be prepared for the Developer’s final approval.

As arches are part and parcel of the traditional Cape Architectural vernacular, segmented and full arches in well-designed proposals could be considered at the Developer’s discretion. The same applies for horizontal plaster flutes to provide a varied texture to walls.

5.4

RETAINING WALLS, TERRACING AND EMBANKMENTS Any embankment raising a ground level may not exceed 1,5m in height and must be established in accordance with the angle of repose specified for that material with at least a 10% margin. All embankments created must be properly compacted and stabilized to preclude erosions run off into the storm water system or onto neighbouring properties.

All artificial changes of level which are steeper than the natural angle of repose of the soil material on site must be supported by a loffelstein or similar equally approved site works support system. Such artificial systems should be planted to provide a visual effect as far as possible in keeping with the natural fynbos vegetation.

All retaining walls or structures exceeding 1.0m in height must be installed professionally and be designed and supervised by a registered structural engineer (in all cases where the height exceeds 1,5m), or strictly in accordance with the manufacturers’ specifications.

Retaining walls are preferably to be ex reinforced masonry elements, or reinforced concrete, plastered and painted white.

Under no circumstances is the NGL of adjoining sites to be disturbed.

The submitted drawings have to endorse the above and be detailed to show the construction methodology to achieve the above. Where retainer walls result in level differences of more than 1m, adequate protective walls or balustrades are to be effected to comply with SANS safety regulations (minimum 1m high above NGL).34

5.5

32

PLUMBING PIPES Prominent plumbing pipes (particularly from upper stories) must be concealed within the walls. Vent stacks should be avoided - use the new vent breather valve (VBV) or stub stack 1 meter high. Visible branches to a VBV may not exceed 300mm. External boxed-in pipework is not permitted.35Ground floor waste pipes must deposit over a plastered and painted brick gulley trap and not connected directly to the soil pipe.36

Par 5.2.7 added at A G M on 22 December 2014 Par 5.2.8 added at A G M on 22 December 2014 34 Par 5.4 added at A G M on 22 December 2014 35 Amended at A G M on 22 December 2014 36 Added AGM December 22, 2016.

33

8 5.6

EXTERNAL DOORS & GATES Recommended Shapes and Proportions: They must be rectangular simple design without curved or triangular fanlights or decoration surrounds such as rusticated quoins or mouldings.

Door Materials: Doors must be timber with glass, fielded or flush panels, or vertical or diagonal planking. Steel doors are not permitted. Dark bronzed or Black anodized or epoxy coated* aluminium, natural or painted* hardwood or White PVC, sliding doors will be permitted. *See colour guidelines.

Garage Doors: Must be of a maximum 4880mm wide and in timber or glass fibre or Zincalume37. The style should be the traditional horizontal, vertical, diagonal or chevron planking pattern or panelled.

Gates: Gates shall either be of solid timber properly framed and braced with horizontal, vertical or diagonal planking, or of galvanized painted steel of simple design. *See colour guidelines. Aluminium gates to suit fenestration elements, are also allowed.

5.7

WINDOWS Window proportions should be either square or a vertical rectangle and of moderate size. In certain cases, they may be joined together provided the vertical emphasis is maintained. Arched or raking heads are not permitted. Small triangular fixed lights may be used at the top of gables of double volume roofs 38

Window Frame Materials: Timber is recommended. Black or Dark Bronze anodized or epoxy coated aluminium or white PVC may be used. See colour guidelines. Steel frames are not permitted.

Glass: The use of reflective glass or reflective film is prohibited.

Shutters: External shutters must be able to cover the entire window when closed. Shutters smaller than their windows will not be accepted.

Burglar Bars: Bars should be of a simple rectangular form placed internally. If possible, they should line up the window mullions. 39 Polycarbonate clear burglar bars may be used.40 5.8

COLOUR GUIDELINE External walls are to be painted white only. 41 Door, Gate, Window, Fascia, Barge Board, Balustrade, Stoep Pole, Exposed Timber, etc.: Recommended finishes are sealed, natural or dark stained timber or painted White, Grey*, Black, or Dark Green* or Dark Blue*. (* These Colours must be approved by the adjudicating architect / Design Review Committee, if any varying hues are considered).42

5.9

CHIMNEYS Chimneys are important traditional elements and must be plastered masonry. If possible they should form part of a gable end. All chimneys of open fires and braais are to be fitted with Stainless Steel gauze spark retarders to the approval of the Developer. Chimneys of thatched houses must be higher than the ridge of the roof.

Only in exceptional cases will metal chimneys be allowed - on condition that they can only be black (no galvanized, stainless steel or chrome finish will be accepted).43

5.10 YARDS Each property is to have a drying yard to obscure washing from neighbouring properties and public areas. All yard walls (kitchen, drying, courtyard) should be plain, plastered brick with a simple coping painted White. They must be high enough to provide the necessary screening. All yard walls must be indicated on the plan.44 37 38 39 40 41 42 43 44

Added AGM December 22, 2016.

Added AGM December 22 2016.

Amended at A G M on 22 December 2014 Added AGM December 22, 2016.

Added at A G M on 22 December 2014 Amended at A G M on 22 December 2014 Added at A G M on 22 December 2014 Amended at A G M on 22 December 2014

9 5.11 SCREENING WALLS Toilet or bathroom doors in an external wall must have a screening wall. Dustbins, washing lines, gas bottles; caravan and storage areas must not be visible from roads, parkland areas or other stands and have to be screened from view with solid masonry walls.

5.12 FENCING AND FLOWER BOXES Only plain smooth plastered walls painted White are acceptable, preferably with the traditional coping. Timber, pole or ranch type fencing, asbestos-cement, face brick, precast concrete, timber picket fences45 palisade fences, wire mesh or any other type of fencing, and fancy designed fences or walls are not permitted. Hedges shall be kept to a maximum height of 1.2m where they may affect adjoining neighbours view The use of barbed or razor wire is strictly prohibited.

5.12.1

GOLF COURSE PHASE In order to retain the open feel with regard to sites on the golf course development phase, all boundary walls and gates within 4,5 metres of the street boundary must not exceed 1,2 metres in height, elsewhere the maximum height is 2 metres, as is the height for Courtyard and yard walls to screen washing lines. No construction of any nature (e.g. boundary walls, fences, ornaments, sculptures, etc.) is allowed beyond the 3 metre building line of the golf course facing plots. Lawn, trees & shrubs are suggested. Boundary walls adjacent to access paths may be up to 2 metres in height, except within 4,5 metres of the street boundary, where the height may not exceed 1,2 metres, and within 3 metres of the golf course boundary, where NO wall is allowed. 46Only lawn will be allowed beyond the front boundary of the golf course facing plots, to the species and specifications of the Developer.

5.12.2

ALL OTHER PHASES In order to retain the open feel, all walls and gates within 4,5 metres of the street boundary, 3 metres from sea and parkland boundaries must not exceed 1,2 metres in height, elsewhere the maximum height is 2 metres including for Courtyard and yard walls to screen washing lines.

Boundary walls adjacent to access paths may be up to 2 metres in height, except within 4,5 metres of the street boundary and 3 metres from the sea boundary, where the height may not exceed 1,2 metres.

In order to retain the open feel with regard to beach front sites, a wall demarcating the boundary furthest from the sea (and parallel to the sea), whether it is adjacent to an access path or not may not exceed 1,2 metres in height.47 Boundary walls to panhandle properties may not exceed 1,2 metres in height along the entire length of the panhandle.

It must be noted that in terms of paragraph 3.1, where the owners of certain Waterfront plots are affected by the defined development setback line, the Local Authority has deemed that NO permanent structures would be allowed within the setback, and that lateral or any other boundary walls, if permitted, may not exceed 1,2m in height for the total distances from the sea facing pegs to the clearly defined Development Setback Line.

all heights of walls are measured above ground level at all points of the wall.

Boundary walls following the topography of the property should preferably be sloped.48 Where stepping of a boundary wall is required, individual steps may be no higher than 0,4m. NO part of a wall may exceed the maximum height allowed for that wall.

Boundary walls may be fitted with glass panels between pillars to enhance views onto public open space and/or the sea, subject to the following: A suitably strong Armour-plated-type safety glass must be used, neighbours’ privacy may not be compromised, and the height of the panels must conform to the measurements given above.49 Walls on and to the side spaces should preferably not exceed 1,2 metres.

Kitchen yards should preferably not function within side spaces.

45

Added AGM December 22, 2016.

Added at request of Municipality 29 November 2011 47 Added at A.G.M. on 20 December 2010 48 Amended at request of Municipality 29 November 2011 49 Added at A.G.M. on 20 December 2010 46

10 All boundary walls and gates must be shown on the building plans.50 Where a property has a common boundary with the Dune Jogging Trail, and the natural ground level adjacent to the boundary has been altered through excavation or any other action, such boundary must be secured with either a) a boundary wall of 1,2 metres high when measured on the side of the Trial, or b) horse fencing of a standard design acceptable to the SPHOA, to be specified on the building plans.51 Note on Paragraphs 5.10, 5.11 and 5.12: It is a requirement that sections and full elevations be shown on the working drawings for approval, indicating height and stepping or slopes to accommodate falls of the NGL. NGL to be shown on all elevations.52 5.13 POST BOXES No freestanding post boxes are permitted.

5.14 BALCONIES AND TERRACES Balconies and Terraces should have clean lines with plain railings, simple decorative balustrades or the traditional pattern pillars and coping wall. Glazed aluminium and frameless balustrades are allowed Heavy brick or concrete support columns are preferred13.No industrial prefabricated galvanized steel balustrading will be allowed53 5.15 SHADE PROVISION Traditional style verandas or pergolas are preferred. Traditional “latte� will be permitted in order to augment shade.54 Canopies and awnings are acceptable if in fabric, with a maximum of 2 colours (Single colour white, beige, dark green or dark blue; or white and dark blue or white and dark green). Any other colours or combinations are to be approved by the Developers. Aluminium awnings will not be permitted.

Shade netting, where visible, will not be allowed.

Pergolas should be planed timber, natural or painted*, or treated round poles. Columns/piers may also be plastered masonry, painted White.

Ground support for verandas, pergolas, canopies and awnings, e.g. columns, piers, and poles of whatever nature, may not encroach over any building line.55 i(* Colour must be approved.)

5.16 AERIALS AND ANTENNAE Television and radio aerials must be unobtrusive, preferably in the roof-space. No masts, antennae, overhead wires or similar appendages may be visible from neighbouring erven or public spaces, except one TV antenna per erf.

In keeping with the latest communication technology trends, one wireless internet antenna per erf will also be allowed.56 5.17

SOLAR PANELS Solar heating and photovoltaic panels may only be mounted on the roof of the building. Panels must be in contact with the roofing material, or countersunk into the roof for a flush finish, and inconspicuous. Pipes must be concealed. Geysers and/or reservoirs shall not be placed on the roof and may not be visible from neighbouring erven or public spaces, and should preferably be accommodated within the roof-space.57

5.18 AIR CONDITIONERS Air conditioning units should be split level. The outside condenser unit must not be visible from neighbouring properties or public spaces / streets, and preferably be contained within a masonry surround with ventilation louvres.

Where this is not possible, it must be placed unobtrusively to the satisfaction of the adjudicating architect and the Design Review Committee.

No through-wall/window air conditioning units will be permitted.58 50 51 52 53 54 55 56 57 58

Amended at A G M on 22 December 2014 Added at AGM on 19 December 2012 Added at A G M on 22 December 2014 Added at AGM December 22, 2016.

Amended at A G M on 22 December 2014 Added at A.G.M. on 20 December 2010 Added at A.G.M. on 20 December 2010 Amended at A.G.M. on 20 December 2010 & 22 December 2014 Par 5.18 added at A G M on 22 December 2014

11 5.19 ENERGY WITHIN BUILDINGS (SANS 204:2011 and SANS 10400-XA:201159) All the visible aspects of the above regulation, such as shading screens, solar and photovoltaic panels, wind turbines, as well as air conditioning compressors, gas bottles, etc., must be incorporated into the design of the building in an aesthetic manner to the satisfaction of the Design Review Committee and shall not appear as add-on’s or non-fitting elements against the building. 60All calculations in respect of SANS 10400-XA shall accompany the submission drawings for approval61 5.20 SIGNS Street numbers should be of a simple design, preferably Black on White or White on Black, or Brass on White, Black or natural timber. Maximum height of numbers 200mm and letters 150mm. 62 Display of house names will not be permitted.

Architect and Contractor's boards may only be displayed during the construction period.

5.21 SCULPTURES Sculptures may not be visible from public areas or neighbouring properties63.

5.22

UNACCEPTABLE DESIGNS The following styles are unacceptable: Mediterranean, Swiss log cabin, stilt house, A- frame, modern spec and timber planked or framed.

5.23 STORM WATER DRAINAGE Each plan submission must indicate the course of the storm water from the rainwater draining system of the roofs as well as any surface water from paved areas to an adequate soak away so as to prevent storm water from entering adjoining properties or road ways.64 6.

BOARDWALKS All boardwalks are not to be built on open spaces in front of beachfront plots without the approval of 65 Material:

Good quality treated timber poles, beams, and planks

Width:

1200mm planks, 155mm wide x 55mm thick.

Height:

The boardwalk must be between 300mm and 400mm above natural ground level.

Poles:

Poles, planted with minimum disturbance to vegetation, to be 100mm to 125mm thick and placed 1000mm apart across the width and 2000mm apart along the length.

Beams:

2200mm support beams, 155mm wide x 55mm thick.

Screws, Bolts and Nails: Must be either galvanized or Stainless Steel. Galvanized roofing screws are recommended.

7.

59 60 61 62 63 64 65

DEFINITIONS 7.1

LOCAL AUTHORITY Saldanha Bay Municipality or any such Authority which may replace it for any reason.

7.2

DEVELOPER Britannia Bay Developers (Pty) Ltd.

7.3

OWNER The Owner of a plot within the Shelley Point Development.

Added AGM December 22, 2016.

Par 5.19 added at A G M on 22 December 2014 Added AGM December 22, 2016.

Amended at A.G.M. on 20 December 2010 Amended at AGM on 19 December 2012 Added at AGM on 21 December 2015 Added AGM December 22,

12

66 67

7.4

DOCUMENTATION Drawings, specification, diagrams, reports, etc. submitted to the Local Authority and/or the Developer and SPHOA for approval. No drawing shall be submitted in less than A2 size and all subsequent revisions shall be submitted in the same size. No written or sketched alterations to drawings will be accepted.66

7.5

APPROVED DRAWINGS Documentation as above after their approval, as to aesthetic and other requirements by the Developer and SPHOA or their Agents, and the requirements of the Local Authority.

7.6

AGENT/S Registered Architect/s that shall be appointed by the Developer and SPHOA to scrutinize and approve documentation.

7.7

BUILDING Any development including site works or alterations to external finishes or colour as proposed, being erected or completed within the area of the Shelley Point Development.

7.8

HOME OWNERS ASSOCIATION Association formed by the property owners of Shelley Point, known as the SHELLEY POINT HOME OWNERS’ ASSOCIATION (“SPHOA”).

7.9

DESIGN REVIEW COMMITTEE: A committee (DRC) appointed by the Trustees of the SPHOA which, together with the appointed Adjudicating Architect, shall make comments and conditions of approval on behalf of the SPHOA, which will be confirmed in writing.67

Added AGM December 22, 2016.

Added at A G M on 22 December 2014