Harbour Precinct Contract - The Waterfront, Shell Cove

© 2019 The Law Society of New South Wales ACN 000 000 699 and The Real Estate Institute of New South Wales ACN 000 012 457 You can prepare your own version of pages 1 - 3 of this contract. Except as permitted under the Copyright Act 1968 (Cth) or consented to by the copyright owners (including by way of guidelines issued from time to time), no other part of this contract may be reproduced without the specific written permission of The Law Society of New South Wales and The Real Estate Institute of New South Wales.

Contract for the sale and purchase of land 2019 edition TERM vendor's agent

MEANING OF TERM

NSW DAN: ABN 94 065 458 782 phone 02 9767 2000

FRASERS PROPERTY REAL ESTATE PTY LIMITED Level 2, 1C Homebush Bay Drive, Rhodes 2138

fax co-agent

Not Applicable

vendor

SHELLHARBOUR CITY COUNCIL

02 9767 2900

76 Cygnet Avenue, Shellharbour City Centre 2529 vendor's solicitor

HEARD McEWAN LEGAL

phone 02 4254 5222 fax 02 4254 5221 ref MJH:KAS:203757

date for completion

In accordance with clause 33.3

land (address, plan details and title reference)

LOT _______ "PRECINCT F", SHELL COVE NSW 2529

91 Crown Street, Wollongong 2500 DX 27848 WOLLONGONG COURT email: mheard@heardmcewan.com.au

Proposed Lot in an unregistered plan of subdivision which is part of Lot 9007 in Deposited Plan 1254656 Part Folio Identifier 9007/1254656 VACANT POSSESSION garage other:

subject to existing tenancies

improvements

HOUSE none

carport

home unit

carspace

attached copies

documents in the List of Documents as marked or numbered: other documents:

storage space

A real estate agent is permitted by legislation to fill up the items in this box in a sale of residential property. inclusions

blinds built-in wardrobes clothes line curtains

dishwasher fixed floor coverings insect screens other:

light fittings range hood solar panels

stove pool equipment TV antenna

exclusions purchaser purchaser's solicitor conveyancer

email:

price deposit

$ $

balance

$

phone fax ref

inclusive of GST (10% of the price, unless otherwise stated)

contract date

(if not stated, the date this contract was made)

buyer's agent

vendor

witness GST AMOUNT (optional) The price includes GST.

purchaser

JOINT TENANTS

tenants in common

in unequal shares

witness

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Choices Vendor agrees to accept a deposit bond (clause 3) Nominated Electronic Lodgment Network (ELN) (clause 30)

NO

yes

PEXA

Electronic transaction (clause 30)

no

YES

(if no, vendor must provide further details, such as the proposed applicable waiver, in the space below, or serve within 14 days of the contract date):

Parties agree that the deposit be invested (clause 2.9)

NO

yes

Tax information (the parties promise this is correct as far as each party is aware) Land tax is adjustable

NO

yes

GST: Taxable supply

NO NO

yes in full yes

Margin scheme will be used in making the taxable supply

yes to an extent

This sale is not a taxable supply because (one or more of the following may apply) the sale is: not made in the course or furtherance of an enterprise that the vendor carries on (section 9-5(b)) by a vendor who is neither registered nor required to be registered for GST (section 9-5(d)) GST-free because the sale is the supply of a going concern under section 38-325 GST-free because the sale is subdivided farm land or farm land supplied for farming under Subdivision 38-O

input taxed because the sale is of eligible residential premises (sections 40-65, 40-75(2) and 195-1) Purchaser must make an RW payment (residential withholding payment)

NO

yes

If the further details below are not fully completed at the contract date, the vendor must provide all these details in a separate notice within 14 days of the contract date.

RW payment (residential withholding payment) – further details Frequently the supplier will be the vendor. However, sometimes further information will be required as to which entity is liable for GST, for example, if the vendor is part of a GST group or a participant in a GST joint venture.

Supplier's name: Shellharbour City Council Supplier's ABN: 78 392 627 134 Supplier's business address: 76 Cygnet Avenue, Shellharbour City Centre NSW 2529 Supplier's email address: paul.henderson@shellharbour.nsw.gov.au Supplier's phone number: 02 4221 6078 Supplier's proportion of RW payment: 100% If more than one supplier, provide the above details for each supplier.

Amount purchaser must pay – price multiplied by the RW rate (residential withholding rate): 7% of the purchase price Amount must be paid:

AT COMPLETION

at another time (specify):

Is any of the consideration not expressed as an amount in money?

NO

yes

If "yes", the GST inclusive market value of the non-monetary consideration: Other details (including those required by regulation or the ATO forms):

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List of Documents General 1 property certificate for the land 2 plan of the land 3 unregistered plan of the land 4 plan of land to be subdivided 5 document that is to be lodged with a relevant plan 6 section 10.7(2) planning certificate (Environmental Planning and Assessment Act 1979) 7 additional information included in that certificate under section 10.7(5) 8 sewerage infrastructure location diagram (service location diagram) 9 sewerage lines location diagram (sewerage service diagram) 10 document that created or may have created an easement, profit à prendre, restriction on use or positive covenant disclosed in this contract 11 planning agreement 12 section 88G certificate (positive covenant) 13 survey report 14 building information certificate or building certificate given under legislation 15 lease (with every relevant memorandum or variation) 16 other document relevant to tenancies 17 licence benefiting the land 18 old system document 19 Crown purchase statement of account 20 building management statement 21 form of requisitions 22 clearance certificate 23 land tax certificate Home Building Act 1989 24 insurance certificate 25 brochure or warning 26 evidence of alternative indemnity cover

Strata or community title (clause 23 of the contract) 32 property certificate for strata common property 33 plan creating strata common property 34 strata by-laws 35 strata development contract or statement 36 strata management statement 37 strata renewal proposal 38 strata renewal plan 39 leasehold strata - lease of lot and common property 40 property certificate for neighbourhood property 41 plan creating neighbourhood property 42 neighbourhood development contract 43 neighbourhood management statement 44 property certificate for precinct property 45 plan creating precinct property 46 precinct development contract 47 precinct management statement 48 property certificate for community property 49 plan creating community property 50 community development contract 51 community management statement 52 document disclosing a change of by-laws 53 document disclosing a change in a development or management contract or statement 54 document disclosing a change in boundaries 55 information certificate under Strata Schemes Management Act 2015 56 information certificate under Community Land Management Act 1989 57 disclosure statement - off the plan contract Other 58 Other:

Swimming Pools Act 1992 27 certificate of compliance 28 evidence of registration 29 relevant occupation certificate 30 certificate of non-compliance 31 detailed reasons of non-compliance HOLDER OF STRATA OR COMMUNITY TITLE RECORDS – Name, address, email address and telephone number

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IMPORTANT NOTICE TO VENDORS AND PURCHASERS Before signing this contract you should ensure that you understand your rights and obligations, some of which are not written in this contract but are implied by law.

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WARNING—SMOKE ALARMS The owners of certain types of buildings and strata lots must have smoke alarms (or in certain cases heat alarms) installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act 1979. It is an offence not to comply. It is also an offence to remove or interfere with a smoke alarm or heat alarm. Penalties apply.

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WARNING—LOOSE-FILL ASBESTOS INSULATION Before purchasing land that includes any residential premises (within the meaning of Division 1A of Part 8 of the Home Building Act 1989) built before 1985, a purchaser is strongly advised to consider the possibility that the premises may contain loose-fill asbestos insulation (within the meaning of Division 1A of Part 8 of the Home Building Act 1989). In particular, a purchaser should: search the Register required to be maintained under Division 1A of Part 8 of the Home Building Act 1989, and

(b)

ask the relevant local council whether it holds any records showing that the residential premises contain loose-fill asbestos insulation.

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(a)

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For further information about loose-fill asbestos insulation (including areas in which residential premises have been identified as containing loose-fill asbestos insulation), contact NSW Fair Trading.

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1.

COOLING OFF PERIOD (PURCHASER’S RIGHTS) This is the statement required by section 66X of the Conveyancing Act 1919 and applies to a contract for the sale of residential property.

EXCEPT in the circumstances listed in paragraph 3, the purchaser may rescind the contract at any time before 5 pm on— (a) the tenth business day after the day on which the contract was made—in the case of an off the plan contract, or (b) the fifth business day after the day on which the contract was made—in any other case.

3.

There is NO COOLING OFF PERIOD: (a) if, at or before the time the contract is made, the purchaser gives to the vendor (or the vendor’s solicitor or agent) a certificate that complies with section 66W of the Act, or (b) if the property is sold by public auction, or (c) if the contract is made on the same day as the property was offered for sale by public auction but passed in, or (d) if the contract is made in consequence of the exercise of an option to purchase the property, other than an option that is void under section 66ZG of the Act.

4.

A purchaser exercising the right to cool off by rescinding the contract will forfeit to the vendor 0.25% of the purchase price of the property.

The vendor is entitled to recover the amount forfeited from any amount paid by the purchaser as a deposit under the contract and the purchaser is entitled to a refund of any balance.

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DISPUTES If you get into a dispute with the other party, the Law Society and Real Estate Institute encourage you to use informal procedures such as negotiation, independent expert appraisal, the Law Society Conveyancing Dispute Resolution Scheme or mediation (for example mediation under the Law Society Mediation Program).

AUCTIONS Regulations made under the Property, Stock and Business Agents Act 2002 prescribe a number of conditions applying to sales by auction.

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WARNINGS Various Acts of Parliament and other matters can affect the rights of the parties to this contract. Some important matters are actions, claims, decisions, licences, notices, orders, proposals or rights of way involving: APA Group NSW Department of Education Australian Taxation Office NSW Fair Trading Council Owner of adjoining land County Council Privacy Department of Planning, Industry and Public Works Advisory Environment Subsidence Advisory NSW Department of Primary Industries Telecommunications Electricity and gas Transport for NSW Land & Housing Corporation Water, sewerage or drainage authority Local Land Services If you think that any of these matters affects the property, tell your solicitor.

2.

A lease may be affected by the Agricultural Tenancies Act 1990, the Residential Tenancies Act 2010 or the Retail Leases Act 1994.

3.

If any purchase money is owing to the Crown, it will become payable before obtaining consent, or if no consent is needed, when the transfer is registered.

4.

If a consent to transfer is required under legislation, see clause 27 as to the obligations of the parties.

5.

The vendor should continue the vendor’s insurance until completion. If the vendor wants to give the purchaser possession before completion, the vendor should first ask the insurer to confirm this will not affect the insurance.

6.

The purchaser will usually have to pay transfer duty (and sometimes surcharge purchaser duty) on this contract. If duty is not paid on time, a purchaser may incur penalties.

7.

If the purchaser agrees to the release of deposit, the purchaser’s right to recover the deposit may stand behind the rights of others (for example the vendor’s mortgagee).

8.

The purchaser should arrange insurance as appropriate.

9.

Some transactions involving personal property may be affected by the Personal Property Securities Act 2009.

10.

A purchaser should be satisfied that finance will be available at the time of completing the purchase.

11.

Where the market value of the property is at or above a legislated amount, the purchaser may have to comply with a foreign resident capital gains withholding payment obligation (even if the vendor is not a foreign resident). If so, this will affect the amount available to the vendor on completion.

12.

Purchasers of some residential properties may have to withhold part of the purchase price to be credited towards the GST liability of the vendor. If so, this will also affect the amount available to the vendor. More information is available from the ATO.

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7 Land – 2019 edition The vendor sells and the purchaser buys the property for the price under these provisions instead of Schedule 3 Conveyancing Act 1919, subject to any legislation that cannot be excluded.

Definitions (a term in italics is a defined term) In this contract, these terms (in any form) mean – adjustment date the earlier of the giving of possession to the purchaser or completion; bank the Reserve Bank of Australia or an authorised deposit-taking institution which is a bank, a building society or a credit union; business day any day except a bank or public holiday throughout NSW or a Saturday or Sunday; cheque a cheque that is not postdated or stale; clearance certificate a certificate within the meaning of s14-220 of Schedule 1 to the TA Act, that covers one or more days falling within the period from and including the contract date to completion; deposit-bond a deposit bond or guarantee from an issuer, with an expiry date and for an amount each approved by the vendor; depositholder vendor's agent (or if no vendor's agent is named in this contract, the vendor's solicitor, or if no vendor’s solicitor is named in this contract, the buyer’s agent); document of title document relevant to the title or the passing of title; FRCGW percentage the percentage mentioned in s14-200(3)(a) of Schedule 1 to the TA Act (12.5% as at 1 July 2017); FRCGW remittance a remittance which the purchaser must make under s14-200 of Schedule 1 to the TA Act, being the lesser of the FRCGW percentage of the price (inclusive of GST, if any) and the amount specified in a variation served by a party; GST Act A New Tax System (Goods and Services Tax) Act 1999; GST rate the rate mentioned in s4 of A New Tax System (Goods and Services Tax Imposition - General) Act 1999 (10% as at 1 July 2000); GSTRW payment a payment which the purchaser must make under s14-250 of Schedule 1 to the TA Act (the price multiplied by the GSTRW rate); GSTRW rate the rate determined under ss14-250(6), (8) or (9) of Schedule 1 to the TA Act (as at 1 July 2018, usually 7% of the price if the margin scheme applies, 1/11 th if not); legislation an Act or a by-law, ordinance, regulation or rule made under an Act; normally subject to any other provision of this contract; party each of the vendor and the purchaser; property the land, the improvements, all fixtures and the inclusions, but not the exclusions; planning agreement a valid voluntary agreement within the meaning of s7.4 of the Environmental Planning and Assessment Act 1979 entered into in relation to the property; requisition an objection, question or requisition (but the term does not include a claim); rescind rescind this contract from the beginning; serve serve in writing on the other party; settlement cheque an unendorsed cheque made payable to the person to be paid and – ● issued by a bank and drawn on itself; or ● if authorised in writing by the vendor or the vendor's solicitor, some other cheque; solicitor in relation to a party, the party's solicitor or licensed conveyancer named in this contract or in a notice served by the party; TA Act Taxation Administration Act 1953; terminate terminate this contract for breach; variation a variation made under s14-235 of Schedule 1 to the TA Act; within in relation to a period, at any time before or during the period; and work order a valid direction, notice or order that requires work to be done or money to be spent on or in relation to the property or any adjoining footpath or road (but the term does not include a notice under s22E of the Swimming Pools Act 1992 or clause 22 of the Swimming Pools Regulation 2018).

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2 2.1 2.2 2.3 2.4

Deposit and other payments before completion The purchaser must pay the deposit to the depositholder as stakeholder.

Normally, the purchaser must pay the deposit on the making of this contract, and this time is essential.

If this contract requires the purchaser to pay any of the deposit by a later time, that time is also essential.

The purchaser can pay any of the deposit by giving cash (up to $2,000) or by unconditionally giving a cheque to the depositholder or to the vendor, vendor's agent or vendor's solicitor for sending to the depositholder or by payment by electronic funds transfer to the depositholder.

2.5 If any of the deposit is not paid on time or a cheque for any of the deposit is not honoured on presentation, the vendor can terminate. This right to terminate is lost as soon as the deposit is paid in full.

2.6 If the vendor accepts a bond or guarantee for the deposit, clauses 2.1 to 2.5 do not apply.

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3.6 3.7 3.8 3.9

3.10

3.11

4 4.1

4.2 4.3 4.4

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3.2

Deposit-bond This clause applies only if this contract says the vendor has agreed to accept a deposit-bond for the deposit (or part of it).

The purchaser must provide the original deposit-bond to the vendor’s solicitor (or if no solicitor the depositholder) at or before the making of this contract and this time is essential.

If the deposit-bond has an expiry date and completion does not occur by the date which is 14 days before the expiry date, the purchaser must serve a replacement deposit-bond at least 7 days before the expiry date. The time for service is essential.

The vendor must approve a replacement deposit-bond if – 3.4.1 it is from the same issuer and for the same amount as the earlier deposit-bond; and 3.4.2 it has an expiry date at least three months after its date of issue.

A breach of clauses 3.2 or 3.3 entitles the vendor to terminate. The right to terminate is lost as soon as – 3.5.1 the purchaser serves a replacement deposit-bond; or 3.5.2 the deposit is paid in full under clause 2.

Clauses 3.3 and 3.4 can operate more than once.

If the purchaser serves a replacement deposit-bond, the vendor must serve the earlier deposit-bond.

The amount of any deposit-bond does not form part of the price for the purposes of clause 16.7.

The vendor must give the purchaser the deposit-bond – 3.9.1 on completion; or 3.9.2 if this contract is rescinded.

If this contract is terminated by the vendor – 3.10.1 normally, the vendor can immediately demand payment from the issuer of the deposit-bond; or 3.10.2 if the purchaser serves prior to termination a notice disputing the vendor’s right to terminate, the vendor must forward the deposit-bond (or its proceeds if called up) to the depositholder as stakeholder.

If this contract is terminated by the purchaser – 3.11.1 normally, the vendor must give the purchaser the deposit-bond; or 3.11.2 if the vendor serves prior to termination a notice disputing the purchaser’s right to terminate, the vendor must forward the deposit-bond (or its proceeds if called up) to the depositholder as stakeholder.

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Transfer Normally, the purchaser must serve at least 14 days before the date for completion – 4.1.1 the form of transfer; and 4.1.2 particulars required to register any mortgage or other dealing to be lodged with the transfer by the purchaser or the purchaser’s mortgagee.

If any information needed for the form of transfer is not disclosed in this contract, the vendor must serve it.

If the purchaser serves a form of transfer and the transferee is not the purchaser, the purchaser must give the vendor a direction signed by the purchaser personally for this form of transfer.

The vendor can require the purchaser to include a form of covenant or easement in the transfer only if this contract contains the wording of the proposed covenant or easement, and a description of the land benefited.

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2.9

Land – 2019 edition If the vendor accepts a bond or guarantee for part of the deposit, clauses 2.1 to 2.5 apply only to the balance.

If any of the deposit or of the balance of the price is paid before completion to the vendor or as the vendor directs, it is a charge on the land in favour of the purchaser until termination by the vendor or completion, subject to any existing right.

If each party tells the depositholder that the deposit is to be invested, the depositholder is to invest the deposit (at the risk of the party who becomes entitled to it) with a bank, in an interest-bearing account in NSW, payable at call, with interest to be reinvested, and pay the interest to the parties equally, after deduction of all proper government taxes and financial institution charges and other charges.

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2.7 2.8

5 5.1 5.2

Requisitions If a form of requisitions is attached to this contract, the purchaser is taken to have made those requisitions.

If the purchaser is or becomes entitled to make any other requisition, the purchaser can make it only by serving it – 5.2.1 if it arises out of this contract or it is a general question about the property or title - within 21 days after the contract date; 5.2.2 if it arises out of anything served by the vendor - within 21 days after the later of the contract date and that service; and 5.2.3 in any other case - within a reasonable time.

6 6.1

Error or misdescription Normally, the purchaser can (but only before completion) claim compensation for an error or misdescription in this contract (as to the property, the title or anything else and whether substantial or not).

This clause applies even if the purchaser did not take notice of or rely on anything in this contract containing or giving rise to the error or misdescription.

However, this clause does not apply to the extent the purchaser knows the true position.

6.2 6.3

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7.1

7.2

Vendor's rights and obligations The vendor can rescind if – 8.1.1 the vendor is, on reasonable grounds, unable or unwilling to comply with a requisition; 8.1.2 the vendor serves a notice of intention to rescind that specifies the requisition and those grounds; and 8.1.3 the purchaser does not serve a notice waiving the requisition within 14 days after that service.

If the vendor does not comply with this contract (or a notice under or relating to it) in an essential respect, the purchaser can terminate by serving a notice. After the termination – 8.2.1 the purchaser can recover the deposit and any other money paid by the purchaser under this contract; 8.2.2 the purchaser can sue the vendor to recover damages for breach of contract; and 8.2.3 if the purchaser has been in possession a party can claim for a reasonable adjustment.

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Claims by purchaser Normally, the purchaser can make a claim (including a claim under clause 6) before completion only by serving it with a statement of the amount claimed, and if the purchaser makes one or more claims before completion – the vendor can rescind if in the case of claims that are not claims for delay – 7.1.1 the total amount claimed exceeds 5% of the price; 7.1.2 the vendor serves notice of intention to rescind; and 7.1.3 the purchaser does not serve notice waiving the claims within 14 days after that service; and if the vendor does not rescind, the parties must complete and if this contract is completed – 7.2.1 the lesser of the total amount claimed and 10% of the price must be paid out of the price to and held by the depositholder until the claims are finalised or lapse; 7.2.2 the amount held is to be invested in accordance with clause 2.9; 7.2.3 the claims must be finalised by an arbitrator appointed by the parties or, if an appointment is not made within 1 month of completion, by an arbitrator appointed by the President of the Law Society at the request of a party (in the latter case the parties are bound by the terms of the Conveyancing Arbitration Rules approved by the Law Society as at the date of the appointment); 7.2.4 the purchaser is not entitled, in respect of the claims, to more than the total amount claimed and the costs of the purchaser; 7.2.5 net interest on the amount held must be paid to the parties in the same proportion as the amount held is paid; and 7.2.6 if the parties do not appoint an arbitrator and neither party requests the President to appoint an arbitrator within 3 months after completion, the claims lapse and the amount belongs to the vendor.

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Purchaser's default If the purchaser does not comply with this contract (or a notice under or relating to it) in an essential respect, the vendor can terminate by serving a notice. After the termination the vendor can – keep or recover the deposit (to a maximum of 10% of the price); hold any other money paid by the purchaser under this contract as security for anything recoverable under this clause – 9.2.1 for 12 months after the termination; or 9.2.2 if the vendor commences proceedings under this clause within 12 months, until those proceedings are concluded; and sue the purchaser either – 9.3.1 where the vendor has resold the property under a contract made within 12 months after the termination, to recover – ● the deficiency on resale (with credit for any of the deposit kept or recovered and after allowance for any capital gains tax or goods and services tax payable on anything recovered under this clause); and ● the reasonable costs and expenses arising out of the purchaser's non-compliance with this contract or the notice and of resale and any attempted resale; or 9.3.2 to recover damages for breach of contract.

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Restrictions on rights of purchaser The purchaser cannot make a claim or requisition or rescind or terminate in respect of – 10.1.1 the ownership or location of any fence as defined in the Dividing Fences Act 1991; 10.1.2 a service for the property being a joint service or passing through another property, or any service for another property passing through the property (‘service’ includes air, communication, drainage, electricity, garbage, gas, oil, radio, sewerage, telephone, television or water service); 10.1.3 a wall being or not being a party wall in any sense of that term or the property being affected by an easement for support or not having the benefit of an easement for support; 10.1.4 any change in the property due to fair wear and tear before completion; 10.1.5 a promise, representation or statement about this contract, the property or the title, not set out or referred to in this contract; 10.1.6 a condition, exception, reservation or restriction in a Crown grant; BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 70002908

10 Land – 2019 edition the existence of any authority or licence to explore or prospect for gas, minerals or petroleum; any easement or restriction on use the substance of either of which is disclosed in this contract or any non-compliance with the easement or restriction on use; or 10.1.9 anything the substance of which is disclosed in this contract (except a caveat, charge, mortgage, priority notice or writ).

The purchaser cannot rescind or terminate only because of a defect in title to or quality of the inclusions.

Normally, the purchaser cannot make a claim or requisition or rescind or terminate or require the vendor to change the nature of the title disclosed in this contract (for example, to remove a caution evidencing qualified title, or to lodge a plan of survey as regards limited title).

10.1.7 10.1.8

12 12.1 12.2

12.3 13 13.1 13.2

Goods and services tax (GST) Terms used in this clause which are not defined elsewhere in this contract and have a defined meaning in the GST Act have the same meaning in this clause.

Normally, if a party must pay the price or any other amount to the other party under this contract, GST is not to be added to the price or amount.

If under this contract a party must make an adjustment or payment for an expense of another party or pay an expense payable by or to a third party (for example, under clauses 14 or 20.7) – 13.3.1 the party must adjust or pay on completion any GST added to or included in the expense; but 13.3.2 the amount of the expense must be reduced to the extent the party receiving the adjustment or payment (or the representative member of a GST group of which that party is a member) is entitled to an input tax credit for the expense; and 13.3.3 if the adjustment or payment under this contract is consideration for a taxable supply, an amount for GST must be added at the GST rate.

If this contract says this sale is the supply of a going concern – 13.4.1 the parties agree the supply of the property is a supply of a going concern; 13.4.2 the vendor must, between the contract date and completion, carry on the enterprise conducted on the land in a proper and business-like way; 13.4.3 if the purchaser is not registered by the date for completion, the parties must complete and the purchaser must pay on completion, in addition to the price, an amount being the price multiplied by the GST rate ("the retention sum"). The retention sum is to be held by the depositholder and dealt with as follows – ● if within 3 months of completion the purchaser serves a letter from the Australian Taxation Office stating the purchaser is registered with a date of effect of registration on or before completion, the depositholder is to pay the retention sum to the purchaser; but ● if the purchaser does not serve that letter within 3 months of completion, the depositholder is to pay the retention sum to the vendor; and 13.4.4 if the vendor, despite clause 13.4.1, serves a letter from the Australian Taxation Office stating the vendor has to pay GST on the supply, the purchaser must pay to the vendor on demand the amount of GST assessed.

Normally, the vendor promises the margin scheme will not apply to the supply of the property.

If this contract says the margin scheme is to apply in making the taxable supply, the parties agree that the margin scheme is to apply to the sale of the property.

If this contract says the sale is not a taxable supply – 13.7.1 the purchaser promises that the property will not be used and represents that the purchaser does not intend the property (or any part of the property) to be used in a way that could make the sale a taxable supply to any extent; and 13.7.2 the purchaser must pay the vendor on completion in addition to the price an amount calculated by multiplying the price by the GST rate if this sale is a taxable supply to any extent because of – ● a breach of clause 13.7.1; or ● something else known to the purchaser but not the vendor.

If this contract says this sale is a taxable supply in full and does not say the margin scheme applies to the property, the vendor must pay the purchaser on completion an amount of one-eleventh of the price if –

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Certificates and inspections The vendor must do everything reasonable to enable the purchaser, subject to the rights of any tenant – to have the property inspected to obtain any certificate or report reasonably required; to apply (if necessary in the name of the vendor) for – 12.2.1 any certificate that can be given in respect of the property under legislation; or 12.2.2 a copy of any approval, certificate, consent, direction, notice or order in respect of the property given under legislation, even if given after the contract date; and to make 1 inspection of the property in the 3 days before a time appointed for completion.

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11.2

Compliance with work orders Normally, the vendor must by completion comply with a work order made on or before the contract date and if this contract is completed the purchaser must comply with any other work order.

If the purchaser complies with a work order, and this contract is rescinded or terminated, the vendor must pay the expense of compliance to the purchaser.

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13.5 13.6 13.7

13.8

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13.13

14 14.1

14.2 14.3

Adjustments Normally, the vendor is entitled to the rents and profits and will be liable for all rates, water, sewerage and drainage service and usage charges, land tax, levies and all other periodic outgoings up to and including the adjustment date after which the purchaser will be entitled and liable.

The parties must make any necessary adjustment on completion.

If an amount that is adjustable under this contract has been reduced under legislation, the parties must on completion adjust the reduced amount.

The parties must not adjust surcharge land tax (as defined in the Land Tax Act 1956) but must adjust any other land tax for the year current at the adjustment date – 14.4.1 only if land tax has been paid or is payable for the year (whether by the vendor or by a predecessor in title) and this contract says that land tax is adjustable; 14.4.2 by adjusting the amount that would have been payable if at the start of the year – ● the person who owned the land owned no other land; ● the land was not subject to a special trust or owned by a non-concessional company; and ● if the land (or part of it) had no separate taxable value, by calculating its separate taxable value on a proportional area basis.

If any other amount that is adjustable under this contract relates partly to the land and partly to other land, the parties must adjust it on a proportional area basis.

Normally, the vendor can direct the purchaser to produce a settlement cheque on completion to pay an amount adjustable under this contract and if so – 14.6.1 the amount is to be treated as if it were paid; and 14.6.2 the cheque must be forwarded to the payee immediately after completion (by the purchaser if the cheque relates only to the property or by the vendor in any other case).

If on completion the last bill for a water, sewerage or drainage usage charge is for a period ending before the adjustment date, the vendor is liable for an amount calculated by dividing the bill by the number of days in the period then multiplying by the number of unbilled days up to and including the adjustment date.

The vendor is liable for any amount recoverable for work started on or before the contract date on the property or any adjoining footpath or road.

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14.6

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Land – 2019 edition 13.8.1 this sale is not a taxable supply in full; or 13.8.2 the margin scheme applies to the property (or any part of the property).

If this contract says this sale is a taxable supply to an extent – 13.9.1 clause 13.7.1 does not apply to any part of the property which is identified as being a taxable supply; and 13.9.2 the payments mentioned in clauses 13.7 and 13.8 are to be recalculated by multiplying the relevant payment by the proportion of the price which represents the value of that part of the property to which the clause applies (the proportion to be expressed as a number between 0 and 1). Any evidence of value must be obtained at the expense of the vendor.

Normally, on completion the vendor must give the recipient of the supply a tax invoice for any taxable supply by the vendor by or under this contract.

The vendor does not have to give the purchaser a tax invoice if the margin scheme applies to a taxable supply.

If the vendor is liable for GST on rents or profits due to issuing an invoice or receiving consideration before completion, any adjustment of those amounts must exclude an amount equal to the vendor’s GST liability.

If the purchaser must make a GSTRW payment the purchaser must – 13.13.1 at least 5 days before the date for completion, serve evidence of submission of a GSTRW payment notification form to the Australian Taxation Office by the purchaser or, if a direction under clause 4.3 has been served, by the transferee named in the transfer served with that direction; 13.13.2 produce on completion a settlement cheque for the GSTRW payment payable to the Deputy Commissioner of Taxation; 13.13.3 forward the settlement cheque to the payee immediately after completion; and 13.13.4 serve evidence of receipt of payment of the GSTRW payment and a copy of the settlement date confirmation form submitted to the Australian Taxation Office.

14.7

14.8 15

Date for completion The parties must complete by the date for completion and, if they do not, a party can serve a notice to complete if that party is otherwise entitled to do so.

16

Completion ● Vendor On completion the vendor must give the purchaser any document of title that relates only to the property.

If on completion the vendor has possession or control of a document of title that relates also to other property, the vendor must produce it as and where necessary.

Normally, on completion the vendor must cause the legal title to the property (being an estate in fee simple) to pass to the purchaser free of any mortgage or other interest, subject to any necessary registration.

The legal title to the property does not pass before completion.

16.1 16.2 16.3 16.4

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16.12 16.13 17 17.1 17.2

17.3

18 18.1 18.2

Possession Normally, the vendor must give the purchaser vacant possession of the property on completion.

The vendor does not have to give vacant possession if – 17.2.1 this contract says that the sale is subject to existing tenancies; and 17.2.2 the contract discloses the provisions of the tenancy (for example, by attaching a copy of the lease and any relevant memorandum or variation).

Normally, the purchaser can claim compensation (before or after completion) or rescind if any of the land is affected by a protected tenancy (a tenancy affected by Schedule 2, Part 7 of the Residential Tenancies Act 2010).

Possession before completion This clause applies only if the vendor gives the purchaser possession of the property before completion.

The purchaser must not before completion – 18.2.1 let or part with possession of any of the property; 18.2.2 make any change or structural alteration or addition to the property; or 18.2.3 contravene any agreement between the parties or any direction, document, legislation, notice or order affecting the property.

The purchaser must until completion – 18.3.1 keep the property in good condition and repair having regard to its condition at the giving of possession; and 18.3.2 allow the vendor or the vendor's authorised representative to enter and inspect it at all reasonable times.

The risk as to damage to the property passes to the purchaser immediately after the purchaser enters into possession.

If the purchaser does not comply with this clause, then without affecting any other right of the vendor – 18.5.1 the vendor can before completion, without notice, remedy the non-compliance; and 18.5.2 if the vendor pays the expense of doing this, the purchaser must pay it to the vendor with interest at the rate prescribed under s101 Civil Procedure Act 2005.

If this contract is rescinded or terminated the purchaser must immediately vacate the property.

If the parties or their solicitors on their behalf do not agree in writing to a fee or rent, none is payable.

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18.3

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16.10

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16.8 16.9

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16.7

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16.6

Land – 2019 edition If the vendor gives the purchaser a document (other than the transfer) that needs to be lodged for registration, the vendor must pay the lodgment fee to the purchaser.

If a party serves a land tax certificate showing a charge on any of the land, by completion the vendor must do all things and pay all money required so that the charge is no longer effective against the land. ● Purchaser On completion the purchaser must pay to the vendor, by cash (up to $2,000) or settlement cheque – 16.7.1 the price less any: ● deposit paid; ● FRCGW remittance payable; ● GSTRW payment; and ● amount payable by the vendor to the purchaser under this contract; and 16.7.2 any other amount payable by the purchaser under this contract.

If the vendor requires more than 5 settlement cheques, the vendor must pay $10 for each extra cheque.

If any of the deposit is not covered by a bond or guarantee, on completion the purchaser must give the vendor an order signed by the purchaser authorising the depositholder to account to the vendor for the deposit.

On completion the deposit belongs to the vendor. ● Place for completion Normally, the parties must complete at the completion address, which is – 16.11.1 if a special completion address is stated in this contract - that address; or 16.11.2 if none is stated, but a first mortgagee is disclosed in this contract and the mortgagee would usually discharge the mortgage at a particular place - that place; or 16.11.3 in any other case - the vendor's solicitor's address stated in this contract.

The vendor by reasonable notice can require completion at another place, if it is in NSW, but the vendor must pay the purchaser's additional expenses, including any agency or mortgagee fee.

If the purchaser requests completion at a place that is not the completion address, and the vendor agrees, the purchaser must pay the vendor's additional expenses, including any agency or mortgagee fee.

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16.5

18.4 18.5

18.6 18.7 19 19.1

Rescission of contract If this contract expressly gives a party a right to rescind, the party can exercise the right – 19.1.1 only by serving a notice before completion; and 19.1.2 in spite of any making of a claim or requisition, any attempt to satisfy a claim or requisition, any arbitration, litigation, mediation or negotiation or any giving or taking of possession.

19.2 Normally, if a party exercises a right to rescind expressly given by this contract or any legislation – 19.2.1 the deposit and any other money paid by the purchaser under this contract must be refunded; 19.2.2 a party can claim for a reasonable adjustment if the purchaser has been in possession; 19.2.3 a party can claim for damages, costs or expenses arising out of a breach of this contract; and 19.2.4 a party will not otherwise be liable to pay the other party any damages, costs or expenses.

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20.12 20.13 20.14 20.15 21 21.1 21.2 21.3 21.4 21.5 21.6 22 22.1 22.2 23 23.1 23.2

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20.9 20.10 20.11

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20.8

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20.7

Time limits in these provisions If the time for something to be done or to happen is not stated in these provisions, it is a reasonable time.

If there are conflicting times for something to be done or to happen, the latest of those times applies.

The time for one thing to be done or to happen does not extend the time for another thing to be done or to happen.

If the time for something to be done or to happen is the 29th, 30th or 31st day of a month, and the day does not exist, the time is instead the last day of the month.

If the time for something to be done or to happen is a day that is not a business day, the time is extended to the next business day, except in the case of clauses 2 and 3.2.

Normally, the time by which something must be done is fixed but not essential.

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20.2 20.3 20.4 20.5

Miscellaneous The parties acknowledge that anything stated in this contract to be attached was attached to this contract by the vendor before the purchaser signed it and is part of this contract.

Anything attached to this contract is part of this contract.

An area, bearing or dimension in this contract is only approximate.

If a party consists of 2 or more persons, this contract benefits and binds them separately and together.

A party's solicitor can receive any amount payable to the party under this contract or direct in writing that it is to be paid to another person.

A document under or relating to this contract is – 20.6.1 signed by a party if it is signed by the party or the party's solicitor (apart from a direction under clause 4.3); 20.6.2 served if it is served by the party or the party's solicitor; 20.6.3 served if it is served on the party's solicitor, even if the party has died or any of them has died; 20.6.4 served if it is served in any manner provided in s170 of the Conveyancing Act 1919; 20.6.5 served if it is sent by email or fax to the party's solicitor, unless in either case it is not received; 20.6.6 served on a person if it (or a copy of it) comes into the possession of the person; and 20.6.7 served at the earliest time it is served, if it is served more than once.

An obligation to pay an expense of another party of doing something is an obligation to pay – 20.7.1 if the party does the thing personally - the reasonable cost of getting someone else to do it; or 20.7.2 if the party pays someone else to do the thing - the amount paid, to the extent it is reasonable.

Rights under clauses 11, 13, 14, 17, 24, 30 and 31 continue after completion, whether or not other rights continue.

The vendor does not promise, represent or state that the purchaser has any cooling off rights.

The vendor does not promise, represent or state that any attached survey report is accurate or current.

A reference to any legislation (including any percentage or rate specified in legislation) is also a reference to any corresponding later legislation.

Each party must do whatever is necessary after completion to carry out the party's obligations under this contract.

Neither taking possession nor serving a transfer of itself implies acceptance of the property or the title.

The details and information provided in this contract (for example, on pages 1 - 3) are, to the extent of each party's knowledge, true, and are part of this contract.

Where this contract provides for choices, a choice in BLOCK CAPITALS applies unless a different choice is marked.

PR

20 20.1

Foreign Acquisitions and Takeovers Act 1975 The purchaser promises that the Commonwealth Treasurer cannot prohibit and has not prohibited the transfer under the Foreign Acquisitions and Takeovers Act 1975.

This promise is essential and a breach of it entitles the vendor to terminate.

Strata or community title ● Definitions and modifications This clause applies only if the land (or part of it) is a lot in a strata, neighbourhood, precinct or community scheme (or on completion is to be a lot in a scheme of that kind).

In this contract – 23.2.1 'change', in relation to a scheme, means – ● a registered or registrable change from by-laws set out in this contract; ● a change from a development or management contract or statement set out in this contract; or ● a change in the boundaries of common property; 23.2.2 'common property' includes association property for the scheme or any higher scheme; 23.2.3 'contribution' includes an amount payable under a by-law; 23.2.4 ‘information certificate’ includes a certificate under s184 Strata Schemes Management Act 2015 and s26 Community Land Management Act 1989; 23.2.5 ‘information notice’ includes a strata information notice under s22 Strata Schemes Management Act 2015 and a notice under s47 Community Land Management Act 1989;

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14 Land – 2019 edition ‘normal expenses', in relation to an owners corporation for a scheme, means normal operating expenses usually payable from the administrative fund of an owners corporation for a scheme of the same kind; 23.2.7 ‘owners corporation' means the owners corporation or the association for the scheme or any higher scheme; 23.2.8 ‘the property' includes any interest in common property for the scheme associated with the lot; and 23.2.9 ‘special expenses', in relation to an owners corporation, means its actual, contingent or expected expenses, except to the extent they are – ● normal expenses; ● due to fair wear and tear; ● disclosed in this contract; or ● covered by moneys held in the capital works fund.

Clauses 11, 14.8 and 18.4 do not apply to an obligation of the owners corporation, or to property insurable by it.

Clauses 14.4.2 and 14.5 apply but on a unit entitlement basis instead of an area basis. ● Adjustments and liability for expenses The parties must adjust under clause 14.1 – 23.5.1 a regular periodic contribution; 23.5.2 a contribution which is not a regular periodic contribution but is disclosed in this contract; and 23.5.3 on a unit entitlement basis, any amount paid by the vendor for a normal expense of the owners corporation to the extent the owners corporation has not paid the amount to the vendor.

If a contribution is not a regular periodic contribution and is not disclosed in this contract – 23.6.1 the vendor is liable for it if it was determined on or before the contract date, even if it is payable by instalments; and 23.6.2 the purchaser is liable for all contributions determined after the contract date.

The vendor must pay or allow to the purchaser on completion the amount of any unpaid contributions for which the vendor is liable under clause 23.6.1.

Normally, the purchaser cannot make a claim or requisition or rescind or terminate in respect of – 23.8.1 an existing or future actual, contingent or expected expense of the owners corporation; 23.8.2 a proportional unit entitlement of the lot or a relevant lot or former lot, apart from a claim under clause 6; or 23.8.3 a past or future change in the scheme or a higher scheme.

However, the purchaser can rescind if – 23.9.1 the special expenses of the owners corporation at the later of the contract date and the creation of the owners corporation when calculated on a unit entitlement basis (and, if more than one lot or a higher scheme is involved, added together), less any contribution paid by the vendor, are more than 1% of the price; 23.9.2 in the case of the lot or a relevant lot or former lot in a higher scheme, a proportional unit entitlement for the lot is disclosed in this contract but the lot has a different proportional unit entitlement at the contract date or at any time before completion; 23.9.3 a change before the contract date or before completion in the scheme or a higher scheme materially prejudices the purchaser and is not disclosed in this contract; or 23.9.4 a resolution is passed by the owners corporation before the contract date or before completion to give to the owners in the scheme for their consideration a strata renewal plan that has not lapsed at the contract date and there is not attached to this contract a strata renewal proposal or the strata renewal plan. ● Notices, certificates and inspections The purchaser must give the vendor 2 copies of an information notice addressed to the owners corporation and signed by the purchaser.

The vendor must complete and sign 1 copy of the notice and give it to the purchaser on completion.

Each party can sign and give the notice as agent for the other.

The vendor must serve an information certificate issued after the contract date in relation to the lot, the scheme or any higher scheme at least 7 days before the date for completion.

The purchaser does not have to complete earlier than 7 days after service of the certificate and clause 21.3 does not apply to this provision. On completion the purchaser must pay the vendor the prescribed fee for the certificate.

The vendor authorises the purchaser to apply for the purchaser's own certificate.

The vendor authorises the purchaser to apply for and make an inspection of any record or other document in the custody or control of the owners corporation or relating to the scheme or any higher scheme. ● Meetings of the owners corporation If a general meeting of the owners corporation is convened before completion – 23.17.1 if the vendor receives notice of it, the vendor must immediately notify the purchaser of it; and 23.17.2 after the expiry of any cooling off period, the purchaser can require the vendor to appoint the purchaser (or the purchaser's nominee) to exercise any voting rights of the vendor in respect of the lot at the meeting.

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23.7

23.10 23.11 23.12 23.13 23.14

23.15 23.16

23.17

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24.2 24.3

25.2 25.3 25.4

25.5

25.6

25.7

Qualified title, limited title and old system title This clause applies only if the land (or part of it) – 25.1.1 is under qualified, limited or old system title; or 25.1.2 on completion is to be under one of those titles.

The vendor must serve a proper abstract of title within 7 days after the contract date.

If an abstract of title or part of an abstract of title is attached to this contract or has been lent by the vendor to the purchaser before the contract date, the abstract or part is served on the contract date.

An abstract of title can be or include a list of documents, events and facts arranged (apart from a will or codicil) in date order, if the list in respect of each document – 25.4.1 shows its date, general nature, names of parties and any registration number; and 25.4.2 has attached a legible photocopy of it or of an official or registration copy of it.

An abstract of title – 25.5.1 must start with a good root of title (if the good root of title must be at least 30 years old, this means 30 years old at the contract date); 25.5.2 in the case of a leasehold interest, must include an abstract of the lease and any higher lease; 25.5.3 normally, need not include a Crown grant; and 25.5.4 need not include anything evidenced by the Register kept under the Real Property Act 1900.

In the case of land under old system title – 25.6.1 in this contract 'transfer' means conveyance; 25.6.2 the purchaser does not have to serve the form of transfer until after the vendor has served a proper abstract of title; and 25.6.3 each vendor must give proper covenants for title as regards that vendor's interest.

In the case of land under limited title but not under qualified title –

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25 25.1

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24.4

Tenancies If a tenant has not made a payment for a period preceding or current at the adjustment date – 24.1.1 for the purposes of clause 14.2, the amount is to be treated as if it were paid; and 24.1.2 the purchaser assigns the debt to the vendor on completion and will if required give a further assignment at the vendor's expense.

If a tenant has paid in advance of the adjustment date any periodic payment in addition to rent, it must be adjusted as if it were rent for the period to which it relates.

If the property is to be subject to a tenancy on completion or is subject to a tenancy on completion – 24.3.1 the vendor authorises the purchaser to have any accounting records relating to the tenancy inspected and audited and to have any other document relating to the tenancy inspected; 24.3.2 the vendor must serve any information about the tenancy reasonably requested by the purchaser before or after completion; and 24.3.3 normally, the purchaser can claim compensation (before or after completion) if – ● a disclosure statement required by the Retail Leases Act 1994 was not given when required; ● such a statement contained information that was materially false or misleading; ● a provision of the lease is not enforceable because of a non-disclosure in such a statement; or ● the lease was entered into in contravention of the Retail Leases Act 1994.

If the property is subject to a tenancy on completion – 24.4.1 the vendor must allow or transfer – ● any remaining bond money or any other security against the tenant's default (to the extent the security is transferable); ● any money in a fund established under the lease for a purpose and compensation for any money in the fund or interest earnt by the fund that has been applied for any other purpose; and ● any money paid by the tenant for a purpose that has not been applied for that purpose and compensation for any of the money that has been applied for any other purpose; 24.4.2 if the security is not transferable, each party must do everything reasonable to cause a replacement security to issue for the benefit of the purchaser and the vendor must hold the original security on trust for the benefit of the purchaser until the replacement security issues; 24.4.3 the vendor must give to the purchaser – ● a proper notice of the transfer (an attornment notice) addressed to the tenant; ● any certificate given under the Retail Leases Act 1994 in relation to the tenancy; ● a copy of any disclosure statement given under the Retail Leases Act 1994; ● a copy of any document served on the tenant under the lease and written details of its service, if the document concerns the rights of the landlord or the tenant after completion; and ● any document served by the tenant under the lease and written details of its service, if the document concerns the rights of the landlord or the tenant after completion; 24.4.4 the vendor must comply with any obligation to the tenant under the lease, to the extent it is to be complied with by completion; and 24.4.5 the purchaser must comply with any obligation to the tenant under the lease, to the extent that the obligation is disclosed in this contract and is to be complied with after completion.

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24 24.1

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16 Land – 2019 edition normally, the abstract of title need not include any document which does not show the location, area or dimensions of the land (for example, by including a metes and bounds description or a plan of the land); 25.7.2 clause 25.7.1 does not apply to a document which is the good root of title; and 25.7.3 the vendor does not have to provide an abstract if this contract contains a delimitation plan (whether in registrable form or not).

The vendor must give a proper covenant to produce where relevant.

The vendor does not have to produce or covenant to produce a document that is not in the possession of the vendor or a mortgagee.

If the vendor is unable to produce an original document in the chain of title, the purchaser will accept a photocopy from the Registrar-General of the registration copy of that document.

25.7.1

25.8 25.9 25.10

Crown purchase money This clause applies only if purchase money is payable to the Crown, whether or not due for payment.

The vendor is liable for the money, except to the extent this contract says the purchaser is liable for it.

To the extent the vendor is liable for it, the vendor is liable for any interest until completion.

To the extent the purchaser is liable for it, the parties must adjust any interest under clause 14.1.

27 27.1

Consent to transfer This clause applies only if the land (or part of it) cannot be transferred without consent under legislation or a planning agreement.

The purchaser must properly complete and then serve the purchaser's part of an application for consent to transfer of the land (or part of it) within 7 days after the contract date.

The vendor must apply for consent within 7 days after service of the purchaser's part.

If consent is refused, either party can rescind.

If consent is given subject to one or more conditions that will substantially disadvantage a party, then that party can rescind within 7 days after receipt by or service upon the party of written notice of the conditions.

If consent is not given or refused – 27.6.1 within 42 days after the purchaser serves the purchaser's part of the application, the purchaser can rescind; or 27.6.2 within 30 days after the application is made, either party can rescind.

Each period in clause 27.6 becomes 90 days if the land (or part of it) is – 27.7.1 under a planning agreement; or 27.7.2 in the Western Division.

If the land (or part of it) is described as a lot in an unregistered plan, each time in clause 27.6 becomes the later of the time and 35 days after creation of a separate folio for the lot.

The date for completion becomes the later of the date for completion and 14 days after service of the notice granting consent to transfer.

27.8 27.9 28 28.1 28.2

28.3

28.4 28.5 28.6 29 29.1 29.2 29.3 29.4 29.5 29.6

29.7

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27.6

Unregistered plan This clause applies only if some of the land is described as a lot in an unregistered plan.

The vendor must do everything reasonable to have the plan registered within 6 months after the contract date, with or without any minor alteration to the plan or any document to be lodged with the plan validly required or made under legislation.

If the plan is not registered within that time and in that manner – 28.3.1 the purchaser can rescind; and 28.3.2 the vendor can rescind, but only if the vendor has complied with clause 28.2 and with any legislation governing the rescission.

Either party can serve notice of the registration of the plan and every relevant lot and plan number.

The date for completion becomes the later of the date for completion and 21 days after service of the notice.

Clauses 28.2 and 28.3 apply to another plan that is to be registered before the plan is registered.

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27.2

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26 26.1 26.2 26.3 26.4

Conditional contract This clause applies only if a provision says this contract or completion is conditional on an event.

If the time for the event to happen is not stated, the time is 42 days after the contract date.

If this contract says the provision is for the benefit of a party, then it benefits only that party.

If anything is necessary to make the event happen, each party must do whatever is reasonably necessary to cause the event to happen.

A party can rescind under this clause only if the party has substantially complied with clause 29.4.

If the event involves an approval and the approval is given subject to a condition that will substantially disadvantage a party who has the benefit of the provision, the party can rescind within 7 days after either party serves notice of the condition.

If the parties can lawfully complete without the event happening – 29.7.1 if the event does not happen within the time for it to happen, a party who has the benefit of the provision can rescind within 7 days after the end of that time; 29.7.2 if the event involves an approval and an application for the approval is refused, a party who has the benefit of the provision can rescind within 7 days after either party serves notice of the refusal; and

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17 Land – 2019 edition the date for completion becomes the later of the date for completion and 21 days after the earliest of – ● either party serving notice of the event happening; ● every party who has the benefit of the provision serving notice waiving the provision; or ● the end of the time for the event to happen.

If the parties cannot lawfully complete without the event happening – 29.8.1 if the event does not happen within the time for it to happen, either party can rescind; 29.8.2 if the event involves an approval and an application for the approval is refused, either party can rescind; 29.8.3 the date for completion becomes the later of the date for completion and 21 days after either party serves notice of the event happening.

A party cannot rescind under clauses 29.7 or 29.8 after the event happens.

29.7.3

29.9 30 30.1

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30.3

Electronic transaction This Conveyancing Transaction is to be conducted as an electronic transaction if – 30.1.1 this contract says that it is an electronic transaction; 30.1.2 the parties otherwise agree that it is to be conducted as an electronic transaction; or 30.1.3 the conveyancing rules require it to be conducted as an electronic transaction.

However, this Conveyancing Transaction is not to be conducted as an electronic transaction – 30.2.1 if the land is not electronically tradeable or the transfer is not eligible to be lodged electronically; or 30.2.2 if, at any time after the effective date, but at least 14 days before the date for completion, a party serves a notice stating a valid reason why it cannot be conducted as an electronic transaction.

If, because of clause 30.2.2, this Conveyancing Transaction is not to be conducted as an electronic transaction – 30.3.1 each party must – ● bear equally any disbursements or fees; and ● otherwise bear that party’s own costs; incurred because this Conveyancing Transaction was to be conducted as an electronic transaction; and 30.3.2 if a party has paid all of a disbursement or fee which, by reason of this clause, is to be borne equally by the parties, that amount must be adjusted under clause 14.2.

If this Conveyancing Transaction is to be conducted as an electronic transaction – 30.4.1 to the extent that any other provision of this contract is inconsistent with this clause, the provisions of this clause prevail; 30.4.2 normally, words and phrases used in this clause 30 (italicised and in Title Case, such as Electronic Workspace and Lodgment Case) have the same meaning which they have in the participation rules; 30.4.3 the parties must conduct the electronic transaction – ● in accordance with the participation rules and the ECNL; and ● using the nominated ELN, unless the parties otherwise agree; 30.4.4 a party must pay the fees and charges payable by that party to the ELNO and the Land Registry as a result of this transaction being an electronic transaction; 30.4.5 any communication from one party to another party in the Electronic Workspace made – ● after the effective date; and ● before the receipt of a notice given under clause 30.2.2; is taken to have been received by that party at the time determined by s13A of the Electronic Transactions Act 2000; and 30.4.6 a document which is an electronic document is served as soon as it is first Digitally Signed in the Electronic Workspace on behalf of the party required to serve it.

Normally, the vendor must within 7 days of the effective date – 30.5.1 create an Electronic Workspace; 30.5.2 populate the Electronic Workspace with title data, the date for completion and, if applicable, mortgagee details; and 30.5.3 invite the purchaser and any discharging mortgagee to the Electronic Workspace.

If the vendor has not created an Electronic Workspace in accordance with clause 30.5, the purchaser may create an Electronic Workspace. If the purchaser creates the Electronic Workspace the purchaser must – 30.6.1 populate the Electronic Workspace with title data; 30.6.2 create and populate an electronic transfer; 30.6.3 populate the Electronic Workspace with the date for completion and a nominated completion time; and 30.6.4 invite the vendor and any incoming mortgagee to join the Electronic Workspace.

Normally, within 7 days of receiving an invitation from the vendor to join the Electronic Workspace, the purchaser must – 30.7.1 join the Electronic Workspace; 30.7.2 create and populate an electronic transfer; 30.7.3 invite any incoming mortgagee to join the Electronic Workspace; and 30.7.4 populate the Electronic Workspace with a nominated completion time.

CO VE

29.8

30.5

30.6

30.7

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30.11

30.12

30.14

30.16

PR

EC I

30.15

NC T

F, S

30.13

CO VE

30.10

LL

30.9

Land – 2019 edition If the purchaser has created the Electronic Workspace the vendor must within 7 days of being invited to the Electronic Workspace – 30.8.1 join the Electronic Workspace; 30.8.2 populate the Electronic Workspace with mortgagee details, if applicable; and 30.8.3 invite any discharging mortgagee to join the Electronic Workspace.

To complete the financial settlement schedule in the Electronic Workspace – 30.9.1 the purchaser must provide the vendor with adjustment figures at least 2 business days before the date for completion; 30.9.2 the vendor must confirm the adjustment figures at least 1 business day before the date for completion; and 30.9.3 if the purchaser must make a GSTRW payment or an FRCGW remittance, the purchaser must populate the Electronic Workspace with the payment details for the GSTRW payment or FRCGW remittance payable to the Deputy Commissioner of Taxation at least 2 business days before the date for completion.

Before completion, the parties must ensure that – 30.10.1 all electronic documents which a party must Digitally Sign to complete the electronic transaction are populated and Digitally Signed; 30.10.2 all certifications required by the ECNL are properly given; and 30.10.3 they do everything else in the Electronic Workspace which that party must do to enable the electronic transaction to proceed to completion.

If completion takes place in the Electronic Workspace – 30.11.1 payment electronically on completion of the price in accordance with clause 16.7 is taken to be payment by a single settlement cheque; 30.11.2 the completion address in clause 16.11 is the Electronic Workspace; and 30.11.3 clauses 13.13.2 to 13.13.4, 16.8, 16.12, 16.13 and 31.2.2 to 31.2.4 do not apply.

If the computer systems of any of the Land Registry, the ELNO or the Reserve Bank of Australia are inoperative for any reason at the completion time agreed by the parties, a failure to complete this contract for that reason is not a default under this contract on the part of either party.

If the computer systems of the Land Registry are inoperative for any reason at the completion time agreed by the parties, and the parties choose that financial settlement is to occur despite this, then on financial settlement occurring – 30.13.1 all electronic documents Digitally Signed by the vendor, the certificate of title and any discharge of mortgage, withdrawal of caveat or other electronic document forming part of the Lodgment Case for the electronic transaction shall be taken to have been unconditionally and irrevocably delivered to the purchaser or the purchaser’s mortgagee at the time of financial settlement together with the right to deal with the land comprised in the certificate of title; and 30.13.2 the vendor shall be taken to have no legal or equitable interest in the property.

A party who holds a certificate of title must act in accordance with any Prescribed Requirement in relation to the certificate of title but if there is no Prescribed Requirement, the vendor must serve the certificate of title after completion.

If the parties do not agree about the delivery before completion of one or more documents or things that cannot be delivered through the Electronic Workspace, the party required to deliver the documents or things – 30.15.1 holds them on completion in escrow for the benefit of; and 30.15.2 must immediately after completion deliver the documents or things to, or as directed by; the party entitled to them.

In this clause 30, these terms (in any form) mean – adjustment figures details of the adjustments to be made to the price under clause 14; certificate of title the paper duplicate of the folio of the register for the land which exists immediately prior to completion and, if more than one, refers to each such paper duplicate; completion time the time of day on the date for completion when the electronic transaction is to be settled; conveyancing rules the rules made under s12E of the Real Property Act 1900; discharging mortgagee any discharging mortgagee, chargee, covenant chargee or caveator whose provision of a Digitally Signed discharge of mortgage, discharge of charge or withdrawal of caveat is required in order for unencumbered title to the property to be transferred to the purchaser; ECNL the Electronic Conveyancing National Law (NSW); effective date the date on which the Conveyancing Transaction is agreed to be an electronic transaction under clause 30.1.2 or, if clauses 30.1.1 or 30.1.3 apply, the contract date; electronic document a dealing as defined in the Real Property Act 1900 which may be created and Digitally Signed in an Electronic Workspace; electronic transfer a transfer of land under the Real Property Act 1900 for the property to be prepared and Digitally Signed in the Electronic Workspace established for the purposes of the parties’ Conveyancing Transaction;

HE

30.8

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

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electronically tradeable incoming mortgagee mortgagee details participation rules populate title data

32 32.1 32.2 32.3

CO VE

LL

Residential off the plan contract This clause applies if this contract is an off the plan contract within the meaning of Division 10 of Part 4 of the Conveyancing Act 1919 (the Division).

No provision of this contract has the effect of excluding, modifying or restricting the operation of the Division.

If the purchaser makes a claim for compensation under the terms prescribed by clause 6A of the Conveyancing (Sale of Land) Regulation 2017 – 32.3.1 the purchaser cannot make a claim under this contract about the same subject matter, including a claim under clauses 6 or 7; and 32.3.2 the claim for compensation is not a claim under this contract.

This clause does not apply to a contract made before the commencement of the amendments to the Division under the Conveyancing Legislation Amendment Act 2018.

PR

32.4

HE

31.5

F, S

31.3 31.4

NC T

31.2

Foreign Resident Capital Gains Withholding This clause applies only if – 31.1.1 the sale is not an excluded transaction within the meaning of s14-215 of Schedule 1 to the TA Act; and 31.1.2 a clearance certificate in respect of every vendor is not attached to this contract.

The purchaser must – 31.2.1 at least 5 days before the date for completion, serve evidence of submission of a purchaser payment notification to the Australian Taxation Office by the purchaser or, if a direction under clause 4.3 has been served, by the transferee named in the transfer served with that direction; 31.2.2 produce on completion a settlement cheque for the FRCGW remittance payable to the Deputy Commissioner of Taxation; 31.2.3 forward the settlement cheque to the payee immediately after completion; and 31.2.4 serve evidence of receipt of payment of the FRCGW remittance.

The vendor cannot refuse to complete if the purchaser complies with clauses 31.2.1 and 31.2.2.

If the vendor serves any clearance certificate or variation, the purchaser does not have to complete earlier than 7 days after that service and clause 21.3 does not apply to this provision.

If the vendor serves in respect of every vendor either a clearance certificate or a variation to 0.00 percent, clauses 31.2 and 31.3 do not apply.

EC I

31 31.1

Land – 2019 edition a Conveyancing Transaction to be conducted for the parties by their legal representatives as Subscribers using an ELN and in accordance with the ECNL and the participation rules; a land title that is Electronically Tradeable as that term is defined in the conveyancing rules; any mortgagee who is to provide finance to the purchaser on the security of the property and to enable the purchaser to pay the whole or part of the price; the details which a party to the electronic transaction must provide about any discharging mortgagee of the property as at completion; the participation rules as determined by the ECNL; to complete data fields in the Electronic Workspace; and the details of the title to the property made available to the Electronic Workspace by the Land Registry.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

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ADDITIONAL PROVISIONS 33.

Overriding Provisions ........................................................................................................................... 21

34.

Inconsistencies between clauses ........................................................................................................ 22

35.

Registration of plan .............................................................................................................................. 22

36.

Death etc of a party ............................................................................................................................. 24

37.

Intentionally Omitted ............................................................................................................................ 24

38.

Notice to serve form of transfer and/or complete ................................................................................ 24

39.

Waiver .................................................................................................................................................. 24

40.

Delayed Completion ............................................................................................................................ 25

41.

Notices ................................................................................................................................................. 25

42.

Dispute resolution ................................................................................................................................ 25

43.

Requisitions ......................................................................................................................................... 26

44.

Purchaser's acknowledgement ............................................................................................................ 26

45.

Council rate adjustment ....................................................................................................................... 29

46.

Purchaser may not lodge caveat ......................................................................................................... 29

47.

Entire agreement ................................................................................................................................. 29

48.

Deposit ................................................................................................................................................. 29

49.

Sewer Diagram .................................................................................................................................... 30

50.

Adjoining Land Owned by Vendor ....................................................................................................... 30

51.

Intentionally Omitted ............................................................................................................................ 30

52.

GST...................................................................................................................................................... 30

53.

Deposit Bond ....................................................................................................................................... 31

54.

Government Information (Public Access) Act 2009 (“the Act”) ............................................................ 32

55.

Foreign Investment Review Board ...................................................................................................... 32

56.

Guarantee ............................................................................................................................................ 34

57.

Trustee provisions ............................................................................................................................... 35

58.

Assignment by Purchaser .................................................................................................................... 36

59.

Construction of Dwelling ...................................................................................................................... 36

60.

No Resale Without Consent ................................................................................................................ 37

61.

Plan Approval ...................................................................................................................................... 37

62.

GST withholding tax ............................................................................................................................. 38

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ADDITIONAL PROVISIONS 33.

Overriding Provisions

33.1

Application 33.1.1 Notwithstanding any other provision of this contract (including the printed clauses and additional provisions), the parties agree that the provisions set out in this clause 33 apply and prevail to the extent of any inconsistency

33.1.2 Subject to any rights of the purchaser under any relevant legislation which cannot be excluded, the purchaser cannot make any claim or requisition or rescind or terminate because of the inclusion of this clause 33.

33.2

Definitions Notwithstanding any other provision of this contract: 33.2.1 The following new definitions apply: 33.2.1.1 Disclosure Statement has the meaning given to that term in Division 10 and is the document titled ‘Disclosure Statement’ attached to this contract as required by s66ZM of the Conveyancing Act. 33.2.1.2 Division 10 means Division 10 of Part 4 of the Conveyancing Act. 33.2.1.3 Material Particular has the meaning given in s66ZL of the Conveyancing Act and clause 19A of the Conveyancing Regulation.

33.2.1.4 Purchaser’s Rights means the right of the purchaser to rescind under Division 10 or make a claim for compensation under clause 6B of the Conveyancing Regulation 33.2.1.5 Schedule of Finishes means the schedule of standard inclusions for the apartment attached to this contract as may be varied in accordance with the terms of this contract.

33.3

Date for Completion Notwithstanding any other provision of this contract, the date for completion is the latest of: 33.3.1

the date for completion as already set out in this contract; and

33.3.2

the date that is 15 business days from the date the vendor serves: 33.3.2.1

notice of registration of the plan; and

33.3.2.2

copies of the registered plan and each document that was registered with that plan.

33.4

Additional Provisions 33.4.1 The purchaser acknowledges that the Disclosure Statement was attached to this contract before the contract was signed by or on behalf of the purchaser.

33.4.2 The provisions of this contract do not affect the rights of the purchaser to make a claim for compensation under the Conveyancing Regulation or to rescind under Division 10 nor the

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obligation of the vendor to serve a notice of change under Division 10 and are to be read subject to the provisions of the Conveyancing Regulation and Division 10 as applicable.

33.4.3 The purchaser cannot make a claim under this this contract (including under a clause in the printed clauses) if the purchaser has made a claim for compensation about the same subject matter under clause 6B of the Conveyancing Regulation.

33.4.4 Any limitation on the right of the purchaser to “rescind” or “terminate” or make a “claim” or “requisition” in any clause of the contract for sale is subject to the rights of the purchaser under any relevant legislation that cannot be excluded (including the Purchaser’s Rights).

33.4.5 Any reference to “Finishes & Inclusions” in the attachments to this contract for sale is taken to be a reference to a “Schedule of Finishes” 34.

Inconsistencies between clauses

34.1

If there is any inconsistency between any of the clauses 1 to 32 inclusive and the following clauses, then the provisions of the following clauses shall prevail.

35.

Registration of plan

35.1

Completion of this Contract is subject to registration at NSW Land Registry Services of a Deposited Plan ("the plan") substantially in accordance with the unregistered draft plan attached to this Contract prior to 30 July 2022 ("the Sunset Date").

35.2

The Vendor reserves the right to make such alterations to the plan as may be required to comply with requirements of the LPI NSW or other Authority whose consent is required.

35.3

The Vendor may: 35.3.1 create further easements covenants and restrictions as to user in addition to those set out and disclosed in this Contract (if any) and, in that event, such further documents required to bring about such creation shall be deemed to have been attached to and to form part of this Contract; 35.3.2 without limiting this clause, change the location of easements as set out in the plan which the Vendor reasonably considers necessary or desirable and as required by any of the terms and conditions of any Development Approval (provided however, no such creation or change may result in any substantially detrimental effect upon the value or amenity of the property sold).

35.4

Notwithstanding anything contained elsewhere in this Contract, the numbering of lots, the dimensions of lots and the positions of lots shown on the plan are provisional and are subject to the numbering of lots, the total area of lots and the position of lots shown on the plan as registered and

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the Purchaser may not make any objection, requisition or claim, delay completion or rescind or terminate this Contract because of any alteration in the numbering of lots between the plan and the plan as registered or because of any variations or discrepancies between the total area of lots or the positions of lots as shown on the plan as registered PROVIDED that if there are variations or discrepancies between the dimensions or the position of the property as shown on the plan and the plan as registered which detrimentally affect the land to an extent which is other than minor, the Purchaser may rescind this Contract by written notice to the Vendor whereupon the provisions of printed clause 19 shall apply, with the Purchaser not having any action, right, claim or demand against the Vendor arising out of this Contract for costs, damages, expenses or otherwise. A variation in total area of up to five per cent (5%) shall be deemed minor.

35.5

The right of rescission conferred by clause 35.4 shall be exercised (if it arises at all) within fourteen (14) days of the date upon which the Vendor gives notice to the Purchaser of registration of the plan. If not exercised within the said 14 days this Contract becomes and remains binding in all respects as though the right of rescission had not arisen.

35.6

In the event that registration of the plan has not occurred by the Sunset Date or any extension of it pursuant to clause 35.7, either party or their respective Solicitors may, by notice in writing, to the other or their Solicitor served at any time after the expiry of that date, but before registration, rescind this Contract whereupon the provisions of printed clause 19 hereof shall apply. If the said right to rescind is not so exercised this Contract becomes and remains binding in all respects as though the right of rescission had not arisen.

35.7

If registration of the subdivision is delayed due in whole or in part to one or more of the following: 35.7.1 damage and/or delay by fire or explosion or earthquake or lightning or storm or tempest or war or civil commotion or strikes; 35.7.2 in consequence of proceedings being taken or threatened by or disputes with adjoining or neighbouring owners; 35.7.3 on account of the delay by any local or other authority in giving any necessary approval provided by the Vendor has taken all reasonable steps to obtain such approval; 35.7.4 the Purchaser’s instructions for variations (as may be agreed to by the Vendor) in construction and finishes; 35.7.5 the delay of LPI NSW in registering any document or dealing; 35.7.6 inclement weather; 35.7.7 by any other cause matter or thing beyond the control of the Vendor

then the Vendor may at any time or times thereafter by written notice to the Purchaser substitute for the dates in clauses 35.1 another date which takes into account such delay or delays, provided however no extension or extensions for delay shall be, or be in aggregate, greater than 12 months.

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36.

Death etc of a party

36.1

If, before completion, the Purchaser or any one of them : 36.1.1 dies or becomes mentally ill or becomes incapable of managing his or her affairs, the Vendor can rescind; or 36.1.2 is declared bankrupt or enters into any scheme or makes any assignment for the benefit of creditors or (being a company) resolves to go into liquidation or has a petition for its winding up presented or enters into any scheme or arrangement with its creditors or has a liquidator, provisional liquidator, receiver or official manager appointed, the Purchaser is in default under this Contract and the Vendor may terminate the Contract forthwith by notice in writing to the Purchaser.

37.

Intentionally Omitted

38.

Notice to serve form of transfer and/or complete

38.1

If this Contract is not completed on the completion date by the time specified in this Contract:

38.1.1 the Vendor can serve a notice including a notice served after that time: 38.1.1.1

if the Purchaser has failed to serve the form of transfer, to require the Purchaser to do so within not less than 2 business days after service of the notice; or

38.1.1.2

to require the Purchaser to complete within not less than 14 days after service of the notice; or

38.1.1.3

to require both, and to make the time for doing so essential;

38.1.2 the Purchaser can serve a notice to require the Vendor to complete within not less than 14 days after service of the notice and to make the time for doing so essential.

38.2

The periods referred to in this clause are deemed reasonable for all purposes.

38.3

The party giving a notice under this clause can withdraw that notice and subsequently serve a further notice instead of that notice.

39.

39.1

Waiver Any express right to rescind is for the benefit of both parties and cannot be waived by only one party.

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40.

Delayed Completion

40.1

If the Purchaser shall not complete this purchase by the completion date, without default by the Vendor, the Purchaser shall pay to the Vendor on completion, in addition to the balance purchase money: 40.1.1 an amount calculated as ten per cent (10%) per annum interest on the balance purchase money, computed at a daily rate from the day immediately after the completion date to the day on which this sale shall be completed; and 40.1.2 the sum of three hundred fifty dollars plus GST ($350.00 + GST) to cover legal costs and other expenses incurred as a consequence of the delay to be allowed by the Purchaser as an additional adjustment on completion;

40.2

It is agreed that these amounts are a genuine pre-estimate of the Vendor's loss of interest on the purchase money and for outgoings and additional expenses.

41.

Notices

41.1

Despite paragraph 20.6.5 a document is served for the purposes of this Contract if it is sent by facsimile transmission to the party's solicitor at that solicitor's facsimile number (whether or not stated in this Contract) and it is deemed to have been received when the transmission has been completed except where: 41.1.1 the sender's machine indicates a malfunction in transmission or the recipient immediately notifies the sender of an incomplete transmission, in which case the notice or document is deemed not to have been given or received; or 41.1.2 the time of dispatch is later than 5.00 pm on a business day in the place to which the notice or document is sent, in which case it is deemed to have been received at 9.00 am on the next business day at that place.

42.

Dispute resolution

42.1

If a dispute arises out of or relates to this Contract, including any dispute as to breach or termination of this Contract or as to any claim in tort, in equity or under any statute, a party can not commence any court or arbitration proceedings relating to the dispute unless that party has complied with the following sub-clauses except where that party seeks urgent interlocutory relief.

42.2

A party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute.

42.3

On receipt of that notice by the other party, the parties must try in good faith to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them.

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42.4

If the parties do not agree within 7 days of receipt of the notice, or any further period agreed in writing by them, as to: 42.4.1 the dispute resolution technique and procedures to be adopted; 42.4.2 the timetable for all steps in those procedures; 42.4.3 the selection and compensation of the independent person required for such technique, the parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales and must request the President of the Law Society of New South Wales or the President's nominee to select the mediator and determine the mediator's remuneration.

43.

Requisitions

43.1

The printed conditions of this Contract are amended by deleting "twenty-one (21) days" where those numbers and words appear in subclauses 5.2.1 and 5.2.2 and replacing them with "ten (10) days".

43.2

For the purposes of clause 5.1, those requisitions made by the Purchaser in the attached form of requisitions shall (subject to printed clause 5.2) be the only requisitions made by the Purchaser and the Vendor is deemed to have answered those requisitions in accordance with the answers shown on that attached form of requisitions.

44.

Purchaser's acknowledgement

44.1

The Vendor proposes to develop the balance of the land owned by the Vendor in and adjoining Shell Cove. The proposed developments include (but may not be limited to) a boat harbour, town centre, commercial and residential buildings, further land subdivisions and the construction of civic amenities including playing fields.

44.2

The Purchaser specifically acknowledges that the Vendor has disclosed and that the Purchaser is aware of each the following matters in respect of the proposed developments: 44.2.1 The proposed developments may involve multi-storey buildings and mixed uses including (but not limited to) hotels, residential apartments, commercial uses, community centres, carparks and a district retail centre; 44.2.2 The Vendor cannot and does not warrant that all the proposed developments will proceed; 44.2.3 Harbour Boulevard will be the single access route between Bass Point Tourist Reserve, any future Commercial Precinct and Bass Point Quarry Management Offices; 44.2.4 Boolwarroo Parade and Bass Point Tourist Road will be permanently severed to allow for the connection between the boat harbour and the ocean ; 44.2.5 There will be: 44.2.5.1

24 hour public access to the beach, car park and to a boat launching ramp and associated facilities; and

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44.2.5.2

24 hour operation of water based commercial facilities and land based Marina Maintenance and Dry Boat storage facilities conducted as part of the boat harbour;

44.2.6 There will be access for helicopters to land and take off from playing fields.

44.2.7 There may be a commercial precinct / business park fronting Harbour Boulevard adjacent to the playing fields.

44.2.8 and the Purchaser: 44.2.8.1

must not make any claim for compensation, requisition or delay completion in respect of any of these matters; and

44.2.8.2

acknowledges that the property the subject of this Contract may be affected by emissions, noise and vibrations, dust and other impacts arising from such construction, development and ongoing activities; and

44.2.8.3

44.3

agrees that the provisions of this subclause shall not merge on completion.

The purchaser acknowledges that both before and after completion the vendor and persons authorised by the vendor are entitled to and will: 44.3.1 carry on construction on, and further develop, land at Shell Cove; 44.3.2 conduct selling activities on land at Shell Cove; 44.3.3 place and maintain on land at Shell Cove signs, advertisements, boards, writing, plates, signals, illuminations, banners and insignia in connection with those selling activities; 44.3.4 erect, maintain and use land at Shell Cove as a housing display centre, 44.3.5 erect and maintain acoustic barriers along Bass Point quarry haul road as required and approved by Authorities,

as the vendor in its absolute discretion thinks fit. The Purchaser acknowledges that the property the subject of this Contract may be affected by emissions, noise and vibrations, dust and other impacts arising from such construction and development, the operation of the quarry nearby and the ongoing operation and associated activities of the marina maintenance and dry boat storage facility and boat ramp car park

. The purchaser will make no claim for compensation or

objection to such construction, development activities, quarry operation or marina maintenance and dry boat storage facility and boat ramp carpark and agrees that the provisions of this subclause shall not merge on completion.

44.4

The Purchaser acknowledges that by reason of the development of a lot or lots adjoining the land, the land may adversely suffer loss of solar access, visual amenity and views (even though such loss is mitigated by reason of the dimensions of the land and such adjoining lots). The Purchaser must not make any claim for compensation, requisition or delay completion in respect of such loss and the consequences of such loss in his ability to develop the land.

44.5

The purchaser acknowledges that:

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44.5.1 in entering into this contract they have not relied upon any warranty or representation made by or any other conduct engaged in by the vendor or any agent or person on behalf of the vendor except such as are expressly provided in this contract but has relied entirely upon his own enquiries; 44.5.2 neither the vendor nor any agent or person on behalf of the vendor has made any representation or warranty upon which the purchaser relies as to the fitness or suitability for any particular purpose of the property;

44.6

The vendor discloses that the vendor may (at its sole discretion), subject to any requirements under the Environmental Planning and Assessment Act, 1979, exhibit and adopt a new Shell Cove Development Control Plan.

44.6.1 The Purchaser specifically acknowledges that they have read and is aware of the terms of the Killalea State Park Plan of Management Addendum dated December 2005 which permits a range of types of holiday accommodation and associated recreational and sporting facilities and retailing activities.

44.6.2 The Purchaser will make no claim for compensation or requisition and will not delay completion as the result of any such activities constructed or intended within Killalea State Park.

44.7

The purchaser represents and warrants that: 44.7.1 it was not induced to enter into this contract by, and did not rely on, any representations or warranties made by or on behalf of the vendor (including representations or warranties about the nature of, or the suitability for any purpose of, or the potential financial return from, the property) except those representations and warranties set out in this contract; and 44.7.2 in entering into this contract the purchaser has relied entirely on its own enquiries relating to the property; and 44.7.3 the purchaser has obtained appropriate independent advice about this contract and is satisfied about: 44.7.3.1 its obligations and rights under this contract; and 44.7.3.2 its obligations under the Strata Management Statement and all other attachments to this contract; and 44.7.3.3 the purposes for which the property may be lawfully used; and 44.7.3.4 the Development Approvals affecting the property; and 44.7.3.5 the purchaser’s entitlement (if any) to claim income tax deductions for depreciation of any depreciating assets included in the sale, or in connection with the cost of construction of Icon generally.

44.7.4

on the date of this contract that it is not illegally transferring funds from the People’s Republic of China (“PRC”) to pay the deposit;

44.7.5

on the completion date that it is not illegally transferring funds from the People’s Republic of China (“PRC”) to pay the balance of the price; and

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29

44.7.6

on the date of this contract, it has access to sufficient funds in a location outside of the PRC to enable it to pay the balance of the price.

44.7.7

by entering into the contract, and the transactions contemplated by the contract, it is not in breach of any applicable laws in the PRC and any other legal prohibitions on money laundering, trade control and sanctions applicable to the performance of this contract (including by virtue of the place of domicile or operations of the parties to this contract and their related parties).

45.

Council rate adjustment

45.1

Notwithstanding any other provision of this Contract, in the event there is at completion no separate assessment of Council rates: 45.1.1 the Vendor and Purchaser agree that the amount of the Council rates to be apportioned and adjusted on completion will be $1,500.00 per annum as though they have not been paid by the Vendor and that there shall be no further adjustment following completion; 45.1.2 the Purchaser shall not require the Vendor to pay unpaid Council rates (if any) on, prior to or after completion and shall accept from the Vendor on completion (in full satisfaction of the Vendor's obligation to adjust Council rates) an allowance apportioned for the period commencing the date the plan is registered and ending on the completion date calculated in accordance with clause Error! Reference source not found.

45.2

The benefits of this clause shall not merge on completion.

46.

Purchaser may not lodge caveat

46.1

The Purchaser must not lodge a Caveat for notation on the folio of the register for the property, but in the event the Purchaser so lodges a Caveat in contravention of this clause, the Purchaser appoints the Vendor its Attorney for the purposes of doing anything necessary to have that Caveat withdrawn.

47.

Entire agreement The parties acknowledge that the terms and conditions set out in this Contract contain the entire agreement as concluded between the parties as at the date of this Contract notwithstanding any negotiations or discussions held or documents signed or brochures produced or statements made by the Vendor or any agent or person on behalf of the Vendor prior to the execution of this Contract.

48.

Deposit

48.1

The definition of depositholder in printed clause 1 is deleted and replaced with “Vendor’s Solicitors”.

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48.2

In the event this Contract on printed page 1 indicates that the deposit shall be invested, the parties hereby, for the purposes of printed clause 2.9, tell the Vendor's Solicitors that the deposit is to be invested, but notwithstanding, they shall not be obliged to invest such deposit until the Purchaser’s Solicitor has provided to them details of the Purchaser’s Tax File Number and date of birth.

48.3

Printed clause 2.9 is amended so that if the Purchaser completes this Contract in accordance with its terms, all interest earned on investment of the deposit shall be paid to the Purchaser.

48.4

The Purchaser authorises the deduction of $300.00 + GST from the interest to be paid to him pursuant to this provision as reimbursement of expenses the Vendor incurs in relation to the investing of the deposit and its withdrawal.

49.

Sewer Diagram

49.1

No diagram is available from Sydney Water indicating the location of the sewer in relation to the land.

49.2

Attached hereto is a drawing showing the proposed position of sewer pipes. Notwithstanding that drawing may show different allotment numbers, the Purchaser acknowledges they have satisfied themselves as to the position of sewer pipes and shall raise no requisition, objection or claim for compensation in relation to the position of any sewer pipe.

50.

Adjoining Land Owned by Vendor The Purchaser acknowledges that adjoining land is/may be owned by the Vendor and that the Vendor is not obliged to contribute to fencing work. The benefit of this clause does not merge on completion.

51.

Intentionally Omitted

52.

GST Printed clause 13.10 of this Contract is deleted.

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31

53.

Deposit Bond

53.1

In this contract, the word “Bond” means the deposit bond issued to the vendor at the request of the purchaser by an entity in clause 53.9, or a bank guarantee issued by a bank in clause 53.10 (in either case, “the Issuer”).

53.2

The purchaser may pay the deposit by way of a Bond provided that it is issued by one of the entities referred to in clause 53.9 and if the Bond contains an expiry date it is not earlier than 15 months after the Sunset Date.

53.3

Subject to clauses 53.4 and 53.5 below, the delivery of the Bond, upon the making of this contract shall, to the extent of the amount guaranteed under the Bond, be deemed for the purposes of this contract to be payment of the deposit in to the deposit holder in accordance with this contract.

53.4

The purchaser shall pay the amount stipulated in the Bond to the vendor by unendorsed bank cheque on completion of this contract or at such time as may be provided for the deposit to be accounted to the vendor.

53.5

If the vendor serves on the purchaser a notice in writing claiming to forfeit the deposit then, to the extent that the amount has not already been paid by the Issuer under the Bond, the purchaser shall forthwith pay the deposit (or so much thereof as has not been paid) to the vendor.

53.6

The vendor acknowledges that payment by the Issuer under the Bond shall, to the extent of the amount paid, be in satisfaction of the purchaser’s obligation to pay the deposit.

53.7

Where a bond pursuant to this clause is given to the vendor the amount guaranteed under the Bond shall be not less than 10% of the price.

53.8

Notwithstanding any other provision of this contract, if the Bond (in this paragraph referred to as the “Original Bond”): 53.8.1 contains an expiry date or a date after which the vendor may not be able to enforce the Original Bond; or 53.8.2 is or, in the reasonable opinion of the vendor is likely to be, unenforceable for any reason,

the purchaser must provide to the vendor a replacement Bond securing the same amount as the Original Bond or a bank cheque of equivalent value (“New Bond”) on the earlier of:

53.8.3 1 month prior to the date in clause 53.8.1; and 53.8.4 7 days after the vendor notifies the purchaser that it has formed the opinion in clause 53.8.2.

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If the New Bond contains an expiry date, it must be not earlier than 12 months from the date of the New Bond. Upon the receipt of the New Bond the vendor will release the Original Bond to the purchaser. If the purchaser does not comply with this clause 53.8, the vendor may, in addition to any other rights and remedies at law, terminate this contract. Time shall be of the essence of the contract in this clause 53.8.

53.9

53.10

The vendor will not accept a deposit bond from entities other than the following:

Bond Provider

Underwriter

Aussie Bonds Australia

QBE Insurance (Australia) Ltd

Deposit Bonds Australia

QBE Insurance (Australia) Ltd

Deposit Underwriters

QBE Insurance (Australia) Ltd

The vendor will not accept a bank guarantee from banks other than the following: Citibank Westpac

Banking

Corp

National

Australia Bank Commonwealth Bank of Australia ANZ BankWest HSBC St George Bank Macquarie Bank Suncorp-Metway IMB Bank Bendigo and Adelaide Bank 54.

Government Information (Public Access) Act 2009 (“the Act”)

54.1

The Purchaser acknowledges they are aware: 54.1.1 that the Vendor is an agency for the purposes of the Act; and 54.1.2 that in order to comply with the requirements of the Act, the Vendor must enter into a register such details of this Contract as are required by the provisions of the Act (“the information”); and 54.1.3 that the Vendor, upon receiving an application from a member of the public for access to the information, may release it in accordance with the requirements imposed upon it by the provisions of the Act.

55.

Foreign Investment Review Board

55.1

If the Purchaser is a "foreign person" as defined under Sections 21A(1) or 4(6) of the Foreign Acquisitions and Takeovers Act, then in addition to the Purchaser's other obligations under this Contract, the following conditions in this clause will apply.

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55.2

The sale and purchase of the property is conditional upon the Treasurer advising the Purchaser that the Treasurer has no objection to the acquisition of the property by the Purchaser either: 55.2.1 unconditionally; or 55.2.2 subject to conditions with which the Purchaser must comply within thirty (30) business days from the date of notice from the Treasurer.

55.3

The Purchaser must: 55.3.1 give notice to the Treasurer under Section 26A of the Foreign Acquisitions and Takeovers Act in the prescribed form; or 55.3.2 comply with all directions on that form,

within five (5) Business Days from the Contract Date.

55.4

The Purchaser must: 55.4.1 use its best endeavours to obtain the approval of the Treasurer under the Foreign Acquisitions and Takeovers Act; and 55.4.2 do all things and provide all information and documents required by the Treasurer or the Foreign Investment Review Board in connection with the application for approval under the Foreign Acquisitions and Takeovers Act promptly and, in any event, within three (3) Business Days of being notified by the Treasurer.

55.5

This Condition: 55.5.1 is for the benefit of both parties; and 55.5.2 may not be waived.

55.6

If this Condition is not satisfied within the period specified in clause or approval of the Treasurer is denied then this Contract will terminate automatically without notice and subject to the Vendor's rights in respect of any antecedent breach of the provisions of this Contract:

55.6.1 the Vendor will repay all money paid by the Purchaser to the Vendor or the Vendor's Representative under this Contract; and 55.6.2 neither the Purchaser nor the Vendor shall have any claim against the other.

55.7

The Purchaser must give the Vendor or the Vendor's Representative a written notice within two (2) Business Days of this Condition being satisfied or otherwise.

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34

56.

Guarantee

56.1

Where the Purchaser is a corporation (including as a trustee of a trust), in consideration of the Vendor entering into this Contract at the request of the Guarantor, the Guarantor:

56.1.1 guarantees to the Vendor: 55.1.1.1

payment of all moneys payable by the Purchaser; and

55.1.1.2

the Purchaser's performance of all other obligations, under this Contract; and

56.1.2 indemnifies the Vendor against any liability, loss, damage, expense or claim incurred by the Vendor arising directly or indirectly from any breach of this Contract by the Purchaser.

56.2

For the purpose of this clause, “Guarantor” means that person or those persons who have signed this Contract in his, her or their capacity or capacities as directors of officers of the Purchaser corporation (as is acknowledged by those signatories).

56.3

This guarantee and indemnity is a principal obligation of the Guarantor and is not collateral to any other obligation.

56.4

The liabilities of a Guarantor are not affected by: 56.4.1 the granting to the Purchaser or to any other person of any time, waiver, indulgence, consideration or concession or the discharge or release;

56.4.2 the Purchaser's death, bankruptcy or liquidation, the Guarantor or any one of them; 56.4.3 reason of the Vendor becoming a party to or bound by any compromise, assignment of property or scheme of arrangement or composition of debts or scheme or reconstruction by or relating to the Purchaser, the Guarantor or any other person; 56.4.4 the Vendor exercising or refraining from exercising any of the rights, powers or remedies conferred on the Vendor by law or by any contract or arrangement with the Purchaser, the Guarantor or any other person or any guarantee, bond, covenant, mortgage or other security; or 56.4.5 the Vendor obtaining a judgment against the Purchaser, the Guarantor or any other person for the payment of the moneys payable under this Contract.

56.5

This guarantee and indemnity will continue notwithstanding: 56.5.1 the Vendor has exercised any of the Vendor's rights under this Contract including any right of termination; 56.5.2 the Purchaser is wound up; or 56.5.3 this Contract is for any reason unenforceable against the Purchaser either in whole or in part.

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35

56.6

This guarantee and indemnity: 56.6.1 is of a continuing nature and will remain in effect until final discharge of the guarantee or indemnity is given by the Vendor to the Guarantor; 56.6.2 may not be considered wholly or partially discharged by the payment of the whole or any part of the amount owed by the Purchaser to the Vendor; and 56.6.3 extends to the entire amount that is now owed or that may become owing at any time in the future to the Vendor by the Purchaser pursuant to or contemplated by this Contract including any interest, costs or charges payable to the Vendor under this Contract.

56.7

If any payment made to the Vendor by or on the Purchaser's behalf by the Guarantor is subsequently avoided by any statutory provision or otherwise: 56.7.1 that payment is to be treated as not discharging the Guarantor's liability for the amount of that payment; and 56.7.2 the Guarantor and the Vendor will be restored to the position in which each would have been and will be entitled to exercise all rights which each would have had if that payment had not been made.

56.8

The Vendor can proceed to recover the amount claimed as a debt or damages from the Guarantor without having instituted legal proceedings against the Purchaser and without first exhausting the Vendor's remedies against the Purchaser.

56.9

It is an essential term of this Contract that this Guarantee is given.

57.

Trustee provisions

57.1

This clause shall apply if the Purchaser enters into this Contract as trustee of any trust (Trust).

57.2

The Purchaser covenants with the Vendor that: 57.2.1 the Purchaser has full, complete and valid authority pursuant to the Trust and the document evidencing the establishment and terms of the Trust (Trust Deed) to enter into this Contract; 57.2.2 the Purchaser is unconditionally liable both in its own right and as trustee of the Trust for the performance of all covenants and agreements on the Purchaser's part contained in this Contract; 57.2.3 the Purchaser is entering into this Contract and the transactions evidenced by this Contract as part of the due and proper administration of the Trust and for the benefit of all of the beneficiaries or unit holders of the Trust.

57.3

The Purchaser acknowledges that: 57.3.1 it is the sole trustee of the Trust; 57.3.2 the powers under the Trust Deed have not been revoked;

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36

57.3.3 it has not been removed from office as trustee of the Trust and has not ceased to act as trustee of the Trust; 57.3.4 no property of the Trust has been resettled or transferred to any other person; 57.3.5 the Trust has not been terminated; 57.3.6 any event or date for the vesting of the property of the Trust has occurred.

57.4

The Vendor's rights of indemnity which the Purchaser has against the trust assets or the beneficiaries or unit holders of the Trust will not be limited.

58.

Assignment by Purchaser

58.1

Printed clause 4.3 is deleted.

58.2

The Purchaser may only assign or novate this Contract (or otherwise dispose of its interest, or any part of it, in this Contract or the property) with the Vendor's prior written consent which may be withheld or granted (with or without conditions) in the Vendor's sole discretion.

58.3

When seeking the Vendor's consent under clause 58.2, the Purchaser must advise the Vendor of the identity of the other party and details of any proposed guarantor.

58.4

This clause is an essential term of this Contract.

59.

Construction of Dwelling

59.1

The Purchaser must execute the attached Deed of Covenant ("Deed") and hand it to the Vendor at the same time as it enters into this Contract; 59.1.1 the Purchaser must execute the attached Deed of Covenant ("Deed") on or before completion and must hand it to the Vendor on completion; 59.1.2 the Purchaser must carry out the Obligations (as defined in the Deed) imposed upon the Purchaser by the terms of the Deed; 59.1.3 the Purchaser must construct the Residence (as defined in the Deed) in accordance with the plans and specifications approved under clause 2(c) of the Deed; 59.1.4 the Purchaser must not vary or depart from the approved plans without the consent of the Vendor which consent, if given at all, may be given subject to conditions provided that the consent of the Vendor is not required for internal variations or departures (for example moving an internal wall to make a room larger) that have no impact on and make no alteration to the external appearance of the Residence.

59.2

The Purchaser acknowledges that this clause is reasonable in the context of The Waterfront Precinct of Shell Cove having been planned and approved as a community with a clearly defined architectural style.

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37

59.3

Rights under this special condition continue after completion of this Contract, whether or not other rights continue.

60.

No Resale Without Consent

60.1

If the Purchaser sells the land before construction of the Residence has been completed, the Purchaser must: 60.1.1 include in the contract for sale of the land a clause in similar terms to clause 59 of this Contract which reflects the Purchaser's contractual obligations under that clause and with the addition that the clause is made for the benefit of the Vendor in this Contract; and 60.1.2 ensure that on completion of the sale by the Purchaser, the purchaser from the Purchaser enters into a deed of covenant with the Vendor on similar terms (mutatis mutandis) as the Deed of Covenant referred to in clause 59.1.1 of this Contract.

60.2

The Purchaser acknowledges that this clause is reasonable in the context of The Waterfront Precinct of Shell Cove having been planned and approved as a community with a clearly defined architectural style.

60.3

Rights under this special condition continue after completion of this Contract, whether or not other rights continue.

61.

Plan Approval

61.1

No later than ten (10) business days prior to the completion date, the Purchaser must submit to Australand Corporation (NSW) Pty Ltd, a division of Frasers Property Australia ("Frasers Property Australia") documentation compliant with Appendices A to D of the Design Guidelines forming part of the Deed of Covenant referred to in clause 59.1.1 for its approval pursuant to clause 2(c) of that Deed of Covenant.

61.2

Frasers Property Australia shall diligently assess whether or not those documents disclose compliance with the requirements of the Design Guidelines and, in the event of non-compliance, shall so inform the Purchaser using its best endeavours to do this no later than ten (10) business days from receipt of the documentation referred to in clause 61.1. During this time, the Purchaser shall, if requested by Frasers Property Australia to do so, promptly provide and give to Frasers Property Australia any further documents, reports, information or the like reasonably required by Frasers Property Australia in order for it to make its assessment.

61.3

In the event, in the opinion of Frasers Property Australia, there is non-compliance, the Vendor may by notice in writing to the Purchaser rescind this Contract whereupon the deposit paid by the Purchaser shall be refunded to the Purchaser save for $2,000.00 plus GST incurred by the Vendor for administrative expenses which shall be retained by the Vendor.

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38

61.4

In the event the Purchaser fails to lodge the documents referred to in clause 61.1 by the time required by the terms of that clause, the Vendor may by notice in writing to the Purchaser rescind this Contract and refund to the Purchaser the deposit paid by the Purchaser save for $2,000.00 plus GST incurred by the Vendor for administrative expenses which shall be retained by the Vendor.

61.5

No further or additional authority shall be required by the depositholder to pay out moneys in accordance with preceding clauses 61.3 and 61.4 and thereafter neither party shall be liable to the other for any sum for costs damages expenses or otherwise.

61.6

In all respects, any time limits imposed by the operation of clause 61.1 shall be of the essence.

62.

GST withholding tax

62.1

Definitions 62.1.1

In this clause 62: 62.1.1.1

ATO means the Australian Taxation Office.

62.1.1.2

Commissioner has the meaning given in the TA Act.

62.1.1.3

TA Act means the Taxation Administration Act 1953 (Cth).

62.1.1.4

GST Withholding Amount means the amount that the purchaser is required to withhold on account of GST from the price and pay to the Commissioner as notified by the vendor in the GST Withholding Notice.

62.1.1.5

GST Withholding Notice means notification required under section 14-255 of Schedule 1 to the TA Act to be made on or before the making of the supply which states whether or not the purchaser is required to make a payment on account of GST to the Commissioner and, if so, the amount of the payment.

62.1.1.6

Form 1 means "Form 1: GST property settlement withholding confirmation" provided on the ATO website, or any such equivalent form approved and provided by the ATO. which the purchaser is required to make under section 16-150(2) of Schedule 1 to the TA Act.

62.1.1.7

Form 2 means "Form 2: GST property settlement date confirmation" provided on the ATO website, or any such equivalent form approved and provided by the ATO.

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39

62.1.1.8

GST Law has the meaning given to that expression in the A New Tax System (Goods and Services Tax) Act 1999; and

62.1.1.9

Expressions which are not defined but which have a defined meaning in the GST Law have the same meaning.

62.2

GST Withholding Obligations 62.2.1

If the vendor gives the purchaser a GST Withholding Notice specifying that the purchaser is required to make a payment on account of GST to the Commissioner, then the purchaser must pay the GST Withholding Amount to the Commissioner from the balance of the price payable to the vendor on completion.

62.2.2

The vendor acknowledges and agrees that the vendor will not be entitled to delay completion or refuse to complete if the purchaser pays the GST Withholding Amount in accordance with this clause.

62.2.3

The vendor must give the GST Withholding Notice to the purchaser at least five business days before completion and notify the purchaser whether the GST Withholding Amount must be paid by way of:

62.2.4

62.2.3.1

bank cheque in accordance with subclause 62.2.5;

62.2.3.2

immediately available funds in accordance with subclause 62.2.6; or

62.2.3.3

on-line conveyancing facility in accordance with subclause 62.2.7

If subclause 62.2.1 applies then at least two business days before completion the purchaser must provide to the vendor: 62.2.4.1

evidence of having electronically lodged Form 1 with the Commissioner in accordance with section 16-150(2) of Schedule 1 to the TA Act;

62.2.5

62.2.4.2

the purchaser’s payment reference number; and

62.2.4.3

the purchaser’s lodgement reference number.

If the vendor notifies the purchaser that the GST Withholding Amount must be paid by bank cheque then:

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40

62.2.5.1

the purchaser must at completion, give the vendor a bank cheque drawn in favour of the Commissioner for the GST Withholding Amount;

62.2.5.2

the bank cheque given to the vendor by the purchaser pursuant to subclause 60.2.5.1 must not be post-dated, stale or dishonoured on presentation; and

62.2.5.3

the vendor undertakes to give the bank cheque to the Commissioner, together with the reference details provided by the purchaser under clause subclause 62.2.4

62.2.6

If the vendor notifies the purchaser that the payment of the GST Withholding Amount must be made by immediately available funds, then on or before completion the purchaser must give evidence to the vendor of successful transmission of payment of the GST Withholding Amount to the Commissioner.

62.2.7

Subclause 62.2.5 and 62.2.6 do not apply where completion occurs electronically through Property Exchange Australia or other similar online conveyancing facility and the GST Withholding Amount is paid to the Commissioner through that facility.

62.2.8

If payment of the GST Withholding Amount does not occur in accordance with any of subclauses 62.2.5, 62.2.6 or 62.2.7 then the vendor may delay settlement until the next business day after the day on which:

62.2.9

62.2.8.1

payment of the GST Withholding Amount has occurred; or

62.2.8.2

the vendor receives the entire purchase price.

On completion, the purchaser must either: (Buyer to complete and submit GST Settlement Notification Form) 62.2.9.1

complete and electronically submit a Form 2 to the Commissioner prior to completion, or by such other earlier time as required by the Commissioner; and

62.2.9.2

on or before completion give to the vendor evidence of having

submitted

the Form 2, together with evidence that Form 2 has been received by the Commissioner; or

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41

(Seller to complete and submit GST Settlement Notification Form as representative for Buyer) 62.2.9.3

on completion advise the vendor that it has not submitted a Form 2 to the Commissioner, in which case the purchaser:

62.2.9.4

appoints the vendor to act as the purchaser's agent for the limited purpose of completing and submitting a Form 2 to the Commissioner, on its behalf; and

62.2.9.5

must give to the vendor all information required for the vendor to complete and submit the Form 2, together with a declaration that information provided is true and correct.

62.2.10 The purchaser must indemnify and keep indemnified the vendor, against all loss that may be incurred by the vendor arising from or in connection with a breach by the purchaser of this clause.

p203618_002.docx

Disclosure Statement – Off the Plan Contracts This is the approved form for the purposes of s66ZM of the Conveyancing Act 1919.

VENDOR Shellharbour City Council PROPERTY Lot _____ Precinct F, Shell Cove

TITLE STRUCTURE Will the lot be a lot in a strata scheme?

No

Yes

Will the lot also be subject to a Strata Management Statement or Building Management Statement?

No

Yes

No

Yes

Will the lot form part of a community, precinct or neighbourhood scheme?

If Yes, please specify scheme type:

DETAILS Completion

Is there a sunset date?

Does the purchaser pay anything more if they do not complete on time?

Has development approval been obtained?

Has a principal certifying authority been appointed?

The later of: Refer to  Fifteen (15) business clause(s): days after the date the Vendor serves upon the Purchaser notice of registration of the plan creating the lot; and  thirty (30) days after the date of this Contract.

No

Yes

No

Yes

No

Yes

No

Yes

Can this date be extended?

No

Clauses 15 and 33.3

Yes

Refer to clause(s):

Clause 35.7

Provide details, including relevant clause(s) of contract:

Clause 40.1:  daily interest at the rate of 10% per annum  $350 plus GST for vendor’s legal costs and other expenses due to delay

Development Approval No:

DA0331/2018: ( 17 December 2018)

Provide details:

Company: Contact number Email: Address:

Shellharbour City Council 02 4221 6111 council@shellharbour.nsw.gov.au Shellharbour Civic Centre, 76 Cygnet Avenue, Shellharbour

3471-6244-1486v1 p203618_005.docx

Can the vendor cancel the contract if an event preventing or enabling the development does or does not occur?

Provide details, including relevant clause(s) of contract:

No

Yes

Clause 35.6: either party may rescind the contract if the subdivision plan is not registered by the sunset date (as may be extended under clause 35.7).

Clause 61.3: The vendor may rescind the contract if the documents submitted to Frasers Property Australia under clause 61.1 of the contract do not, in the opinion of Frasers Property Australia, comply with the Design Guidelines.

Clause 61.4: The vendor may rescind the contract if the purchaser fails to lodge the documents referred to in clause 61.1 to the vendor by the date that is 10 business days prior to the completion date.

ATTACHMENTS (s66ZM(2) of the Conveyancing Act 1919) The following prescribed documents are included in this disclosure statement (select all that apply). draft community/precinct/neighbourhood/management draft plan statement s88B instrument proposed to be lodged with draft draft community/precinct/neighbourhood/ development plan contract proposed schedule of finishes draft strata management statement draft strata by-laws draft building management statement draft strata development contract

3471-6244-1486v1 p203618_005.docx

Sheet 1

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

PLAN FORM 2 (A2)

of

2

sheets

PLAN OF PROPOSED SUBDIVISION AT PRECINCT F & G SHELL COVE STAGE 2

DRAFT

PRELIMINARY PLAN

PRELIMINARY PLAN PREPARED BY BEVERIDGE WILLIAMS

www.beveridgewilliams.com.au Level 5, 447 Kent Street Sydney 2000 Tel. 02 9283 6677 sydney@bevwill.com.au

Surveyor: ................................................................

Date of Survey: .......................................................

Surveyor's Ref: .......................................................

10

20

30

40

50

60

70

80

90

100

110

120

130

140

150

Table of mm

PLAN OF SUBDIVISION OF LOTS 9006 & 9007 IN DP 1254626 (UNREGISTERED)

LGA: SHELLHARBOUR Locality: SHELL COVE Subdivision No: Lengths are in metres. Reduction Ratio 1:2000

Registered

DP

Sheet 2

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

PLAN FORM 2 (A2)

of

2

sheets

PLAN OF PROPOSED SUBDIVISION AT PRECINCT F & G SHELL COVE STAGE 2

DRAFT

PRELIMINARY PLAN

PRELIMINARY PLAN PREPARED BY BEVERIDGE WILLIAMS

www.beveridgewilliams.com.au Level 5, 447 Kent Street Sydney 2000 Tel. 02 9283 6677 sydney@bevwill.com.au

Surveyor: ................................................................

Date of Survey: .......................................................

Surveyor's Ref: .......................................................

10

20

30

40

50

60

70

80

90

100

110

120

130

140

150

Table of mm

PLAN OF SUBDIVISION OF LOTS 9006 & 9007 IN DP 1254626 (UNREGISTERED)

LGA: SHELLHARBOUR Locality: SHELL COVE Subdivision No: Lengths are in metres. Reduction Ratio 1:500

Registered

DP

INSTRUMENT SETTING OUT TERMS OF EASEMENTS INTENDED TO BE CREATED OR RELEASED AND OF RESTRICTIONS ON THE USE OF LAND OR POSITIVE COVENANTS INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 Lengths are in metres

(Sheet 1 of 3 Sheets)

Plan:

Plan of Subdivision of Lot 9006 & Lot 9007 in DP1254656 subdivision certificate no.

Full Name and Address of the Registered Proprietor of the Land:

The Council of the City of Shellharbour 76 Cygnet Avenue Shellharbour City Centre NSW 2529

PART 1 (Creation) Number of item Identity of easement, Shown in the intention profit á prendre, panel on the plan restriction or positive covenant to be created and referred to in the plan 1.

Easement for Repairs 0.9 Wide (M)

2.

Easement for Repairs 0.9 Wide (M1)

Burdened lot(s) or parcel(s):

6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115 6118 6112

Benefited lot(s), road(s), bodies or Prescribed Authorities

6101 6102 6103 6104 6105 6106 6107 6108 6109 6113 6113 6114 6115 6116 6117 6111

………………………

General Manager / Authorised Officer

INSTRUMENT SETTING OUT TERMS OF EASEMENTS INTENDED TO BE CREATED OR RELEASED AND OF RESTRICTIONS ON THE USE OF LAND OR POSITIVE COVENANTS INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 Lengths are in metres

Plan:

(Sheet 2 of 3 Sheets)

Plan of Subdivision of Lot 9006 & Lot 9007 in DP1254656 subdivision certificate no.

NAME OF PERSON(S) OR AUTHORITY EMPOWERED TO RELEASE, VARY OR MODIFY THE EASEMENTS NUMBERED ONE AND TWO REFERRED TO IN THE ABOVEMENTIONED PLAN. The Council of the City of Shellharbour

………………………

General Manager / Authorised Officer

INSTRUMENT SETTING OUT TERMS OF EASEMENTS INTENDED TO BE CREATED OR RELEASED AND OF RESTRICTIONS ON THE USE OF LAND OR POSITIVE COVENANTS INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 Lengths are in metres

Plan:

(Sheet 3 of 3 Sheets)

Plan of Subdivision of Lot 9006 & Lot 9007 in DP1254656 subdivision certificate no.

Execution by Registered Proprietors – The Council of the City of Shellharbour

THE COMMON SEAL of THE COUNCIL OF THE CITY OF SHELLHARBOUR

……………………………………………………

Mayor

Was affixed on Pursuant to a resolution made on ……………………………………………………

General Manager / Public Officer

………………………

General Manager / Authorised Officer

A1

LV

HV

DEVELOPER CONTRACT PLAN

PLAN DRAWN DATE: 21/05/2020 VERSION: A

SHEET

1 OF

2 SHEETS

PLAN TO BE READ IN CONJUNCTION WITH CURRENT SYDNEY WATER STANDARDS SYDNEY WATER CORPORATION PRIOR TO COMMENCEMENT OF EXCAVATION FOR PROPOSED AND EXISTING SERVICES CONTACT :DIAL BEFORE YOU DIG ELECTRICITY GAS TELECOMMUNICATIONS

Ph. 1100 Ph. Ph. Ph. Ph.

GIVING AT LEAST 48 HOURS NOTICE.

WORK AS CONSTRUCTED CERTIFICATION

UTILITIES TYPE

DATE

REF.

TYPE

DATE

REF.

225 150 100

WATER SERVICE CO-ORDINATOR CONSTRUCTOR COMPLETED

PIPE SCHEDULE SIZE DN

DEVELOPER

TYPE

CLASS

u.PVC.P SN8 u.PVC.P SN8 u.PVC.P SN10

LENGTH

27 541 43

PIPE JOINING METHOD / NOTES

R.R.J. R.R.J. NOTE 14

W.A.C. PREPARED

SCALES PLAN

DESIGNER I CERTIFY THAT THE WORKS HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE WORK AS CONSTRUCTED DRAWINGS.

NO AMENDMENTS ARE TO BE MADE TO THIS PLAN

AUSTRALIAN HEIGHT DATUM

1:500

CROSS SECTIONS

DESIGN HEAD

m

NO

BOUNDARY TRAPS REQUIRED.

SYDNEY WATER ACCEPTS NO RESPONSIBILITY. HOR.

1:500

VERT.

1:125

SECTION

U.B. DIRECTORYWOLLONGONG

18th Ed. MAP S4D12

Case No. 184931WW

SHELLHARBOUR SEWERAGE DRAINS TO SHELLHARBOUR S.T.W.

NATURAL

LENGTHS, DEPTHS & LEVELS ARE IN METRES.

SYDNEY WATER CORPORATION

WITHOUT REFERENCE TO SYDNEY WATER. THIS PLAN IS NOT NECESSARILY UP TO DATE OR CORRECT AND

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Title Search NEW SOUTH WALES LAND REGISTRY SERVICES - TITLE SEARCH -----------------------------------------------------

FOLIO: 9007/1254656 -----SEARCH DATE ----------2/7/2020

TIME ---11:02 AM

EDITION NO ---------1

DATE ---17/1/2020

LAND ---LOT 9007 IN DEPOSITED PLAN 1254656 AT SHELL COVE LOCAL GOVERNMENT AREA SHELLHARBOUR PARISH OF TERRAGONG COUNTY OF CAMDEN TITLE DIAGRAM DP1254656 FIRST SCHEDULE -------------SHELLHARBOUR CITY COUNCIL SECOND SCHEDULE (3 NOTIFICATIONS) --------------1 RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S) 2 DP1254656 EASEMENT FOR ENCROACHING STRUCTURE(S) 0.5 METRE(S) WIDE REFERRED TO AND NUMBERED (3) IN THE S.88B INSTRUMENT AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM 3 DP1254656 EASEMENT FOR ENCROACHING STRUCTURE(S) VARIABLE WIDTH AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM NOTATIONS --------UNREGISTERED DEALINGS: PP DP1262014 PP DP1262018 PP DP1262023. ***

END OF SEARCH

203757

PP DP1262015

PP DP1262017

***

PRINTED ON 2/7/2020

* Any entries preceded by an asterisk do not appear on the current edition of the Certificate of Title. Warning: the information appearing under notations has not been formally recorded in the Register. InfoTrack an approved NSW Information Broker hereby certifies that the information contained in this document has been provided electronically by the Registrar General in accordance with Section 96B(2) of the Real Property Act 1900.

Copyright © Office of the Registrar-General 2020

Received: 02/07/2020 11:01:58

Applicant: Info Track Pty Ltd GPO Box 4029 SYDNEY NSW 2001 ecertificates@infotrack.com.au PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 Applicants Reference:

203757

Certificate No:

PL1396/2020

Print Date:

06 July 2020

LAND DESCRIPTION: Brigantine Drive SHELL COVE NSW 2529 Lot 9007 DP 1254656 Land ID: 36459 Disclaimer Information contained in this certificate relates only to the land for which this certificate is issued on the day it is issued. This information is provided in good faith and the Council shall not incur any liability in respect of any such advice. Council relies on state agencies for advice and accordingly can only provide that information in accordance with the advice. Verification of the currency of agency advice should occur. For further information, please contact Council’s Customer Service Section.

Title Information Title information shown on this Planning Certificate is provided from Council’s records and may not conform to information shown on the current Certificate of Title. Easements, restrictions as to user, rights of way and other similar information shown on the title of the land are not provided on this planning certificate.

Inspection of the land The Council has made no inspection of the land for the purposes of this Planning Certificate.

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PART A: INFORMATION PROVIDED UNDER SECTION 10.7 (2) Matters contained in this certificate apply only to the land on the date of issue.

1.

Name of Relevant Planning Instruments and DCPs

1.1

Which environmental planning instruments apply to the carrying out of development on the land?

Local Environmental Plan

Shellharbour Local Environmental Plan 2013.

Reference should also be made to NSW Legislation website www.legislation.nsw.gov.au for full details regarding this LEP. State Environmental Planning Policies SEPP No 21 - Caravan Parks.

The policy provides that where caravan parks or camping grounds are permissible under the environmental planning instrument, movable dwellings, as defined under the Local Government Act, 1919, are permissible.

SEPP No 33 - Hazardous & Offensive Development.

Provides new definitions for 'hazardous industry', 'hazardous storage establishment', 'offensive industry' and 'offensive storage establishment'. The policy also requires specified matters to be considered for proposals that are 'potentially hazardous' or 'potentially offensive' as defined in the policy.

SEPP No 36 - Manufactured Home Estates.

The policy -(i) defines where Manufactured Home Estates (MHEs) may be permitted and establishes criteria for the granting of development consent to these estates, - (ii) enables, with development consent, the subdivision of MHEs, provided such subdivision complies with the provisions of the Local Government (Manufactured Home Estates) Regulation 1993.

SEPP No 50 - Canal Estate Developments.

This policy provides that where the policy applies, a person shall not carry out canal estate development as defined in the policy.

SEPP No 55 - Remediation Of Land.

The policy aims to promote the remediation of contaminated land for the purpose of reducing risk of harm to human health or any other aspect of the environment. The policy applies to the whole state to ensure that remediation is permissible development and is always carried out to high standard. It specifies when consent is required for remediation and lists considerations that are relevant when rezoning land and determining development applications.

SEPP No 64 - Advertising And Signage.

The policy aims to improve the amenity of urban and natural settings by managing the impact of outdoor advertising.

SEPP No 65 - Design Quality Of Residential Flat Development.

The policy raises the design quality of residential flat development across the state

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…………………………………………………………………………………………………... through the application of a series of design principles. Provides for the establishment of Design Review Panels to provide independent expert advice to councils on the merit of residential flat development. The accompanying regulation requires the involvement of a qualified designer throughout the design, approval and construction stages.

SEPP No 70 - Affordable Housing (Revised Schemes).

The policy extends the life of affordable housing provisions relating to: Sydney Regional Environmental Plan No 26 - City West, Willoughby Local Environmental Plan 1995, South Sydney Local Environmental Plan 1998.

SEPP - Building Sustainability Index: Basix 2004.

This policy applies to all new single dwelling houses or dual occupancy development from 1st July 2005, and to all new multi-dwelling development or alterations and additions from 1st October 2005. BASIX is a web based tool designed to assess the potential performance of residential buildings against sustainability criteria. Details are available at www.basix.nsw.gov.au or by contacting NSW Department of Infrastructure Planning and Natural Resources.

SEPP - (State Significant Precincts) 2005.

This policy identifies the criteria for state significant development to be determined by the Minister for Infrastructure and Planning. This will facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the state.

SEPP - (Housing for Seniors or People with a Disability) 2004.

The policy aims to encourage the development of high quality accommodation for our ageing population and for people who have disabilities - housing that is in keeping with the local neighbourhood.

SEPP - (Mining, Petroleum Production and Extractive Industries) 2007.

This SEPP aims to provide for the proper management and development of mineral, petroleum and extractive material resources for the purpose of promoting the social and economic welfare of the State. The policy also aims to facilitate the orderly and economic use and development of land containing mineral, petroleum and extractive material resources and to establish appropriate planning controls to encourage ecologically sustainable development through the environmental assessment and sustainable management, of development of mineral, petroleum and extractive material resources.

SEPP - (Infrastructure) 2007.

The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by: a) improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and b) providing greater flexibility in the location of infrastructure and service facilities, and c) allowing for the efficient development, redevelopment or disposal of surplus government owned land, and d) identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and e) identifying matters to be considered in the assessment of development adjacent

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to particular types of infrastructure development, and providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing.

SEPP - (Exempt & Complying Development Codes) 2008.

This policy aims to provide streamlined assessment processes for development that complies with specified development standards by identifying in the General Exempt Development Code the types of development that may be carried out without the need for development consent and in the Complying Development Codes the types of complying development that may be carried out in accordance with a complying development certificate.

SEPP - State Environmental Planning Policy (Affordable Rental Housing) 2009.

The aims of this Policy are as follows: a) to provide a consistent planning regime for the provision of affordable rental housing, b) to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards c) to facilitate the retention and mitigate the loss of existing affordable rental housing d) to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing, e) to facilitate an expanded role for not-for-profit-providers of affordable rental housing f) to support local business centres by providing affordable rental housing for workers close to places of work g) to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation.

SEPP - State Environmental Planning Policy (State & Regional Development) 2011.

The SEPP aims to: a) Identify development that is State significant development, b) to identify development that is State significant infrastructure and critical State significant infrastructure, c) to confer functions on joint regional planning panels to determine development applications.

SEPP - State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007.

This Policy aims to: a) to provide that the erection of temporary structures is permissible with consent across the State, b) to ensure that suitable provision is made for ensuring the safety of persons using temporary structures, c) to encourage the protection of the environment at the location, and in the vicinity, of temporary structures by specifying relevant matters for consideration, d) to provide that development comprising the subdivision of land, the erection of a building or the demolition of a building, to the extent to which it does not

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…………………………………………………………………………………………………... already require development consent under another environmental planning instrument, cannot be carried out except with development consent.

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

The aims of this Policy are to: (a) protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and (b) preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.

This Policy aims to facilitate the effective delivery of educational establishments and early education and care facilities across the State.

State Environmental Planning Policy (Coastal Management) 2018.

This SEPP applies to part of the lot. The aim of this SEPP is to promote an integrated and co-ordinated approach to land use planning in the coastal zone in a manner consistent with the objects of the Coastal Management Act 2016.

State Environmental Planning Policy (Primary Production and Rural Development) 2019 The aims of this Policy are to:  Facilitate the orderly economic use and development of lands for primary production  Reduce land use conflict  Identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land and  Simplify the regulatory process for smaller-scale low risk artificial waterbodies.

Deemed SEPP's (Regional Environmental Plans) No Deemed SEPPs apply to the land.

1.2

Which proposed environmental planning instruments apply to the carrying out of development on the land that is or has been the subject of community consultation or public exhibition?

Planning Proposal - Local Environmental Plan Shellharbour LEP 2013 Planning Proposal No 15 - Short term rental accommodation. This Planning Proposal is to consider permitting either with or without consent, subject to compliance with specific criteria, short term rental accommodation in the Shellharbour Local Government Area where a dwelling is legally permitted.

Draft State Environmental Planning Policies Draft State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 The proposed amendments comprise over 50 changes to the SEPP including:

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…………………………………………………………………………………………………...  Introduce new definitions to provide clarity and certainty;  Clarify the policy intent in the case of minor inconsistencies;  Improve existing diagrams to ensure they adequately reflect the development standards; and  Correct minor drafting errors including incorrect clause references.

Full details can be found at www.planning.nsw.gov.au <http://www.planning.nsw.gov.au> Standard Instrument LEP - introduction of a definition of short term rental accommodation that is not a form of tourist and visitor accommodation and is permissible in all zones in which dwellings are permissible.

State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 - Short Term Rental Accommodation.

The key changes to the State Environmental Planning Policy include specific provisions and required development standards so that Short Tern Rental Accommodation is permitted as exempt or complying development and include minimum fire safety and evacuation requirements for individual premises used for Short Term Rental Accommodation.

Full details of the Standard Instrument LEP and State Environmental Planning Policy changes can be found on the website of the NSW Department of Planning & Environment www.planning.nsw.gov.au <http://www.planning.nsw.gov.au> 1.3

Which development control plans apply to the carrying out of development on the land?

The Shellharbour Development Control (DCP) is Council's only DCP and applies to all of the Shellharbour City Council area except for the land at Calderwood covered by the Major Development State Environmental Planning Policy.

The DCP covers many forms of development including residential, commercial and industrial and will potentially apply to any development within the Shellharbour City Council area that requires development consent.

Section 79C of the Environmental Planning and Assessment Act lists a DCP as a matter for consideration in determining a development application.

Draft Exhibited Development Control Plan No exhibited draft Development Control Plans apply to the land.

Technical Policies Shellharbour City Council Stormwater Policy. Council has adopted the Shellharbour City Council Stormwater Policy that would apply to all lots within the Shellharbour City Local Government Area.

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Exhibited Technical Policies There are no Exhibited Technical Policies on this land.

1.4

In this clause, proposed environmental planning instrument includes a planning proposal for the LEP or a draft environmental planning instrument.

2.

ZONING AND LAND USE UNDER RELEVANT LEPs For each environmental planning instrument or proposed instrument referred to in clause 1 above (other than a SEPP or proposed SEPP) that applies to the land:

2.1

What is the identity of the zoning for the land?

Shellharbour LEP 2013 - R3 Medium Density Residential.

Shellharbour LEP 2013 - W2 Recreational Waterways.

2.2

For what purposes may development be carried out within the zone without the need for development consent?

Shellharbour LEP 2013 - R3: Home occupations.

Shellharbour LEP 2013 - W2: Nil.

2.3

For what purposes may development not be carried out within the zone except with development consent?

Shellharbour LEP 2013 - R3: Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Building identification signs; Business identification signs; Centre-based child care centres; Community facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Jetties; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential accommodation; Respite day care centres; Roads; Seniors housing; Serviced apartments; Tank-based aquaculture; Water reticulation systems.

Shellharbour LEP 2013 - W2: Aquaculture; Boat sheds; Environmental facilities; Environmental protection works; Kiosks; Marinas; Mooring pens; Moorings; Restaurants or cafes; Water recreation structures.

Exceptions Shellharbour LEP 2013 - No.

2.4

For what purposes is development prohibited within the zone?

Shellharbour LEP 2013 - R3: Pond-based aquaculture; Rural workers' dwellings; Any other development not specified in clause 2.2 or 2.3.

Shellharbour LEP 2013 - W2: Industries; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other

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…………………………………………………………………………………………………... development not specified in clause 2.2 or 2.3.

2.5

Are there any development standards applying to the land which fix minimum land dimensions for the erection of a dwelling house on the land and, if so, the minimum land dimensions so fixed?

Shellharbour LEP 2013 - No. Note: A minimum lot size applies to all land shown on the Lot Size Map and/or as outlined in Shellharbour LEP 2013 written instrument.

Note: A clause for the subdivision of certain split zoned land applies as outlined in the Shellharbour LEP 2013 written instrument.

2.6

Does the land include or comprise a critical habitat?

Shellharbour LEP 2013 - No.

2.7

Is the land in a conservation area?

Shellharbour LEP 2013 - No.

2.8

Is an item of environmental heritage situated on the land?

Shellharbour LEP 2013 - No.

2A

ZONING AND LAND USE UNDER STATE ENVIRONMENTAL PLANNING POLICY (SYDNEY REGION GROWTH CENTRES) 2006 This clause does not apply to the land.

3.

COMPLYING DEVELOPMENT

3.1

The extent to which the land is land on which complying development may be carried out under each of the codes for complying development because of the provisions of clauses 1.17A (1) (c) to (e), (2), (3) and (4), 1.18 (1) (c3) and 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

3.2

The extent to which complying development may not be carried out on that land because of the provisions of clauses 1.17A (1) (c) to (e), (2), (3) and (4), 1.18 (1) (c3) and 1.19 of that Policy and the reasons why it may not be carried out under those clauses.

3.3

If the council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land, a statement that a restriction applies to the land, but it may not apply to all of the land, and that the council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land.

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Housing Code Complying development under the Housing Code MAY only be carried out on that part of the land that IS NOT identified as Class 1 or 2 Acid Sulfate Soils in the Local Environmental Plan.

Rural Housing Code Complying development under the Rural Housing Code MAY only be carried out on that part of the land that IS NOT identified as Class 1 or 2 Acid Sulfate Soils in the Local Environmental Plan.

Low Rise Housing Diversity Code Complying development under the Low Rise Housing Diversity Code MAY only be carried out on that part of the land that IS NOT identified as Class 1 or 2 Acid Sulfate Soils in the Local Environmental Plan.

Greenfield Housing Code Complying Development under the Greenfield Housing Code MAY NOT be carried out on the land.

Housing Alterations Code Complying development under the Housing Alterations Code MAY be carried out on the land.

General Development Code Complying development under the General Development Code MAY be carried out on the land.

Commercial and Industrial Alterations Code Complying development under the Commercial and Industrial Alterations Code MAY be carried out on the land.

Commercial and Industrial (New Buildings and Additions) Code Complying development under the Commercial and Industrial (New Buildings & Additions) Code MAY only be carried out on that part of the land that IS NOT identified as Class 1 or 2 Acid Sulfate Soils in the Local Environmental Plan.

Subdivisions Code Complying development under the Subdivision Code MAY be carried out on the land.

Demolition Code Complying Development under the Demolition Code MAY be carried out on the land.

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Fire Safety Code Complying development under the Fire Safety Code MAY be carried out on the land.

Container Recycling Facilities Code Complying development under the Container Recycling Facilities Code MAY be carried out on the land.

4B

ANNUAL CHARGES UNDER LOCAL GOVERNMENT ACT 1993 FOR COASTAL PROTECTION SERVICES THAT RELATE TO EXISTING COASTAL PROTECTION WORKS Whether the owner (or any previous owner) of the land has consented in writing to the land being subject to annual charges under section 496B of the Local Government Act 1993 for coastal protection services that relate to existing coastal protection works (within the meaning of section 553B of that Act)?

Not applicable.

5.

MINE SUBSIDENCE

5.1

Is the land proclaimed to be a mine subsidence district within the meaning of section 15 of the Mine Subsidence Compensation Act 1961?

No.

6.

ROAD WIDENING AND ROAD REALIGNMENT

6.1

Is the land affected by any road widening or road realignment under:

(A)

Division 2 of Part 3 of the Roads Act 1993?

No.

(B)

Any environmental planning instrument?

No.

(C)

Any resolution of the Council?

No.

7.

COUNCIL AND OTHER PUBLIC AUTHORITY POLICIES ON HAZARD RISK RESTRICTIONS. Is the land affected by a policy either adopted by Council OR adopted by any other public authority and notified to the Council (for the express purposes of its adoption by that authority being referred to in planning certificates issued by the Council) that restricts the development of the land because of the likelihood of:

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7.1

Landslip No.

7.2

Bushfire No.

7.3

Tidal Inundation No.

7.4

Subsidence No.

7.5

Acid Sulphate Soils Yes

7.6

Any other risk No.

7A

FLOOD RELATED DEVELOPMENT CONTROLS INFORMATION

7A.1

Is development on the land or part of the land for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (not including development for the purposes of group homes or seniors housing) subject to flood related development controls?

All or part of the land has been identified within the Shell Cove Boat Harbour Flooding Assessment as BELOW THE FLOOD PLANNING LEVEL. Updated Information has been produced by consultants via the Development Application process and advice related to flooding and flood related development controls may be different to those outlined in above mentioned study. For further information please contact Council's Technical Services Department on 4221 6111.

7A.2

Is development on the land or part of the land for any other purpose subject to flood related development controls?

All or part of the land has been identified within the Shell Cove Boat Harbour Flooding Assessment as BELOW THE PROBABLE MAXIMUM FLOOD LEVEL. Updated Information has been produced by consultants via the Development Application process and advice related to flooding and flood related development controls may be different to those outlined in above mentioned study. For further information please contact Council's Technical Services Department on 4221 6111.

7A.3

Words and expressions in this clause have the same meanings as in the Standard Instrument.

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8.

LAND RESERVED FOR ACQUISITION

8.1

Does any environmental planning instrument or proposed environmental planning instrument referred to in item 1 above make provision in relation to the acquisition of the land by a public authority, as referred to in section 3.15 of the Environmental Planning & Assessment Act? Shellharbour LEP 2013 - No.

9.

CONTRIBUTIONS PLAN

9.1

Which contributions plan/s apply to the land?

Shellharbour Local Infrastructure Contributions Plan 2019 (9th Review).

9A

BIODIVERSITY CERTIFIED LAND

9A.1

Is the land biodiversity certified land under Part 8 of the Biodiversity Conservation Act 2016?

No.

10.

BIODIVERSITY STEWARDSHIP SITES

10.1

Is the land a biodiversity stewardship site under a biodiversity stewardship agreement under Part 5 of the Biodiversity Conservation Act 2016, that council is aware of?

No.

10A

NATIVE VEGETATION CLEARING SET ASIDES

10A.1 Does the land contain a set aside area under section 60ZC of the Local Land Services Act 2013 that council is aware of or is registered in the public register under that section?

No. 11.

BUSH FIRE PRONE LAND

11.1

Is any of the land bushfire prone land as defined in the Environmental Planning & Assessment Act 1979?

No.

12.

PROPERTY VEGETATION PLANS

12.1

Does a property vegetation plan under the Native Vegetation Act 2003 apply to the land, being a plan to which the council has been notified of its existence by the person or body that approved the plan under the Act? No.

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13.

ORDERS UNDER TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006

13.1

Has an order been made under the Trees (Disputes Between Neighbours) Act 2006 to carry out work in relation to a tree on the land, being an order to which the council has been notified of?

No.

14.

DIRECTIONS UNDER PART 3A

14.1

Is there a direction by the Minister in force under section 75P(2)(c1) of the Environmental Planning & Assessment Act 1979 that a provision of an environmental planning instrument prohibiting or restricting the carrying out of a project or a stage of a project on the land under Part 4 of the Act does not have effect?

No.

15.

SITE COMPATIBILITY CERTIFICATES AND CONDITIONS FOR SENIORS HOUSING

15.1

If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies, is there a current site compatibility certificate (seniors housing), of which the council is aware, in respect of proposed development on the land?

No.

15.2

If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies, have any terms of a kind referred to in clause 18(2) of that SEPP been imposed as a condition of consent to a development application granted after 11 October in respect of the land?

No.

16.

SITE COMPATIBILITY CERTIFICATES FOR INFRASTRUCTURE, SCHOOLS OR TAFE ESTABLISHMENTS

16.1

Is there a valid site compatibility certificate (infrastructure) or site compatibility certificate (schools or TAFE establishments), of which the council is aware, in respect of proposed development on the land?

No.

17.

SITE COMPATIBILITY CERTIFICATES AND CONDITIONS FOR AFFORDABLE RENTAL HOUSING

17.1

Is there a current site compatibility statement (affordable rental housing), of which the council is aware, in respect of proposed development on the land?

No.

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17.2

Have any terms of a kind referred to in clause 17(1) or 38(1) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 been imposed as a condition of consent to a development application in respect of the land?

No.

18.

PAPER SUBDIVISION INFORMATION

18.1

The name of any development plan adopted by a relevant authority that applies to the land or that is proposed to be subject to a consent ballot.

Not applicable.

18.2

The date of any subdivision order that applies to the land.

Not applicable.

18.3

Words and expressions used in this clause have the same meaning as they have in Part 16C of the Environmental Planning & Assessment Regulation.

19.

SITE VERIFICATION CERTIFICATES

19.1

Is there a current site verification certificate, of which the Council is aware, in respect of the land?

No.

19.2

The certificate ceases to be current on: Not applicable.

19.3

A copy of the certificate may be obtained from the head office of the NSW Department of Planning and Environment.

20.

LOOSE-FILL ASBESTOS INSULATION

20.1

Does the land include any residential premises (within the meaning of Division 1A of Part 8 of the Home Building Act 1989) that are listed on the register that is required to be maintained under that Division?

Council is not aware that the land is on the register. You should make your own enquiries with NSW Fair Trading and search the register available on their website to confirm this information.

21.

AFFECTED BUILDING NOTICES PRODUCT RECTIFICATION ORDERS

21.1

Is an affected building notice, of which council is aware, in force in respect of the land?

No

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21.2

Is there any building product rectification order, of which council is aware, in force in respect of the land that has not been fully complied with?

No

21.3 Has any notice of intention to make a building product rectification order, of which council is aware, been given in respect of the land and is outstanding?

No NOTE: MATTERS PRESCRIBED BY SECTION 59(2) OF THE CONTAMINATED LAND MANAGEMENT ACT 1997 (CLM Act) (a)

Is the land significantly contaminated land within the meaning of the CLM Act at the date of this certificate?

No.

(b)

Is the land subject to a management order within the meaning of the CLM Act at the date of this certificate?

No.

(c)

Is the land the subject of an approved voluntary management proposal within the meaning of the CLM Act at the date of this certificate?

No.

(d)

Is the land the subject of an ongoing maintenance order within the meaning of the CLM Act at the date of this certificate?

No.

(e)

Is the land the subject of a site audit statement within the meaning of the CLM Act (such a statement having been provided to Council at any time)?

No. CONTAMINATED INFORMATION - 1a. There are no matters listed under Section 59(2) of the Contaminated Land Management Act 1997 which should be specified on this certificate.

CONTAMINATED INFORMATION - 2a. The land is affected by a policy adopted by Council that restricts development of land if there is likelihood of contamination.

Council has not assessed the likelihood of contamination of the land and cannot certify whether or not the policy restricts development of the land.

PART B: NOTATIONS There are no Part B notations on this property.

PART C: - INFORMATION PROVIDED UNDER SECTION 10.7 (5) OF THE ACT

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL1396/2020 16

…………………………………………………………………………………………………...

NOTE: When information under section 10.7(5) is requested the Council is under no obligation to provide any of the information supplied in this part. We draw your attention to section 10.7(6) which states that a Council shall not incur any liability in respect of any advice provided in good faith pursuant to sub-section (5). The absence of any reference to any matter affecting the land does not imply that the land is not affected by any matter referred to in this planning certificate.

Endangered Ecological Community & Threatened Species.

Council has some mapping that identifies where endangered ecological communities & threatened species are known to occur. For further details contact Council’s Customer Environmental Services Department.

Other Items Planning Agreement-Sec 93F EPA. No Planning Agreement Sec 93Fof the EPA Act 1979 apply to the land.

Filling Council's records show that during the course of subdivision the subject land has been filled or partially filled under controlled conditions. This information was accurate at the time of subdivision release and Council suggests that when construction on lots has started the lot classification may change from the original advice. The services of a suitably qualified Consulting Engineer should be obtained.

Flooding All or part of the land has been identified within the Shell Cove Boat Harbour Flooding Assessment as BELOW THE PROBABLE MAXIMUM FLOOD LEVEL. This study was commissioned by Frasers, on behalf of Council, to identify the existing flood behaviour within the catchment and model the changes to flood behaviour as a result of the Shell Cove Development and Proposed Boat Harbour Precinct. Updated Information has been produced by consultants via the Development Application process and advice related to flooding and flood related development controls may be different to those outlined in above mentioned study. For further information please contact Council's Technical Services Department on 4221 6111.

Precinct Development Strategy The land is not affected by the Wattle Road Precinct Development Strategy.

Development Consents Relating To The Land Details of current development consents for the land are available on request from the Council.

Constraints NSW COASTAL POLICY 1997. The NSW Coastal Policy 1997 applies to all land within

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL1396/2020 17

…………………………………………………………………………………………………... the Coastal Zone as identified by the maps held by the Department of Planning. This includes the subject property.

Floor Level Restrictions - Refer Subdivision Engineer.

An approved quarry operates between Shell Cove and Bass Point. This property is NOT within the Mineral Resource Transition Area as identified in Shellharbour LEP 2013.

Information regarding loose-fill asbestos insulation Some residential homes located in the State of NSW have been identified as containing loose-fill asbestos insulation, for example in the roof space. NSW Fair Trading maintains a Register of homes that are affected by loose-fill asbestos insulation.

You should make your own enquiries as to the age of the buildings on the land to which this certificate relates and, if it contains a building constructed prior to 1980, obtain advice from a licensed asbestos assessor to determine whether loose-fill asbestos is present in any building on the land and, if so the health risks (if any) this may pose for the building’s occupants.

Contact NSW Fair Trading for further information.

Shellharbour LEP 2013 includes a Floor Space Ratio Map and this Map applies to this land. See Shellharbour LEP 2013 written instrument and maps for details.

Shellharbour LEP 2013 includes a Maximum Building Height Map and this Map applies to this land. See Shellharbour LEP 2013 written instrument and maps for details.

Shellharbour LEP 2013 includes an Acid Sulfate Soils Map and this Map applies to this land. See Shellharbour LEP 2013 written instrument and maps for details.

For further information please contact the Land & Information Services on (02) 4221 6111

Carey McIntyre General Manager

COUNCIL OF THE CITY OF SHELLHARBOUR C/o ALISA BATEMAN 76 CYGNET AVENUE SHELLHARBOUR CITY CENTRE NSW 2529

Our reference: 2410197245246 Phone: 13 28 66

6 March 2019

Your foreign resident capital gains withholding clearance certificate › Purchasers are not required to withhold and pay an amount › Provide a copy to the purchaser and retain a copy for your records

Hello

NEED HELP?

We have decided that purchasers are not required to withhold and pay an amount. Your certificate is below.

Reference number

2410197245246

You can find out more about foreign resident capital gains withholding on our website at ato.gov.au/FRCGW

Vendor name

COUNCIL OF THE CITY OF SHELLHARBOUR

CONTACT US

76 CYGNET AVENUE

If you have any questions, contact us between 8:00am and 5:00pm Australian Eastern Standard Time, Monday to Friday on: › 13 28 66 if located in Australia, or › +61 2 6216 1111 if located outside Australia and ask for 13 28 66.

Vendor address

Clearance certificate period

SHELLHARBOUR CITY CENTRE NSW 2529 1 March 2019 to 3 March 2024

The Commissioner may withdraw this clearance certificate at any time if we obtain further information indicating you are a foreign resident.

Yours sincerely

Alison Lendon Deputy Commissioner of Taxation

Deed of Covenant The Waterfront, Shell Cove Precinct F Lot _______ in a subdivision of 9007/1254656

The Council of the City of Shellharbour (Vendor) Australand Corporation (NSW) Pty Ltd (Frasers Property Australia) (Purchaser)

91 Crown Street, Wollongong NSW 2500 PO Box 882, Wollongong NSW 2520 DX 27848 Wollongong Court Telephone: (02) 4254 5222 Facsimile: (02) 4254 5221 Ref: Comm:203757

p203757_002.doc

Contents 1.

Definitions and interpretation

2

2.

Construction of Residence

3

3.

Construction Rubbish

4

4.

Outline Designs

4

5.

Fencing

5

6.

Completion Incentive

5

7.

Privacy

6

8.

Rights of Vendor

6

9.

Charge

7

10.

Disputes

7

11.

Miscellaneous

7

Attachment 1

10

-2p203757_002.doc

Details Date Parties Name ACN Description Notice details

The Council of the City of Shellharbour

Name

Australand Corporation (NSW) Pty Ltd, a division of Frasers Property Group ACN 001 022 117 Frasers Property Australia Level 3, Building C, 1 Homebush Bay Drive, Rhodes NSW 2138

ACN Description Notice details

Name ABN Description Notice details

Vendor Locked Bag 155, Shellharbour City Centre NSW 2529

Purchaser

Background A

The Vendor is the proprietor of land being developed by subdivision for residential purposes at Shell Cove.

B

The Vendor has by contract for sale agreed to sell to the Purchaser the Lot in the Development subject to the Vendor retaining the rights and interests which are the subject of this document in order to ensure maintenance of development standards.

C

The Purchaser agreed in the Contract to covenant in respect of the Lot in accordance with the provisions of this document in part consideration for the Vendor entering into and completing the Contract and effecting the transfer of the Lot to the Purchaser on the date of this deed.

D

The Vendor has appointed Frasers Property Australia to develop, market and sell the land.

The Vendor and Frasers Property Australia wish to maintain high and uniform standards of development which are in accordance with planning approvals.

-1p203757_002.doc

Deed 1.

Definitions and interpretation (a)

In this document and in addition to the definitions in the Further Conditions, the following words have the meanings given: Builder means the person or corporation who contracts to construct the Residence for the Purchaser.

Building Envelope means any part of a Lot which is specified in the Design Guidelines as where the Residence must be located upon the Land.

Contract means the contract for sale of land between the Vendor and the Purchaser as referred to in Recital B. Council means Shellharbour City Council.

Covenants means the restrictions (if any) on the use of land which are or will be registered upon the title of the Lot. Design Guidelines means the Design Guidelines in attachment 1 which regulate all building and ancillary landscaping work within the Development as may be varied from time to time.

Development means the proposed development of the Land contained within Shell Cove.

Dispute Notice means the notice provided by the party claiming the dispute under clause 10(a) to the other party which specifies the nature of the dispute.

Further Conditions means the conditions for sale in the Contract.

Land means the land in the deposited plan or plans of which the Lot is a part.

Lot means the lot in the Land being purchased by the Purchaser under the Contract (as specified on the cover sheet of this document).

Mediation Period means 21 days of the date of service of a Dispute Notice.

Obligations means all obligations of the Purchaser relating to the design and construction of the Residence as contained in the Contract, the Covenants, the Design Guidelines and this document.

Outline Designs means any residential building outline designs provided by the Vendor to the Purchaser either in the Design Guidelines or otherwise, including but not limited to landscaping to be established within the Development.

Privacy Act means the Privacy Act 1988 (Cth) and any ancillary rules, regulations, guidelines, orders, directions, directives, codes of conduct or practice or other instrument made or issued thereunder, including:

p203757_002.doc

(i)

any consolidation, amendment, re-enactment or replacement of any of them or the Privacy Act, and

(ii)

the National Privacy Principles under the Privacy Act.

Recital means a recital to this document.

Residence means a dwelling and other improvements on the Lot, including, but not limited to, driveway, garage, fencing, landscaping, paving, paths and cross overs constructed on the Lot in accordance with plans approved by the Vendor and otherwise in accordance with the Contract, the Covenants, the Design Guidelines and this document. (b)

2.

In this document unless the contrary intention appears: (i)

the singular includes the plural and vice versa and words importing a gender include other genders

(ii)

a reference to a clause, paragraph, schedule, attachment or annexure is a reference to a clause or paragraph of, attachment, schedule or annexure to this document and references to this document include any schedules and annexures

(iii)

a reference to a party to this document including its successors and permitted assigns

(iv)

a reference to a document or agreement, including this document, includes a reference to that document or agreement as novated, altered or replaced from time to time

(v)

if two or more persons are a party to this document, then this document is binding upon those persons jointly and each of them severally, and

(vi)

headings are used for reference only.

Construction of Residence (a)

The Purchaser must in addition to the Purchaser’s obligation to comply with the Covenants as registered proprietor of the Lot, comply with and observe all restrictions on the use of the Lot which are contained in the Covenants as though such restrictions were annexed to this document.

(b)

The Purchaser must: (i)

comply with all the Obligations;

(ii)

comply with all conditions and requirements imposed by Council and/or any other relevant authority;

(iii)

ensure that all relevant environment protection policies, codes of practices, occupational health and safety requirements which are in force during construction are complied with;

3 p203757_002.doc

3.

(iv)

comply with all terms and conditions of the Contract which do not merge upon completion of the Contract; and

(v)

where Design Guidelines apply, ensure that the Residence is wholly located within that part of the Land specified in the Building Envelope as the site of any dwelling.

(c)

Without limiting the provisions in clause 2(b), the Purchaser shall submit plans of the Residence to Frasers Property Australia and obtain Frasers Property Australia's approval of such plans, before commencing any building or site works on the Lot in accordance with the Contract, the Design Guidelines, this document and the Covenants.

(d)

The Purchaser acknowledges it is aware that: (i)

Council is the relevant consent authority is respect of any development referred to under this Deed; and

(ii)

Council is obliged to determine applications in relation to the Development having regard to the provisions of any statutes under which those applications are made and with regard to the matters to be taken into consideration and to any formal procedures to be undertaken.

Construction Rubbish The Purchaser shall during the course of carrying out the construction of the Residence upon the Lot:

4.

(a)

keep the Lot in a clean and tidy state and condition;

(b)

arrange for the regular collection and removal from the Lot of all rubbish, refuse and rubble; and

(c)

ensure that no building materials or other goods associated with building activities on the Lot are stored on any nature strip or street adjoining the Lot.

Outline Designs (a)

The Vendor warrants that it has copyright in the Outline Designs.

(b)

The Purchaser acknowledges that it has received some Outline Designs from the Vendor prior to the date hereof.

(c)

The Vendor hereby grants to the Purchaser a licence to use the Outline Designs for the production by, or on behalf of, the Purchaser of detailed plans for the Residence upon the following conditions: (i)

this licence only applies to the Lot; and

(ii)

the Purchaser will ensure that any contract with a builder for the Residence includes a clause substantially the same as the following: “Shellharbour City Council and Australand Corporation (NSW) Pty Ltd retain copyright in any works executed which are based upon the outline 4

p203757_002.doc

designs for residential buildings and landscaping forming part of the Design Guidelines provided to the Purchaser by The Council of the City of Shellharbour and Australand Corporation (NSW) Pty Ltd. By a Deed of Covenant, the Purchaser has been granted a licence to use the outline designs to produce the dwelling the subject of this contract upon the lot specified in this contract. The Builder shall not make use of the outline designs for any purpose other than to give effect to this contract.”

5.

6.

(d)

The Purchaser undertakes not to use the Outline Designs for any purpose other than the construction of the Residence on the Lot, and will ensure that no other party (such as any builder or consulting architect of the Purchaser) copies or makes use of the Outline Designs for any other purpose.

(e)

The Purchaser shall and does hereby indemnify the Vendor and Frasers Property Australia in respect of any costs, expenses or losses of any kind incurred by or suffered by the Vendor or Frasers Property Australia as a result of any breach by the Purchaser of any of its obligations under this clause.

Fencing (a)

The Purchaser shall at the Purchaser’s expense fence the Lot in accordance with the terms of the Contract, the Design Guidelines and the requirements of Council prior to the date of occupation of the Residence.

(b)

Details of fencing proposed by the Purchaser must also first be approved by Frasers Property Australia.

Completion Incentive (a)

Upon the Purchaser meeting and satisfying the requirements set out in Appendix F of the Design Guidelines, the Vendor will pay to the Purchaser a GST inclusive completion incentive in the amount of $20,000.00 (Completion Incentive).

(b)

The Purchaser acknowledges and agrees that payment of the Completion Incentive by the Vendor is subject to conditions including: (i)

that no variations have occurred to the exterior of the Residence as approved by the Vendor;

(ii)

any damage to surrounding public areas caused by the Residence has been rectified;

(iii)

all site management requirements in accordance with the Design Guidelines have been carried out;

(iv)

completion of the Residence has taken place within any relevant time restraints in the Obligations and this document unless otherwise agreed by the Vendor; and

5 p203757_002.doc

(v)

7.

(c)

Should the Purchaser breach any of the Obligations, then the Vendor has no obligation to pay the Purchaser the Completion Incentive.

(d)

In all respects any time limits imposed by the operation of the foregoing subparagraphs shall be of the essence.

Privacy (a)

8.

the landscaping has been completed in accordance with the landscape design criteria and within the required time.

The Purchaser consents to the collection, use and disclosure of the Personal Information of the Purchaser by the Vendor and Frasers Property Australia: (i)

for entering into, administering and completing this document and any development referred to therein;

(ii)

for planning and product development;

(iii)

to comply with the Vendor’s obligations or to enforce its rights under this document;

(iv)

to owners of adjoining land to enable them to deal with the Purchaser concerning any development or other work which they wish to undertake on their land (including disclosure of personal information to contractors to assist adjoining land owners to comply with their obligations and to enforce their rights in relation to fencing);

(v)

to surveyors, engineers and other parties who are engaged to carry out works which may affect the Lot;

(vi)

to any third party who has a right or entitlement to share in the monies paid or payable to the Vendor under the Contract or this document; and

(vii)

in other circumstances where the Vendor is legally entitled, obliged or required to do so, including any disclosure which is permitted or authorised under the Privacy Act.

Rights of Vendor The Purchaser acknowledges that the rights of the Vendor as set out in this document: (a)

rest both in contract arising from the Contract and as covenants contained in this document and do not amount to a restraint or alienation in respect of the interests of the Purchaser in the Lot; and

(b)

are appropriate obligations having regard to the legitimate commercial interests of the Vendor in respect of lots in the Development owned by the Vendor and which are yet to be sold and which adjoin or are in the vicinity of the Lot, and in order to maintain the quality of the Development for the benefit of the proprietors of lots in the Development (including the Purchaser).

6 p203757_002.doc

9.

10.

11.

Charge (a)

The Purchaser grants to the Vendor a charge over the Lot as security for the Purchaser's due performance of the Obligations.

(b)

Without limitation, the Vendor may lodge a caveat against the Lot in order to protect its rights in the Lot under the charge and as otherwise contained in this document.

Disputes (a)

If there is any dispute between the parties arising out of this document then either party may provide a notice of dispute to the other. The parties agree to endeavour in good faith to settle the dispute by mediation before any recourse to expert determination.

(b)

The parties to the dispute must seek to resolve the dispute within the Mediation Period.

(c)

If the parties cannot resolve the dispute by mediation within the Mediation Period, the dispute shall be referred for determination by an expert in the field appointed by the parties by agreement. If the parties cannot agree on the expert in the field within 14 days after the expiry of the Mediation Period, the expert shall be appointed at the request of either party by the President for the time being of the New South Wales Law Society (or any body which succeeds that Society).

(d)

The parties must instruct the expert to: (i)

seek any information and conduct investigations as the expert thinks fit;

(ii)

act as an expert and not an arbitrator;

(iii)

determine the dispute, including liability to pay the expert’s costs, as the expert thinks fit; and

(iv)

advise the parties in writing of the determination.

Miscellaneous (a)

Where the Purchaser comprises two or more persons and/or corporations, then the provisions of this document shall bind each of them jointly and severally.

(b)

Each party shall bear their own costs of the preparation and entering into the provisions of this document and the Purchaser shall bear any stamp duty (if any) associated with this document.

(c)

The Purchaser acknowledges that should the Purchaser breach any Obligations in this document or Contract entitling the Vendor to claim damages against the Purchaser, the Purchaser shall not object to the Vendor seeking the remedy of specific performance against the Purchaser should a claim for damages be considered an inadequate remedy.

7 p203757_002.doc

(d)

The parties hereto acknowledge that this document and all matters arising under and pursuant to the provisions of this document will be governed by and construed in accordance with the laws to the State of New South Wales.

(e)

This document shall be binding upon and enforceable against the Purchaser when executed by the Purchaser even though counterpart copies of this document may not have been executed by the other parties.

(f)

Any notice required to be given to a party shall be deemed to have been duly served upon that party if it is addressed to that party and delivered to the address of that party as shown herein.

8 p203757_002.doc

Signing page Signed sealed and delivered by each party as a deed THE COMMON SEAL of THE COUNCIL OF THE CITY OF SHELLHARBOUR is affixed on pursuant to a resolution made on

) ) ) ) ) ) ) ) )

Mayor

General Manager/Public Officer

SIGNED, SEALED AND DELIVERED by GLENN COLQUHOUN as Attorney for Australand Corporation (NSW) Pty Ltd pursuant to Power of Attorney Book 4688 No. 991 in the presence of:

Signature of witness

Signature of Glenn Colquhoun, who, by executing this Deed, states that he has received no notice of revocation of the Power of Attorney

Name of witness

SIGNED BY THE PURCHASER In the presence of:

) ) )

Witness Signature

Signature of Purchaser

Print name

Signature of Purchaser

Executed for and on behalf of the Purchaser in accordance with s 127 of the Corporations Act 2001

Signature of authorised person

Signature of authorised person

Name of authorised person Office held:

Name of authorised person Office held:

9 p203757_002.doc

Attachment 1 Design Guidelines

10 p203757_002.doc

pp rr ee cc ii nn cc tt s E 1F a n d G DD EE SS II GG NN GG UU II DD EE LL II NN EE SS F O R D E T A C H E D H O U S I N G

DESIGN GUIDELINES FOR DETACHED HOUSING PRECINCTS F AND G Prepared by LFA (Pacific) Pty Ltd for Frasers Property Australia and Shellharbour City Council

9 AUGUST 2019 The Design Guidelines for Detached Housing have been reviewed by officers of Shellharbour City Council and endorsed by Geoff Hoynes - Group Manager City Planning, Shellharbour City Council.

Signature

28 AUGUST 2019

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

CONTENTS 1.

INTRODUCTION .................................................................................................. 1 1.1 1.2 1.3 1.4

2.

The Shell Cove Vision .........................................................................................1 The Precincts ......................................................................................................2 Aim and Structure of the Guidelines ....................................................................3 Approval Process ................................................................................................4

RESIDENTIAL PRECINCTS F AND G .................................................................... 5 2.1 Desired Future Character ....................................................................................5 2.2 Precincts F and G ................................................................................................5 Site Access and Street Network .........................................................................6

BUILDING DESIGN, ARCHITECTURAL & LANDSCAPE CHARACTER .............. 20 4.1 Building Facades, Street Frontage & Character ................................................20 Coastal Character..............................................................................................21 External Materials ..............................................................................................21 Verandahs, Balconies and Balustrades .............................................................22 Environmentally Sustainable Design (ESD) ......................................................22 4.2 Building Entry and Relationship to the Street ....................................................23 4.3 Important Corners..............................................................................................23 4.4 Garages and Driveways ....................................................................................24 Treatment and Screening ..................................................................................25

View and Vistas ...................................................................................................6

Driveways ..........................................................................................................25

Amenity................................................................................................................6

4.5 Roof Design .......................................................................................................26 4.6 Exterior Design Palette ......................................................................................27 Preferred Materials & Colours ...........................................................................28

Land Use and Building Types ..............................................................................6 Pedestrian linkages/Crime Prevention ................................................................6 Open Space Treatment ......................................................................................6

3.

4.

LOT TYPES AND SITE PLANNING FOR DETACHED HOUSING .......................... 7

4.7 Sun Shading and Other Details .........................................................................29 Sun Shading, Eaves and Screens .....................................................................29 Gutters and Downpipes .....................................................................................29

3.1 Building and Siting Requirements ......................................................................7

Openings ...........................................................................................................29

3.2 Detached dwellings .............................................................................................8

4.8 Walls and Fences ..............................................................................................30 Front Fences ....................................................................................................31

17m (or greater), 15m, 13m and 11m Frontage Lots...........................................8 3.3 Development Objectives and Built form controls ..............................................10 North-South Lots - Primary street to the north...................................................12

Fence Type 1 ....................................................................................................32

North-South Lots - Primary street to the south ..................................................12

Side and Rear Fences - Fence Type 5 ..............................................................33

East West Lots - Primary street address ..........................................................12

Special Fence by Frasers Property ...................................................................33

Storage..............................................................................................................12 3.4 Zero Lot Line Building........................................................................................13 3.5 Special Lots .......................................................................................................16

Retaining Walls ..................................................................................................33

Corner Lots ........................................................................................................16 Key Corner Entry Lots ......................................................................................17 Buildings on Corner Lots ...................................................................................17

Fence Type 2 ....................................................................................................32

4.9 Landscape Design for Lots ................................................................................34 Garden Planning................................................................................................35 Species Selection ..............................................................................................36 Hard and Soft landscaping ...............................................................................36

Duplex Sites ......................................................................................................18 3.6 Sloping Sites......................................................................................................19

iii

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.10 Service Areas and Auxiliary Structures..............................................................37 Aerials, Antennae and Satellite Dishes..............................................................37

APPENDIX A – DESIGN APPROVAL APPLICATION FORM ..................................... 44

Outbuildings, Storage and Bins .........................................................................37

APPENDIX B – APPLICANT HOME DESIGN PACKAGE CHECKLIST FOR THE SHELL COVE ARCHITECT (SCA) SUBMISSION .................................................................... 45

Solar Water Heaters and Collectors ..................................................................37 Mailboxes ..........................................................................................................38 Services and Water Tanks .................................................................................38 Swimming Pools ................................................................................................38

APPENDIX C – KEY OBJECTIVES AND MANDATORY CRITERIA CHECKLIST (BY SCA) ...................................................................................................... 46

4.11 Boats and Caravans ..........................................................................................38 Locations and Treatment ...................................................................................38

APPENDIX D – REFERENCES AND RESOURCES....................................................... 48

4.12 Site Management ..............................................................................................39 4.13 Sight Distance for Driveways and Footpaths.....................................................39

5.

LIVABILITY & SUSTAINABILITY ............................................................................ 40 5.1 5.2 5.3 5.4 5.5 5.6 5.7

iv

Livability .............................................................................................................40 Sustainability .....................................................................................................40 Energy Efficiency ...............................................................................................40 Passive Solar Design ........................................................................................41 Water Conservation ...........................................................................................43 Waste ...............................................................................................................43 Materials ............................................................................................................43

APPENDIX E – GLOSSARY OF TERMS ....................................................................... 49 APPENDIX F – THE WATERFRONT SHELL COVE HOUSE DESIGN, SUSTAINABILITY AND LANDSCAPE REBATE ....................................................................................... 51 APPENDIX G – THE WATERFRONT SHELL COVE COLOUR PALETTE ....................... 53

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

1. INTRODUCTION

Shell Cove is a masterplanned award winning residential community, created

by Frasers Property Australia.

Located within the Illawarra Region of NSW just south of Wollongong, the coastal Shell Cove will become a home to thousands of people with a bustling boat harbour and marina.

The Waterfront Shell Cove and its Town Centre will create a major regional boating destination, a waterfront marina lifestyle and social hub for both residents and the wider South Coast community.

Frasers Property Australia has developed The Waterfront Shell Cove Precincts F & G Design Guidelines because of the importance of building welldesigned subdivisions, streetscapes and sustainable houses in our new communities.

These Guidelines are designed to help you to: •

•

Choose or design a contemporary new home that suits your land and lifestyle; Take advantage of the best orientation, view and outlook for your home;

•

Create a street presence that contributes to the visual character and social interaction of the new neighbourhood;

•

Incorporate Environmentally Sustainable Design principles (ESD); and

•

designed and built for the local climate, environment and lifestyle. There are several key features that reflect the contemporary Australian lifestyle and are considered to be essential design elements in The Waterfront. They are: •

Large verandahs and alfresco areas that provide quality private open space and extend upon indoor living spaces in both front and rear setbacks;

•

Maximised glazing to transition between indoor and outdoor living areas;

•

Materials that reflect the coastal nature of the precinct such as weatherboards and lightweight cladding, natural stone and timber elements, and steel posts, awnings, framing and balustrade elements;

•

Large eaves, overhangs, pergolas, awnings and external louvres to respond to the Shell Cove microclimate, and to shade and protect windows and external living spaces such as verandahs and courtyards in both the front and rear setbacks;

Add value to your home and to the community of Shell Cove.

1.1 THE SHELL COVE VISION Our vision is to create a new living coastal community at Shell Cove, with a strong local and regional focus on the boat harbour and unique natural beauty of the Shellharbour coastline.

Frasers Property Australia will be creating a sustainable new built environment that reflects the natural qualities of the locality and actively pursuing a contemporary coastal character that responds to the relaxed lifestyle of the region.

The character of the Waterfront Precinct at Shell Cove is to be modern Australian (rather than historical reproduction styles) and should contribute to a coastal vernacular. Homes should be

•

Window, doors and skylights appropriately oriented to admit direct sun and allow cross ventilation;

•

Simple, modern facades and roof forms; and

•

Elements that will contribute to the distinctive character of Precincts F and G include building scale, articulated streetscapes, fencing, private open space courtyards, coastal colours and materials, and landscaping.

1

1

1

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

1.2 THE PRECINCTS BO OL

Precincts F and G are located to the north of the Boat Harbour and extend over 8 Ha of land between the Boat Harbour and Ron Costello Oval.

AR LW RO O R PA

Ron Costello Oval

AD E

These Guidelines have been prepared specifically for detached housing on single lots within Precincts F and G. These lots are located in the northermost portion of Precincts F and G. Only one home per lot is permitted, unless noted otherwise (refer to Figure 6).

Shellharbour South Beach To Shellharbour PRECINCT PRECINCT

F

G

Boat Harbour / Marina Public Boat Ramp

To Bass Point Town Centre HA

Artists impression of the Boat Harbour

2

RB

OU

R

BO

UL

EV AR

D

FIGURE 1: Artist's Impression of The Waterfront Shell Cove Precinct showing the location of Precincts F and G

Future Business Park

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

1.3 AIM AND STRUCTURE OF THE GUIDELINES Frasers Property Australia has prepared The Waterfront Shell Cove Precincts F and G Design Guidelines to ensure the development of well designed and sustainable homes in our new community.

The Guidelines set out the key priorities and principles, in relation to single lot typologies, detached home siting and design, access, landscaping and sustainability.

The Guidelines are set out as below: •

Section 2 – Desired future character and the key design principles for Residential Precincts F and G.

•

Section 3 – Lot Typologies, Site and Block Planning, which provides general guidance on site and block arrangements, such as building types, access and building envelopes.

•

Section 4 – Building Design, Architectural & Landscape Character, which provides guidance on house design, character, landscape and detailing.

These Guidelines form a 'manual' for design and development at The Waterfront Shell Cove and are part of the approval process for building development.

•

The Guidelines should be read in conjunction with the Building Code of Australia (BCA), and all relevant legislation and Australian Standards.

Section 5 – Livability & Sustainability, which provides guidance on energy efficiency, passive solar design and water conservation.

•

Appendices – which includes an applicant form; submission checklist; key objectives and mandatory requirement checklist; a list of useful references and resources; and a glossary.

2

3

4

5

Desired Future Character Precincts F and G

Lot Types Site and Block Planning for Detached Housing

Building Design Architectural and Landscape Character

Livability Sustainability

Appendices

FIGURE 2: Structure of these Design Guidelines

3

1

1

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

1.4 APPROVAL PROCESS The Waterfront Shell Cove approval process is illustrated in the diagram opposite.

these changes to be clearly identified in the relevant plans and resubmitted for approval.

Following your land purchase and review of these Design Guidelines your preferred house design will need to be prepared or selected. The first step of the planning process is to seek approval from the 'Shell Cove Architect' (SCA) for the design of your new home.

Future building extensions or renovations may also require approval by the SCA to confirm compliance with the Guidelines prior to submission to Council where consent is required.

Design approval is required from the SCA before plans can be lodged with Shellharbour City Council for a Development Application (DA) approval.

This includes those homes using the NSW Housing Code.

Following the DA approval, you will require a Construction Certificate (CC) approval from a Principal Certifying Authority (PCA) before construction can commence.

You are encouraged to have a preliminary meeting with the SCA to discuss your proposal to avoid any unnecessary work, time or costs. The required documentation (refer to the Checklist Appendix B) should then be prepared and submitted to the SCA for formal assessment.

If you propose any variations to the design after approval has been given by the SCA, the SCA will require 4

There is no assessment fee payable to the SCA. The SCA may allow variations to the guidelines on the basis of architectural and landscape merit.

Merit based assessments will consider variations to the guidelines where the relevant objectives and superior built form and/or improved environmental living outcomes are achieved, including improved building bulk and scale.

Any necessary variations will be considered

by Council as part of the DA assessment in the context of the various objectives contained within these Urban Design Guidelines.

Purchase your land, Review Design Guidelines Select or Prepare a Home Design (Builder / Designer / Architect)

1

2 3

4

A meeting with the SCA can be arranged by contacting Shell Cove Sales Office on 13 38 38.

• •

Site Analysis, Site Plan and Floor Plans Preliminary drawings and Elevations with dimensions

Assessment of your Home Design by the Shell Cove Architect (SCA) • •

Submit Completed Home Design Package (see page 45 - page 48) SCA Approval

Assessment of your Development Application by Shellharbour City Council • •

Refer to Council for their DA submission requirements DA Approval Issuing of your Construction Certificate by Principal Certifying Authority (PCA)

• •

PCA CC submission requirements CC approval

• • •

Approved Construction Certificate from PCA Construction Completion of your Home and Landscape

Construction

5

The SCA will endeavour to assess your home design within ten (10) working days.

Information to be submitted is identified in the Applicant Checklist in Appendix B (pages 45) of the Guidelines.

Review of your Preliminary Home Design by the Shell Cove Architect (SCA)

6

Issuing of your Occupation Certificate by Principal Certifying Authority (PCA) • •

Approved Occupation Certificate from PCA Move in to your Home

FIGURE 3: Key Steps in the Approval Process

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

2. RESIDENTIAL PRECINCTS F AND G

OVERLAND FLOW PATH OPEN SPACE CORRIDOR LOTS GENERALLY ORIENTED NORTH-SOUTH POTENTIAL BRIDGE CONNECTION

PRECINCT E

OVERLAND FLOW PATH OPEN SPACE CORRIDOR POTENTIAL PATH TOWARDS SPORTS FIELD

OVERLAND FLOW PATH OPEN SPACE CORRIDOR

Legend Precinctt F & G boundaries Single dwelling g detached lot Apartment ent sitess

RO AD 25

POTENTIAL GATHERING SPACE/PLAY AREA LOTS GENERALLY ORIENTED NORTH-SOUTH

BRIGANTINE DR New Park POTENTIAL GATHERING SPACE/ PLAY AREA

23

New Park

AD

FOOTPATH TO BE 3.5M WITH 0.5M MASS PLANTING BED

Integrated ed / m medium edium e density sites

Residential lots generally have a northsouth orientation with a small number of lots oriented east-west. Lots with a street address to the north are encouraged to

KEITH HOCKEY OVAL

CAN BASE OF OVERLAND FLOW BE PLANTED

23 AD RO

Precincts F and G cover some 8 Ha and are framed by The Boat Harbour to the south, Precinct E to the west, the Ron Costello and Keith Hockey Ovals to the north, and the future Shell Cove Precinct H to the east. A key north/south oriented open space link bisects Precincts F and G and maximises access to the Boat

RON COSTELLO OVAL

RO

PRECINCTS F AND G

Future open space corridors and pocket parks will provide gathering and play spaces as well as pedestrian links between the Boat Harbour, the existing Shellharbour Village and Ron Costello Oval.

POTENTIAL BRIDGE CONNECTION

LAN EWA Y 02

2.2

The land slopes broadly to the south toward the new harbour and development will provide a range of low and medium density housing options.

MASS PLANTING TO THE SLOPE

24 AD RO

This section describes the urban design attributes and desired future character of the precincts which have influenced the street pattern, lot layout, open space provision and pedestrian connections.

Harbour as well as providing a key role in management of surface water flow.

LANE WAY 01

2.1 DESIRED FUTURE CHARACTER

ROA D 23

Open space pace Precinctt roads road ds

FUTURE PRECINCT H

Key views/ ws/ vistas istas Legend Title Main Site pedestrian boundary links

x Major drainage

R BOAT HARBOUR

New Park

x

Key corner entry lot

POTENTIAL GATHERING SPACE/PLAY AREA PRECINCT H

x

FIGURE 4: Precincts F and G Key Principles / Characteristics Diagram (layout including open space

design / provision is contingent on determination of the subdivision DA). Structures / works within the Boat Harbour & associated land works / structures are contingent on separate approvals

5

2

2

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

include private north facing courtyards within front building lines. Lots with a street address to the south are encouraged to provide north facing living spaces and private open space to the rear of the lot.

Street names within this document are subject to approval by the Geographical Names Board of NSW. Vehicular access to Precincts F and G is from Harbour Boulevard via Brigantine Drive.

Site Access and Street Network •

Brigantine Drive provides connection to Harbour Boulevard.

•

Open space links provide pedestrian

via Brigantine Drive to Harbour Boulevard, bus routes and main cycleway.

connection southwards to the Boat Harbour, Keith Hockey and Ron Costello Ovals.

•

Direct vehicular access is available to lots or garages fronting Brigantine Drive.

Land Use and Building Types •

Precincts F and G will include detached low density, attached townhouse type dwellings and apartments.

•

Larger corner lots to provide additional diversity of housing.

•

Dwelling numbers and type are to be generally in accordance with the Concept Plan Approval (07_0027) as modified.

View and Vistas •

Vistas to the Boat Harbour via open space links and Road 23 and Road 24.

Amenity •

Harbourside location with close proximity to Keith Hockey and Ron Costello Ovals.

•

Pedestrian and cycle connections

Pedestrian linkages/Crime Prevention •

Relevant crime prevention through environmental design principles to be followed for design for pedestrian linkages/parks. This is to include for instance, passive surveillance/ landscaping, visual links to and from the pedestrian linkages/parks.

Open Space Treatment The northern area of Precinct F and G interfaces with existing residential development and Keith Hockey and

6

Ron Costello Ovals. This interface is linear shaped running north – west to south – east and is a planned engineered wetland/swale/vegetated system.

Treatment of this interface must: •

Incorporate shared use path(s) – this will account for existing and future pedestrian/cycle desire lines.

•

Account for Crime Prevention Through Environmental Design principles – in particular planting must be visually permeable, not provide concealment opportunities and pedestrian crossing/routes must be conducive to casual surveillance.

•

Account for existing lot boundaries/ ownership, future ownership, maintenance liability of the open space/associated assets.

•

Manage/minimise flood risk.

The north – south open space links must also accord with the above treatment provisions, including incorporating shared use paths. Additionally, landscaping of these links must be compatible with their function as view corridors.

3

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

3. LOT TYPES AND SITE PLANNING FOR DETACHED HOUSING

Section 3 addresses the relationship of houses to the variety of lot types within the subdivision, orientation of main living rooms and private open space, the location of garages and design of building envelopes.

The subdivision of the land within Precincts F and G provides a choice of land options to meet a variety of lifestyle needs of households.

A site analysis diagram must be prepared for each lot, which identifies the main influences on the layout of the house, garage and garden.

The guidelines relate to the following living options or building types: • •

Detached House Lots - 17m wide lots and over;

3.1 BUILDING AND SITING REQUIREMENTS Each house should be site responsive, be specifically designed for its lot and take into account land slope, views, breezes, solar orientation, access opportunities and any issues such as privacy or overshadowing related to neighbouring properties.

The siting of houses will need to be carefully considered to address the following: •

Slope of the land and water run off;

•

Location of living spaces and gardens for good solar access in winter and to provide sun shading in summer;

• •

Detached House Lots - 15m wide lots;

Usable north facing porch and courtyard with pleasant street views

Capture favourable north-east breezes

North Sun

PRI

Orientation to catch prevailing breezes in summer months and to protect from adverse weather;

Assess any influences from neighbouring properties

Potential for north facing courtyard with dual aspect living rooms

Detached House Lots - 11m wide lots;

•

•

Zero Lot Line Lots (build to the side boundary); and

Setbacks to streets and lot boundaries;

•

Access requirements of vehicles and pedestrians;

•

Neighbouring dwellings; and

•

Requirements of services and easements.

EET

Locate garage to the southern / south eastern side Service courtyard and access to yards

L m

Maximum building envelopes;

G

Rear garden planting for privacy

STR

Land slope taken up by elevating front of house above street level

L

Discrete service areas 12m

•

RY

11m

•

MA

11.5

Detached House Lots - 13m wide lots;

Special Lots - Corner lots and Key Corner Entry Lots.

For example, northern orientation is most desirable for living rooms and private open spaces. Where passive street surveillance and/or good views conflict with this, you should consider open plan – flow through living plans to maximise opportunities for dual aspect.

Strong connection between living spaces and external spaces;

•

•

These considerations will vary depending on each lot type and orientation.

Protect from southerly winds

FIGURE 5: Example of site analysis diagram

7

3

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

3.2 DETACHED DWELLINGS

RON COSTELLO OVAL

24

PRECINCT E

2

3

4

5

6

7

8

9

KEITH HOCKEY OVAL

10

18 17

16

15

14 13

11 12

Key site controls for lots with 17m, 15m, 13m and 11m frontages are set out in Table 1 and illustrated in Figures 7-11.

20

21

42

AD

Legend

23

Precinct F & G boundaries

NTINE

ROA

11m frontage lot

41

DR

D 23

13m frontage lot

LAN EWA Y 02

BRIGA

RO

The design and siting of houses on the corner lots is an important consideration given their prominent locations within the streetscape.

19

40

RO 22

39

AD

23

38

24

25

26

25

27

28

30

29 37

36

31

35 34 33

32

23

AD

RO

17m (or greater), 15m, 13m and 11m Frontage Lots

1

RO AD

Precincts F and G provide for a range of lots suitable for detached dwellings.

Refer to Figure 6.

LANE WAY 01

3

15m frontage lot 17m and over frontage lot Legend Title Key corner entry lot

FUTURE PRECINCT H BOAT HARBOUR

Site boundary Duplex lots x Primary street frontage x 0

10

x

20

40

80

FIGURE 6: Lot Types for Dwellings

8

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

All setbacks in Table 1 are minimum requirements (refer page 11).

Importantly, an articulation zone is incorporated within the front setback projecting a maximum of 2.5m forward of the building line (over all storeys).

This is to encourage the incorporation of architectural features such as a verandah, porch or pergola which may be combined with upper level balconies within a 2 storey house, to provide visual interest, articulation, weather protection and sun shading.

The design guidelines encourage a design-led approach to the incorporation of verandahs, porches and balconies and these can be larger when the front facade is set further back than the 4.5m minimum dimension.

Figures 7-11 illustrate good design principles for site planning for a variety of lot orientation and access conditions.

Windows or doors of a living area, or at least a bedroom and a front door, should be appropriately oriented to foster casual surveillance of both primary and secondary streets.

Front pier and letterbox

•

To maximise casual surveillance of adjacent streets and public realm.

•

To ensure quality architectural presentation to adjacent primary and secondary streets.

•

To achieve appropriate levels of privacy within the dwelling.

Minimum Front building setback 4.5m

Articulation zone permitted in front of main facade for verandahs, porches and balconies

1m Setback for 1.8m fence

L/B G

1.2m Side setback

For 2 storey dwellings on lots with secondary street frontage (i.e. corner lots), upper level windows must be located and oriented to maximise casual surveillance of the secondary street.

•

For 2 storey dwellings on lots oriented towards public open space, upper level windows must be oriented to maximise casual surveillance of the public open space.

Main bedroom

Living or bedroom face primary street

2.5m FIGURE 7: Front setback zone requirements

•

Local street

2.5m Articulation zone

The dwelling must have windows or doors of a living area, or at least a bedroom and a front door, facing the primary street.

Minimum setback to articulation zone

5.5m min. Garage setback

2.5m

•

Design Objectives

Landscaping between driveway and boundary

2m min.

Design Requirements

Footpath

4.5m min. front setback

The design guidelines in Section 4 provide more detailed information on orientation, room layout and ESD principles.

2m

Front pier and letterbox

FIGURE 8: Front setback zone requirements - Section

9

3

3

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

3.3 DEVELOPMENT OBJECTIVES AND BUILT FORM CONTROLS

Element

Objectives

Lot Size

•

To achieve an orderly, attractive and cohesive streetscape pattern for Precincts F and G.

•

To deliver the desired future character envisaged for Precincts F and G.

•

To enable Precincts F and G to be developed to an appropriate density and scale.

•

To provide setbacks that reinforce the established streetscape pattern.

•

To allow for landscaping and open space to enhance the streetscape with a garden character.

•

To provide adequate solar access and visual privacy between neighbouring dwellings.

•

To manage the visual impacts of building bulk through adequate separation for the amenity of residents and adjoining properties.

•

To reinforce the visual qualities of corner locations.

Solar Access

•

To enhance amenity by optimising sunlight to habitable rooms and private open spaces having regard to lot orientation, design constraints and opportunities.

Site and Landscape

•

To ensure site planning appropriately addresses opportunities and constraints of the site conditions and their relationship to the surrounding context.

•

To ensure efficient use of the available site area.

•

To protect the visual privacy of nearby residents.

•

To provide appropriately sized private open space areas and balconies to enhance residential amenity.

•

To maximise the livability of dwellings and enjoyment of residents.

•

To provide private open space that is well integrated with indoor living areas to promote outdoor living and functionality.

Building Height

•

To foster a streetscape pattern and building form that is consistent with a low density residential neighbourhood.

Parking

•

To provide adequate and secure car parking for all dwellings.

•

To integrate garages, car parking areas and driveways into the overall development design.

•

To ensure garaging does not dominate the streetscape.

•

To provide adequate, well designed storage in each dwelling.

The following objectives are applicable to all development in Precincts F and G. These development objectives are supported by building controls outlined in Table 1 and more detailed design objectives and design requirements set out in the following sections.

Setbacks

Private Open Space (POS)

Storage

10

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Element

Built form Controls

Lot Size

Lot Width (typical lot)

m

11m

13m

15m

Lot Depth (typical lot)

m

30m

30m

30m

30m

Lot Size (typical lot)

m2

330m2

390m2

450m2

540m2

Setbacks

Primary Frontage

Secondary Street Frontage (Corner Lots) º

Side

Building Frontage

Min. m

4.5m

4.5m

4.5m

4.5m

Garage Frontage

Min. m

5.5m to door

5.5m to door

5.5m to door

5.5m to door

Articulation Zone

Min. m

2.5m (over 2 storeys only)

2.5 (over 2 storeys only)

2.5m (over 2 storeys only)

2.5m (over 2 storeys only)

Building Frontage

Min. m

Garage Frontage

Min. m

No 11m wide corner lots in Precincts F & G N/A

No 13m wide corner lots in Precincts F & G N/A

2.5m (for max length of 15m) then 4m 2m to garage door

2.5m (for max length of 15m) then 4m 2m to garage door

Articulation Zone

Min. m

N/A

N/A

1.5m

1.5m

Ground Floor

Min. m

1.2m

1.2m

1.2m

1.2m

Upper Storey

Rear * Secondary Street Frontage Rear Setback Solar Access Site & Landscape

Min. m

1.2m

1.2m

1.2m

1.2m

Zero Lot Line Ground Floor and Wall Height #

Max. % of Lot depth

75% (see below for maximum wall heights) to a maximum wall height of 3.5m

75% (see below for maximum wall heights) to a maximum wall height of 3.5m

Garage only (to a maximum wall height of 3.5m)

Garage only (to a maximum wall height of 3.5m)

1.2m and/or Zero Lot Line Second Storey and Wall Height #

Max. % of Lot depth

front 50% at 0m for 8m then 1.2m (to a maximum wall height of 7.5m)

50% at 1.2m (to a maximum wall height of 7.5m)

1.2m

1.2m

Ground Floor

Min. m

3m

3m

3m

3m

Upper Storey

Min. m

6m

6m

6m

6m

Garage (Rear Loaded)

Min. m

N/A

N/A

2m

2m

Hrs/x% of POS

3 hrs / 50% of POS ^

3 hrs / 50% of POS ^

3 hrs / 50% of POS ^

3 hrs / 50% of POS ^

Site Coverage

Mid Winter

% of lot area

65%

65%

60%

60%

Landscaped Area

% of lot area

10%

10%

15%

15%

Min. m2

40m2

40m2

40m2

40m2

Principal POS

Min. m2 (min dimension)

24m2 (min. dim 4m)

24m2 (min. dim 4m)

24m2 (min. dim 4m)

24m2 (min. dim. 4m)

POS in Front & Rear Setback

Min dimensions (unobstructed)

3m

3m

3m

3m

2.5m

2.5m

2.5m

2.5m

Total Private Open Space Area Private Open Space (POS)

17m (or greater)

POS on Front Balconies

Min dimensions

Building Height

Max.storeys / m above ground level

Storeys / height above natural ground level

Parking

Provision ##

Rate/dwelling by bed number

2 Storeys. (3.5m maximum wall height for single storey, 7.5m maximum wall height for two storey).

2 storey + attic inclusive of any roof 10.5m height subject to design.

Building heights are not to exceed the maximum height approved under the Concept Plan Approval (MP 07_0027) as modified.

1 space per 2 bedrooms with a minimum 2 spaces

1 space per 2 bedrooms with a minimum 2 spaces

1 space per 2 bedrooms with a minimum 2 spaces

1 space per 2 bedrooms with a minimum 2 spaces

Table 1: Built Form Controls

Definitions of the terminology used above, and in the following notes, are provided in Appendix E. With curved or angled frontages, front setback requirements will apply to the shortest lot length side. * Rear setbacks are to be measured to any proposed wall, balcony, verandah or porch. Rear and side setback controls do not apply to corner duplex sites, refer to Section 3.5 for further guidance. ^ 3 hours solar access required to 50% of open space with direct solar access to an area with a minimum dimension of 1.5m which is clear of any encumbrances/impingements and that is private, functional and usable. There may be dispensation for south facing lots where skylights into living spaces, balconies / courtyards on the north face can be included. There may be dispensation for duplex and north facing lots where solar access meets the relevant design objectives. # Ground and second storey side setback of 0m to dwelling and/or garage only permitted for lots defined in Figure 12. Also refer to Figures 17 and 18 for 11m and 13m lot width side setback. 150mm will be required in some instances, see Section 3.4. º Corner lot splay boundaries are to be treated as secondary boundary setbacks. ## Dwelling houses and dual occupancies/duplexes are required to provide a minimum of 2 spaces per dwelling. The ratio is rounded up to the nearest whole number.

11

3

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

North-South Lots - Primary street to the north

North-South Lots - Primary street to the south

Consider increasing setbacks to the north to maximise north facing private open spaces and / or courtyards with a verandah, porch or pergola. Minimise rear setbacks and set back upper levels to maximise northern sun into the backyard.

Maximise north facing rear yard for private open space connected to living areas. House types for lots should maximise open / flow through plans and provide surveillance to the street.

Minimise south setbacks.

Refer to Courtyard Fencing Section 4.8.

Setback can exceed minimum to create useable north facing outdoor space 4.5m

Dual aspect to link living areas

Minimum (3m) setback for single storey to allow sunlight

East-West Lots - Primary street address Provide for north facing rear yards and / or courtyards for private open space connected to living areas.

Storage Design Requirements

Preferred housing types include courtyard and stepped built forms.

Upper storeys are to be designed to provide good solar access to adjoining development.

PRIMARY STREET

Maximise setback Garage to be set back minimum 1m behind front facade Service area

Protect from Southerlies

Main bedroom to street 1.5m Minimum (4.5m) setbacks to street

5.5m

PRIMARY STREET

FIGURE 9: North-south lot with primary street to

FIGURE 10: North-south lot with primary street to the

the north

south

1 Bedroom dwelling

6m3

2 Bedroom dwelling

8m3

3+ Bedroom dwelling

10m3

•

Any storage provided on balconies is to be integrated into the balcony design, weather proof and screened from public view.

North facing private open space backyard and living

Service court

Minimum Storage

Space for storage may be found, however is not limited to the following locations: bedroom robes, linen cupboards, overhead or standard cupboards, study nooks, under stair storage areas, within garages, on balconies and alfrescos.

Family living areas to the north

Upper floor

Dwelling Type

• Maximise north facing private open space

PRIMARY STREET

3

Minimum setbacks to rear boundary Service courtyard to the south FIGURE 11: East-west lot with primary street address

Note: Where adjoining the street frontage, principal private open space is to be physically separated from any pedestrian property entrance/pathway to the dwelling entrance to improve privacy and security. Physical separation can be achieved by way of landscaping and/or fencing.

12

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

3.4 ZERO LOT LINE BUILDING

1

24 AD RO

PRECINCT E

2 1

3

4

5

6

7

1

1

3

8

3

3

3

18 17

1

3

2

16

15

14

2

13

9 3

KEITH HOCKEY OVAL

10

11 12 19

1

As illustrated in Figure 12, for lots identified 'Zero Lot Line boundaries permitted', the garage and dwelling areas may be built to a zero lot line boundary.

22 1

1

NTINE

42

DR

ROA D 23

Precinct F& G boundary

LAN EWA Y 02

Legend

LANE WAY 01

BRIGA

23 AD RO

‘Zero lot line’ building provides an opportunity to construct a dwelling or garage within the standard side setbacks.

Where zero lot line building is proposed, building and site design must consider the site levels and built form proposed on the adjoining lot. If the building design on the adjoining lot is not available prior to seeking approval, then consideration must be given to the natural cross falls of the adjoining lot.

1

21 1

41

RO

AD

23 1

2

1

40

24

1 39

3 38

25 3

26

37

27

3

3

2 3 36

25

28 3

35

30

29

2

3

34

31

2 32

33

23

20 1

RO AD

The building of walls on or immediately adjacent to the boundary where permitted, allows you to build more efficiently on your lot and can open up side windows and / or courtyards to solar access on one side. Build to boundary walls are best located on western or southern sides to open up homes to the north / easterly orientation.

RON COSTELLO OVAL

Zero Lot Line boundaries permitted (garage and dwelling) Zero lot line garages only permitted

FUTURE PRECINCT H

General direction of slope (fall) of lot 1

BOAT HARBOUR

Zero Lot Line construction type (Refer Figures 14-16)

x

Where lots are identified 'Zero Lot Line garages permitted' only the garage may be built to a zero lot line boundary.

0

10

x

20

40

80

FIGURE 12: Zero Lot Line Building

13

3

3

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Refer to Figures 13-16, which illustrate how you can achieve setbacks on or immediately adjacent to the boundary that respond appropriately to the slope of your lot and the lot next door.

The location, length and height of walls on the lot boundary is restricted to ensure that your neighbours have no loss of amenity.

'Zero lot line' construction may be permitted in circumstances where site characteristics have been appropriately considered in the design of dwellings to ensure appropriate building outcomes are achieved. In some instances, minor setbacks of approximately 150mm will be required to provide for subsoil and roof drainage requirements, refer to Figures 13-16 for further details.

Design Requirements •

Zero Lot Line building is to be in accordance with Figure 12.

•

The wall on the boundary must be finished to match the facade of the dwelling.

•

The design of the footings on a lot boundary should take into account any changes in level and allow for construction of walls on the adjacent lot without undermining footings.

•

Where zero lot line building is permitted, building setbacks must either: – be 0mm if site conditions and building design permit (Figure 15 and Figure 16);

Design Objectives •

To promote efficient site configuration and setbacks.

– be 150mm (approximately) where required to provide for subsoil and roof drainage (Figure 14); or

•

To respond appropriately to site topography.

– comply with the standard set back requirements for the lot.

•

To maintain adequate visual and solar amenity between adjacent lots.

•

Set backs that do not comply with the above will not be accepted.

FIGURE 13: Determining the cross fall of the adjacent lot.

14

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Zero Lot Line Construction Type 1

Zero Lot Line Construction Type 2

Zero Lot Line Construction Type 3

Application: Where there is a site cross fall away from the zero lot boundary (typical 600mm).

Application: Where there is a site cross fall towards the zero lot boundary.

Application: Where all lots are flat or generally have a fall from front to back or back to front.

FIGURE 14: Zero Lot Line Construction Type 1

FIGURE 15: Zero Lot Line Construction Type 2

FIGURE 16: Zero Lot Line Construction Type 3

General Note: Storm water and slotted drainage is to be wholly contained in the subject land. The zero lot wall may need to be setback from the boundary to accommodate drainage requirements.

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Secondary storey rear setback 6m min.

3m min.

5.5m min. to garage

Front boundary

1.2m

First floor zero lot line setback to max 8 metres in length after which 1.2m setback applies

4.5m min. to dwelling Side boundary

Rear boundary

3.5 SPECIAL LOTS Second storey overall wall length can occupy max 50% of lot depth. Nil lot line wall maximum 8m length, then 1.2m applies beyond 8m, if applicable.

of e wall upy 75% can occ e a zero lot lin ll a w e g b a r n a a g c wall luding Wall inc lot depth. This Lot Line Elevation

There are also special fencing requirements for corner lots (refer to Section 4.8).

Corner Lots Corner lots are all lots located on the corner of two street frontages. They are generally wider than other lots and may have splayed boundaries due to the geometry of the streets. Refer to Figure 6 and Figure 19.

Corner lots are to have a minimum secondary (side) boundary building setback of 2.5m. Corner lot splay boundaries are to be treated as secondary boundary setbacks.

The design of dwellings must address both streets and 'turn the corner'. This means that elements such as windows, wall materials, colours, sunshades etc should wrap around the corner.

Section

An articulation zone of 1.5m is allowed to the secondary frontage to encourage

FIGURE 17: Lot Line (11m) Control

Design of houses to address both frontages. Articulation zone turns corner

Wall setback 1.2m.

Overall length canoccupy max 50% lot depth

3m min.

5.5m min. to garage

4.5m min. to dwelling

of wall py 75% an occu a zero lot line c ll a w e e g b a r n a a g wall c luding Wall inc lot depth. This

Side boundary

Secondary storey rear setback 6m min.

Front boundary

Rear boundary

2.5m secondary street setback max 15m @ 2.5m setback

Alternate garage location and access off primary street. One vehicular access point permitted for single dwellings

First floor setback Preferred location of private open space

Min. 5.5m front setback to garage

Preferred secondary street access

Rear service area

Preferred location of private open space Legend

Preferred Garage Location Splay boundary Alternate Garage Location

5.5m FIGURE 18: Lot Line (13m) Control

16

FIGURE 19: Example of Corner Lots

to ga

rage

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

the incorporation of building elements that also turn the corner, for example projecting sun screens, balconies and pergolas.

Vehicular access can be from the front street or the side street (preferred).

On north facing lots, rear access is particularly preferable to maximise the number of north-facing habitable rooms to the street.

Design of dwellings to address and maximise view to open space link and public realm

Key Corner Entry Lots Key corner lots are lots located on the corner of two street frontages, that are also located in prominent locations within the precinct.

There are three key corner entry lots identified in Precincts F and G (refer to Figure 6). Lots 30 and 33 mark the entrance to the precinct while Lot 42 is located in a visually prominent corner location and is highly visible from key public open space elements.

Preferred location of private open space

Dividing fence Corner articulation required as per Figure 21 Fence to be constructed by Frasers Property Australia

Each of the identified key corner entry lots is a duplex site. On these sites, careful consideration should be given to ensuring that dwellings appropriately address both street frontages. The dwelling adjacent to the corner should be designed to reflect the prominent corner location through architectural expression and/or inclusion of design features. Refer to Table 1 for built form controls.

Any inconsistencies between this section and built form controls in Table 1, the latter will prevail.

The fences to the key corner entry lots are to be constructed by Frasers Property Australia and may incorporate signage for the Precincts subject to further approvals.

Examples of signage may include, however are not limited to directional signage to points of interest, precinct names and street names.

Buildings on Corner Lots The corners of houses facing intersections are important and should reinforce their prominent location. This may be through articulation of the building form, increased height within the concept plan approval as modified, height limit, the use of architectural design elements, interesting forms and/ or colour emphasis. Refer to Section 4.3 for details.

1.2m side setback 1.8m high fence Option for rear lot line garage Garage setback on secondary street Min. 2m Setback on secondary street (2.5m)

1.5m

Articulation zone return Articulation zone

Preferred location of private open space Min. 5.5m garage setback

FIGURE 20: Example of Key Corner Entry Lot with duplex

Verandah, pergolas, porches, balconies encouraged by articulation zone and 2.5m Articulation setbacks zone permitted

4.5m min front setback

FIGURE 21: Example of Corner Lot Articulation Zone

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Duplex Sites A number of corner lots are suitable for duplex development and are nominated in Figure 6. These sites will permit one or two homes in either attached or detached format.

The design and siting of duplex housing will require consideration of address to multiple street frontages.

Maximise north-facing private open space Fence Type 1 or 2 permitted where duplex addresses street / laneway

2.5m

2.5m

Each home should address either the primary or secondary street. Elements such as windows, wall materials, colours and sunshades should be consistent.

Setbacks for primary and secondary street frontages are identified in Table 1 Built Form Controls. For lot boundaries other than street frontages, a minimum 1.2m setback applies with a 3m setback along at least 50% of each boundary.

Refer Figure 22.

Minimum 1. 2m side setback for up to 50% of the boundary length, 3m minimum for a minimum of 50% of boundary length

Dividing fence 3m setback for at least 50% of side boundary

Separate vehicular access

Garage with zero setback permitted on side boundary 4.5m

FIGURE 22: Example of duplex homes on a key corner entry lot

18

Providing separate access to homes by locating the driveways on different streets is encouraged. It is preferable to locate side driveways and garages to the south of the home to maximise north-facing habitable rooms and private open space.

Refer to Figure 22.

Where nominated on Figure 12, single storey garages may be located with zero side lot alignments. Second storey duplex elements must meet side boundary setback requirements, refer also to Table 1.

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

3.6 SLOPING SITES The design of your home must respond to the slope and orientation of your lot.

Design Objectives •

To minimise site excavation.

The amount of excavation required should be minimised. Where slopes prevail, consider a split level house plan or garage under which responds to the slope.

•

To maintain adequate visual privacy between neighbouring lots.

For front to back slopes, step the house down the slope. For cross slopes, a mid step in the floor plan can avoid visible retaining walls on lot boundaries.

The majority of lots have slopes from rear to front of 0.75m or less.

Some lots have cross site falls of up to 0.2m.

Low front fence

•

Retaining walls forward of the house to be masonry to complement house design.

•

Terracing of retaining walls and incorporating landscape screening is encouraged.

Design Requirements •

The dwelling must respond to the topography of the land through split level designs unless privacy to adjacent properties can be demonstrated.

•

Retaining walls in the rear garden should be at least 3m from the rear of the house to allow for a level connection between living rooms and private open space.

•

Maximum 500mm cut and fill.

•

•

Dwelling designs are to ensure reasonable visual privacy to adjoining dwellings.

Retaining walls on street boundaries must comply with fencing controls in Section 4.8.

•

The finished ground floor level of your home is to be no greater than 500mm above the existing ground level.

Variation to this control, of up 900mm above the existing ground level, may be considered where an improved design outcome is achieved.

Stepped or split level plan follows slope of the land

Road

FIGURE 23: Siting on sloping sites

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4. BUILDING DESIGN, ARCHITECTURAL & LANDSCAPE CHARACTER Memorable streetscapes incorporate attractive house facades, well defined and landscaped front gardens together with consistent fences.

Houses are designed to provide a desirable outlook for residents and to create safer and more visually appealing neighbourhoods.

4.1 BUILDING FACADES, STREET FRONTAGE & CHARACTER The building facades and character of homes at The Waterfront Shell Cove should reflect the coastal location and articulate the sustainable focus of the community.

Facades should respond to the Shell Cove microclimate, explore different elevational treatments related to orientation, incorporate external shading components such as verandahs and utilise high quality, durable materials and finishes suitable for coastal conditions.

The design quality of facades will also be influenced by the articulation of facade elements, innovation of environmental sustainability, proportion, transparency, the interplay of light and shade, materiality and colour.

Forms of articulation include blade walls, steel and natural timber posts, entries, balconies, verandahs, pergolas, screens, awnings, feature walls and a combination of external materials.

To foster interaction with the street, it is preferable that an indoor living area should provide surveillance over the primary street and open onto a weather protected useable outdoor space.

Design Objectives •

To establish a memorable and relaxed coastal character that is responsive to local microclimate.

•

To establish a high quality of visual presentation of dwellings to streets and the public realm.

•

To foster an interactive relationship between the dwelling, its occupants and adjacent streets and public realm.

Timber 'boathouse' detailing painted posts and railings (open) 1/2 round gutters and circular downpipes 600mm wide eaves 450mm min.

At least 50% of external walls to be lightweight Light, natural, coastal colours Living area to the street Clear, safe and accessible entries Attractive and usable front outdoor space Coastal landscape quality

20

Contemporary coastal living

Outdoor rooms & living areas

FIGURE 24: Preferred Design Elements

Design Requirements •

All buildings are to positively contribute to the character of Shell Cove through quality (design) composition of facades.

•

Facades are to be contemporary in character and may reflect traditional coastal holiday homes in their simplicity of form, verandahs and 'lean-tos' and vertical, rectangular windows set into walls.

•

Reproduction or replica styles of buildings such as Federation, Georgian, Tuscan or Tudor are not considered to be appropriate at The Waterfront Shell Cove.

Light coloured metal roofing and insulation

Vertically proportioned window openings with expressed trim Metal roofing preferred Simple garage door colour similar to house or in timber Verandah, porch and/or balconies minimum 30% of front facade

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

•

•

Facades should provide a richness of detail and design interest especially at visually prominent locations.

Dwellings should be articulated so that the main building line is forward of the garage. Materials, balconies and porches should be composed so that the garage does not dominate the front elevation.

Coastal Character The design of your home should contribute to the contemporary coastal design character encouraged at The Waterfront Shell Cove.

This can be reflected by: •

•

Maximising indoor / outdoor relationships that create a sense of 'openness' and 'transparency' with opportunities for 'outdoor' rooms, verandahs, balconies and porches.

Using materials, colours and textures that reflect the natural coastal landscape.

•

Use of lightweight external materials particularly to the upper levels.

•

Receiving ample sun into living areas and maximising natural cross ventilation for summer cooling.

•

Utilising external sun control and privacy devices to add character and save energy.

•

Adopting vertically proportioned windows, expressed trim and timber 'boat house' details.

•

Horizontal shading elements are encouraged.

•

•

External Materials Building facades of predominately lightweight materials are encouraged to contribute to the coastal character of the community.

•

The creative use of contrasting / complementary lightweight materials is encouraged particularly to upper building levels. Materials can include timber or reconstructed weatherboards, plywood, compressed fibre cement products and metal cladding.

•

•

•

A mix of external materials is required. As a general rule, at least 50% of external materials are to be lightweight in character (to all facades).

At least two complementary materials or finishes should be used for facade articulation.

Rendered, bagged/painted masonry or brick/stone should be limited to the lower parts of the building. For two storey houses, masonry should not be above the first floor balcony or window sill height.

All materials and finishes to resist coastal elements and be easily maintained.

Refer to Section 4.6 and Appendix G for the preferred external materials palette.

Metal

Lightweight

Masonry

Lightweight materials and simple building forms encouraged for coastal character

External materials

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Verandahs, Balconies and Balustrades Oversized and generous verandahs, porches and balconies are encouraged to take advantage of the favourable Shell Cove climate and opportunities for indoor/outdoor spaces.

Balconies, verandahs and porches can be incorporated within the articulation zone of 2.5m within the front setback.

As a guide front porches and verandahs should take up a minimum of 30% and up to 50% of the width of the front facade at ground level.

Design Objectives •

To maximise opportunities for outdoor living and useability of outdoor living spaces at all times of the year.

Design requirements •

Verandahs should have a minimum depth of 2.5m to be useable.

•

Doors and windows should generally be the full width of the balcony or verandah to maximise indoor/outdoor relationships.

•

•

Balconies and verandahs that wrap around the corners of buildings are encouraged. They should be intergrated and complement the overall design.

•

Balconies designed with pergolas, operable louvres and screens to increase climate control and create 'outdoor rooms' are encouraged.

Detailing of balconies, verandahs and balustrades should be generally open in style and reflect a coastal character using vertical timber battens, steel, mullion less or opaque glass, stainless steel wire or a combination.

Environmentally Sustainable Design (ESD) To conserve energy and save money your home design should include elements that increase the sustainability and performance of the building.

For example: •

Incorporate operable screens and shutters particularly to east and west facing openings.

•

Incorporate protective eaves (minimum 450m wide; 600mm preferred) or alternative shading devices.

•

Use of operable glass louvres is encouraged to maximise cross ventilation opportunities.

Refer to Section 5 of the Design Guidelines for ESD requirements.

Verandah / Porch 30-50% Proportion of verandahs and porches of front facade

22

Outdoor living room with pergola

Open style balcony with balustrades comprising timber and glass

Protective eaves and overhangs required.

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.2 BUILDING ENTRY AND RELATIONSHIP TO THE STREET The building entrance is the primary address of your home, it creates an interface with the public domain, contributing to the identity, legibility and safety of the street and the design character of your home.

For safety purposes, separate entries from the street for pedestrians and vehicles are encouraged.

Equitable access is also encouraged.

Where possible provide a safe, continuous, step free pathway from the street entrance and/or the parking area to a dwelling entrance.

4.3 IMPORTANT CORNERS Design Objectives •

•

•

To establish legible and intuitive relationships between dwellings and the primary street.

The front door opening should be a clear 850mm minimum width for wheelchair use.

•

To provide accessibility for people of all ages and abilities.

Entries are to be visible, generous and safe.

•

Front doors should be contemporary in design and incorporate a glass side panel or glass insert view panels. Any security doors are to be simple and contemporary in design.

•

An entry plinth is to incorporate elements such as street numbers mailboxes etc. (Refer to Section 4.8).

Design requirements •

•

A front verandah, porch or covered area (by way of an awning or similar) should be provided at, or over, the dwelling entrance to provide weather protection.

Locate the primary entry to buildings from the main street frontage by providing visible entries.

•

All levels of dwellings on corner lots are required to have windows to both the primary and secondary frontages to provide for passive surveillance to both frontages.

The corners of houses that face intersections, open space and act as termination points to public vistas are important and should reinforce their prominent location by quality of design.

This can be through articulation of the building form at corners, increased height (within the concept plan approval limit), the use of architectural design elements such as balconies, verandahs, pergolas, corner windows, the use of interesting forms and/or colour emphasis.

Design Objectives •

To ensure that dwellings on corner lots address both the primary and secondary street (or public open space) frontages.

•

To reinforce the prominent location of corner dwellings and establish a sense of visual interest.

Design requirements •

Front porch

Two storey building elements are required to be used at key corner entry lots as per Figure 6.

Front verandah

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

•

•

Key corner entry lots have been identified on Figure 6 to provide visual reference points and contribute to the creation of a sense of identity for the neighbourhood.

These sites require an architectural response to define a relationship with their surrounding. The architecture of the key sites can be expressed though some of the following methods: – Taller elements on corners within the concept plan approval limit – Distinctive colour on particular elements.

4.4 GARAGES AND DRIVEWAYS

Design Objectives

Garages are to be setback behind the main building facade a minimum of 1m and should not dominate the streetscape or building appearance. The driveway area should not dominate the entry or views from the street.

•

To minimise the visual dominance of garages on the dwelling facade and streetscape.

•

To soften the visual impacts of driveways.

•

To provide for sight distance safety.

Exceptions to setbacks for garages will be made where garaging is accessed from rear laneways or from secondary streets. Driveways should be integrated with the design of the front landscape area and complement the building design.

Design requirements

– Articulation on all public frontages.

– Distinctive planting.

24

Corner emphasis

Refer to Table 1 for design requirements.

•

The maximum garage opening is to be no greater than 6m.

• •

– Glazing on all public frontages.

Corner emphasis by window design

•

Design addressing the corner

Triple garages will only be permitted in a tandem arrangement.

Garages, particularly for 11m - 13m wide lots, are to be designed to reduce the visual impact of the

Garage setback behind building line

street. The architectural design must demonstrate an outcome to reduce visual domination of garages where the garage is located on the primary street frontage. The following measures or a combination of these measures would be considered appropriate in this regard: – Overhanging upper level of building so that the garage appears to recede within the built form; – Articulating the front building façade; – Creating texture in the materials used in the front façade that reduce the garage dominance; and

Colours and materials to match and integrate with the main dwelling

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

– Selection of darker, more recessive garage door colours.

•

• •

•

For corner lots, vehicle access and parking is preferred from the secondary street. Refer to Figure 6, Figures 19 to 21.

Detached garages should match the main house roof form and materials.

Where nominated on Figure 12, garages on side property boundaries can have zero set back.

Any balconies above can be on the side building line, provided the garage can be zero lot lined as defined in Figure 12.

Garage colours match main dwelling

•

Minimum dimensions for car parking spaces are to comply with Australian Standards (AS/NZ 2890.1:2004 Parking Facilities - Off Street Parking).

•

Minimum sight lines for pedestrian safety to be provided.

Treatment and Screening •

Garages are to be constructed in materials and finishes to match or integrate with the main dwelling.

•

Garage doors are to be of contemporary design and not overly 'featured'.

Segmented door system

•

Segmented door systems including panel lift and sliding doors are preferred with long horizontal panelling.

•

Vertical roller doors are not permitted.

•

Only one driveway crossover is permitted and is to be in accordance with Shellharbour Council specifications.

Driveways •

Driveways and paved areas should be minimised.

•

Uncoloured concrete and bitumen will not be approved.

•

There should be landscaping between the driveway and side boundary

Timber doors with natural light access

Segmented sliding doors and permeable paving

Sliding garage doors

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.5 ROOF DESIGN The roof is a key component of the design expression of your home. Quality roof design considers the contribution of the roof to the overall performance and function of the building.

Simple gable and hip roof forms are preferable for street frontages and may be combined with verandah and upper balcony elements to form an attractive street elevation.

•

•

Skillion roofs can be lower in pitch, for example, 10-15 degrees.

•

Articulated roof forms are encouraged to provide solutions for natural light and ventilation, summer shade and winter sun penetration to the interiors.

•

Design Objective •

To promote climate responsive roof forms that respond to the desired coastal character of Shell Cove.

Design Requirements •

Roof design is to be treated as an integral part of the overall design of your home.

Simple roof forms and lightweight materials

26

Roofs should be simple in form with gable and hipped roofs at a minimum of 24 degrees and a maximum of 42 degrees.

•

The use of low pitched, multi-plane, curved and hovering roof forms are encouraged and considered on design merit where they establish a distinctive coastal character.

'Boathouse' forms and deep overhanging roofs which extend to verandahs are encouraged and may include special treatments such as exposed truss and rafters or natural

'Boathouse' roof form

timber eave linings.

•

A variety of roof forms is encouraged along streetscapes.

•

Roof styles are to be predominantly hipped, gable, skillion or flat style.

Roof forms are not to be excessively obtrusive or likely to cause loss of amenity to the streetscape or neighbours. Any flat roofing must be combined with other roof styles.

•

•

Appropriate use of eaves, pergolas, screens, awnings, and louvres should be incorporated into the house and roof design to provide protection to the north, east and west facing windows Roof forms should be designed to maximise solar gain to north facing windows in winter and control excessive solar gain in summer

Low pitched skillion roof form

•

Elevated roof forms are encouraged to have operable windows to facilitate ventilation and the release of warm stale air

•

Where used, eaves are to be a minimum of 450mm from the face of the building to provide adequate protection

•

Eaves are to be used on all frontages except for walls on zero lot boundaries, or where a parapet is used

•

Light coloured, insulated metal roofing is the preferred roofing material.

•

Unpainted or highly reflective roofs will not be approved.

•

Service elements (such as vents and skylights) should be integrated into the roof design and / or painted to match the roof colour.

Articulated roof form for light and ventilation

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.6 EXTERIOR DESIGN PALETTE Design Objective •

•

To provide a selection of external colours and materials that will allow for individual design expression and establish a cohesive coastal character.

Design Requirements

The principal base colours of buildings should be natural, relatively neutral and light in tone, with stronger accent colours to be used on specific building elements such as screens, projecting blade walls, sun shading, pergolas, balconies, gutters and trim.

•

The choice of external materials and colours should relate to the natural and visual character of the Shell Cove landscape.

•

Where masonry is used, this is preferred to the base of the building with lightweight materials used for the upper levels.

•

The selection of external materials and finishes should be suitable for coastal conditions, for example exposure grade bricks.

•

Large areas of dark colours and materials including the roof and highly reflective finishes will not be approved.

•

An external colour scheme, together with coloured / coded elevation drawings, is required for the submission to the Shell Cove Architect for approval.

•

Composition of materials such as natural stone, timber and expressed steel elements are encouraged to add variation.

COASTAL COLOUR COMBINATIONS

Shale Grey

Surfmist

Mantra

Stormy

Shale Grey

Shale Grey

Castle Grey

Windspray

Icing White

Strauss White

Dune

Sateen Snow

Snowdonia

Astor White

Flokati

Gravel Chip

Autumn Bushland

Dune

(Images and colour combinations sourced from Wattyl http://www.wattyl.com.au/system/galleries/download/pdf/Exterior_Colour_Schemes.pdf)

49

Natural landscape materials, colours and textures as inspiration for external colour choices

The Waterfront Watterffrontt Sh Shellll C Cove ove C Colour olour l P Pal Palette lett tte (refer (refer f to to Appendix Appendi dix G)

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Preferred Materials & Colours Element

Preferred Materials

Solid walls

Masonry (lower walls) can include: • • • •

Sandstone or stacked natural stone (not vitrified tile equivalents) Rendered, bagged or painted blockwork or brickwork Face brickwork - smooth face only.

Textured bricks will not be approved Split face block work

Preferred Colours Cladding (all walls): • • • •

Timber Weatherboard Plywood Prefinished metal

• • • •

Zinc Copper Rendered Blue Board Painted CFC

• • • • • •

Refer to Colour Palette (Appendix G) Natural colour of materials Timbers stained (in a range similar to the colour selection) Pre-finished sheet metal (selected Colorbond colours) Light coastal, natural hues, cream, grey, off white, sand.

Strong brick colours will not be approved.

Note: Alternative wall materials may be approved based on design and merit.

All brickwork and associated fittings are to be coastal rated.

Roofs, Gutters & Downpipes

• • • •

Metal roof sheeting is preferred.

Selected flat profile tiles may be approved on merit.

Rainwater heads and expressed downpipes to be in folded metal Colorbond standard profile gutters to match the roof, or stainless steel in round / half round shapes

• • • • •

Off-white and light colours preferred (to minimise heat gain) Pre-finished metal finished (colours similar to Colour Palette) Selected Colorbond roof colours are in light to mid tones being Surfmist, Evening Haze, Shale Grey, Dune, Windspray and Bushland.

Must be suitable for coastal conditions.

Black roofs are not permitted.

Windows & Louvres

• • •

Glass / timber / painted windows Aluminium, prefinished or natural anodised Expressed window reveals are preferred

• •

Natural colours of materials (for example, natural anodised) Powder coat colours equal to Colour Palette colours

Sunshade Devices

• • • •

Horizontal timber louvres / battens Aluminium louvres Canopy roofs compatible with main roofing Painted CFC / Folded metal sheeting

• • • •

Natural colours of materials Colour as per Colour Palette Powder coat colours equal to Colour Palette colours Can be accent colours

Fencing (Refer to Section 4.8 Walls & Fencing Detail)

• •

Timber pickets / slats Rendered / painted Masonry plinth and piers

• • •

Natural colours of materials or to match / complement house Colour as per Colour Palette Powder coat colours equal to Colour Palette colours

Garage Doors

• •

Timber / sheet metal / translucent panels Tilt-up panel doors preferred. Roller doors are not permitted.

•

Natural or stained timber is acceptable.

Front Driveway / Pavement

• •

Exposed aggregate concrete (to match existing footpaths).

Stamped, stencilled paving is not permitted.

• • •

Natural landscape colours - sand, gravel, greys preferred No white / bright finishes.

No dark heat absorbing finishes

• •

Contemporary timber pickets / slats Painted steel pickets or slats

Consider combined hard and soft driveway treatments.

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.7 SUN SHADING AND OTHER DETAILS Details such as sun shading devices, balconies, downpipes and privacy screens should form an integral part of your home design.

The following indicates the preferred detailing of these building elements.

Design Objective •

•

Exposed rafters under eaves can add character.

•

Provide shade to north facing windows. As a general rule, the projection of north facing sunshades should be 30% of the height of the glass window or door.

•

•

Adjustable shading, for example shutters and screens are best to east and west facing openings.

•

Vertically proportional openings are preferred for windows and doors with expressed reveals.

•

North east and north west window openings often require vertical blades for effective solar control.

•

Any security doors are to be simple and recessive with dark coloured mesh.

•

Fly screens are to match window frame colours and be dark mesh.

•

External security roller shutters to windows are not permitted.

To foster climate responsive design solutions that contribute to the sustainability, visual quality and coastal character of Shell Cove.

Design requirements

Sun shading, Eaves and Screens Effective sun shading devices, screens and eaves can increase the climate control and habitability of indoor and outdoor spaces and save you money.

•

The use of timber battens, screens and sun shading devices is encouraged to create outdoor rooms for coastal living.

Generous roof overhangs or eaves are encouraged for weather protection and sun shading. The minimum width required is 450mm. 600mm is encouraged.

Gutters and Downpipes •

Careful design and integration of downpipes and drainage provisions is required to avoid unsightly detailing.

The use of circular down pipes and half round gutters would reinforce the coastal character of the house.

Openings

Sunhood 700mm un

Sum

mer

2100mm Inside

Effective sun shading devices

er s

sun

t Win

outside

Effective sunshading to north openings

Detailing under eaves and circular downpipes

Integrated downpipe design

Circular downpipes

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DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.8 WALLS AND FENCES Walls and fences define the boundary between your home and the public domain and contribute to the quality, character and identity of the street.

The composition of fences and walls should provide a balance between visual permeability and enclosure, with materials and colours that convey the contemporary coastal character of The Waterfront Shell Cove.

The fencing guidelines are based on the following principles: •

Relatively open streetscapes – open front gardens and semitransparent front fences to promote

Example of masonry piers and hedging for corner lots

30

casual surveillance and community interaction; •

Consistent and quality design – to enhance your home investment and unify the street; and

•

Privacy – achieved by dwelling design, solid side and rear fencing, visually permeable front and return fencing and landscape.

•

Any inconsistencies between this section and sight distance safety provisions, the latter will prevail.

Piers with landscaping

Design Objectives

Design Requirements

•

The design of fences and walls is to:

•

•

To establish a clear delineation between public and private space whilst ensuring appropriate visual amenity (where fences abut a public street or public open space).

To provide visual privacy commensurate with the use and location of private open space (where fences abut a neighbouring property).

To foster an interactive relationship between dwellings, their occupants and adjacent streets (where fences abut a public street or public open space).

•

Clearly define boundaries between private and public spaces.

•

Provide sight lines to the street and public domain to allow passive surveillance and increase safety.

•

Provide for privacy, particularly for rear gardens and courtyards, without impacting on views, outlook, access to light and natural ventilation.

•

Provide an articulated and varied interface with the street.

•

Provide privacy for courtyards within the front setback (refer to "Front Courtyard Fences").

•

To promote casual surveillance of the public realm (where fences abut a public street or public open space).

•

•

To ensure a quality visual appearance for solid form fencing that abuts a public street (where nominated to screen principal private open space).

Provide an address for your home, integrating a letterbox and street number.

•

Incorporate landscaping where possible to soften the fence line and provide privacy where required.

•

To minimise graffiti.

•

•

To ensure adequate sight safety distances.

Avoid creating long stretches of blank spaces that may attract graffiti.

•

Comply with sight distances safety provisions.

•

Ensure front door is visible.

All fencing is to be consistent with Figure 25.

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Fence types as prescribed in Figure 25 and further described in the following sections are mandatory in Shell Cove.

RON COSTELLO OVAL

•

Colours and materials of fencing is to be in accordance with Section 4.6.

•

Front fences can incorporate a low key arbour feature at gate entry.

4

5

6

7

8

9

KEITH HOCKEY OVAL

10

18 16 15 14 13

11 12 20

21

42

Precinct F & G boundaries Detached Lots

NTINE

ROA

DR

D 23

Duplex lots

LAN EWA Y 02

Legend

LANE WAY 01

BRIGA

41

40

22

39

23

38

RO AD 25 24

37

25

36

26

35

27

28

29

30 31

34

32 33

23

17

19

Fence Type 1 is a minimum requirement (shown as ).

Front Fence Type 2 is mandatory where the lot addresses entry streets or public open space (shown as ).

3

23 AD RO

•

PRECINCT E

24

•

Front fences can provide for a unified streetscape and a special character for individual lot frontages. At The Waterfront Shell Cove, front fencing requirements vary depending on the lot address (refer to Figure 25):

AD

•

RO

Front Fences

2

RO AD

1

Lot frontages requiring Fence Type 2 Lot frontages requiring Fence Type 1 or Type 2

FUTURE PRECINCT H

Fence Type 5

Legend Title

Special Fence (and retaining wall where Site boundary required) to be built

by Frasers Property x Australia (Estate Fence Various Types - Subject to DAxfor subdivision)

BOAT HARBOUR

Key corner entry lots

x x

0

10

x

20

40

80

FIGURE 25: Fencing for housing lots

31

4

4

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Fence Type 1

of the street number should be clearly legible against the colour of the pier.

Design requirements •

•

The minimum requirement for all lots (except those where Frasers Property Australia will build the front fence) is to build piers at the corners of the lot frontage and at the edges of the vehicle and pedestrian entry to the lot.

The piers are to be a maximum of 1m high.

The pier located at the vehicle and/ or pedestrian entry is to incorporate the letterbox, street number and if required, lighting. The colour / finish

•

Landscaping is to be incorporated between the piers. You can use stainless steel wire between the piers to support screen planting and / or infill planting to provide definition to the footpath.

– Masonry, rendered bagged or painted piers, with infill timber pickets, metal picket (slats) or stainless steel wire and turnbuckles (refer Figure 27 and Figure 28).

•

Fence Type 2 Design requirements •

Front Fence Type 2 is to be constructed of:

•

Infill picket fences are to be painted in light tone colour or white and can vary in terms of the balance of solid to open, and the style of picket (period detailing to be avoided).

Infill fencing can have intermediate masonry piers or simpler supports / newell posts.

•

Infill elements should maintain a consistent height with the piers, at 1m high.

•

The fence return is to continue along side boundaries to 1m behind the front building facade, then slope or step up to the interlot fence height of 1.8m.

•

Front gates should be constructed as 'infill' fencing.

•

Gates in front of driveways are not permitted.

•

Colorbond or similar metal front fences are not permitted.

Rendered, bagged or painted brick pier

1m Letterbox and street number

DRIVEWAY

1m

13m frontage - Masonry piers & infill picket (can be various types)

Landscaping GARAGE

Piers to be located at block corners and entries

DRIVEWAY DRIVEWAY

PORCH

1m

15m frontage - Stainless steel wires & hedging DRIVEWAY 1m Variable picket designs

FIGURE 26: Fence Type 1 - Piers and infill landscaping

FIGURE 27: Fence Type 2 - Variable picket designs together with entry pier Indicative

17m frontage - Wide pickets & landscape FIGURE 28: Fence Type 2 - Indicative front fencing for 13m, 15m and 17m

frontage lots

32

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Side and Rear Fences - Fence Type 5 Side and rear dividing fences of typical lots are to be: •

Maximum of 1.8m high.

•

Metal Colorbond type in colour 'Riversand'

•

Masonry can be used for courtyards, if desired, and must relate to the materials/colours of the house.

Metal fencing should have a simple profile without decorative trims or lattice.

Special Fence by Frasers Property

Retaining Walls

•

Appropriate height and scale (height to be minimised).

•

Side boundary fences are to start 1m behind the front building facade.

•

Comply with sight distance safety provisions.

•

Side and rear metal fencing is not permitted to any street frontage.

•

Provide passive surveillance via visual permeability where appropriate.

For the majority of lots in Precincts F and G there is only a 0.75 metre or less fall from front to back and a 0.2m crossfall between side boundaries. Given the relatively level nature of the land, only low retaining walls, if any, will be required.

•

Provide privacy to principal private open space where appropriate.

Retaining walls should be:

•

Consistent with and complementary to fencing provisions in these design guidelines.

•

• 1.8m high side and rear fence

•

Side fence to start 1m behind front building line

Complement open space / open space design where interfacing with open space.

•

No higher than 500mm.

•

Considered to be part of the landscape, integrated with other fencing on boundaries.

•

Generally be neutral elements (for example bagged brick, stone boulders or dry stone walls) and associated with planting.

•

Retaining walls forward of the house can be masonry to complement the house design.

Provide appropriate pedestrian gates to the street.

Cribwall or treated pine logs are not acceptable.

1m 4.5m

5.5m

Masonry piers with no infill fence FIGURE 29: Side and rear fencing (with front fence

type 1)

33

4

4

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.9 LANDSCAPE DESIGN FOR LOTS The landscaping of your home will contribute to the quality of the street and integrate your home with the surrounding coastal environment. Innovative low water, native, coastal gardens are encouraged.

A Landscape Concept Plan is required to be submitted to the SCA for approval.

Refer to Appendix B. Landscaping of your front garden is to be completed within 3 months of the practical completion of your home.

Example of Landscape Plan

34

Before, during and after construction of your home, your lot is required to be kept clear of excessive weeds, rubbish and maintained to an acceptable standard.

Design requirements •

Landscape design and materials selection is to suit the coastal conditions, including sun and salt.

Design Objectives

•

Landscape design is to:

•

To contribute positively to the visual quality of the dwelling and streetscape.

– Incorporate water conservation measures and efficient irrigation systems;

•

To minimise water consumption.

•

To maximise functionality and useability of private open space areas.

– Provide for low energy and low chemical use; and – Use compatible materials and colours to complement the home.

Coast Banksia

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

•

Plants should be positioned to provide shade, privacy and to allow access to winter sun.

•

In the order of 50% of the area within the front setback is to be soft landscape. Where a courtyard is proposed a reduction of soft landscaping to 25% may be considered.

•

Landscape design is to include a principal private open space with a minimum area of 24m² that has

Blueberry Ash

Common Corea

access to direct mid-winter sunlight for 3 hours between 9am and 3pm on 50% of the Private Open Space area.

Shadow diagrams are to be submitted demonstrating compliance.

•

•

Refer to Table 1 for other design requirements.

•

Minimum tree planting requirements are:

You should carefully plan the functions required of the front, side and rear garden areas. These may include usable courtyards, decks, BBQ areas, paths, compost to vegetable gardens, garden beds, water features, pool and play equipment.

– Front yard: 2 small to medium shade trees (4-6m mature height).

Composting bins are encouraged to be used to improve the characteristics of the soil.

Garden Planning

– Rear garden: 1 large shade tree (6-10m mature height).

Swan River Daisy

Sago Cycad

Mat Rush

Emphasis should be on indooroutdoor living room connections, view enhancement, and visual screening of service elements.

You should take into account solar orientation, prevailing winds for summer cooling and winter protection, views and any neighbouring influences.

The inclusion of north-facing outdoor terraces/decks/courtyards is encouraged, including those that face the primary street.

Mixed coastal tussock native grasses

35

4

4

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

Species Selection •

•

•

Predominately local indigenous species selection is preferred. As a guideline at least 70% of plants should be indigenous.

Landscaping is to contain plants that require little more water than is naturally available.

Plant species are to be appropriate to the soil conditions and selected to minimise root interference to house footings and services.

Rough Tree Fern

36

•

Paroo Lily

•

•

Landscape design and initial planting should include the provision for growth to maturity of each species.

Consider habitat value of your species selection, native plants attract native fauna, birds, butterflies etc.

Hard and Soft landscaping •

Both hard and soft landscape materials and finishes should be durable in the coastal environment.

•

Landscapes that incorporate coastal elements such as boulders, rocks, gravel, native grasses and dramatic plant associations in simple, strong patterns are preferred.

•

Porous, permeable paving solutions are strongly encouraged to increase water infiltration, reduce runoff and

Refer to the species list provided in Shellharbour City Council's DCP and recommendation from local nurseries.

•

•

allow air and water exchange for root systems of trees. For example, where suitable, use stepping stones in gravel and native grasses rather than a continuous concrete pathway.

Lawn areas should be of a type which has low water demand and high drought tolerance. Lawn areas should not dominate the landscape but be located for specific purpose.

As a guideline, a maximum of 60% of the soft landscape area to be turf (for example, Buffalo species) and 40% planting beds.

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.10 SERVUCE AREAS AND AUXILIARY STRUCTURES Elements such as aerials, solar panels, air conditioners, gas and water meters, storage structures and swimming pools are to be considered as integral parts of the design of your home.

Aerials, Antennae and Satellite Dishes •

Design Objective •

To ensure that utilities, services and auxiliary structures meet occupants' needs without detracting from the visual qualities of the streetscape.

Where television antennae or satellite dishes are required, they are to be located at the rear of dwellings away from public view.

Outbuildings, Storage and Bins • •

Storage should preferably be incorporated into the main dwelling.

Any external 'sheds' or storage areas

Design requirements

Water tank and clothes drying services screened from public view

should be limited to a maximum size of 10m2.

•

Any pool equipment is to be stored out of public view.

•

Garbage bins are to be stored on your property and out of sight / screened from public view.

Solar Water Heaters and Collectors

•

Solar hot water heaters located on the roof should be screened from public view wherever possible. It is desirable that they are integrated with the slope of the roof.

•

Tanks associated with solar hot water systems are not permitted to be located on the roof.

•

In the instance of north facing lots, photovoltaic panels should be integrated into roof design to minimise adverse impacts on the streetscape.

Screening to Services

37

4

4

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.11 BOATS AND CARAVANS Mailboxes •

•

Mailboxes are to be integrated into the front fence masonry pier.

•

Services and Water Tanks •

•

38

Water and gas services, fuel storage tanks, gas, water and electricity meters and rainwater tanks are to be located away from public view.

Where air conditioning is used, all equipment must be located away from public view. Any units should be mounted below 1.8m height on any external wall.

Refuse storage areas, drying areas and clotheslines are to be located away from public view.

Water collection is encouraged and required by BASIX. Above ground tanks that are visible from public view are to be adequately screened and should be similar in colour to the home or be neutral.

Swimming Pools •

Must comply with all relevant Australian standards for fencing and gates.

•

Be in the back garden and setback a minimum of 900mm from the rear and side boundaries to the pool water edge.

•

Satisfy Council requirements.

•

With north-facing lots, a pool may be located in the front or side setback, subject to appropriate landscape treatment to ensure the streetscape is not dominated by blank walls or high fencing.

If and where applicable, the provision for the parking and storage of recreational vehicles such as boats and caravans is to be included in the design of your home to minimise the impacts of vehicles on the streetscape.

Locations and Treatment •

Parking of recreational vehicles (boats, caravans etc) is not permitted to the front of properties.

•

Any enclosure for parking and storage of recreational vehicles is to be provided behind the residence/garage and/or screened from public view.

•

Materials and colours of the enclosure and screening should be consistent with or complement the main dwelling.

•

Only one driveway crossover is permitted and is to be designed in accordance with Shellharbour Council specifications.

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

4.12 SITE MANAGEMENT During the construction of your home your builder is required to minimise and manage waste and soil erosion.

4.13 SIGHT DISTANCE FOR DRIVEWAYS AND FOOTPATHS Design Objectives •

Provide good visibility for both pedestrians and drivers in vicinity of the junction between the driveway/ garage and the footpath.

•

Enable drivers/vehicles entering or exiting the property to see and be seen and heard.

Design requirements •

•

•

A Soil and Erosion Management plan is required as part of your development application.

A Waste Management Plan is required as part of your development application.

Storage of building materials on public domain (such as verges, footpaths or roadways) or neighbouring properties is not permitted.

Footpaths •

•

Footpaths in Precincts F & G are generally 4 metres wide with a 1.2m paved path setback 0.6m from the property boundary.

Laneways generally do not have a formal footpath and will be landscaped accordingly.

Areas to be kept clear is between broken red lines

GARAGE

The objectives can be achieved by ensuring structures/landscaping within the property, structures/landscaping on the footpath and boundary fencing/walls/ gates, do not interfere with a clear line of sight for drivers/vehicles entering or leaving a garage or driveway.

With any inconsistency between this section and other provisions on walls and fences, this section will apply.

Garage Setbacks In Precincts F & G Detached Housing, garage doors are generally setback from the footpath as follows: •

5.5m to primary frontages

•

2m to secondary frontages

An area of land as shown on the figures below is free of any structures, including fencing/walls/gates and landscaping.

5.5m setback from property boundary to garage door

2m 2m

Design Requirements

2m

0.6m verge 1.2m wide paved path Kerb

PRIMARY STREET Garage Setback - Primary Frontage

Garage Setback - Secondary Frontage

39

4

5

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

5. LIVABILITY & SUSTAINABILITY 5.1 LIVABILITY A livable home is designed and built to meet your changing needs throughout your lifetime.

•

Space around your car park to ensure you can open car doors fully and easily move around the vehicle; and

Livable homes include ‘easy living’ features that make them safer, more comfortable and easier to access for everyone, at every stage of life.

•

Stairways designed to reduce the likelihood of injury and also enable future adaptation.

Easy living features include: •

•

A safe, continuous, level and step-free path of travel from the street entrance and/or parking area to your home’s entrance;

Find out more by downloading the free Livable Housing Design Guidelines: www.livablehousingaustralia.org.au/.

5.3 ENERGY EFFICIENCY

Frasers Property Australia and Shellharbour City Council are committed to creating a sustainable community at The Waterfront Shell Cove. Improving the performance of your home through environmentally sustainable design is a major focus of our sustainability approach.

Minimising energy consumption of households is an important contribution to reducing greenhouse emissions that contribute to climate change.

This section articulates specific practices to be adopted in the design and construction of dwellings at The Waterfront Shell Cove to assist you in designing your new sustainable home.

All dwellings are to comply with current standards including BASIX and Nathers.

All owners and builders are encouraged to go beyond the regulatory requirements to increase the sustainability of development at The Waterfront Shell Cove.

At least one step-free entrance into your home;

Direct and level access from street and parking areas (Source: Livable Housing Australia)

40

5.2 SUSTAINABILITY

Photo voltaic energy generation

The energy consumption of households can be reduced though the inclusion of fluorescent or LED lighting, high star rating appliances such as refrigerators and washing machines and the installation of ceiling fans, external clothes lines and skylights.

Maximising natural heating and cooling features of your site and home will reduce the need for mechanical thermal comfort control by air conditioning. It is recognised that there are some conditions when air conditioning and

Integrated solar tiles (Nu-Lok)

Operable timber louvres for sunshading and privacy

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

5.4 PASSIVE SOLAR DESIGN heating may be desirable. Where installed, air conditioning is to be energy efficient. Fan based evaporative cooling and gas heating systems are encouraged.

Use of power generated from renewable sources by installing photo voltaic cells or buying green energy is encouraged.

Design requirements • •

•

Design Objectives •

To minimise energy consumption.

•

To encourage the use of renewable and cleaner energy resources.

Maximising daylight

•

Install energy efficient light fixtures and lamps.

Provide an external clothes drying line (appropriately sited to receive sunlight and away from public view).

Where air conditioners are to be installed homes are encouraged to have an inverter type system with a minimum 6 Star energy rating.

Connect to natural gas. The use of gas-fired heaters is encouraged such as ducted space heaters or solar boosted gas fired hydronic in-floor heating.

Promote indoor / outdoor spaces

In summary, for energy efficiencies, it is suggested that homes have: •

A minimum 1.5kW solar PV system (on the roof).

•

5 star rated instant gas hot water system.

•

Ceiling fans in living and bedrooms.

For more information, go to: www.yourenergysavings.gov.au

Passive solar design allows your home to collect, store and distribute solar energy in winter and protects from solar heat gain during summer.

Passive design responds to the orientation and microclimate of a lot, considers glazing locations and provides for appropriate eaves, awnings and sun shading devices.

Shell Cove experiences a warm humid summer and mild winters. Wherever possible, living areas should be oriented to the north (15º west of north to 30º east of north) with glass and large overhangs to offer protection from summer sun

Metal louvred screens

41

5

5

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

and to allow winter solar gain during the daytime. Large areas of glass facing north-west to west should be avoided to reduce summer heat gain. Bedrooms should face east to south and service rooms west to south.

Openings for cross ventilation and cooling should face north and those to the south of minimum size to allow for natural light and ventilation.

Design requirements

Openings to the east and west should have, both vertical and horizontal, shade devices or adjustable shading.

•

•

Design Objectives

Roofs should have reflective insulation and roof bulk insulation of R3.5 min above the ceiling. External walls should be insulated. Thermal mass, for example

Light coloured roofs to reflect heat

concrete for floors in living rooms to capture winter daytime sun, is an advantage.

•

To create energy efficient dwellings that minimise energy consumption.

•

To maximise the internal comfort of dwellings whilst reducing the need for mechanical climate control.

•

Orient living spaces with large openings to the north where practical.

Design your house so that operable windows and louvres allow for cross ventilation , natural airflow and to take advantage of breezes.

Include sun control devices such as eaves (minimum 450; 600mm encouraged), awnings or shade devices to allow sunlight into the building during winter and to provide shade in summer.

•

Install insulation to walls, ceilings and floor slabs.

•

Consider incorporating thermal mass elements, such as thick internal walls and concrete slabs.

•

Consider incorporating thermal mass in external walls (reverse brick veneer construction).

Solar collectors Effective eaves and sun shades

Insulation to ceilings and walls

Allow for good cross ventilation

Deciduous trees for summer shade and winter sun

Insulation and thermal mass FIGURE 30: Passive solar design principles

42

Effective sunshading devices

Operable shutters for cross ventilation Generous eaves for sun protection

DESIGN GUIDELINES FOR DETACHED HOUSING · PRECINCTS F AND G

5.5 WATER CONSERVATION Reducing the water consumption of your home will contribute to the protection of our natural water resources.

•

Provide for rainwater capture and reuse.

•

On site collection and reuse of water for landscape irrigation, toilet flushing and washing machines is encouraged.

Design Objectives •

To minimise water consumption.

•

To facilitate the efficient use of water resources.

Design requirements

In summary, for water conservation, it is suggested that homes:

•

•

Provide a 5000L water storage tank.

•

Provide 4 star taps and toilets.

Specify and install appliances and plumbing fixtures of the highest relevant rating. Dual flush toilet systems or better to be used.

5.6 WASTE

5.7 MATERIALS

Well designed waste collection strategies will facilitate recycling and reduce the amount of waste going to landfill.

The selection of sustainable materials can reduce the environmental impact of your home.

Design Objective

Design Objective

•

•

Design requirements •

Design homes to minimise waste of materials in construction.

•

Design kitchens with space for recycled waste and compost bins.

•

Provide correctly sized and suitable facilities to enable the easy collection, storage and disposal of recycling and segregated waste.

•

Provide suitable facilities for composting and reuse of green wastes in the garden.

•

Screened refuse storage

Permeable surfaces to gardens encouraged

Recycled brick paving (Recycled brick Pty Ltd)

To reduce waste and landfill during construction and ongoing occupation of dwellings.

Locate waste storage and collection areas in an on-site location that is unobtrusive, avoids odour and noise, and mitigates any adverse impacts on neighbouring properties.

To encourage the use of renewable low impact materials in the construction of dwellings.

Design requirements •

The use of recycled building materials is encouraged.

•

The use of low embodied energy materials is encouraged. The adoption of techniques that reduce the amount of material used for construction, the environmental impact of the selected construction materials, and the efficient use of those materials is encouraged.

•

The use of materials with low Global Warming and Ozone depleting potential is encouraged.

•

Consider the life cycle of materials, manufacture, maintenance and disposal.

•

Where concrete is to be used consider a 'Green Concrete', which is a green 3 star rated product and contains up to 60% recycled content.

43

5

APPENDIX A – DESIGN APPROVAL APPLICATION FORM Please complete this form and provide with the submission to the Shell Cove Architect as follows: •

One soft copy is to emailed to info@shellcove.com.au

3. Architect or Designer (if different from builder) Name:

_____________________________________________

Address: _____________________________________________ 1. Owner Details Name:

_____________________________________________

Contact Numbers Home:

________________________

Address: _____________________________________________

Mobile: ________________________

Contact Numbers

Fax:

________________________

Home:

Email:

_____________________________________________

________________________

Mobile: ________________________ Fax:

________________________

Email:

_____________________________________________

4. Lot Details and Site Information Precincts F and G

Lot Number ____________

Allotment Area ________________________________________ 2. Builder Details Name:

_____________________________________________

Address: _____________________________________________

Ground Floor Area _____________________________________ (Ground floor including porches, verandahs, garage area)

Upper Floor Area (excluding balcony) _________________________ Site Coverage ________________________________________

Contact Numbers Home:

(As a % of the allotment area, refer to definition for 'site coverage' on page 50)

________________________

Mobile: ________________________ Fax:

________________________

Email:

_____________________________________________

5. Signature:  OWNER  BUILDER  AGENT (tick one) Signed: ________________________ Date: _______________ Disclaimer: Frasers Property Australia will endeavour to process your application within ten working days. Incomplete applications or those requiring amendment may take longer to process and resolve.

44

A

For approval by Frasers Property Australia (Shell Cove Architect) prior to submission of a Development Application (DA) or a Complying Development Certificate Application.

6A

B

APPENDIX B – APPLICANT HOME DESIGN PACKAGE CHECKLIST FOR THE SHELL COVE ARCHITECT (SCA) SUBMISSION

1. Site Analysis (1:200) House design and lot layout to be site responsive - consider:

2. Site Plan (1:200) Including:



Dimensions and areas of proposed building structures



Setbacks to all boundaries and private open space dimensions

3. Floor plans, roof plan and elevations (1:100) Including:

Including:



Internal floor plan layout including rooms, balconies, verandahs, decks, windows, door openings and dimensions.



Building materials and finishes proposed for external walls, roofing, pathways, driveways, fencing and retaining walls



Colour schedule for external walls, roofing, pathways, driveways and fencing



Slope



Vehicular and Pedestrian Access



Neighbour Amenity



Views



Proposed finished floor levels





Solar Access/Orientation





Breezes

Contours, original and proposed finished ground levels, including changes in level

Elevations from four sides, indicating proposed building height and fencing details.





Location of Services

Roof form and pitch, showing dimensioned eaves and overhangs.





Allotment boundaries, dimensions, areas and north point Driveways, parking areas, all hard stand surfaces (including paving and pool)



Details of any proposed retaining walls



Open space calculations



Locations of all ancillary areas and structures, including refuse areas, storage, rainwater tanks, clothes drying etc.

4. Material and colour schedule

  



Sections Any outbuildings Landscape Plan (1:200), including:

– – – – –

Existing street trees

–

Fences and gates (elevations required)

– –

Number and types of plants

Note: A BASIX Certificate is not required for submissions to the SCA. However, a BASIX Certificate will be required for Development Applications to Council and / or submissions to other Principal Certifying Authorities.

External features e.g. tanks Paved areas Turf and mulched areas Retaining walls (elevations required)

Shadow diagrams

3D Perspective (in colour) for key corner lots 45

C

Building Height

Maximum Site Coverage

Car Space Provision

Minimum Setbacks:

Corner Lots:

• Front – Primary (4.5m)

• Address primary and secondary streets

– Secondary (2.5m)

• Design to address the corner

• To Garage (1m behind main facade)

• Vehicular access

• Side (Ground & Upper 1.2m)

Sloping Sites:

• Rear (Ground 3m, Upper 6m)

• Design to respond to topography and incorporate slope in the house design

• Zero lot lined building (where permissible) • Articulation Zone (2.5m front, 1.5m side) Solar Access: Site & Landscape: • Site coverage (60-65%) • Landscaped area (10-15%) Private Open Space (POS): • Total Private Open Space (min. 40m2) • Principal POS (min 24m2 dim 4m) • POS in front & rear setback (min dim 3m) • POS on front Balcony (min dim 2.5m)

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• Cut and fill / retaining walls no higher than 500mm • Landscape terracing & rear retaining walls (min 3m from rear boundary) • Finished floor level (max. 500mm above natural ground)

Facades / Street Frontage: • Contemporary coastal character • External Materials: – 50% lightweight material – Articulated facades – Masonry base • Verandahs, Balconies and Balustrades: – Verandah / front porch 30-50% width of facade (encouraged) • ESD – Operable screens/louvres – Protective eaves (min. eaves 450mm, 600mm encouraged) Building Entry: • Verandah / front porch / covered area over entrance • Visible / safe entry • Contemporary front door (opening minimum 850mm for wheelchairs) • Entry pier / street no. address • Surveillance to street(s)

Requires additional information

Section 4 – Building Design, Architectural and Landscape Character (Refer to pages 20-39)

Complies with guidelines

Requires additional information

Section Section33(continued) – Lot Type and Site Planning for Detached Housing (Refer to pages 8-14)

Complies with guidelines

Building Siting and Orientation

Requires additional information

Section 3 – Lot Type and Site Planning for Detached Housing (Refer to pages 7-19)

Complies with guidelines

APPENDIX C – KEY OBJECTIVES AND MANDATORY CRITERIA CHECKLIST (BY SCA)

Important Corners:

• Sunshade devices materials & colours

• Two storey building elements

• Fences materials & colours

• Courtyard Fencing (where appropriate)

• Design to address primary and secondary streets & the corner

• Garage doors materials & colours

• Corner Lot & Fencing to secondary street

Garages and Driveways:

• Front driveway / pavement materials & colours

• Side and rear / Interlot Fencing

• Setback from building facade (1m) • Garage opening (maximum 6m) • Garage / parking from secondary street (where appropriate) • Garage / parking (min dimensions)

Details: – Sun shading devices (eaves / screens / shades)

– Fence Type 2 (where mandatory)

• Retaining Walls • Driveway sight distance safety Landscape Design:

– Integrated gutters and downpipes

• Suitable for coastal conditions

– Openings (vertical proportions)

• Designed for low water, energy and chemical usage

Roof Design:

Walls and Fences:

• Simple, articulated forms

• Open varied streetscape

• Compatible with / complement main dwelling

• Roof pitch

• Consistent and quality design

• Soft landscape in front setback (50%)

• Light colour, not highly reflective or dark

• Privacy

• Solar access to principle POS

• Integrated service elements (skylights solar cells etc)

• Definition of public private spaces

• Tree planting (min quantities and sizes)

• Casual surveillance

• Species selection

Exterior Design Palette: • Wall material & colours • Roof, gutters and downpipe materials & colours • Window and louvres materials & colours

• Front Fences: – Piers & Landscaping (at corners and entry)

Requires additional information

Section 44 (continued) Section – Building Design, Architectural and Landscape Character (Refer to pages 20-39)

Complies with guidelines

Requires additional information

Section 44 (continued) Section – Building Design, Architectural and Landscape Character (Refer to pages 20-39)

Complies with guidelines

Requires additional information

Section Section 44 (continued) – Building Design, Architectural and Landscape Character (Refer to pages 20-39)

Complies with guidelines

C

– Minimum 70% native plant species – Suitable for soil type, climate & habitat

– Letterbox, street number (and lighting) – Fence height and design

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Section 5 – Livability & Sustainability (Refer to pages 40-43)

Requires additional information

Section Section44(continued) – Building Design, Architectural and Landscape Character (Refer to pages 20-39)

Requires additional information

APPENDIX D – REFERENCES AND RESOURCES

Some useful references are set out below

•

Housing for Life, Master Builders Association of ACT, 2001

Livability

•

Sustainability - BASIX and Nathers compliance

Australian Network for Universal Housing Design www. anuhd.org

•

Nabers Home www.nabers.gov.au

Energy Efficiency

•

Green Building Council Australia www.gbca.org.au/

Passive Solar Design

•

One Planet Living www.oneplanetliving.net

Water Conservation

• Solar water heaters and Collectors

•

International living future institute, www.ilbi.org

Waste

• Mailboxes

•

Passivhaus www.passivhaus.org.uk/

Materials

•

Think Brick 'Climate Design Wizard' www.designingforclimate.com.au/

•

Your Energy Savings http://www.yourenergysavings. gov.au/

• Boat / Trailer storage

•

Your Home Design Guide www.yourhome.gov.au

Site Management

•

Liveable Housing Australia www.livablehousingaustralia.org.au/

• Hard and soft landscaping (for soft landscaping min 60% turf & 40% planting bed Service Areas and Auxillary Structures: • Aerials, antennae and satellite dishes • Outbuildings, storage and bins

• Services and Water Tanks • Swimming pools

Complies with guidelines

Residential Housing Code, NSW Department of Planning

Complies with guidelines

•

Boats and Caravans:

48

D

E

APPENDIX E – GLOSSARY OF TERMS

The following definitions apply to the terms used in these Design Guidelines: Ancillary structures are external building attachments, such as satellite dishes, rainwater tanks, air conditioning systems, aerials, clothes lines and hot water storage tanks.

Building line means the line of an existing or proposed external wall or roof edge of a building (other than a wall or roof of any building element within an articulation zone), or the outside face of any existing or proposed ancillary development, closest to a boundary of a lot.

Articulation zone means an area within a lot within which building elements are or may be located. The articulation setback area from a primary road is measured horizontally for a distance of 1.5m from the foremost edge of the building line.

Character means an expression of qualities which distinguish one locality from another. The character of one place is differentiated from another by features such as shape and slope of the land; tree canopy; views; building size and style and streetscape scale.

Building height (or height of building)

Construction Management Plan is a document which details site maintenance and management actions; risks; preventative measures and response actions to accidents and damage to the site during construction.

It consists of requirements for Training and Awareness; Erosion and Sediment Control; Waste Management; Risk Assessment and Management; Site Footprint Controls and Noise Control.

(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or (b) in relation to the RL of a building— the vertical distance from the Australian Height Datum to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

Note – ground level (existing) means the ground level indicated on the plans approved under the relevant subdivision development approval.

Courtyard is an outdoor space, integrated with your building design, which is intended to provide additional privacy; a place to grow a garden containing exotic/invasive vegetation; and a space for pet containment.

Detached, in relation to a building or structure that is complying development, means more than 900mm from another building or structure.

Duplex means the same as a 'Dual occupancy' as defined under the Shellharbour Local Environmental Plan 2013.

A 'Duplex', as defined by these Design Guidelines and/or a 'Dual occupancy' as defined under the Shellharbour Local Environmental Plan 2013 require contributions under Section 7.11 (formerly s94) of the Environmental Planning and Assessment Act 1979 for each single dwelling.

Dwelling means a building containing one dwelling, an attached dwelling or a semi-detached dwelling, but does not include any part of the building that is ancillary development or exempt development.

Garden means all outdoor areas (not including a courtyard), not occupied by a building. A garden would consist of a range of native plants selected from the list of endemic species in the vegetation associated for your lot (found on your site analysis plan).

Ground level is the level of the land surface before development is carried out, measured in Australian Height Datum (AHD).

Habitable room is a room, other than a bathroom, laundry, garage, water closet or the like, that is designed, constructed or adapted for the activities normally associated with domestic living.

Home is a collection of buildings and structures on a lot, including the primary dwelling and associated out buildings such as garages, sheds and studios.

Lightweight external building materials are cladding material and small section supporting posts and frames which give the external appearance of the relaxed character of the Shellharbour area (e.g. weatherboard, timber, corrugated iron, ply-wood etc.)

Living area is a term describing internal space used for domestic activities (e.g. lounge, family and dining rooms), excluding non-habitable rooms and bedrooms.

49

E Out buildings are any detached buildings or structures such as studios, cubby houses, tool sheds and the like.

adjacent streets, the road that is not the primary street. In the case of a lot with frontages at both ends, it is the road that is not the primary street.

d) the eaves,

Primary street means the street to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.

Setback means the horizontal distance between the relevant boundary of the lot and the building line.

g) a fence or screen,

Private open space is an area of land, balcony or roof terrace suitable for private outdoor living.

Setback area means the area between the building line and the relevant boundary of the lot.

i) a rainwater tank that is attached to the dwelling house,

Public view means views from the public domain, such as roads, pathways and walking tracks, foreshore reserves, open space corridors and parks.

Site analysis is a process of identifying and analysing key features of the site and immediate surroundings to assist in understanding how future homes will relate to your lot; neighbouring lots and The Waterfront Shell Cove neighbourhood.

Secondary dwelling is defined as per the Shellharbour Local Environmental Plan 2013.

Site coverage, does not include:

A 'Secondary dwelling' requires additional contributions in accordance with Section 7.11 (formerly s94) of the Environmental Planning and Assessment Act 1979.

a) an access ramp,

Refer to the definition for 'Secondary dwelling' under the Shellharbour Local Environmental Plan 2013.

c) a balcony, deck, patio, pergola, terrace or verandah attached to the dwelling house that is not enclosed by a wall higher than 1.4m above the floor level,

Secondary street means, in the case of a corner lot that has boundaries with

50

b) any part of an awning, blind or canopy that is outside the outer wall of a building,

e) a driveway, f) minor storage buildings,

h) a pathway or paving,

j) a swimming pool or spa pool.

Waste Management Plan is an integral component of the Construction Management Plan dealing with the processing of waste during construction, and nominating you as being responsible for management.

F

APPENDIX F – THE WATERFRONT SHELL COVE HOUSE DESIGN, SUSTAINABILITY AND LANDSCAPE REBATE

As part of your purchase at The Waterfront Shell Cove, you will have received a copy of The Waterfront Shell Cove Design Guidelines for Detached Housing – Precincts F and G. Every home is required to comply with these Guidelines.

To encourage you to complete your home and landscape in accordance with the Design Guidelines and your SCA approved plans, Frasers Property Australia offers a $20,000 Design and Landscape Rebate.

This rebate applies to single dwelling homes and does not apply to duplex housing where more than one residence is constructed on a nominated duplex lot.

To claim your rebate, simply meet the following requirements within 24 months from the settlement of the land purchase: •

Meet the Conditions of the Contract for Sale of Land from Shellharbour City Council;

•

Comply with the requirements and intent of the Design Guidelines; and

•

Build your new home and garden in accordance with the designs that have been approved by both the SCA and Shellharbour City Council.

When you are ready to apply for your rebate, please complete the application form and send to: Shell Cove Architect c/o Shell Cove Sales & Information Centre PO Box 4148 Shellharbour NSW 2529

The SCA will then arrange to visit your home and garden. If your home and garden does not comply with the rebate requirements, the SCA will contact you to provide advice for improvement.

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APPENDIX F – THE WATERFRONT SHELL COVE HOUSE DESIGN, SUSTAINABILITY AND LANDSCAPE REBATE APPLICATION FORM

1. Application Details

2. Purchase and Approval Details

Lot No.: ___________ Street No.: _______________________

Settlement of land purchase contract

Street Name: _________________________________________

Plans approved by Shell Cove Architect Date: ______________

Suburb: _____________________________________________

Plans approved by Shellharbour City Council

Name:

_____________________________________________

Date: ______________

Date: ______________

Current Postal Address: _____________________________________________

3. Checklist

_____________________________________________



House is completed in accordance with the stamped drawings



Landscaping is completed in accordance with the stamped landscape plan



Sustainability requirements are in accordance with the BASIX compliance certificate or better

Phone: Home:

________________________

Mobile: ________________________ Fax:

________________________

Email:

_____________________________________________

I / We have now completed our home and landscape in accordance with the plans approved by the Shell Cove Architect and would like to claim $20,000 House Design, Sustainability and Landscape Rebate.

Signed: ________________________ Date: _______________

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F

G

APPENDIX G – THE WATERFRONT SHELL COVE COLOUR PALETTE BODY COLOURS · RENDERED OR BAGGED MASONRY

BODY COLOURS · FACE BRICK

A “coastal” palette of colours related to the landscape has been selected for use on the main walls or “body” of the home – on bagged or rendered brickwork and painted lightweight materials such as weatherboards, CFC panels, metal and so on. Natural stains can be used on timberwork or plywood panels to express the natural qualities of the material.

There are a number of brick manufacturers and ranges to select from and these are subject to change.

Wattyl

Face brickwork will be permitted where the brick is of a single colour, smooth face and within the general coastal colour range indicated in these Guidelines. Rustic, rubbled, sandstone, fritted, textured or multi-coloured bricks will not be permitted. “Colourbrick” (Austral) is similar to a bagged brickwork finish and is permitted.

Preferred ranges and colours include:

Moody White

Astor White Taubmans

Flokati

Icing White

Sateen Snow

Strauss White

Kosciusko Pebble

Snowdonia

Autumn Bushland

Castle Grey

Dulux

Austral: •

Ultra Smooth

Tempo, Lush and Chill

•

Whitsunday

Hayman, Keswick and Brampton

•

Symmetry

Stone and Portland

•

Urban One

Silver, Almond

•

Colourbrick Coastal

Beach, Foreshore, Marina, Wave, Kiosk and Island

PGH: Pebble Bay

Antique White U.S.A.

China White

Handmade Hand made Linen Linen Quarter Quarter Quart er

Surfmist

Weathered Stone

Hog Bristle

Ecru Half

Medlar

Miller Mood

Silver Blaze

Sideshow

Limed White

Oyster Linen

Dieskau

Smokey Pearl

Self Destruct

Dune

Stone

Stepney

•

Smooth

Harvest Cream, Cashmere, Smoke, Volcanic

• •

Dry Pressed Composite

Wolverton Cream, Hawkesbury Bronze, Valley Grey Pebble, Charcoal, Aluminium, Urban Blue

•

Velour

Crevole, Mild Steel, Volcanic

Note: The colours, materials and finishes shown in these Guidelines have been reproduced to represent actual product colours as accurately as possible. However, we recommend checking your chosen colour, material or finish against an actual sample of the product before purchasing. If you are printing this page, the colours will not be accurate using most printers and should not be used for colour matching purposes.

53

G BODY COLOURS · FACE BRICK PGH - Dry Pressed and Dry Pressed Linear

Austral - Ultra Smooth

Tempo

Lush

Chill

Wolverton Cream

Hawkesbury Bronze

PGH - Smooth

Megalong Valley Grey

Harvest Cream

Cashmere

Smoke

PGH - Composite

Austral - Colourbrick Coastal

Volcanic

Beach

Foreshore

Wave

Kiosk

Marina

Pebble

Charcoal

Alumin Alu Aluminium minium ium

Sea Salt

Urban Blue

Austral - Whitsunday

PGH - Seascape (glazed)

PGH - Alfresco Dusk

Hayman

Keswick

Austral - Symmetry

Stone

54

Truffle

Cocoa

PGH - Palazzo

Portland

Crema

Camello Camell Cam ello o

Sorbetto Sor Sorbet betto to

Mild Steel

Volcanic

PGH - Velour

Austral - Urban One

Almond

Brampton

Silver

Crevole

Pumice

Lagoon

G ACCENTS

ROOF

TRIM

Accents are strong, highlight colours to important elements such as doors, shutters and sun shades, gables and bladewalls or courtyard walls, and include deep blues, blue greys, greens, sand, ochre and rust.

Relatively light to mid-tone and neutral roof colours are preferred to provide better energy outcomes and to not be the dominant element in the streetscape.

Trims can often be white or off-white to provide a coastal/boathouse character, e.g. to window surrounds, timber columns or fascias, or conversely a stronger colour than the main walls.

Wattyl

Stormy

Gravel Chip A38W

Sheer Granite

The preferred Colorbond colours are Bushland, Windspray, Dune, Shale Grey, Evening Haze and Surfmist.

In order for any alternative roof material to be approved, it should be of a similar colour to the above.

Astor White

Pebble Bay

Flat profile tiles such as Boral “Terracotta Shingle” in colour “Mineral” or flat concrete tiles such as Monier “Nullarbor” or “Horizon” would be acceptable.

Antique White U.S.A.

Dovetail

Mantra Taubmans

Dallas Gold

NATURAL MATERIALS

Colorbond

Ruby Rose

Deep Water

Surfmist

Shale Grey

Windspray

External materials that weather naturally can contribute to the coastal character and include weatherboard, timber sheeting, plywood and corrugated iron.

Various oils and stains can also be used to enhance the natural qualities of timber.

Dulux

Evening Haze Bee Hall

Temptress

Forest Blues

Timeless Grey

Xena

Namadji

Dune

Bushland

Wattyl Weathergard Stains

New Snow Gum

Mountain Ash

Western Cedar

Silver Birch

Weathered Cedar

New Jarrah

55

G COASTAL COLOUR COMBINATIONS

Shale Grey

Surfmist

Mantra

Stormy

Shale Grey

Shale Grey

Castle Grey

Windspray

Icing White

Strauss White

Dune

Sateen Snow

Snowdonia

Astor White

Flokati

Gravel Chip

Autumn Bushland

Dune

(Images and colour combinations sourced from Wattyl http://www.wattyl.com.au/system/galleries/download/pdf/Exterior_Colour_Schemes.pdf)

56

Please note that whilst all care has been taken to ensure the contents of this document is correct, the information is to be used as a guide only. Purchasers must rely on their own enquiries and the Contract of Sale. Current as at August 2019.

www.thewaterfrontshellcove.com.au 13 38 38