SPECIAL CONDITIONS
STAGE 7b Covenants (Lots 732 - 828 inclusive)
1. 1.Building Covenant
1.1 The purchaser acknowledges and agrees with the vendor that it is desirable to establish the Aidanfield subdivision as a modern and well designed subdivision and that it is desirable that control be exercised by the vendor for the protection of and for the interests of all purchasers in relation to the type and nature of construction that will be permitted in the subdivision. In recognition of these objectives the purchaser for himself and his successors in title hereby covenants with and for the benefit of the vendor its successors in title and the registered proprietors for the time being of all lots described in the first schedule (“the lots”) for the purposes of creating a building scheme for the benefit of all the lots to take effect from the date of signing of this agreement and continuing thereafter until the 31st day of March 2015 after which date this covenant shall be of no further effect:
Notes:
- A global resource consent (RMA 92015247) applies in respect of development setbacks from waterways (including swales) in reserve areas adjacent to Lots 745 to 754 inclusive and 767, 768, 776, 789, 795, 796 and 808.
- The reserve at the northern end of McMahon Drive is a possible future access road to Curletts Reserve (Canterbury Park) and is a Christchurch City Council requirement.
- Lot 812 at 90 McMahon Drive is a possible future access to the St John of God land adjoining.
The purchaser covenants as follows:
(a) (i) in respect of Lots 732, 733, 734, 735, 736, 737, 824, 825, 826, 827 and 828 – not to erect on the land any dwelling except a single dwelling house of not less than 180m2 in gross floor area including garages but excluding verandahs, decks, patios and outbuildings and any minor household units.
(ii) in respect of every other lot not to erect on the land any dwelling except a single dwelling house of not less than 180m2 in gross floor area including garages but excluding verandahs, decks, patios and outbuildings and any minor household units, or, where permitted by the Christchurch City Council, multiple dwelling units of not less than 150m² each in gross floor area including garages but excluding verandahs, decks, patios and outbuildings and any minor household units.
(iii) not to erect a dwelling house (or unit where consistent with (ii) above) of less than two levels on Lots 748, 777, 785, 789, 801, 811, 817 and 828.
N.B. Any level built above the ground floor level, which contains living accommodation, will be deemed to be a second level.
(b) to construct any dwelling house (including the garage or other structure) consisting of any of the following materials: kiln fired brick, recycled brick, concrete brick, concrete blocks, plastered textured finish, stone, timber or prefinished metal weatherboard bonded to solid timber boards (i.e., Lockwood type construction). Any dwelling house with an exterior finish in the form of flat cladding, poured concrete or similar shall have the surface textured in such manner as to fully cover the base material;
(c) to use only such roofing materials that have a tile profile or incorporate wood, fibre cement, glass fibre, slate products by way of roofing shingles, corrugated iron or profile steel for all roofing other than flat roofs;
(d) not to erect:
- on any lot boundary a fence constructed of corrugated iron, coloursteel or similar product, wire mesh, wire or cemented board sheeting;
- n any road frontage any fence constructed of corrugated iron, coloursteel or similar product, wire mesh, wire or cemented board sheeting, or wooden palings;
In addition all fences must comply with the provisions of clause (m) herein;
(e) not to place, erect or install on the land any form of temporary accommodation (e.g., caravan) other than a builders shed for the purpose of the builders usual day to day use. Such shed to be removed upon completion of the dwelling house and in all respects shall not remain on the land prior to issue of the building consent for any period greater than six months;
(f) not to permit or allow the land to be occupied or used as a residence either by the erection of temporary structures or placing thereon of vehicles used for human habitation and to use the land for residential purposes only after the dwelling house has been substantially completed in accordance with the plans and specifications referred to in sub-clause 1.2 herein and the buildings meet the requirements of the local authority;
(g) not to permit or suffer any rubbish to accumulate or be placed on the land or permit any excessive growth of grass so that the same exceeds 150mm in height or otherwise becomes unsightly;
(h) to complete the landscaping of the land within six months of completion of construction or occupation of the dwelling house(s) whichever is the earlier by providing lawns and/or paving and trees, shrubs, flowers or any two or more of these and a driveway or vehicle access in a permanent continuous surface of concrete, brick paving, tar sealing or similar;
(i) not to damage footpaths and berms and in order to avoid any damage to nominate the position of any future driveways prior to the commencement of the construction to ensure that vehicular movement on the section is confined to that one particular driveway during the construction period, such driveway to be no more than 4 metres in width. The purchaser shall be responsible for the repair of any damage caused by the purchaser or his employees or contractors, to the footpaths and berms at the purchaser’s expense.
(j) not to permit or suffer any building in the course of construction to be left without substantial work being carried out for a period exceeding three (3) months and to complete construction of any such building within twelve (12) months of the commencement of work.
(k) not to erect or permit on any of the lots any structure or construct, place or permit any caravan, hut, relocated or kitset building or other structure of any kind for permanent or temporary use other than a new dwelling and ancillary buildings built on site to an individual design.
(l) to erect a new letterbox when the dwelling on the land is erected and the letterbox design, colour and cladding shall be consistent with those of the dwelling and/or fence.
(m) not to erect or permit the erection of any fence and/or wall;
- within 2 metres of any boundary of the land adjoining a road to a height of more than 1 metre measured at the property frontage.
- on the side and rear boundaries of the land to a height any greater than 1.8 metres, except where the boundary abuts a reserve and the vendor has or shall erect 1.2 metre high Warner type ornamental fencing – see (n) below.
- on any corner lot other than in compliance with (i) and (ii) unless the design, materials and colour of such fences and plan relating to landscaping of the road frontage has been approved in writing by Aidanfield Holdings Limited or its nominee to ensure that aesthetic standards are maintained.
- any fence other than those complying with (i) and (ii) above unless the design, materials and colour of such fences and plan relating to landscaping of the road frontage has been approved in writing by Aidanfield Holdings Limited or its nominee to ensure that aesthetic standards are maintained.
(n) the vendor shall erect 1.2 metre high Warner type ornamental fencing to the reserve boundaries as shown on the sales plan to Lots 747, 748, 767, 768, 776 – 779 inclusive, 789, 795, 796, 808, to the Right of Way portion of 809, and to part of Lot 828. The purchaser shall not remove such fences and will maintain them in good decorative repair and in the original colour.
(o) the vendor shall provide 1.8 metre high timber fencing to the south-eastern (side and rear) boundaries of Lot 732; to the south-western (rear) boundaries of Lots 733 and 737 – 745 inclusive; to the rear boundaries of Lots 756 – 760 inclusive; to the south-eastern (rear) boundaries of Lots 809 – 828 inclusive; to part of the southern side boundary of Lot 828; to the southern side boundary of Lot 811; and to the northern side boundary of Lot 813. The vendor shall not provide any fencing other than identified above and in clause 1.1 (n) above. See (q) below.
(p) not to permit the placing or erection upon the land of any building previously erected on other land with the exception of a builders shed permitted pursuant to the provisions of clause 1.1 (e) herein.
(q) the vendor shall not be liable to pay for or contribute towards the expense of construction or maintenance of any fence between the land and any contiguous land of the vendor but this proviso shall not ennure for the benefit of any subsequent purchaser or proprietor of the contiguous land.
(r) not to locate or erect satellite dishes or external antennae of any greater size than one metre in diameter, within 7 metres of the road boundary and in any event not in the front yard.
(s) to locate LPG gas cylinders in a place or in a manner so that they are obscured from view from the road frontage.
AND in the event of any dispute which cannot be resolved by agreement between the vendor and the purchaser as to any matter relating to the above mentioned restrictive covenants the same shall be resolved by arbitration under the provisions of the Arbitration Act 1996 or any act passed in substitution or amendment thereof by a single arbitrator appointed for that purpose by the President for the time being of the Canterbury District Law Society and the decision of that arbitrator shall be final and binding on the parties.
1.2 Not to erect or cause to be erected on the land any dwelling house or other permitted building unless the plans for the same (including site plans) for the same have first been submitted to and have been approved in writing by Aidanfield Holdings Limited or its nominee to ensure that aesthetic standards are maintained and these covenants have been observed. In considering such approval Aidanfield Holdings Limited or its nominee shall if it so elects take into account such matters relating to the dwelling house and accessory buildings or other permitted buildings as it in its sole discretion considers appropriate including the following:
(a) Height
(b) Siting on the property
(c) External design (including roofs, fences and screens)
(d) The relevance of the aforementioned height, siting and external design to natural light, view and privacy for adjacent properties
(e) Concept
(f) Architecture
(g) External materials
(h) Colour scheme
If there is any difference or dispute as to the matters to be taken into account in approving the plans (including the site plans) then this shall be referred to the arbitration of the President of the New Zealand Institute of Architects as nominee in accordance with the Arbitration Act 1996.
1.3 If there should be any breach or non-observance of any of the foregoing covenants and without prejudice to any other liability which the purchaser may have to any person having benefit of this covenant the purchaser will upon written demand being made by the vendor or any of the registered proprietors of the lots (“the vendor/the registered proprietors”);
(a) remove or cause to be removed from the land any secondhand or used dwelling, garage, carport, building or other structure erected or placed on the land in breach or non-observance of the foregoing covenants;
(b) replace any building material used in breach or non-observance of the foregoing covenants.
1.4 There shall be inserted in the Memorandum of Transfer to the purchaser a restrictive covenant giving effect to the foregoing covenants in such form as the vendor considers appropriate and to run with the land PROVIDED HOWEVER;
(a) that the vendor shall neither be required nor liable to enforce nor answerable to the purchaser for the breach of any covenants binding any of the lots.
(b)
- the vendor may at its discretion waive compliance of one or more of the restrictive covenants so long as the vendor is satisfied that such waiver will not adversely affect the character of the subdivision.
- he vendor will not consider any application for waiver from a purchaser or registered proprietor unless such application is in writing and accompanied by a plan and elevations, specifications of materials and finishes showing the proposed change(s).
(c) that the vendor shall in respect of any other lots in subsequent stages in the Aidanfield Subdivision, have in its absolute discretion the right to impose additional restrictions or stipulations in any restrictive covenant inserted in Memorandum of Transfer relating to lots in subsequent stages or to omit or vary in its absolute discretion any restrictive covenant inserted in this Memorandum of Transfer.
End of covenants