The residential lots created in Devon Park have been developed to provide a unique living environment, enhancing and emphasising quality landscaping to provide an attractive living space for residents and maintain their investment in a residential subdivision that will be enhanced as the area matures.
It is therefore necessary and desirable that prudent supervision, control and the setting of acceptable standards by the Vendor is established at the commencement of the subdivision for the protection of all subsequent Purchasers, and to maintain a parameter upon which Purchasers may rely on in the future for orderly development of the subdivision, to enhance the residential environment that is being established.
These Covenants are designed to realise these objectives for the benefit of all Purchasers.
Please note this explanatory note does not form part of the Covenants.
1. The Purchaser and their successors in title shall not:
1.1 Erect or permit to be erected or placed on the land any dwelling house:
a. having a floor area of less than 130m2 (including garage):
- if the Purchaser requires to erect a dwelling house of less than 130m² (including garage), or a garage that does not comply with Clause 1.4, the Purchaser shall obtain the Vendor’s written consent.
Prior to any consent being granted, the Purchaser shall:
- provide a site plan, elevation, floor plan, fencing and landscaping details;
- prepay an approval application fee of $200 plus GST;
- not commence any building on the land until such written consent is granted;
- the Vendor reserves its rights to grant any dispensation as it deems fit.
1.2 Erect or permit to be erected or placed on the land any accessory building, carport, decking or roof overhang which is not architecturally integrated with the design of the dwelling house on the land.
1.3 Erect or permit to be erected or placed on the land any attachment to the dwelling house and/or garage on the land (including but not necessarily limited to television aerials, solar hot water panels and radio masts), which is not constructed or erected in such a way as to be architecturally integrated with the design of such buildings, and not highly visible from any road, thoroughfare or reserve.
1.4 Erect or permit to be erected or placed on the land a garaging facility that:
a. Has a floor area less than 30m2; and
b. Is not attached to the main dwelling house and included in the same roof construction without having obtained the written approval of the Vendor as provided for in Clause 1.1 (a).
1.5 Erect or permit to be erected on the land any building in other than new materials (except recycled bricks which may be used for exterior cladding), or a flat pack house subject to:
a. If a purchaser desired to utilise a "flat pack" house processed from the Christchurch earthquake, the purchaser shall:
- provide full plans, specifications, colour schemes, and landscaping details
- a certificate from a suitably qualified architect and/or architectural draughtsman certifying that the house will be developed and be compatible with a new housing estate typical of Rolleston
- provide a schedule of exterior claddings which shall be new materials
- enter into a cash bond of 10% of the completed dwelling's value to be paid to the Vendor or stakeholder until a Code of Compliance is issued by the Selwyn District Council until the Vendor is comletely satisfied as to the completeness of the total property (including landscaping)
- the Vendor shall at its absolute discretion agree or not agree to any proposal in writing
- meet all costs of the Vendor in approval such proposal
1.6 Construct any building on the land with an exterior cladding other than clay brick, recycled brick, concrete brick, block or split stone, natural stone, stained or painted timber, weatherboarding, painted concrete block masonry, stucco, solid plaster or glazing or any combination thereof.
1.7 Use as a roofing material any material other than tiles (clay, ceramic, concrete, decramastic, pre-coated pressed steel) cedar, slate or bitumenous shingles or painted long-run pressed steel.
1.8 Erect or permit to be erected on the land any building unless the plans (including site plans, specifications, landscaping and fencing) have first been approved by the Vendor. Sole discretion lies with the Vendor in approving the plans, specifications, landscaping and fencing. An approval fee of $200 plus GST shall be paid upon application for such approval.
1.9 Leave the outside of any dwellinghouse unfinished or any exterior walls or doors unpainted or unstained except where cedar cladding or decorative brick/stone are used.
1.10 Erect or permit to be erected on the land any fence or boundary wall:
- Greater in height than 1.8 metres above natural ground level
- Containing cement boards, sheets of panels, corrugated iron or metal sheathing
- On any side boundary greater in height than 1.2 metres above natural ground level within 3 metres of any road boundary
- On a road boundary without the prior written consent of the Vendor
1.11 Erect or permit to be erected on the land any fence fronting a road boundary constructed of rough-sawn palings.
1.12 Occupy or allow to be occupied any residence on the land before a Code Compliance Certificate has been issued by the Selwyn District Council in respect of that residence.
1.13 Cause or allow any building material, packaging, or debris to litter the land or any adjoining land during the construction phase.
1.14 Allow any dog or other pet to be kept in or about the land which dog or other pet is likely to cause a nuisance or annoyance to other neighbouring occupiers or detract from the subdivision. The keeping of pigeons is expressly prohibited.
1.15 Erect any relocatable or previously occupied house except as provided for in Clause 1.5 herein.
1.16 Call upon any neighbouring owner whose land is equal to or exceeds 0.5 hectares in area to pay for or contribute towards the cost of erection or maintenance of any residential style boundary fence between the land and such adjoining land.
1.17 Refuse to reimburse the adjoining owner 50% of the actual and reasonable cost of any side or rear boundary fence that has been erected by the adjoining owner and paid for in full by such adjoining owner prior to the Purchaser completing the purchase. The Vendor is of the opinion that the average cost of a standard paling fence as at the date hereof is approximately $65 per linear metre inclusive of GST. A Fencing Act Covenant will apply in favour of the Vendor.
1.18 Vehicle Access Crossing
Commence construction until a Vehicle Crossing of no more than four metres width has been installed in a position approved by the Vendor, the kerb cut down at the crossing and the driveway from the road to the Property formed and suitably based. The Purchaser shall not make any use of the adjoining Property (whether occupied or not) any berms (except at designated crossings) or footpaths for construction work or for access by vehicles.
1.19 Health & Safety Requirements
Permit any construction unless the building site complies with the requirements of the Health & Safety in Employment Act 1992 at all times.
1.20 Delivery of Materials
Undertake or permit during the course of construction, the loading, unloading, delivery, or storage of building materials other than within the boundaries of the Property.
1.21 Building Rubbish
Carry out any construction unless an adequate rubbish skip is present at all times (and regularly emptied or replaced), nor allow during the course of construction, any rubbish to blow outside the boundaries of the Property.
1.22 Portable Toilet Facility
Permit the Purchaser's workers or contractors to use the property or anyother area on the Plan for toileting purposes. Prior to construction commencing, the Purchaser shall provide a suitable toileting facility for use by the Purchaser's construction workers and contractors.
2. If there should be any breach or any non observance of any of the foregoing Covenants and without prejudice to any other liability which the Purchaser may have to any person having the benefit of this covenant, the Purchaser will upon written demand being made by the Vendor or any of the registered proprietors of the lots having the benefit of the Covenants:
- Remove or cause to be removed from the land any dwelling house, garage, building, fence or other structure erected or placed on the land in breach or non-observance of the foregoing Covenants.
- Replace any building materials used in breach or non-observance of the foregoing Covenants so as to comply with these Covenants.
- Be liable upon demand by the Vendor to pay the sum of $500 per day from the date of notification of such non-compliance to the Vendor until the non-compliance is satisfied in terms of these Covenants.
3. The Purchaser shall comply with the By-Laws attached to the Sale & Purchase Agreement with the Vendor and as set out in Clause (6) of the Further Terms of Sale contained in that Agreement. Non-compliance of the By-Laws shall be considered to be a breach of these Covenants and Clause (2) herein shall apply.
4. The Purchasers and their succession in title shall indemnify the Vendor from any liability whatsoever from any party breaching any of these Covenants.
5. These Covenants shall have effect up until 31 March 2017 and thereafter shall have no effect.
6. Lots 1, 136 & 137 shall erect a fence (at their expense) on the lot's eastern boundary which is of an open metal design, similar to that erected on the northern boundary of Lots 116 inclusive, of the "Plan".
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