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Contract of Sale of Land GLENDA MARGARET NOVOTNY, GEOFFREY FRANK ALLEN AND KENNETH ALFRED ALLEN Lot No. “Five Farms” Part 270-272 Hardys Road, Clyde North

Contract of Sale of Land IMPORTANT NOTICE TO PURCHASERS – COOLING-OFF Cooling-off period (Section 31 of the Sale of Land Act 1962) • You may end this contract within 3 clear business days of the day that you sign the contract if none of the exceptions listed below applies to you. • You must either give the vendor or the vendor's agent written notice that you are ending the contract or leave the notice at the address of the vendor or the vendor's agent to end this contract within this time in accordance with this cooling-off provision. • You are entitled to a refund of all the money you paid EXCEPT for $100 or 0.2% of the purchase price (whichever is more) if you end the contract in this way.

EXCEPTIONS: The 3-day cooling-off period does not apply if: •

you bought the property at a publicly advertised auction or on the day on which the auction was held; or

•

you bought the land within 3 clear business days before a publicly advertised auction was to be held; or

•

you bought the land within 3 clear business days after a publicly advertised auction was held; or

•

the property is used primarily for industrial or commercial purposes; or

•

the property is more than 20 hectares in size and is used primarily for farming; or

•

you and the vendor have previously signed a contract for the sale of the same land in substantially the same terms; or

•

you are an estate agent or a corporate body.

*This contract is approved as a standard form of contract under section 53A of the Estate Agents Act 1980 by the Law Institute of Victoria Limited. The Law Institute of Victoria Limited is authorised to approve this form under the Legal Profession Uniform Law Application Act 2014.

NOTICE TO PURCHASERS OF PROPERTY OFF-THE-PLAN •

Off-the-plan sales (Section 9AA(1A) of the Sale of Land Act 1962)

•

You may negotiate with the vendor about the amount of the deposit moneys payable under the contract of sale, up to 10 per cent of the purchase price.

•

A substantial period of time may elapse between the day on which you sign the contract of sale and the day on which you become the registered proprietor of the lot.

•

The value of the lot may change between the day on which you sign the contract of sale of that lot and the day on which you become the registered proprietor.

WARNING TO ESTATE AGENTS DO NOT USE THIS CONTRACT FOR SALES OF 'OFF THE PLAN' PROPERTIES UNLESS IT HAS BEEN PREPARED BY A LEGAL PRACTITIONER

Contract of Sale of Land Property address Lot No. proposed Plan of Subdivision No. PS842537H/S22 and being part 270-272 Hardys Road, Clyde North, VIC, 3978 The vendor agrees to sell and the purchaser agrees to buy the property, being the land and the goods, for the price and on the terms set out in this contract. The terms of this contract are contained in the • particulars of sale; and • special conditions, if any; and • general conditions (which are in standard form: see general condition 6.1) in that order of priority.

SIGNING OF THIS CONTRACT WARNING: THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD READ THIS CONTRACT BEFORE SIGNING IT. Purchasers should ensure that they have received a section 32 statement from the vendor before signing this contract. In this contract, “section 32 statement” means the statement required to be given by a vendor under section 32 of the Sale of Land Act 1962. The authority of a person signing • under power of attorney; or • as director of a corporation; or • as agent authorised in writing by one of the parties must be noted beneath the signature. Any person whose signature is secured by an estate agent acknowledges being given by the agent at the time of signing a copy of the terms of this contract.

SIGNED BY THE PURCHASER:

Date signed:

#purchaser1Signer1DateSigned

#purchaser1Signer1Sign

#purchaser2Signer1Sign

#purchaser3Signer1Sign

#purchaser1Signer2Sign

#purchaser2Signer2Sign

#purchaser3Signer2Sign

#vendorsolicitorapproval SIGNED BY THE VENDOR:

Date signed:

##vendor1Signer1DateSigned

Tod O’Dwyer / Sarah Bloom / Theo Della Bosca / Jill Lim / Alex Newell / Craig Muse / Penelope Dabner / Kranish Reddy

#Vendor1Signer1Sign State nature of authority, if applicable: Attorney under power of attorney dated 25 August 2021 The DAY OF SALE is the date by which both parties have signed this contract.

Particulars of sale Vendor’s Estate Agent Kaikura Land Sales Unit 1 / 203 High Street, Cranbourne, VIC, 3977 Email:

sales@kaikura.com.au Tel: 03 5995 0409

Mobile: 0488 972 727

Vendor GLENDA MARGARET NOVOTNY, GEOFFREY FRANK ALLEN AND KENNETH ALFRED ALLEN C/- Duffy & Simon Lawyers, 13 John Street, Pakenham 3810

Vendor’s Legal Practitioner or Conveyancer Duffy & Simon Lawyers 13 John Street, Pakenham VIC 3810 PO Box 75, Pakenham VIC 3810 DX: 81001 Pakenham Email: Tammy@duffysimon.com.au Tel: (03) 5941 1622

Ref: EH 2212593

Purchaser

Is the purchaser registered for GST?

Yes ☐

No ☒

If yes, is the purchaser carrying on the purchaser’s business or enterprise (being a creditable purpose) in buying the land? (refer to Special Condition 18.7)

Yes ☐

No ☒

If there is more than one party named as Purchaser, the parties will hold the Property in the following manner (tick as applicable): Joint tenants

Yes ☐

Tenants in common

Yes ☐ in the following respective shares

FOREIGN INTEREST (refer to Special Condition 12 and 13) Is the Purchaser a Foreign Interest?

Yes ☐

If the Purchaser is a Foreign Interest, has the Purchaser obtained approval from FIRB?

Yes ☐

No ☒ No ☒

See Special Condition 1.30 for definition of “Foreign Interest”. Identification Requirements Attached is a copy of any one of the following (tick as applicable): Australian driver’s licence

☐

Birth certificate

☐

Australian citizenship certificate

☐

Passport

☐ (*Foreign purchasers must provide copy)

Purchaser’s Legal Practitioner or Conveyancer

Contact: Email:

Tel:

Ref:

Land (general conditions 7 and 13) The land is described in the table below – Certificate of Title reference - PART Volume 12234

being lot Folio

452

on PROPOSED plan 842537H/S22

Volume 12309 Folio 704 If no title or plan references in the table, the land is as described in the section 32 statement or the register search statement and the document referred to as the diagram location in the register search statement attached to the section 32 statement.

Property address The address of the land is:

Lot No. proposed Plan of Subdivision No. PS842537H/S22 and being part 270-272 Hardys Road, Clyde North, VIC, 3978

Goods sold with the land (general condition 6.3(f)) Vacant land

Payment Price

Deposit

$ when the Purchaser signs this Contract and the balance within days from the Day of Sale.

Balance

payable at settlement

GST (general condition 19) Subject to general condition 19.2, the price includes GST (if any), unless the next box is checked GST (if any) must be paid in addition to the price if the box is checked The margin scheme will be used to calculate GST if the box is checked

Settlement (general conditions 17 & 26.2) is due on the unless the land is a lot on an unregistered plan of subdivision, in which case settlement is due on the later of: •

the above date; and

•

14 days after the vendor gives notice in writing to the purchaser of registration of the plan of subdivision.

Loan (general condition 20) ☐

This contract is subject to a loan being approved and the following details apply if the box is checked:

Lender: Loan amount:

Any reputable lending authority $ Approval date:

GST withholding For contracts entered into from 1 July 2018 notice is required if taxable supply of residential premises or potential residential land (refer special condition 5A). Is the Purchaser required to withhold and make a residential withholding payment? (refer section 14-250 of Schedule 1 of the Taxation Administration Act 1953) NO

YES

Requisite GST Withholding Notice attached hereto

Special Conditions This contract does not include any special conditions unless the words 'Special Conditions' appear in this box: Special Conditions

If the contract is subject to 'Special Conditions' then particulars of the Special Conditions are attached.

Vendor GST Withholding Notice Pursuant to section 14-255 Schedule 1 Taxation Administration Act 1953 (Cth)

Amount purchaser must withhold and pay – sale price multiplied by the RW rate (residential withholding rate). Typically – 1/11th of the “contract price”; or 7% of the “contract price” where the margin scheme applied.

RW Payment Amount Amount must be paid at:

7% of purchase price AT COMPLETION

at another time (specify):

Is any of the consideration not expressed as an amount in money? If “yes”, the GST inclusive market value of the non-monetary consideration:

Yes

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:

To be provided

Supplier’s ABN:

To be provided

Supplier’s business address:

C/- Morton Watson & Young

Supplier’s email address: Supplier’s phone number:

ssalisbury@mwy.com.au +61 (3) 97929555

*If more than one supplier, provide above details for each supplier and proportional amounts.

TABLE OF CONTENTS GENERAL CONDITIONS ELECTRONIC SIGNATURE ............................................................................................. 9 2.

LIABILITY OF SIGNATORY ............................................................................................. 9

GUARANTEE ................................................................................................................... 9

NOMINEE ......................................................................................................................... 9

ENCUMBRANCES ........................................................................................................... 9

VENDOR WARRANTIES .................................................................................................. 9

IDENTITY OF THE LAND ............................................................................................... 10

SERVICES ...................................................................................................................... 10

CONSENTS .................................................................................................................... 10

10.

TRANSFER & DUTY ...................................................................................................... 10

11.

RELEASE OF SECURITY INTEREST ............................................................................ 10

12.

BUILDING WARRANTY INSURANCE ........................................................................... 11

13.

GENERAL LAW LAND ................................................................................................... 11

14.

DEPOSIT ........................................................................................................................ 12

15.

ADJUSTMENTS ............................................................................................................ 13

16.

TIME .............................................................................................................................. 13

17.

SETTLEMENT ................................................................................................................ 13

18.

ELECTRONIC SETTLEMENT ........................................................................................ 13

19.

GST ................................................................................................................................ 14

20.

LOAN .............................................................................................................................. 14

21.

BUILDING REPORT ....................................................................................................... 15

22.

PEST REPORT ............................................................................................................... 15

23.

ADJUSTMENTS ............................................................................................................. 15

24.

FOREIGN RESIDENT CAPITAL GAINS WITHHOLDING .............................................. 15

25.

GST WITHHOLDING ...................................................................................................... 16

26.

TIME & CO OPERATION................................................................................................ 17

27.

SERVICE ........................................................................................................................ 17

28.

NOTICES ........................................................................................................................ 18

6 29.

INSPECTION .................................................................................................................. 18

30.

TERMS CONTRACT....................................................................................................... 18

31.

LOSS OR DAMAGE BEFORE SETTLEMENT ............................................................... 18

32.

BREACH ......................................................................................................................... 19

33.

INTEREST ...................................................................................................................... 19

34.

DEFAULT NOTICE ......................................................................................................... 19

35.

DEFAULT NOT REMEDIED ........................................................................................... 19 DEFINITIONS ................................................................................................................. 21 INTERPRETATION ......................................................................................................... 28 GENERAL CONDITIONS DELETED OR AMENDED ..................................................... 28 GUARANTEE ................................................................................................................. 29 NOMINATION ................................................................................................................. 30 ACKNOWLEDGMENTS BY PURCHASER .................................................................... 31 DEPOSIT ........................................................................................................................ 31 DEPOSIT BY BANK GUARANTEE OR DEPOSIT BOND .............................................. 32 LOAN .............................................................................................................................. 33 DEFAULT ....................................................................................................................... 34 CONDITION, RISK, IDENTITY AND USE OF PROPERTY ............................................ 35 FOREIGN INVESTMENT ................................................................................................ 38 FIRB APPROVAL ........................................................................................................... 38 PURCHASER’S WARRANTIES CONCERNING FUNDS ............................................... 41 SETTLEMENT AND TRANSFER ................................................................................... 41 CONFIDENTIALITY ........................................................................................................ 42 PURCHASER'S WARRANTIES ..................................................................................... 42 GST ................................................................................................................................ 44 DUTY INDEMNITY .......................................................................................................... 46 VENDOR WARRANTIES ................................................................................................ 47 ADJUSTMENTS ............................................................................................................. 47 ADDITIONAL LAND TAX LIABILITY ............................................................................. 48

7 NOTICES ........................................................................................................................ 49 FENCING ........................................................................................................................ 50 FENCING FOR LOTS 2122 & 2145. ............................................................................... 50 FILLED LAND................................................................................................................. 51 UNREGISTERED PLAN ................................................................................................. 51 PERSONAL INFORMATION .......................................................................................... 55 PURCHASER AS TRUSTEE .......................................................................................... 56 SECTION 173 AGREEMENTS ....................................................................................... 56 GAIC ............................................................................................................................... 57 RESIDENTS CLUB AND OWNERS CORPORATION MATTERS .................................. 58 TELECOMMUNICATIONS TOWER ............................................................................... 63 RESTRICTIONS, DESIGN AND SITING GUIDELINES .................................................. 63 REPLACEMENT RESTRICTIVE COVENANT ................................................................ 65 BUILDING PERMIT ........................................................................................................ 65 PLANNING CONTROLS................................................................................................. 65 MEDIUM DENSITY/APARTMENT SITES ....................................................................... 66 SIGNAGE ....................................................................................................................... 66 ENTRY FEATURE .......................................................................................................... 67 CONCEPT PLAN ............................................................................................................ 67 SALES MATERIAL ......................................................................................................... 68 VENDOR'S RIGHT TO MAINTAIN ................................................................................. 68 UTILITY SERVICES........................................................................................................ 68 SUBSTATIONS .............................................................................................................. 69 LANDSCAPING .............................................................................................................. 69 STREET NAMES ............................................................................................................ 69 BUSHFIRE PRONE AREAS ........................................................................................... 69 FIBRE OPTIC INSTALLATION....................................................................................... 70 ACKNOWLEDGEMENTS REGARDING FOOTPATHS ETC .......................................... 71 NATURE STRIP .............................................................................................................. 71

8 INSPECTION .................................................................................................................. 71 TIME ............................................................................................................................... 72 ELECTRONIC CONVEYANCING ................................................................................... 72 DISPUTES ...................................................................................................................... 73 ONLINE DUTIES FORM ................................................................................................. 73 PROSPERITY PROGRAM.............................................................................................. 74 NON-RESIDENTIAL AREAS .......................................................................................... 75 FOREIGN RESIDENT CAPITAL GAINS WITHHOLDING TAX ...................................... 76 ELECTRONIC EXECUTION OF CONTRACT ................................................................. 76 GENERAL ...................................................................................................................... 77

GENERAL CONDITIONS Contract signing ELECTRONIC SIGNATURE 1.1

In this general condition “electronic signature” means a digital signature or a visual representation of a person’s handwritten signature or mark which is placed on a physical or electronic copy of this contract by electronic or mechanical means, and “electronically signed” has a corresponding meaning.

1.2

The parties consent to this contract being signed by or on behalf of a party by an electronic signature.

1.3

Where this contract is electronically signed by or on behalf of a party, the party warrants and agrees that the electronic signature has been used to identify the person signing and to indicate that the party intends to be bound by the electronic signature.

1.4

This contract may be electronically signed in any number of counterparts which together will constitute the one document.

1.5

Each party consents to the exchange of counterparts of this contract by delivery by email or such other electronic means as may be agreed in writing.

1.6

Each party must upon request promptly deliver a physical counterpart of this contract with the handwritten signature or signatures of the party and all written evidence of the authority of a person signing on their behalf, but a failure to comply with the request does not affect the validity of this contract.

LIABILITY OF SIGNATORY Any signatory for a proprietary limited company purchaser is personally liable for the due performance of the purchaser’s obligations as if the signatory were the purchaser in the case of a default by a proprietary limited company purchaser.

GUARANTEE The vendor may require one or more directors of the purchaser to guarantee the purchaser’s performance of this contract if the purchaser is a proprietary limited company.

NOMINEE The purchaser may no later than 14 days before the due date for settlement nominate a substitute or additional person to take a transfer of the land, but the named purchaser remains personally liable for the due performance of all the purchase’s obligations under this contract.

Title 5.

ENCUMBRANCES 5.1

5.2

The purchaser buys the property subject to: (a)

any encumbrance shown in the section 32 statement other than mortgages or caveats; and

(b)

any reservations, exceptions and conditions in the crown grant; and

(c)

any lease or tenancy referred to in the particulars of sale.

The purchaser indemnifies the vendor against all obligations under any lease or tenancy that are to be performed by the landlord after settlement.

VENDOR WARRANTIES 6.1

The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd August 2019.

6.2

The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.

6.3

The vendor warrants that the vendor: (a)

has, or by the due date for settlement will have, the right to sell the land; and

(b)

is under no legal disability; and

(c)

is in possession of the land, either personally or through a tenant; and

(d)

has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and

(e)

will at settlement be the holder of an unencumbered estate in fee simple in the land; and

(f)

will at settlement be the unencumbered owner of the land.

10 6.4

The vendor further warrants that the vendor has no knowledge of any of the following: (a)

public rights of way over the land;

(b)

easements over the land;

(c)

lease or other possessory agreement affecting the land;

(d)

notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;

(e)

legal proceedings which would render the sale of the land void or voidable or capable of being set aside.

6.5

The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.

6.6

If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:

6.7

(a)

all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and

(b)

all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and

(c)

domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.

Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.

IDENTITY OF THE LAND 7.1

An omission or mistake in the description of the property or any deficiency in the area, description or measurements of the land does not invalidate the sale.

7.2

The purchaser may not:

(a)

make any objection or claim for compensation for any alleged misdescription of the property or any deficiency in its area or measurements; or

(b)

require the vendor to amend title or pay any cost of amending title.

SERVICES 8.1

The vendor does not represent that the services are adequate for the purchaser's proposed use of the property and the vendor advises the purchaser to make appropriate inquiries. The condition of the services may change between the day of sale and settlement and the vendor does not promise that the services will be in the same condition at settlement as they were on the day of sale.

8.2

The purchaser is responsible for the connection of all services to the property after settlement and the payment of any associated cost.

CONSENTS The vendor must obtain any necessary consent or licence required for the vendor to sell the property. The contract will be at an end and all money paid must be refunded if any necessary consent or licence is not obtained by settlement.

10.

TRANSFER & DUTY 10.1

The purchaser must prepare and deliver to the vendor at least 7 days before the due date for settlement any paper transfer of land document which is necessary for this transaction. The delivery of the transfer of land document is not acceptance of title.

10.2

The vendor must promptly initiate the Duties on Line or other form required by the State Revenue Office in respect of this transaction, and both parties must co-operate to complete it as soon as practicable.

11.

11.4

RELEASE OF SECURITY INTEREST 11.1

This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.

11.2

For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement.

11.3

If the purchaser is given the details of the vendor’s date of birth under condition 11.2, the purchaser must (a)

only use the vendor’s date of birth for the purposes specified in condition 11.2; and

(b)

keep the date of birth of the vendor secure and confidential.

The vendor must ensure that at or before settlement, the purchaser receives –

11.5

(a)

a release from the secured party releasing the property from the security interest; or

(b)

a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or

(c)

a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted.

Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property (a)

that – (i)

the purchaser intends to use predominately for personal, domestic or household purposes; and

(ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) 11.6

that is sold in the ordinary course of the vendor’s business of selling personal property of that kind.

The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if (a)

the personal property is of a kind that may be described by a serial number in the Personal Property Securities Register; or

(b)

the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest.

11.7

A release for the purposes of general condition 11.4(a) must be in writing.

11.8

A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest.

11.9

If the purchaser receives a release under general condition 11.4(a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement.

11.10 In addition to ensuring a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, the purchaser must pay the vendor (a)

interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and

(b)

any reasonable costs incurred by the vendor as a result of the delay -

as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

12.

BUILDING WARRANTY INSURANCE

The vendor warrants that the vendor will provide at settlement details of any current builder warranty insurance in the vendor's possession relating to the property if requested in writing to do so at least 21 days before settlement.

13.

GENERAL LAW LAND 13.1

The vendor must complete a conversion of title in accordance with section 14 of the Transfer of Land Act 1958 before settlement if the land is the subject of a provisional folio under section 223 of that Act.

13.2

The remaining provisions of this general condition 13 only apply if any part of the land is not under the operation of the Transfer of Land Act 1958.

13.3

The vendor is taken to be the holder of an unencumbered estate in fee simple in the land if there is an unbroken chain of title starting at least 30 years before the day of sale proving on the face of the documents the ownership of the entire legal and equitable estate without the aid of other evidence.

13.4

The purchaser is entitled to inspect the vendor's chain of title on request at such place in Victoria as the vendor nominates.

12 13.5

13.6

The purchaser is taken to have accepted the vendor's title if: (a)

21 days have elapsed since the day of sale; and

(b)

the purchaser has not reasonably objected to the title or reasonably required the vendor to remedy a defect in the title.

The contract will be at an end if: (a)

the vendor gives the purchaser a notice that the vendor is unable or unwilling to satisfy the purchaser's objection or requirement and that the contract will end if the objection or requirement is not withdrawn within 14 days of the giving of the notice; and

(b)

the objection or requirement is not withdrawn in that time.

13.7

If the contract ends in accordance with general condition 13.6, the deposit must be returned to the purchaser and neither party has a claim against the other in damages.

13.8

General condition 17.1 [settlement] should be read as if the reference to ‘registered proprietor’ is a reference to ‘owner’ in respect of that part of the land which is not under the operation of the Transfer of Land Act 1958.

Money 14.

DEPOSIT 14.1

The purchaser must pay the deposit: to the vendor’s licensed estate agent; or

(a)

if there is no estate agent, to the vendor’s legal practitioner or conveyancer; or

(b) (c) 14.2

14.3

if the vendor directs, into a special purpose account in an authorised deposit-taking institution in Victoria specified by the vendor in the joint names of the purchaser and the vendor.

If the land is sold on an unregistered plan of subdivision, the deposit: (a)

must not exceed 10% of the price; and

(b)

must be paid to the vendor’s estate agent, legal practitioner or conveyancer and held by the estate agent, legal practitioner or conveyancer on trust for the purchaser until registration of the plan of subdivision.

The deposit must be released to the vendor if: (a)

the vendor provides particulars, to the satisfaction of the purchaser; that either (i)

there are no debts secured against the property; or

(ii) if there are any debts, the total amount of those debts together with any amounts to be withheld in accordance with general conditions 24 and 25 does not exceed 80% of the sale price; and (b)

at least 28 days have elapsed since the particulars were given to the purchaser under paragraph (a); and

(c)

all conditions of section 27 of the Sale of Land Act 1962 have been satisfied.

14.4

The stakeholder must pay the deposit and any interest to the party entitled when the deposit is released, the contract is settled, or the contract is ended.

14.5

The stakeholder may pay the deposit and any interest into court if it is reasonable to do so.

14.6

Where the purchaser is deemed by section 27(7) of the Sale of Land Act 1962 to have given the deposit release authorisation referred to in section 27(1), the purchaser is also deemed to have accepted title in the absence of any prior express objection to title.

14.7

Payment of the deposit may be made or tendered: (a)

in cash up to $1,000 or 0.2% of the price, whichever is greater; or

(b)

by cheque drawn on an authorised deposit-taking institution; or

(c)

by electronic funds transfer to a recipient having the appropriate facilities for receipt.

However, unless otherwise agreed: (d) payments may not be made by credit card, debit card or any other financial transfer system that allows for any chargeback or funds reversal other than for fraud or mistaken payment, and (e)

any financial transfer or similar fees or deductions from the funds transferred, other than any fees charged by the recipient’s authorised deposit-taking institution, must be paid by the remitter.

14.8

Payment by electronic transfer is made when cleared funds are received in the recipient’s bank account.

14.9

Before the funds are electronically transferred the intended recipient must be notified in writing and given sufficient particulars to readily identify the relevant transaction.

14.10 As soon as the funds have been electronically transferred the intended recipient must be provided with the relevant transaction number or reference details. 14.11 For the purposes of this general condition ‘authorised deposit-taking institution’ means a body corporate for which an authority under section 9(3) of the Banking Act 1959 (Cth) is in force.

13 15.

ADJUSTMENTS

15.1

All periodic outgoings payable by the vendor, and any rent and other income received in respect of the property must be apportioned between the parties on the settlement date and any adjustment paid and received as appropriate.

15.2

The periodic outgoings and rent and other income must be apportioned on the following basis: (a)

the vendor is liable for the periodic outgoings and entitled to the rent and other income up to and including the day of settlement; and

(b)

the land is treated as the only land of which the vendor is owner (as defined in the Land Tax Act 2005); and

(c)

the vendor is taken to own the land as a resident Australian beneficial owner; and

(d)

any personal statutory benefit available to each party is disregarded in calculating apportionment.

Transactional

16.

TIME

16.1

Time is of the essence of this contract.

16.2

Time is extended until the next business day if the time for performing any action falls on a Saturday, Sunday or bank holiday.

17.

SETTLEMENT 17.1

At settlement: (a)

the purchaser must pay the balance; and

(b)

the vendor must: (i) do all things necessary to enable the purchaser to become the registered proprietor of the land; and (ii) give either vacant possession or receipt of rents and profits in accordance with the particulars of sale.

17.2

Settlement must be conducted between the hours of 10.00 a.m. and 4.00 p.m. unless the parties agree otherwise.

17.3

The purchaser must pay all money other than the deposit in accordance with a written direction of the vendor or the vendor’s legal practitioner or conveyancer.

18.

ELECTRONIC SETTLEMENT 18.1

Settlement and lodgment of the instruments necessary to record the purchaser as registered proprietor of the land will be conducted electronically in accordance with the Electronic Conveyancing National Law. This general condition 18 has priority over any other provision of this contract to the extent of any inconsistency.

18.2

A party must immediately give written notice if that party reasonably believes that settlement and lodgment can no longer be conducted electronically. Special condition 18 ceases to apply from when such a notice is given.

18.3

Each party must: (a)

be, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law,

(b)

ensure that all other persons for whom that party is responsible and who are associated with this transaction are, or engage, a subscriber for the purposes of the Electronic Conveyancing National Law, and

(c)

conduct the transaction in accordance with the Electronic Conveyancing National Law.

18.4

The vendor must open the electronic workspace (“workspace”) as soon as reasonably practicable and nominate a date and time for settlement. The inclusion of a specific date for settlement in a workspace is not of itself a promise to settle on that date or at that time. The workspace is an electronic address for the service of notices and for written communications for the purposes of any electronic transactions legislation.

18.5

This general condition 18.5 applies if there is more than one electronic lodgment network operator in respect of the transaction. In this general condition 18.5 “the transaction” means this sale and purchase and any associated transaction involving any of the same subscribers. To the extent that any interoperability rules governing the relationship between electronic lodgement network operators do not provide otherwise:

18.6

(a)

the electronic lodgment network operator to conduct all the financial and lodgement aspects of the transaction after the workspace locks must be one which is willing and able to conduct such aspects of the transaction in accordance with the instructions of all the subscribers in the workspaces of all the electronic lodgement network operators after the workspace locks;

(b)

if two or more electronic lodgment network operators meet that description, one may be selected by purchaser’s incoming mortgagee having the highest priority but if there is no mortgagee of the purchaser, the vendor must make the selection.

Settlement occurs when the workspace records that: (a)

there has been an exchange of funds or value between the exchange settlement account or accounts in the Reserve Bank of Australia of the relevant financial institutions or their financial settlement agents in accordance with the instructions of the parties; or

14 (b) 18.7

if there is no exchange of funds or value, the documents necessary to enable the purchaser to become registered proprietor of the land have been accepted for electronic lodgement

The parties must do everything reasonably necessary to effect settlement: (a)

electronically on the next business day; or

(b)

at the option of either party, otherwise than electronically as soon as possible –

if, after the locking of the workspace at the nominated settlement time, settlement in accordance with special condition 18.6 has not occurred by 4.00 pm, or 6.00 pm if the nominated time for settlement is after 4.00 pm. 18.8

Each party must do everything reasonably necessary to assist the other party to trace and identify the recipient of any missing or mistaken payment and to recover the missing or mistaken payment.

18.9

The vendor must before settlement: (a)

deliver any keys, security devices and codes (“keys”) to the estate agent named in the contract,

(b)

direct the estate agent to give the keys to the purchaser or the purchaser’s nominee on notification of settlement by the vendor, the vendors subscriber or the electronic lodgment network operator,

(c)

deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor’s subscriber or, if there is no vendor’s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor’s address set out in the contract, and

give, or direct its subscriber to give, all those documents and items and any such keys to the purchaser or the purchaser’s nominee on notification by the electronic lodgment network operator of settlement.

19.

GST 19.1

The purchaser does not have to pay the vendor any amount in respect of GST in addition to the price if the particulars of sale specify that the price includes GST (if any).

19.2

The purchaser must pay to the vendor any GST payable by the vendor in respect of a taxable supply made under this contract in addition to the price if: (a)

the particulars of sale specify that GST (if any) must be paid in addition to the price; or

(b)

GST is payable solely as a result of any action taken or intended to be taken by the purchaser after the day of sale, including a change of use; or

(c)

the particulars of sale specify that the supply made under this contract is of land on which a ‘farming business’ is carried on and the supply (or part of it) does not satisfy the requirements of section 38-480 of the GST Act; or

(d)

the particulars of sale specify that the supply made under this contract is of a going concern and the supply (or a part of it) does not satisfy the requirements of section 38-325 of the GST Act.

19.3

The purchaser is not obliged to pay any GST under this contract until a tax invoice has been given to the purchaser.

19.4

If the particulars of sale specify that the supply made under this contract is of land on which a ‘farming business’ is carried on:

19.5

(a)

the vendor warrants that the property is land on which a farming business has been carried on for the period of 5 years preceding the date of supply; and

(b)

the purchaser warrants that the purchaser intends that a farming business will be carried on after settlement on the property.

If the particulars of sale specify that the supply made under this contract is a ‘going concern’: (a)

the parties agree that this contract is for the supply of a going concern; and

(b)

the purchaser warrants that the purchaser is, or prior to settlement will be, registered for GST; and

(c)

the vendor warrants that the vendor will carry on the going concern until the date of supply.

19.6

If the particulars of sale specify that the supply made under this contract is a ‘margin scheme’ supply, the parties agree that the margin scheme applies to this contract.

19.7

In this general condition:

20.

(a)

‘GST Act’ means A New Tax System (Goods and Services Tax) Act 1999 (Cth); and

(b)

‘GST’ includes penalties and interest.

LOAN 20.1

If the particulars of sale specify that this contract is subject to a loan being approved, this contract is subject to the lender approving the loan on the security of the property by the approval date or any later date allowed by the vendor.

20.2

The purchaser may end the contract if the loan is not approved by the approval date, but only if the purchaser: (a)

immediately applied for the loan; and

(b)

did everything reasonably required to obtain approval of the loan; and

15 (c) (d) 20.3

21.

serves written notice ending the contract, together with written evidence of rejection or non-approval of the loan, on the vendor within 2 clear business days after the approval date or any later date allowed by the vendor; and is not in default under any other condition of this contract when the notice is given.

All money must be immediately refunded to the purchaser if the contract is ended.

BUILDING REPORT 21.1

This general condition only applies if the applicable box in the particulars of sales is checked.

21.2

The purchaser may end this contract within 14 days from the days of sale if the purchaser: (a)

obtains a written report from a registered building practitioner or architect which discloses a current defect in a structure on the land and designates it as a major building defect;

(b)

gives the vendor a copy of the report and a written notice ending this contract; and

(c)

is not in then in default.

21.3

All money paid must be immediately refunded to the purchaser if the contract ends in accordance with this general condition.

21.4

A notice under this general condition may be served on the vendor’s legal practitioner, conveyancer or estate agent even if the estate agent’s authority has formally expired at the time of service.

21.5

The registered building practitioner may inspect the property at any reasonable time for the purpose of preparing the report.

22.

PEST REPORT 22.1

This general condition only applies if the applicable box in the particulars of sale is checked.

22.2

The purchaser may end this contract within 14 days from the day of sale if the purchaser: (a)

obtains a written report from a pest control operator licensed under Victorian law which discloses a current pest infestation on the land and designates it as a major infestation affecting the structure of a building on the land;

(b)

gives the vendor a copy of the report and a written notice ending this contract; and

(c)

is not then in default.

22.3

All money paid must be immediately refunded to the purchaser if the contract ends in accordance with this general condition.

22.4

22.5

The pest control operator may inspect the property at any reasonable time for the purpose of preparing the report.

23.

ADJUSTMENTS 23.1

23.2

The periodic outgoings and rent and other income must be apportioned on the following basis:

23.3

24.

(a)

the vendor is liable for the periodic outgoings and entitled to the rent and other income up to and including the day of settlement; and

(b)

the land is treated as the only land of which the vendor is owner (as defined in the Land Tax Act 2005); and

(c)

the vendor is taken to own the land as a resident Australian beneficial owner; and

(d)

any personal statutory benefit available to each party is disregarded in calculating apportionment.

The purchaser must provide copies of all certificates and other information used to calculate the adjustments under general condition 23, if requested by the vendor.

FOREIGN RESIDENT CAPITAL GAINS WITHHOLDING 24.1

Words defined or used in Subdivision 14-D of Schedule 1 to the Taxation Administration Act 1953 (Cth) have the same meaning in this general condition unless the context requires otherwise.

24.2

Every vendor under this contract is a foreign resident for the purposes of this general condition unless the vendor gives the purchaser a clearance certificate issued by the Commissioner under section 14-220 (1) of Schedule 1 to the Taxation Administration Act 1953 (Cth). The specified period in the clearance certificate must include the actual date of settlement.

24.3

The remaining provisions of this general condition 24 only apply if the purchaser is required to pay the Commissioner an amount in accordance with section 14-200(3) or section 14-235 of Schedule 1 to the Taxation Administration Act 1953 (Cth) (“the amount”) because one or more of the vendors is a foreign resident, the property has or will have a market value not less than the amount set out in section 14-215 of the legislation just after the transaction, and the transaction is not excluded under section 14-215(1) of the legislation.

24.4

The amount is to be deducted from the vendor’s entitlement to the contract consideration. The vendor must pay to the purchaser at settlement such part of the amount as is represented by non-monetary consideration.

24.5

The purchaser must:

24.6

(a)

engage a legal practitioner or conveyancer (“representative”) to conduct all legal aspects of settlement, including the performance of the purchaser’s obligations under the legislation and this general condition; and

(b)

ensure that the representative does so.

The terms of the representative’s engagement are taken to include instructions to have regard to the vendor’s interests and instructions that the representative must: (a)

pay, or ensure payment of, the amount to the Commissioner in the manner required by the Commissioner and as soon as reasonably and practicably possible, from moneys under the control or direction of the representative in accordance with this general condition if the sale of the property settles;

(b)

promptly provide the vendor with proof of payment; and

(c)

otherwise comply, or ensure compliance with, this general condition;

despite:

24.7

(d)

any contrary instructions, other than from both the purchaser and the vendor; and

(e)

any other provision in this contract to the contrary.

The representative is taken to have complied with the requirements in special condition 24.6 if: (a)

the settlement is conducted through an electronic lodgement network; and

(b)

the amount is included in the settlement statement requiring payment to the Commissioner in respect of this transaction.

24.8

Any clearance certificate or document evidencing variation of the amount in accordance with section 14-235(2) of Schedule 1 to the Taxation Administration Act 1953 (Cth) must be given to the purchaser at least 5 business days before the due date for settlement.

24.9

The vendor must provide the purchaser with such information as the purchaser requires to comply with the purchaser’s obligation to pay the amount in accordance with section 14-200 of Schedule 1 to the Taxation Administration Act 1953 (Cth). The information must be provided within 5 business days of request by the purchaser. The vendor warrants that the information the vendor provides is true and correct.

24.10 The purchaser is responsible for any penalties or interest payable to the Commissioner on account of late payment of the amount.

25.

GST WITHHOLDING 25.1

Words and expressions defined or used in Subdivision 14-E of Schedule 1 to the Taxation Administration Act 1953 (Cth) or in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this general condition unless the context requires otherwise. Words and expressions first used in this general condition and shown in italics and marked with an asterisk are defined or described in at least one of those Acts.

25.2

The purchaser must notify the vendor in writing of the name of the recipient of the *supply for the purposes of section 14-255 of Schedule 1 to the Taxation Administration Act 1953 (Cth) at least 21 days before the due date for settlement unless the recipient is the purchaser named in the contract.

25.3

The vendor must at least 14 days before the due date for settlement provide the purchaser and any person nominated by the purchaser under general condition 4 with GST withholding notice in accordance with section 14-255 of Schedule 1 to the Taxation Administration Act 1953 (Cth), and must provide all information required by the purchaser or any person so nominated to confirm the accuracy of the notice.

25.4

The remaining provisions of this general condition 25 apply if the purchaser is or may be required to pay the Commissioner an *amount in accordance with section 14-250 of Schedule 1 to the Taxation Administration Act 1953 (Cth) because the property is *new residential premise or *potential residential land in either case falling within the parameters of that section, and also if the sale attracts the operation of section 14-255 of the legislation. Nothing in this general condition 25 is to be taken as relieving the vendor from compliance with section 14-255.

25.5

The amount is to be deducted from the vendor's entitlement to the contract *consideration and is then taken to be paid to the vendor, whether or not the vendor provides the purchaser with a GST withholding notice in accordance with section 14-255 of Schedule 1 to the Taxation Administration Act 1953 (Cth). The vendor must pay to the purchaser at settlement such part of the amount as is represented by non-monetary consideration.

25.6

The purchaser must:

25.7

(a)

engage a legal practitioner or conveyancer ("representative") to conduct all the legal aspects of settlement, including the performance of the purchaser's obligations under the legislation and this general condition; and

(b)

ensure that the representative does so.

The terms of the representative's engagement are taken to include instructions to have regard to the vendor's interests relating to the payment of the amount to the Commissioner and instructions that the representative must: (a)

(b)

promptly provide the vendor with evidence of payment, including any notification or other document provided by the purchaser to the Commissioner relating to payment; and

(c)

otherwise comply, or ensure compliance, with this general condition;

17 despite:

25.8

25.9

(d)

any contrary instructions, other than from both the purchaser and the vendor; and

(e)

any other provision in this contract to the contrary.

The representative is taken to have complied with the requirements of general condition 25.7 if: (a)

settlement is conducted through the electronic lodgement network; and

(b)

the amount is included in the settlement statement requiring payment to the Commissioner in respect of this transaction.

The purchaser may at settlement give the vendor a bank cheque for the amount in accordance with section 16-30 (3) of Schedule 1 to the Taxation Administration Act 1953 (Cth), but only if: (a)

so agreed by the vendor in writing; and

(b)

the settlement is not conducted through an electronic lodgement network.

However, if the purchaser gives the bank cheque in accordance with this general condition 25.9, the vendor must: (c)

immediately after settlement provide the bank cheque to the Commissioner to pay the amount in relation to the supply; and

(d)

give the purchaser a receipt for the bank cheque which identifies the transaction and includes particulars of the bank cheque, at the same time the purchaser gives the vendor the bank cheque.

25.10 A party must provide the other party with such information as the other party requires to: (a)

decide if an amount is required to be paid or the quantum of it, or

(b)

comply with the purchaser's obligation to pay the amount,

in accordance with section 14-250 of Schedule 1 to the Taxation Administration Act 1953 (Cth). The information must be provided within 5 business days of a written request. The party providing the information warrants that it is true and correct. 25.11 The vendor warrants that: (a)

at settlement, the property is not new residential premises or potential residential land in either case falling within the parameters of section 14-250 of Schedule 1 to the Taxation Administration Act 1953 (Cth) if the vendor gives the purchaser a written notice under section 14-255 to the effect that the purchaser will not be required to make a payment under section 14-250 in respect of the supply, or fails to give a written notice as required by and within the time specified in section 14-255; and

(b)

the amount described in a written notice given by the vendor to the purchaser under section 14-255 of Schedule 1 to the Taxation Administration Act 1953 (Cth) is the correct amount required to be paid under section 14-250 of the legislation.

25.12 The purchaser is responsible for any penalties or interest payable to the Commissioner on account of non-payment or late payment of the amount, except to the extent that: (a)

the penalties or interest arise from any failure on the part of the vendor, including breach of a warranty in general condition 25.11; or

(b)

the purchaser's reasonable belief that the property is neither new residential premises nor potential residential land requiring the purchaser to pay an amount to the Commissioner in accordance with section 14-250 (1) of Schedule 1 to the Taxation Administration Act 1953 (Cth)

The vendor is responsible for any penalties or interest payable to the Commissioner on account of non-payment or late payment of the amount if either exception applies.

Transactional 26.

TIME & CO OPERATION 26.1

Time is of the essence of this contract.

26.2

Time is extended until the next business day if the time for performing any action falls on a day which is not a business day.

26.3

Each party must do all things reasonably necessary to enable this contract to proceed to settlement, and must act in a prompt and efficient manner.

26.4

Any unfulfilled obligation will not merge on settlement.

27.

SERVICE 27.1

Any document required to be served by or on any party may be served by or on the legal practitioner or conveyancer for that party.

27.2

A cooling off notice under section 31 of the Sale of Land Act 1962 or a notice under general condition 20 [loan approval], 21 [building report] or 22 [pest report] may be served on the vendor’s legal practitioner, conveyancer or estate agent even if the estate agent’s authority has formally expired at the time of service.

27.3

A document is sufficiently served:

27.4

27.5

28.

(a)

personally; or

(b)

by pre-paid post; or

(c)

in any manner authorised by law or by the Supreme Court for service of documents, including any manner authorised for service on or by a legal practitioner; whether or not the person serving or receiving the document is a legal practitioner, or

(d)

by email.

Any document properly sent by: (a)

express post is taken to have been served on the next business day after posting, unless proved otherwise;

(b)

priority post is taken to have been served on the fourth business day after posting, unless proved otherwise;

(c)

regular post is taken to have been served on the sixth business day after posting, unless proved otherwise;

(d)

email is taken to have been served at the time of receipt within the meaning of section 13A of the Electronic Transactions (Victoria) Act 2000.

In this contract ‘document’ includes ‘demand’ and ‘notice’, ‘serve’ includes ‘give’ and ‘served’ and ‘service’ have corresponding meanings.

NOTICES 28.1

The vendor is responsible for any notice, order, demand or levy imposing liability on the property that is issued or made before the day of sale, and does not relate to periodic outgoings.

28.2

The purchaser is responsible for any notice, order, demand or levy imposing liability on the property that is issued or made on or after the day of sale that does not relate to periodic outgoings.

28.3

The purchaser may enter the property to comply with that responsibility where action is required before settlement.

29.

INSPECTION

The purchaser and/or another person authorised by the purchaser may inspect the property at any reasonable time during the 7 days preceding and including the settlement day.

30.

TERMS CONTRACT 30.1

30.2

31.

If this is a ‘terms contract’ as defined in the Sale of Land Act 1962: (a)

any mortgage affecting the land sold must be discharged as to that land before the purchaser becomes entitled to possession or to the receipt of rents and profits unless the vendor satisfies section 29M of the Sale of Land Act 1962; and

(b)

the deposit and all other money payable under the contract (other than any money payable in excess of the amount required to so discharge the mortgage) must be paid to a legal practitioner or conveyancer or a licensed estate agent to be applied in or towards discharging the mortgage.

While any money remains owing each of the following applies: (a)

the purchaser must maintain full damage and destruction insurance of the property and public risk insurance noting all parties having an insurable interest with an insurer approved in writing by the vendor;

(b)

the purchaser must deliver copies of the signed insurance application forms, the policies and the insurance receipts to the vendor not less than 10 days before taking possession of the property or becoming entitled to receipt of the rents and profits;

(c)

the purchaser must deliver copies of any amendments to the policies and the insurance receipts on each amendment or renewal as evidence of the status of the policies from time to time;

(d)

the vendor may pay any renewal premiums or take out the insurance if the purchaser fails to meet these obligations;

(e)

insurance costs paid by the vendor under paragraph (d) must be refunded by the purchaser on demand without affecting the vendor’s other rights under this contract;

(f)

the purchaser must maintain and operate the property in good repair (fair wear and tear excepted) and keep the property safe, lawful, structurally sound, weatherproof and free from contaminations and dangerous substances;

(g)

the property must not be altered in any way without the written consent of the vendor which must not be unreasonably refused or delayed;

(h)

the purchaser must observe all obligations that affect owners or occupiers of land;

(i)

the vendor and/or other person authorised by the vendor may enter the property at any reasonable time to inspect it on giving 7 days written notice, but not more than twice in a year.

LOSS OR DAMAGE BEFORE SETTLEMENT 31.1

The vendor carries the risk of loss or damage to the property until settlement.

31.2

The vendor must deliver the property to the purchaser at settlement in the same condition it was in on the day of sale, except for fair wear and tear.

19 31.3

The purchaser must not delay settlement because one or more of the goods is not in the condition required by general condition 31.2, but may claim compensation from the vendor after settlement.

31.4

The purchaser may nominate an amount not exceeding $5,000 to be held by a stakeholder to be appointed by the parties if the property is not in the condition required by general condition 31.2 at settlement.

31.5

The nominated amount may be deducted from the amount due to the vendor at settlement and paid to the stakeholder, but only if the purchaser also pays an amount equal to the nominated amount to the stakeholder.

31.6

The stakeholder must pay the amounts referred to in general condition 31.5 in accordance with the determination of the dispute, including any order for payment of the costs of the resolution of the dispute.

32.

BREACH A party who breaches this contract must pay to the other party on demand: (a)

compensation for any reasonably foreseeable loss to the other party resulting from the breach; and

(b)

any interest due under this contract as a result of the breach.

Default 33.

INTEREST

Interest at a rate of 2% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest Rates Act 1983 is payable at settlement on any money owing under the contract during the period of default, without affecting any other rights of the offended party.

34.

DEFAULT NOTICE 34.1

A party is not entitled to exercise any rights arising from the other party’s default, other than the right to receive interest and the right to sue for money owing, until the other party is given and fails to comply with a written default notice.

34.2

The default notice must: (a)

specify the particulars of the default; and

(b)

state that it is the offended party’s intention to exercise the rights arising from the default unless, within 14 days of the notice being given(i)

the default is remedied; and

(ii) the reasonable costs incurred as a result of the default and any interest payable are paid.

35.

DEFAULT NOT REMEDIED 35.1

All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid.

35.2

The contract immediately ends if:

35.3

35.4

(a)

the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and

(b)

the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice.

If the contract ends by a default notice given by the purchaser: (a)

the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and

(b)

all those amounts are a charge on the land until payment; and

(c)

the purchaser may also recover any loss otherwise recoverable.

If the contract ends by a default notice given by the vendor: (a)

the deposit up to 10% of the price is forfeited to the vendor as the vendor’s absolute property, whether the deposit has been paid or not; and

(b)

the vendor is entitled to possession of the property; and

(c)

in addition to any other remedy, the vendor may within one year of the contract ending either: (i)

retain the property and sue for damages for breach of contract; or

(ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d)

the vendor may retain any part of the price paid until the vendor’s damages have been determined and may apply that money towards those damages; and

(e)

any determination of the vendor’s damages must take into account the amount forfeited to the vendor.

20 35.5

The ending of the contract does not affect the rights of the offended party as a consequence of the default.

SPECIAL CONDITIONS DEFINITIONS In this Contract and the Vendor's Statement, capitalised terms have the meaning given to them in the Particulars of Sale, and, unless the context otherwise requires: "ASIC" means the Australian Securities & Investments Commission. “ATO” means the Australian Taxation Office. "Bank" means an authorised deposit-taking institution as defined in the Banking Act 1959 (Cth). “Bank Guarantee" means an unconditional and irrevocable bank guarantee issued by an Australian Bank: (1)

with a current and Poor rating of A minus or above; and

(2)

which maintains an office in Australia, in the event of default, the Vendor or the Vendor’s Lawyers can cash in the bank guarantee in Australia; and

(3)

which is in a form and on terms which are acceptable to the Vendor.

"Business Day" means a day other than a Saturday, Sunday or public holiday in Melbourne. "Claim" includes: (1)

any claim, objection, requisition, notice, demand, action, proceeding, litigation, investigation or judgment, whether based in contract, tort, statute or otherwise;

(2)

any delay in settlement or rescission or termination of this Contract or attempt to do so;

(3)

the Purchaser requiring the Vendor to take or refrain from taking any action; and

(4)

the Purchaser withholding any part of the Price.

"Clearance Certificate" means a certificate issued under section 14-220 of Schedule 1 to the TA Act. “Commissioner” has the meaning give in the TA Act. "Common Property" means the common property created or to be created upon registration of the Plan. “Community Infrastructure Levy” means the levy in an amount to be determined by Council from time to time payable to the Council prior to the issue of a building permit for the property. "Concept Plan" means the concept plans attached to the Vendor's Statement.

22 "Contaminant" includes all materials, pollutants, contaminants and substances that make or may make the Property: (1)

polluted as defined in the Environment Protection Act 1970 (Vic);

(2)

poisonous or noxious;

(3)

poisonous, noxious, offensive, harmful or potentially harmful to human beings, animals, birds or wildlife, plants or vegetation;

(4)

degraded in any way; or

(5)

not comply with any Law including any environmental Law.

"Contract" means this contract of sale of real estate, including the Particulars of Sale, General Conditions, Special Conditions, Schedules and annexures (if any) and attachments to this contract. "Corporations Act" means the Corporations Act 2001 (Cth). "Council" means City of Casey. “Default Interest" means interest calculated at the rate of 2% above the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic). "Deposit Bond" means an unconditional and irrevocable deposit bond issued by an issuer with a current Standard and Poor rating of A minus or above, and which maintains an office in Australia, in a form and on terms which are acceptable to the Vendor in its absolute discretion. "Design and Siting Guidelines" means the design and siting guidelines in the form or substantially in the form of those attached to the Vendor's Statement or as provided by the Vendor to the Purchaser from time to time. "Development Land" means all the land described or formerly described in certificates of title Volume 12229 Folio 412 and Volume 12309 Folio 704. "Due Date for Settlement" means the date provided for in the Particulars of Sale for payment of the Balance. "Due Diligence Checklist" means the due diligence checklist defined in Section 33A of the Sale of Land Act 1962 (Vic). “ECN Law” means the Electronic Conveyancing National Law (Victoria). "Environmental Law" means any Law relating to the environment or occupational, health and safety matters or regulating or imposing liability or standards of conduct concerning any substance or material. “Facilities” means the facilities and amenities which are intended to be constructed, provided or installed within the Residents Club which, subject to procuring the relevant approvals from the Relevant Authority, may include: (1)

A multi purpose room;

(2)

Gymnasium;

23 (3)

at least one (1) swimming pool; and

(4)

any other facilities or amenities.

"FIRB" means the Foreign Investment Review Board. "FIRB Application" means a notice of the Purchaser's intention to purchase the Property made and delivered pursuant to the Takeovers Act, in the prescribed form and in accordance with any current guidelines or policies regarding Australian foreign investment policy. “FIRB Approval” means the decision made by or on behalf of the Treasurer under the Takeovers Act to the effect that the Commonwealth Government does not object to the transactions contemplated by this Contract, either unconditionally or subject to conditions. "FIRB Approval Date" means the date which is 60 days after the Day of Sale. "Finished Surface Levels Plan" means the plan attached to the Vendor's Statement. "Foreign Interest" means a foreign person as defined in the Takeovers Act and includes a person deemed to be a foreign person pursuant to Section 54(7) of the Takeovers Act. "GAIC" means the growth areas infrastructure contribution pursuant to the GAIC Law. "GAIC Law" means Part 9B and any other applicable parts of the Planning and Environment Act 1987 (Vic) and any regulations in relation to GAIC. "GST" has the same meaning as defined in the GST Law and also includes penalties and interest. "GST Act" means the A New Tax System (Goods and Services Tax) Act 1999 (Cth). "GST Law" has the same meaning as defined in the GST Act. “GST Settlement Notification Form” means the notification given by the Purchaser to the Commissioner that an amount of GST was withheld at Settlement and paid to the Commissioner. “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. “GST Withholding Notice” means the 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. "General Conditions" means the general conditions included in this Contract. "Guarantee" means the guarantee and indemnity in the form attached to this Contract. "Guarantor" means the person(s) named in the Guarantee as guarantor.

24 "Insolvency Event" means any of the following events in relation to a party: (a)

the party assigns any of its property for the benefit of creditors or any class of them;

(b)

the party's interest in or under this Contract or in the subject matter of this Contract becomes attached or taken in execution or under any legal process;

(c)

an encumbrancee takes any step towards taking possession or takes possession of any assets of the party or exercises any power of sale;

(d)

the party ceases, suspends or threatens to cease or suspend the conduct of a majority of its business, or disposes of or threatens to dispose of its assets, except for the purposes of a solvent reconstruction or amalgamation previously approved by the other party;

(e)

any security interest becomes enforceable or is enforced against the party;

(f)

a distress, attachment or other execution is levied or enforced against the party in excess of $10,000;

(g)

the party has a judgment or order given against it in an amount exceeding $10,000 (or the equivalent in another currency) and that judgment or order is not satisfied or quashed or stayed within 20 Business Days after being given;

(h)

the party takes any step to obtain protection or is granted protection from its creditors under any applicable legislation;

(i)

a resolution is passed by the party to appoint an administrator or an administrator of the party is appointed;

(j)

an order is made that the party be wound up;

(k)

an order is made appointing a liquidator or a provisional liquidator of the party;

(l)

the party resolves to wind itself up or otherwise dissolve itself, or gives notice of its intention to do so, except for the purposes of a solvent reconstruction or amalgamation previously approved by the other party, or is otherwise wound up or dissolved; an order is made, or a resolution is passed for the party to enter into any arrangement, compromise or composition with or assignment for the benefit of its creditors or any class of them, except for the purposes of a solvent reconstruction or amalgamation previously approved by the other party;

(m)

the party is, or states that it is, or under applicable legislation is taken to be, unable to pay its debts (other than as a result of a failure to pay a debt or claim the subject of a dispute in good faith) or stops or suspends or threatens to stop or suspend payment of all or a class of its debts;

(n)

a receiver, receiver and manager, administrator, controller or similar officer of any of the assets or the whole or any part of the undertaking of the party is appointed;

(o)

the party is or makes a statement from which it may be reasonably deduced by the other party that the party is the subject of an event described in section 459C(2) of the Corporations Act;

(p)

any event that is analogous or having a substantially similar effect to any of the events specified in this definition; or

(q)

the party, being an individual, commits an act of bankruptcy or becomes insolvent;

(r)

the party dies or ceases to be of full legal capacity or otherwise becomes incapable of managing the party’s own affairs.

25 "Interest" means interest earned on the Deposit less any taxes, duties, fees, costs and charges. "Land Tax" means any land tax payable under the Land Tax Act 2005. "Law" means any law, rule, Act, ordinance, regulation, by-law, local law, order, statutory instrument, control, restriction, direction, notice or proclamation and includes the requirements of any municipal or statutory body or any permit, planning scheme, precinct structure plan, or approval affecting the Land. "Loss" means any liability, charge, claim, loss, damage, expense or cost including any legal costs on a solicitor/client basis. “Online Duties Form” means the digital form introduced and imposed by the SRO for the purpose of assessment of duty on transfers of land. “OptiComm Building Ready Specifications” means Opticom Co Pty Ltd’s standard specifications for connecting a dwelling to the fibre optic network, copies of which are as provided by the Vendor or as otherwise available at www.opticom.net.au. as amended from time to time. "Outgoings" means any rates, taxes, assessments and other outgoings (including insurance premiums and fees of the Owners Corporation but excluding Land Tax) which apply to the Land. "Owners Corporation" means Owners Corporation, which will be created upon registration of the Plan . "Owners Corporation Costs" includes: (1)

the cost of the Owners Corporation and/or the Owners Corporation Manager carrying out all the duties and functions required by Law to be carried out by the Owners Corporation; and

(2)

the cost of the Owners Corporation Manager generally carrying out all the duties and functions required by the Owners Corporation.

“Owners Corporation Manager” means the manager appointed by the Owners Corporation to be its manager pursuant to section 119 of the Owners Corporation Act 2006 (Vic). "Owners Corporation Rules" means the general rules and additional rules of the Owners Corporation in the form or substantially in the form of the draft rules annexed to the Vendor's Statement, and includes any variations to those rules as notified by the Vendor to the Purchaser in writing from time to time before the Settlement Date. "Particulars of Sale" means the particulars of sale in this Contract. "Personal Information" has the meaning given to it in the Privacy Act. "Plan" means plan of subdivision PS842537H/S22 a copy of which is annexed to the Vendor's Statement, and where appropriate, includes any future stages of this plan. "Planning Controls" means the planning scheme, overlays, planning permits and other planning controls imposed by any Law or any regulation of any Relevant

26 Authority which apply to, from time to time, the use or development of the Land or the Development Land, including the Clyde Creek Precinct Structure Plan. "Planning Permit" means planning permit PinA00517-19 issued by Council dated 7 August 2020 or any other planning permit issued for the use and/or development of the Development Land, or any part of the Development Land of which the Land is a part, issued by the Council (as amended from time to time). "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: (1)

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

(2)

the Australian Privacy Principles under the Privacy Act.

"Property" means the Land and any improvements on the Land. “Proposed Residents Club Site” means the site upon which the Residents Club is intended to be built, proposed approximate location of which is as indicated in the Concept Plan. “Purchaser Withholding Notification Form” means the notification that the Purchaser is required to make in the approved form under section 16-150(2) of Schedule 1 to the TA Act. "Purchaser's Warranties" means the Purchaser's warranties referred to in Special Condition 17.1. “Registrar” means the Registrar of Titles of Victoria. "Related Body Corporate" means the same as "Related Body Corporate" in the Corporations Act. "Relevant Authority" means any: (1)

government or government department or other body;

(2)

governmental, semi-governmental, municipal, administrative, statutory or judicial person, body or authority including those having power to control or regulate the registration of the Plan, the development of the Development Land or the Residents Club generally, and includes any referral authority pursuant to the Subdivision of Land Act (Vic) 1988 whether or not that referral authority is acting in that capacity;

(3)

a person (whether autonomous or not) charged with administration of any applicable Law.

"Replacement Restrictive Covenant" means the restrictive covenant created or to be created pursuant to Special Condition 35. "Representatives" means all attorneys, employees, agents, officers and successors in title of the relevant party.

27 “Residential Lot” means a lot on the Plan which is owned by the Vendor, and which has been sold, or which is intended to be sold by the Vendor to a purchaser for the purpose of that purchaser building a dwelling on the lot. “Residents Club” means “Allendale Residents Club” including the Facilities, and which is to be built by the Vendor on the Proposed Residents Club Site. "Restrictions" means the restrictions, building envelopes, and the building envelope profiles forming part of the Plan, some or all of which may be included in memorandum of common provisions which may be incorporated into the Plan. If Replacement Restrictive Covenants are required, then such covenants also constitute Restrictions. "Sales Material" means any marketing and/or sales publications, price lists, Concept Plans, any other plans, and advertisements issued by or on behalf of the Vendor or any Related Body Corporate. "Schedule" means a schedule to this Contract. "Section173 Agreement" means an agreement under section173 of the Planning and Environment Act 1987 (Vic). "Settlement" means: (1)

(2)

the provision of: (a)

vacant possession; or

(b)

receipt of the rents and profits of the Property to the Purchaser; and the acceptance of title and payment by the Purchaser of the Price and all other money due to the Vendor under this Contract.

"Settlement Date" means the date Settlement occurs. "Special Conditions" means the special conditions included in this Contract. “SRO” means the Victorian State Revenue Office. “Subscriber” means a subscriber for the purposes of the ECN Law. "TA Act" means the Taxation Administration Act 1953 (Cth). "Takeovers Act" means the Foreign Acquisitions and Takeovers Act 1975 (Cth) and includes any policies published by FIRB from time to time. "Transfer" means the instrument of transfer of land to the Purchaser. "Treasurer" means the Treasurer of the Commonwealth of Australia, or such other person or entity authorised to make a decision under the Takeovers Act with respect to the Purchaser's acquisition of the Property. "Vendor's Lawyers" means Duffy & Simon Lawyers, 13 John Street, Pakenham 3810.

28 "Vendor's Statement" means the statement made by the Vendor under section 32 of the Sale of Land Act 1962 (Vic), a copy of which is attached to this Contract. “Workspace” means an electronic workspace generated by the Electronic Lodgement Network (as defined under the ECN Law). INTERPRETATION In this Contract, unless the context otherwise requires: A reference to (1)

any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any statutory instrument issued under, that legislation or legislative provision;

(2)

the singular includes the plural and vice versa;

(3)

an individual or person includes a corporation, firm, Relevant Authority, government or government authority and vice versa;

(4)

any gender includes the other genders;

(5)

a party to this Contract includes that party's executors, administrators, successors and permitted assigns;

(6)

a condition, annexure or Schedule is a reference to a condition, annexure or Schedule of this Contract;

(7)

including and singular expressions are not words of limitation; and

(8)

headings are for convenience and reference only and do not affect the meaning or interpretation of this Contract.

Any obligation on the part of two or more persons under this Contract binds all of them jointly and each of them severally, unless expressed to be only several. The obligations imposed and the benefits conferred under this Contract on each of the parties are binding upon and ensure for the benefit of the respective parties and each of their respective successors in title, legal personal representatives and permitted assigns. If an act must be done on a specified day, which is not a Business Day, the act must be done on the Business Day immediately after that specified day. If a provision is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable, and the validity and enforceability of the remaining provisions of the Contract will not be affected. GENERAL CONDITIONS DELETED OR AMENDED General Condition 3 (Guarantee) is deleted and replaced with Special Condition 4. General Condition 4 (Nominee) is deleted and replaced with Special Condition 5.

29 General Conditions -10.1 (Transfer and Duty) and 17.2 (Settlement) are deleted and replaced with Special Condition 15. General Condition 12 (Building warranty insurance) is deleted. General Conditions 14.1, 14.2 and 14.5 (Deposit) are deleted and replaced with Special Condition 7. General Conditions 15 (Deposit Bond) and 16 (Bank Guarantee) should be deleted and replaced with Special Condition 8. General Condition 19 (GST) is deleted and replaced with Special Condition 18.5 General Condition 20 (Loan) is deleted and replaced with Special Condition 9. General Conditions 21 (Building Report), 22 (Pest Report) and 30 (Terms Contract) are deleted. General Condition 23 (Adjustments) is deleted and replaced with Special Condition 21. General Condition 26.2 (Time & Co Operation) is deleted and replaced with Special Condition 53. General Condition 28 (Notices) is deleted and replaced with Special Condition 23. General Condition 29 (Inspection) is deleted and replaced with Special Condition 52. General Condition 31 (Loss or damage before Settlement) is deleted and replaced with Special Condition 11. General Conditions 32 (Breach) and 33 (Interest) are deleted and replaced with Special Condition 10. General Condition 35.4(a) is deleted and replaced with the following: “an amount equal to 10% of the price is forfeited to the vendor as the vendor’s absolute property.” GUARANTEE Corporate purchaser If the Purchaser is or includes a corporation or trustee, or the Purchaser wishes to nominate another party to be the substitute or additional purchaser and that party is or includes a corporation or a trustee, the Purchaser must deliver to the Vendor the Guarantee: (1)

at the same time as the Purchaser executes this Contract; or

(2)

at the same time as the Purchaser nominates another party to be the substitute or additional purchaser.

Exclusions Special Condition 4.1 does not apply if the shares of the corporation are listed on the Australian Stock Exchange Ltd.

30 Execution of Guarantee (1)

Where the Purchaser or a nominee of the Purchaser is or includes a corporation, the Guarantee must be executed by all of the directors of the Purchaser and of any nominee of the Purchaser.

(2)

Where the Purchaser is or includes a corporate trustee, the Guarantee must be executed by all directors of the corporate trustee and the principal beneficiaries of the trust.

(3)

Where the Purchaser is or includes a trustee, the Guarantee must be executed by the trustee and the principal beneficiaries of the trust.

Failure to provide Guarantee If the Purchaser does not deliver the Guarantee as required by this Special Condition within the time set out in Special Condition 4.1, the Vendor may rescind this Contract and retain the Deposit and any Interest. NOMINATION Nomination (1)

The Purchaser must not: (a)

nominate a substitute or additional purchaser; or

(b)

assign this Contract or any right under it,

except as provided for in this Special Condition. (2)

The Purchaser must not nominate a Foreign Interest unless that Foreign Interest has already obtained approval from FIRB to be bound by this Contract by nomination.

Removal of any common law right to nominate Any common law right to effect a nomination is expressly excluded from this Contract. The Purchaser acknowledges and agrees that this Special Condition set out the only ability for the Purchaser to effect any nomination. Timing and process The Purchaser may nominate a substitute or additional purchaser if the Purchaser, at the Purchaser's expense: (1)

gives the Vendor notice in writing of the Purchaser's intention at least 10 days before the Due Date for Settlement;

(2)

complies with Special Conditions 4 and 5; and

(3)

documents and completes the nomination or substitution to the reasonable satisfaction of the Vendor.

31 Disclosure and indemnity (1)

The original Purchaser and any substitute or additional purchaser must fully and truthfully disclose the details of the substitution to the SRO or other Relevant Authority.

(2)

The original Purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.

(3)

The original Purchaser and any substitute or additional purchaser must indemnify hold harmless and keep indemnified the Vendor against any Loss or Claim that the Vendor, the Representatives of the Vendor or the Vendor's Lawyers pay, suffer, incur or are liable for as a result of any breach of this Special Condition 5.

Continuation of acts The acts and omissions of the Vendor and the original Purchaser continue to bind the Vendor and the nominee respectively. The Vendor must treat the Deposit paid by the original Purchaser as Deposit money paid by the nominee. ACKNOWLEDGMENTS BY PURCHASER Sale of Land Act 1962 (Vic) (1)

The Purchaser received a copy of the Vendor's Statement before signing the Contract.

(2)

The Purchaser acknowledges and agrees that a Due Diligence Checklist was made available to the Purchaser from the time the Land was offered for sale in the manner described in section 33B(6) of the Sale of Land Act 1962 (Vic).

Estate Agents Act 1980 (Vic) (1)

The Purchaser received a copy of the Contract before paying a deposit or signing the Contract or any other document in relation to the Purchaser's purchase of the Property.

(2)

Neither the Vendor nor any person on behalf of the Vendor has made any promise to the Purchaser about obtaining a loan to defray some or all of the Price.

DEPOSIT Payment The Purchaser must pay the Deposit to the Vendor's Lawyers to be held by the Vendor's Lawyers in trust as a stakeholder for the parties until the earlier of: (1)

the Settlement Date; or

(2)

the release of the Deposit under the Sale of Land Act 1962 (Vic).

32 Investment The Vendor and Purchaser authorise the Vendor's Lawyers to lodge the Deposit (at the option of the Vendor's Lawyers) either: (1)

with a Bank as an unsecured deposit in the name of the Vendor's Lawyers in its capacity as stakeholder in a controlled money account authorised by the Legal Profession Uniform Law (Victoria); or

(2)

in the general trust account of the Vendor's Lawyers.

Entitlement to Deposit The Interest is the absolute property of the Vendor unless the Purchaser becomes entitled to a refund of the Deposit. If the Purchaser becomes entitled to a refund of the Deposit, the Purchaser also becomes entitled to the Interest. Giving effect to this Special Condition The Vendor and Purchaser must do all things necessary, including providing the relevant tax file numbers, to enable the Vendor's Lawyers to do the following: (1)

open the account specified in Special Condition 7.2(1); and

(2)

withdraw the Deposit and the Interest.

Deposit release authorisation Where the Purchaser is deemed by section 27(7) of the Sale of Land Act 1962 (Vic) to have given the deposit release authorisation referred to in section 27(1) of that Act, the Purchaser is also deemed to have accepted title in the absence of any prior express objection to title. DEPOSIT BY BANK GUARANTEE OR DEPOSIT BOND Payment by Bank Guarantee or Deposit Bond The Deposit must be paid by the Purchaser in cash or by cheque drawn on an Australian Bank. However, if the Vendor agrees, payment of all or part of the Deposit may be secured by means of: (1)

a Bank Guarantee; or

(2)

a Deposit Bond.

Payment at Settlement If the Purchaser secures payment of the Deposit or any part of it by way of a Bank Guarantee or Deposit Bond in accordance with Special Condition 8.1, then, Settlement must take place on the basis that the Purchaser must pay to the Vendor 100% of the Price (less any amount of the Deposit paid in cash or by cheque) by way of cash or bank cheque in accordance with the terms of this Contract. Upon receipt of the cash or bank cheque at Settlement, the Vendor must return to the Purchaser the Bank Guarantee or Deposit Bond (as the case may be).

33 Term of Bank Guarantee or Deposit Bond If the Purchaser secures payment of all or part of the Deposit by way of a Bank Guarantee or a Deposit Bond, the term of the Bank Guarantee or Deposit Bond must be for a period of at least 39 months from the Day of Sale. Replacement Bank Guarantee or Deposit Bond If the Vendor, in its absolute discretion, accepts a Deposit Bond or Bank Guarantee that has an expiry date which is less than 39 months from the Day of Sale, the Purchaser must deliver a replacement Deposit Bond or Bank Guarantee to the Vendor no later than 45 days before the expiry date. Insolvency of issuer Should an Insolvency Event occur in relation to the party who has issued the Deposit Bond or Bank Guarantee, the Purchaser must deliver a replacement Deposit Bond or Bank Guarantee to the Vendor within 7 days of the Vendor's request for such a replacement. Purchaser's default Subject to General Condition 34, if the Purchaser is in default under any provision of this Contract and does not remedy the default, then, the Vendor will be entitled to: (1)

rescind this Contract; and

(2)

exercise its rights under the Bank Guarantee or Deposit Bond (as the case may be).

For the avoidance of doubt, the Vendor confirms that it may only exercise its rights under the Bank Guarantee or Deposit Bond if the Contract has been rescinded. Compliance with Sale of Land Act 1962 The Vendor and Purchaser agree that the monies paid out from the Bank Guarantee or Deposit Bond, including any replacement of that Bank Guarantee or Deposit Bond, are deemed to form all or part (as the case may be) of the cash Deposit under this Contract, and must be dealt with in accordance with the terms of this Contract and the Sale of Land Act 1962 (Vic). LOAN Contract subject to loan approval If the Particulars of Sale specify that this Contract is subject to a loan being approved, this Contract is subject to the Lender approving the loan on the security of the Property by the Approval Date or any later date allowed by the Vendor. Loan not approved The Purchaser may end the Contract if the loan is not approved by the Approval Date, but only if the Purchaser: (1)

immediately applied for the loan; and

34 (2)

did everything reasonably required to obtain approval of the loan; and

(3)

serves written notice ending the Contract on the Vendor on or before the Approval Date or any later date allowed by the Vendor ("Notice"); and

(4)

attaches to the Notice written evidence from the Lender which: (a)

is dated and on the Lender's letterhead;

(b)

identifies the Purchaser and the Property; and

(c)

sets out the Loan Amount applied for and states that the loan has not been approved; and

(5)

is not in default under any other condition of this Contract when the Notice is given.

Refund of Deposit All monies paid by the Purchaser must be immediately refunded to the Purchaser if the Contract is ended in accordance with this Special Condition. DEFAULT Costs on default If the Purchaser breaches this Contract, without limiting any other rights or remedies the Vendor may have against the Purchaser, the Purchaser must pay or reimburse the Vendor on demand: (1)

all costs, charges and expenses incurred, whether directly or indirectly, by the Vendor as a result of the breach, including any legal costs on a solicitor and client basis; and

(2)

any other money payable under this Contract.

Interest on default If the Purchaser defaults in payment of any money due under this Contract, the Purchaser must pay to the Vendor Default Interest on the money overdue during the period of default without the need for any demand and without prejudice to any other rights of the Vendor. Insolvency (1)

If an Insolvency Event occurs in respect of the Purchaser, a Guarantor or a Related Body Corporate of the Purchaser, without limiting any other rights or remedies the Vendor may have against the Purchaser or the Guarantor, the Vendor may rescind this Contract and retain the Deposit and any Interest.

(2)

Any Insolvency Event in relation to the Vendor does not constitute a breach of this Contract. If a Vendor dies, the Vendor and any of the Vendor’s successors may extend Settlement until such time as is required to obtain the required authorisations from any

35 beneficiary of the deceased Vendor to the sale of the Property on the terms of this Contract and the Vendor will not be in default for doing so. CONDITION, RISK, IDENTITY AND USE OF PROPERTY Condition (1)

The Purchaser buys the Property in its condition on the Day of Sale.

(2)

The Purchaser carries the risk of Loss or damage to the Property from the Day of Sale.

(3)

The Purchaser relied on its own enquiries about the nature, quality and condition of the Property (including any fill or the extent of any fill on the Property) in entering into this Contract.

(4)

If any buildings or improvements fail to comply with any applicable Law, this does not constitute a defect in the Vendor's title, or affect the validity of this Contract.

No warranty (1)

The Vendor and the Representatives of the Vendor make no representation or warranty: (a)

that the Property as offered for sale is identical with that described in the Particulars of Sale;

(b)

that the improvements are constructed on or inside the boundaries of the Land;

(c)

that any improvements owned by third parties do not encroach onto the Land;

(d)

that any boundary fences or walls are correctly located on the title boundaries of the Land;

(e)

that the Property may be used for any particular purpose;

(f)

that the Property complies with any applicable Laws;

(g)

as to any financial return or income derived or to be derived from the Property; and

(h)

as to the condition of the Property or their suitability or fitness for any particular purpose.

(2)

The Vendor makes no representation or warranty as to whether: (a)

any Contaminants are present or exist in, on or adjacent to the Property;

(b)

any Contaminants have migrated from the Property;

36 (c)

the previous use of the Property resulted in the presence on the Property of any Contaminant;

(d)

to the extent that any Contaminant is present on or around the Property, it limits or affects the use or development of the Land;

(e)

that the Property complies with all Laws, including any Environmental Law and the requirements of any Relevant Authority in respect of any Contaminants.

Acknowledgment The Purchaser buys the Property subject to: (1)

any faults or defects;

(2)

any notices or orders disclosed in the Vendor's Statement or otherwise;

(3)

any Restrictions or conditions on their use or development imposed by any Law or Relevant Authority; and

(4)

any applicable Law.

Independent assessment (1)

The Purchaser inspected and made an independent assessment of the following: (a)

the Property;

(b)

the Contract and the Vendor's Statement;

(c)

any applicable Law concerning this Contract;

(d)

any Planning Controls or any Planning Permits affecting the Property; and

(e)

any other agreement, contract, document, correspondence and other information available or provided to the Purchaser or any Representative of the Purchaser.

(2)

The Purchaser made an independent assessment of the financial implications of the matters referred to in Special Condition (1) and is satisfied with those matters. The Purchaser had regard to the Purchaser's particular circumstances in making this assessment. The Vendor is not aware of the Purchaser's particular circumstances.

(3)

The Purchaser obtained or had the opportunity to obtain independent legal and financial advice prior to signing the Contract.

(4)

The Purchaser warrants that the Purchaser entered into this Contract as a result of the Purchaser's own inspection and enquiries and subject to all Contaminants (if any) which may be on the Property.

37 (5)

The Purchaser has not relied on, and has not been induced to enter into this Contract by any representations or warranties made or purportedly made by the Vendor including those concerning the matters referred to in Special Condition 11.2(1) and 11.2(2).

Assumption of risk The Purchaser assumes full liability and responsibility from the Day of Sale for the following: (1)

any Contaminants in, on or adjacent to the Property;

(2)

any Contaminants that have migrated from the Property; and

(3)

complying with all Laws, including any Environmental Law and the requirements of any Relevant Authority in respect of any Contaminants.

No reliance or inducement The Purchaser has not relied on or been induced to enter into the Contract by any representations or warranties (whether express or implied) about the matters referred to in this Special Condition, including the following: (1)

the fitness or suitability of the Property for any purpose;

(2)

any financial return or income derived or to be derived from the Property; or

(3)

the state of repair of the Property.

Release The Purchaser releases the Vendor and the Vendor's Representatives from any Loss or Claim that the Purchaser or the Purchaser's Representatives may, directly or indirectly, suffer, incur, pay or are liable for which results in any way from the existence of any Contaminant on or emanating from the Property including any actions based on injury to any person, corporation, property or segment of the environment. Indemnity The Purchaser must indemnify, hold harmless and keep indemnified the Vendor and the Vendor's Representatives against any Loss or Claim that the Vendor or the Representatives of the Vendor may, directly or indirectly, suffer, incur, pay or are liable for which results in any way from the existence of any Contaminant on or emanating from the Property including any actions based on injury to any person, corporation, property or segment of the environment. Draft contract The Purchaser acknowledges that this Contract may vary from any draft contract which may have been provided to the Purchaser before the Purchaser signed this Contract. The Purchaser confirms that the Purchaser is satisfied as to the contents of this Contract.

38 Planning permit requirements The Purchaser acknowledges that the operation of the applicable planning scheme and overlays may require, among other things, a planning permit for the construction of a building or to carry out works on the Land. The Purchaser acknowledges having read and being satisfied as to the requirements of the relevant planning scheme, including all applicable overlays, and all other relevant legislation and regulations regarding the Purchaser's intended use of the Land. No Claim The Purchaser must not: (1)

make any Claim by reason of any matter arising out of or in connection with any part of this Special Condition; or

(2)

require the Vendor to pay all or any part of the cost of making any alteration to the Property to ensure it is fit for any particular purpose, are free from defect or comply with any applicable Law.

FOREIGN INVESTMENT Warranty Unless the Purchaser has stated in the Particulars of Sale that the Purchaser is a Foreign Interest, the Purchaser warrants that the Purchaser has not breached the Takeovers Act by entering into this Contract. Consequences If the warranty in Special Condition 12.1 is untrue: (1)

the Vendor may rescind this Contract and retain the Deposit and any Interest; and

(2)

the Purchaser must indemnify hold harmless and keep indemnified the Vendor against any Loss or Claim that the Vendor suffers, incurs or is liable for as a result of any breach of Special Condition 12.1.

FIRB APPROVAL Condition subsequent If the Purchaser: (1)

has stated in the Particulars of Sale that the Purchaser is a Foreign Interest; and

(2)

has not, as at the Day of Sale, procured approval from the Treasurer to permit the Purchaser to buy the Property,

then this Contract is subject to the condition subsequent that on or before 5.00pm on the FIRB Approval Date: (3)

FIRB Approval is granted; or

39 (4)

the Treasurer is no longer empowered to make an order or decision under the Takeovers Act concerning the acquisition of the Property.

Application by Purchaser The Purchaser must: (1)

submit the FIRB Application and pay all applicable fees in connection with the FIRB Application within 7 days from the Day of Sale;

(2)

produce evidence to the Vendor that the Purchaser has delivered, the FIRB Application to the Treasurer within 7 days from the Day of Sale;

(3)

promptly do all things required by the Treasurer or which, in the Vendor’s opinion, are desirable to satisfy Special Condition 13.1;

(4)

not withdraw the FIRB Application or do anything which may jeopardise satisfaction of Special Condition 13.1; and

(5)

use its best endeavours to satisfy Special Condition 13.1 as soon as possible.

Vendor to be kept informed The Purchaser must keep the Vendor informed of the progress of the FIRB Application and promptly deliver to the Vendor copies of: (1)

the FIRB Application and all relevant documents;

(2)

all amendments or variations to the FIRB Application;

(3)

all communications received or transmitted by the Purchaser concerning the FIRB Application including, without limitation, written details of all verbal communications; and

(4)

all orders or decisions made by the Treasurer.

Vendor may communicate with Treasurer The Vendor may communicate with the Treasurer about the FIRB Application and any order or decision of the Treasurer concerning it. The Purchaser must provide the Vendor with all things required by the Vendor to enable the exercise of its rights under this Special Condition 13.4. Failure of condition If on or before the FIRB Approval Date the Treasurer: (1)

makes an order prohibiting the Purchaser’s acquisition of the Property;

(2)

makes a decision that the Treasurer objects to entry into this Contract by the Purchaser; or

40 (3)

extends the examination period for the FIRB Application beyond the FIRB Approval Date by issuing an interim order under section 68 of the Takeovers Act;

then the Purchaser may, within 4 days after the FIRB Approval Date, terminate this Contract by written notice to the Vendor. In that event, all moneys paid by the Purchaser under this Contract must be refunded to the Purchaser. If the Purchaser does not terminate this Contract within 4 days after the FIRB Approval Date, the Vendor may, at any time after the FIRB Approval Date, but before the Purchaser provides evidence that FIRB has granted its approval to the FIRB Application, terminate this Contract by notice in writing to the Purchaser. In that event, and subject always to Special Condition 13.7, all moneys paid by the Purchaser under this Contract must be refunded to the Purchaser. Where conditional approval given (1)

The Purchaser acknowledges that the Treasurer may grant approval to the FIRB Application subject to a condition to the effect that the Purchaser builds or causes a dwelling to be built and completed on the Property within specified time frames. The Purchaser confirms and agrees that such a condition is a condition which is satisfactory and acceptable to the Purchaser.

(2)

If the Treasurer makes a conditional order or approval with conditions that are satisfactory to the Purchaser, then the Purchaser must use its best endeavours to comply with the conditions.

Breach by Purchaser For the avoidance of doubt, the parties confirm and agree that if: (1)

the Purchaser breaches any part of Special Condition 13.2 or 13.3; or

(2)

due to any action or inaction by the Purchaser, the FIRB Application is not lodged within 7 days after the Day of Sale; or

(3)

the circumstances described in Special Conditions 13.5(1), 13.5(2), or 13.5(3) apply as a result of the Purchaser’s action or inaction; or

(4)

the Purchaser would, for any reason whatsoever, be in breach of the Takeovers Act by entering into this Contract or by effecting Settlement;

then the Vendor will be entitled to immediately terminate this Contract by notice in writing to the Purchaser. In that event, the Purchaser will not be entitled to a refund of the monies paid by the Purchaser, and such monies will instead be forfeited to the Vendor. Provide evidence at Settlement If this Contract is to proceed to Settlement, the Purchaser must, at or before Settlement, or within 3 days of the Vendor’s demand, provide written evidence to the Vendor that FIRB Approval has been granted. If the Purchaser fails to comply with this Special Condition 13.8, the Purchaser is in default under this Contract.

41 Indemnity The Purchaser indemnifies the Vendor against any Loss or Claim that the Vendor suffers, incurs or is liable for as a result of any breach of any provision of this Special Condition 13. PURCHASER’S WARRANTIES CONCERNING FUNDS Source of funds The Purchaser represents and warrants that: (1)

the Purchaser is not illegally transferring funds from the People’s Republic of China (“PRC”) to pay the Deposit;

(2)

at Settlement, the Purchaser is not and will not be illegally transferring funds from PRC to pay the balance of the Price; and

(3)

the Purchaser has access to sufficient funds in a location outside of the PRC to enable the Purchaser to pay the balance of the Price at Settlement.

Compliance with anti-money laundering sanctions and Laws The Purchaser represents and warrants that by entering into this Contract and the transactions contemplated by this Contract, the Purchaser is not in breach of: (1)

any applicable Laws in the PRC; and/or

(2)

any other legal prohibitions on money laundering, trade control and sanctions, which are applicable to the performance of this Contract (including by virtue of the place of domicile or operations of the parties to this Contract and/or their respective Related Bodies Corporate).

SETTLEMENT AND TRANSFER Settlement (1)

The parties must effect Settlement on or before 3.00pm on the Due Date for Settlement at a time nominated by the Vendor.

(2)

If Settlement takes place on the Due Date for Settlement but at a time after 3.00pm, Settlement is deemed to have taken place on the next Business Day. The Purchaser is taken to have defaulted in payment of the Price unless it is solely due to the default of the Vendor that Settlement takes place after 3.00pm on the Due Date for Settlement.

Transfer The Purchaser must prepare the Transfer and deliver the Transfer to the Vendor's Lawyers at least 10 Business Days before the Due Date for Settlement. If the Purchaser fails to do so:

42 (1)

the Vendor may elect not to effect Settlement until 10 Business Days after the date on which the Vendor's Lawyers receive the Transfer; and

(2)

the Purchaser is taken to have defaulted in payment of the Balance of the Price and must, at Settlement, pay Default Interest under this Contract to the Vendor from the Due Date for Settlement until the Settlement Date.

Failed Settlement Notwithstanding anything else contained in this Contract, the Purchaser must pay the Vendor's Lawyers (and the Vendor's mortgagee, where applicable) all costs occasioned by the failure to settle at the appointed time where such failure is caused by the Purchaser, or the Purchaser's Legal Practitioner or mortgagee, and where a settlement has to be rescheduled and takes place at a different time than that appointed. The Purchaser must pay these costs even though the Purchaser may not be deemed to be in default under this Contract. CONFIDENTIALITY No disclosure The parties must ensure that this Contract and all the information exchanged between the parties in connection with this Contract whether before or after the Day of Sale is kept confidential to them and is not disclosed to any person except: (1)

to the party's legal practitioners, consultants or other persons if it is necessary to enable the parties to perform their obligations under the Contract; and

(2)

to the extent required in connection with legal proceedings relating to the Contract; and

(3)

to the extent that the information is available for inspection on a public register other than as a result of a breach of confidence by either party;

(4)

to the minimum extent required by Law or regulation of the Australian Stock Exchange Ltd or generally accepted accounting principles and practices; and

(5)

as provided for in this Contract; or

(6)

with the prior written consent of the other party.

Third parties A party disclosing information under Special Condition 16.1 must use the party's reasonable endeavours to ensure that the person receiving the confidential information does not disclose the information except in the circumstances permitted under Special Condition 16.1. PURCHASER'S WARRANTIES Warranties

43 The Purchaser represents and warrants that from the Day of Sale up to and including the Settlement Date: (1)

if the Purchaser is a company, it is a company limited by shares under the Corporations Act;

(2)

this Contract constitutes binding obligations, enforceable against the Purchaser under its terms;

(3)

the Purchaser has full legal capacity and power to enter into and perform the Purchaser's obligations under this Contract;

(4)

all conditions and things required by any applicable Law to be done in order to enable the Purchaser to lawfully to enter into and perform the Purchaser's obligations under this Contract have been done;

(5)

the entry into and performance of this Contract does not or will not: (a)

contravene any applicable Law to which the Purchaser or any of the Purchaser's property is subject;

(b)

contravene any approval, authorisation, consent or exemption required by any applicable Law;

(c)

contravene any undertaking or instrument binding on the Purchaser or any of the Purchaser's property; or

(d)

if the Purchaser is a company, contravene any provisions of the Purchaser's constitution.

Vendor's investigations (1)

The Purchaser's Warranties will not be modified, discharged, extinguished or affected by any investigation made or information acquired by or on behalf of the Vendor.

(2)

The Purchaser's Warranties are continuing warranties and do not merge on Settlement but remain in full force and effect.

Reliance The Purchaser acknowledges that the Vendor entered into this Contract in reliance on the Purchaser's Warranties. Prompt disclosure of breach The Purchaser must immediately disclose to the Vendor anything which may arise or become known to the Purchaser before Settlement that is a breach of or is inconsistent with any of the Purchaser's Warranties. Indemnity The Purchaser must indemnify hold harmless and keep indemnified the Vendor against any Loss or Claim that the Vendor suffers, incurs or is liable for as a result of any breach of this Special Condition 17.

44 GST Any reference in this clause to a term defined or used in the A New Tax System (Goods and Services Tax) Act 1999 is, unless the context indicates otherwise, a reference to that term as defined or used in that Act. Unless expressly excluded, the consideration for any taxable supply made by a party under or in connection with this Contract includes GST. The Vendor and the Purchaser agree that the Margin Scheme shall be applied in calculating the amount of any GST payable in respect of any supply made under this Contract. The Purchaser acknowledges that no entitlement arises to an input tax credit in relation to any supply made under this Contract, for which the GST has been calculated pursuant to the Margin Scheme. GST Withholding (1)

The Vendor must use all reasonable endeavours to give a GST Withholding Notice to the Purchaser at least 5 Business Days before Settlement.

(2)

If the GST Withholding Notice specifies 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 Settlement.

(3)

If the Purchaser pays the GST Withholding Amount in accordance with this Special Condition 18, the Vendor will not be entitled to delay Settlement or refuse to effect Settlement.

(4)

The Vendor must notify the Purchaser whether the GST Withholding Amount must be paid by way of: (a)

bank cheque in accordance with Special Condition 18.5(6);

(b)

immediately available funds in accordance with Special Condition 18.5(7); or

(c)

on-line conveyancing facility in accordance with Special Condition 18.5(8).

(5)

(6)

If Special Condition 18.5(2) applies, then, at least 2 Business Days before Settlement, the Purchaser must provide to the Vendor: (a)

evidence of having lodged a Purchaser Withholding Notification Form with the Commissioner;

(b)

the relevant payment reference number; and

(c)

the Purchaser’s lodgement reference number. If the GST Withholding Notice states that the GST Withholding Amount must be paid by bank cheque, then:

45 (a)

the Purchaser must give the Vendor a bank cheque drawn in favour of the Commissioner for the GST Withholding Amount;

(b)

the bank cheque given to the Vendor by the Purchaser pursuant to Special Condition 18.5(6)(a) must not be post-dated, stale or dishonoured on presentation; and

(c)

if the Purchaser is required to lodge and has lodged a Purchaser Withholding Notification Form, the Vendor undertakes to give the bank cheque to the Commissioner, together with the payment reference details provided by the Purchaser under Special Condition 18.5(5).

(7)

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 Settlement, the Purchaser must give evidence to the Vendor of successful transmission of payment of the GST Withholding Amount to the Commissioner.

(8)

Special Conditions 18.5(6) and 18.5(7) do not apply where Settlement 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.

(9)

On Settlement, the Purchaser must: (a)

give to the Vendor, a copy of the GST Settlement Notification Form that the Purchaser has lodged with the Commissioner, together with evidence that the GST Settlement Notification Form has been received by the Commissioner; or

(b)

give to the Vendor, the GST Settlement Notification Form, in which case the Purchaser:

(10)

(1)

appoints the Vendor to act as the Purchaser's agent to lodge the GST Settlement Notification Form with the Commissioner, on its behalf; and

(2)

must give to the Vendor all information reasonably requested by the Vendor for the completion of the GST Settlement Notification Form.

If payment of the GST Withholding Amount does not occur in accordance with Special Conditions 18.5(6), 18.5(7) or 18.5(8) (as applicable), then the Vendor may delay Settlement until the next Business Day after the day on which:

(a)

payment of the GST Withholding Amount has occurred;

(b)

the Purchaser gives evidence to the Vendor of successful transmission of payment of the GST Withholding Amount to the Commissioner; or

(c)

the Vendor receives the entire Price.

46 Multiple Purchasers If the Property is purchased by more than one party, the parties are deemed to purchase the Property as joint tenants unless: (1)

the Contract states that the parties purchase the Property as tenants in common and the shares of each of the tenants in common is specified in the Particulars of Sale; or

(2)

the Purchaser gives a notice to the Vendor in writing, and the notice: (a)

states that the Property is being purchased as tenants in common;

(b)

sets out the shares of each of the tenants in common; and

(c)

is given to the Vendor at least 6 Business Days before the Due Date for Settlement.

Purchaser buying Land in furtherance of enterprise (1)

If the Purchaser indicates in the Particulars of Sale that the Purchaser: (a)

is “registered” within the meaning of the GST Act; and

(b)

is acquiring the Property for a “creditable purpose” within the meaning of the GST Act,

then the Purchaser so warrants, and provided the Purchaser’s Warranties remain correct at Settlement, then Special Condition 18.1 does not apply. (2)

The Vendor relies on the Purchaser’s warranty contained in Special Condition 18.3(1) and consequently, notifies the Purchaser that the Purchaser is not required to withhold the GST Withholding Amount from the Price.

Indemnity The Purchaser indemnifies the Vendor, against all Loss that may be incurred by the Vendor arising from or in connection with a breach by the Purchaser of any part of this Special Condition 18. DUTY INDEMNITY No warranty The Vendor and the Representatives of the Vendor make no representation or warranty as to the amount of duty payable on the Contract, the Transfer and any related document including any instrument of nomination or assignment. No reliance The Purchaser relied on its own enquiries about the amount of duty payable on the Contract, the Transfer and any related document including any instrument of nomination or assignment to enter into this Contract.

47 Indemnity The Purchaser must indemnify hold harmless and keep indemnified the Vendor against any Losses or Claims that the Vendor, the Representatives of the Vendor or the Vendor's Lawyers pay, suffer, incur or are liable for in relation to any duty payable on the Contract, the Transfer and any related document including any instrument of nomination or assignment. VENDOR WARRANTIES The warranties made by the Vendor in General Conditions 6.3 and 6.4 end at Settlement. ADJUSTMENTS General Condition 23 Subject to any contrary provision in this Special Condition, General Condition 23 is read to include as periodic Outgoings the Purchaser's proportion of any rates, taxes, assessments, fire insurance premiums, charges, levies (including Owners Corporation levies or service fees) or contributions or other property Outgoings not separately assessed on the Property. Apportionment Subject to Special Condition 22.1, if the Property is not separately assessed at Settlement Date, then, Outgoings will be apportioned between the parties on basis that the Purchaser is liable for the proportion of Outgoings equal to proportion which the lot liability of the Land bears to the total liability of all lots in Plan, or such other basis as reasonably determined by the Vendor.

the the the the

Adjustment as paid Outgoings for the Property must be adjusted between the Purchaser and the Vendor on the basis that they have been paid by the Vendor. Despite this, the Vendor will pay all Outgoings when they are due to be paid and the Purchaser is not entitled to require them to be paid on an earlier date. Vendor to pay Land tax and rates (1)

The Vendor must pay all Outgoings and Land Tax in respect of the Property when they are assessed and due for payment.

(2)

The Purchaser must not require the Vendor to pay any Outgoings or Land Tax, or require that monies be held in trust or otherwise, until the Outgoings or Land Tax are assessed and due for payment.

Land Tax If the Land is not separately assessed for Land Tax by Settlement, then, Land Tax must be adjusted on a multiple holding basis (whether or not the land for the Development Land or the relevant part thereof is the only land owned by the Vendor). The Purchaser is liable for the proportion of the Land Tax which: (1)

the lot liability of the Property bears to the total liability of all lots in the Plan; or

48 (2)

the area of the Land bears to the total area of the land which is the subject of the proportional land tax assessment.

Owners Corporation fees (1)

The Purchaser must bear and pay all contributions and levies paid or payable to the Owners Corporation in respect the Property in respect of the 6 or 12 month accounting period in which the Settlement Date falls (which may include a period before the Settlement Date).

(2)

If the Vendor has paid the contributions and levies referred to in Special Condition 21.6(1), the Purchaser must allow the full amount paid to the Vendor at Settlement.

(3)

If the contributions and levies referred to in Special Condition 21.6(1) are unpaid, the Purchaser must on Settlement, deliver to the Vendor, a cheque for the amount payable to the Owners Corporation (which the Vendor undertakes to deliver to the Owners Corporation).

No withholding of monies No monies may in any event be withheld from the Vendor from the balance of the Price payable under this Contract on account of any Outgoings or Land Tax which may be or may after the Day of Sale become payable in relation to the that part of the Development Land not yet developed by the Vendor or the Property. Supplementary assessment If a supplementary assessment of any Outgoings is assessed, levied or charged in respect of the Property after the date of registration of the Plan, no adjustment will be made and the Purchaser is solely responsible for payment of any such supplementary amount, levy or charge. Statement of adjustments (1)

The Vendor may prepare a statement of the adjustments to be made under this Special Condition 21 ("Statement of Adjustments"). If the Vendor does prepare the Statement of Adjustments, the Vendor will forward the Statement of Adjustments to the Purchaser or the Purchaser's legal practitioner or conveyancer at least 2 Business Days before the Settlement Date.

(2)

If the Purchaser does not object to the Statement of Adjustments within 24 hours after receipt of the Statement of Adjustments, any rectification which may be required to the Statement of Adjustments must only be made after the Settlement Date. The Purchaser must not delay completion of this Contract because of any minor error to the Statement of Adjustments.

ADDITIONAL LAND TAX LIABILITY

49 Failure to settle The Purchaser acknowledges and agrees that: (1)

if the Purchaser is in breach of this Contract by not completing this Contract on the Due Date for Settlement; and

(2)

if as a result of the Purchaser's breach, completion of this Contract takes place on a date that is after 31 December in the year that completion of this Contract is due to take place ("Settlement Year"); then

(3)

the Purchaser's breach will result in an increase in the amount of the Vendor's land tax assessment for the year following the Settlement Year as a result of the Property continuing to be included in the Vendor's total landholdings in Victoria; and

(4)

the additional tax which the Vendor will incur in accordance with this Special Condition ("Extra Land Tax") is a reasonably foreseeable loss incurred by the Vendor as a result of the Purchaser's breach in respect of which the Vendor is entitled to compensation from the Purchaser.

Payment of Extra Land Tax (1)

If Special Condition 22.1 applies, then, on the Settlement Date, the Purchaser must in addition to the balance of the Price payable to the Vendor under this Contract pay to the Vendor on account of the Extra Land Tax, an amount equal to 5% of the Price of the Property ("Amount Paid").

(2)

The parties agree that if the Extra Land Tax as assessed by the Commissioner of State Revenue is: (a)

less than the Amount Paid, the Vendor must refund the difference to the Purchaser; or

(b)

more than the Amount Paid, the Purchaser must pay the difference to the Vendor within 7 days of being served with a written demand for such payment.

NOTICES Purchaser's obligation The Purchaser is responsible for any notice, order, demand or levy imposing liability on the Property that is issued or made on or after the Day of Sale that does not relate to periodic Outgoings. Compliance with notices The Purchaser may, with the Vendor's consent, enter the Property to comply with its responsibilities in Special Condition 23.1, where action is required before Settlement.

50 FENCING Purchaser's contribution The Purchaser agrees that if from the Day of Sale to the Settlement Date the Vendor is obligated to contribute towards the cost of constructing any fence on the boundaries of the Property, the Purchaser must on or before the Settlement Date reimburse the Vendor for any such costs. Vendor's contribution limited While the Vendor is the owner of any land adjoining the Property, the parties agree that the Vendor's contribution towards the cost of constructing any dividing fence will be $1.00. Further sale by Purchaser If the Purchaser enters into any contract for the sale of the Land, the Purchaser must include in the contract of sale the following special condition: "In this condition, 'Landowner' means GLENDA MARGARET NOVOTNY, GEOFFREY FRANK ALLEN AND KENNETH ALFRED ALLEN

While the Landowner owns any land adjoining the property, the purchaser agrees that the Landowner's contribution towards the cost of constructing any dividing fence will be $1.00." and the Purchaser agrees to indemnify the Vendor against all costs, losses, charges and expenses incurred by the Vendor as a result of any Claim for fencing contribution brought against the Vendor by the second purchaser. Fence maintenance and substitution The Purchaser must not remove or in any way damage any part of any fence built or located on or within the Property. The Purchaser must maintain all such fences and must not allow those fences to fall into a state of neglect or disrepair at any time. If any of the fences have to be replaced, the replacement fence must be constructed to the same specifications as the fence being replaced. Corner Lots and Land adjacent to a Reserve If the Property is a corner lot or a lot adjacent to a reserve, the Purchaser must construct a fence on the boundary of the Property in accordance with the endorsed fencing plan attached to the Vendor’s Statement. Non merger This Special Condition does not merge upon Settlement and ensures for the benefit of the Vendor and the Purchaser. FENCING FOR LOTS 2201 & 2222. This Special Condition only applies if the Land is any of Lot 2201 and 2222 on the Plan. The Purchaser acknowledges and agrees that:

51 (1)

the Vendor will, at its own cost, install Type 1 (Corten (5% transparency) and Concrete Panels 2 metres high (0% transparency) to the eastern boundary of Lot 2201 and 2222 or as determined by the Vendor from time to time (Fence);

(2)

the Purchaser must not make any Claim or delay Settlement if the Fence is not installed before the Due Date for Settlement;

(3)

the Vendor may at any time before the Fence is erected, change any aspect of the Fence without having to give the Purchaser any reason for such change; and

(4)

the Vendor may access the Property at all reasonable times, whether before or after Settlement has occurred, in order to measure, plan, design and construct the Fence.

No Claim by Purchaser The Purchaser must not make any Claim by reason of any matter arising out of or in connection with any part of this Special Condition 25. FILLED LAND Fill in Land The Purchaser acknowledges that: (1)

fill has been or may be placed on the Land;

(2)

the fill on or to be placed on the Land (and which is known to the Vendor) is as shown on the Finished Surface Levels Plan. However, the Vendor makes no representation as to the precise nature and extent of the fill; and

(3)

the Vendor makes no representation as to the nature and extent of any fill which may have existed on the Land before the Land was filled by the Vendor.

No Claim by Purchaser The Purchaser must not make any Claim because the Land has been filled or because the precise nature and extent of the filling is not substantially in accordance with that disclosed in the Finished Surface Levels Plan, or by reason of any matter arising out of or in connection with any part of this Special Condition, except as expressly provided for in clause 26.3. H2 Site Classification On or before the Settlement Date, the Vendor will provide the Purchaser an AS2870 (2011) site classification report from Ground Science Pty Ltd or an alternative suitably qualified geotechnical consultant, stating that a dwelling can be constructed on the Property in accordance with Class H2 requirements (Site Report). If the Vendor does not provide the Purchaser with the Site Report on or before the Settlement Date, Settlement will be delayed until the Vendor provides the Site Report and the Purchaser will not otherwise have a Claim against the Vendor. UNREGISTERED PLAN

52 Statement to Purchaser under section 10F of the Sale of Land Act 1962 (Vic) The Purchaser acknowledges that: (1)

the Vendor is required to give the Purchaser notice of the proposed rescission of the Contract under this Special Condition;

(2)

the Purchaser has the right to consent to the proposed rescission of the Contract but is not obliged to consent;

(3)

the Vendor has the right to apply to the Supreme Court for an order permitting the Vendor to rescind the Contract; and

(4)

the Supreme Court may make an order permitting the rescission of the Contract if it is satisfied that making the order is just and equitable in all the circumstances.

Registration of Plan (1)

Settlement is conditional upon the Plan being registered by the Registrar under the provisions of the Subdivision of Land Act (Vic) 1988 within 36 months from the Day of Sale.

(2)

The Vendor will use all reasonable endeavours to cause the Plan to be registered, provided that the Purchaser must at the Purchaser's expense provide all necessary consents of the Purchaser to enable registration of the Plan.

(3)

The Vendor reserves the right to make whatever alterations to the Plan as may be required to enable certification and registration of the Plan. The Purchaser must not make any objection or requisition or Claim any compensation in respect of any excess or deficiency whether in area, boundaries, measurements, occupation or otherwise on the basis that the Plan as registered by the Registrar does not agree in measurement or otherwise with the copy of the Plan attached to the Vendor's Statement or the Land as inspected by the Purchaser.

(4)

If the Plan is not registered by the Registrar within 36 months after the Day of Sale, then at any time after the expiration of the period of 36 months but before the Plan is registered: (a)

the Purchaser may avoid this Contract by notice in writing to the Vendor; or

(b) subject to Special Condition 27, the Vendor may give the Purchaser at least 28 days’ written notice that it proposes to rescind the Contract on a particular date. The written notice must state: (1)

the reason why the Vendor is proposing to rescind the Contract;

(2)

the reason for the delay in the registration of the Plan; and

(3)

that the Purchaser is not obliged to consent to the proposed rescission.

53 If the Purchaser consents in writing to the proposed rescission, then the Contract is rescinded on the proposed rescission date referred to in the Vendor’s notice. (5)

The Deposit must be immediately refunded to the Purchaser if the Contract is ended pursuant to this Special Condition (4), but the Purchaser is not entitled to any compensation from the Vendor in respect of any costs fees or other expenses incurred by the Purchaser in relation to or arising out of this Contract.

Deposit Notwithstanding Special Condition 8: (1)

the Deposit and all other money payable by the Purchaser under this Contract must be paid to the Vendor's Lawyers to be held by them on trust for the Purchaser until registration of the Plan;

(2)

the Vendor's Lawyers are irrevocably directed by the parties to either (at the option of the Vendor's Lawyers):

(3)

(a)

lodge the Deposit (including any rollovers of the Deposit) with the Bank as an unsecured deposit in the name of the Vendor's Lawyers in a controlled money account authorised by the Legal Profession Uniform Law (Victoria); or

(b)

lodge the Deposit in the general trust account of the Vendor's Lawyers; and any Interest accruing on the Deposit and other money, if lodged in a controlled money account, must be paid to the party entitled to receive the Deposit and other money under the provisions of this Contract.

No caveat or priority notice (1)

Until the Plan has been registered and volume and folio references allocated for the Property, the Purchaser must not lodge, permit or cause to be lodged in the Land Titles Office any caveat or priority notice on behalf of the Purchaser in respect of the Purchaser's interest in the Property. If the Purchaser breaches this Special Condition (1), the Vendor is deemed to have been appointed the Purchaser's attorney for the purpose of signing all forms necessary to cause a withdrawal of the caveat or priority notice lodged by the Purchaser.

(2)

The Purchaser agrees to indemnify and keep indemnified the Vendor from and against all Loss and damage which the Vendor may suffer or incur in consequence of any breach by the Purchaser of this Special Condition 27.4.

Alterations to the Plan (1)

The Vendor reserves the right to make such alterations to the Plan, including to the Restrictions, as may be required to enable certification and registration of the Plan or which the Vendor may require and which do not materially affect the Property.

54 (2)

Subject to section 9AC of the Sale of Land Act 1962 (Vic), the Vendor may make such alterations to the Plan as it requires including, without limitation, amendments that are: (a)

required to accord with good surveying practice and all Laws, including the Subdivision of Land Act (Vic) 1988, the Owners Corporation Act 2006 (Vic) and the Owners Corporation Regulations 2018 (Vic);

(b)

required in order to deliver any utility services to the Common Property;

(c)

required to meet any requirement, recommendation or requisition of the Relevant Authority to enable the Plan to be certified by the Relevant Authority or registered by Land Use Victoria; or

(d)

considered by the Vendor to be necessary or desirable for the purposes of the development of the Development Land which may include (but not limited to):

(3)

(1)

creating additional lots including reducing or altering the Common Property to create such lots;

(2)

altering or varying the position of any lot, storage lot, or the location of the Common Property;

(3)

increasing or decreasing the number of lots;

(4)

changing the size, nature or location of any Common Property;

(5)

creating additional stages of the development of the Development Land and the Plan within the meaning of section 37 of the Subdivision of Land Act (Vic) 1988; and

(6)

changing the boundaries, design, size and location of the Residents Club and other Common Property.

If the Vendor makes any amendment contemplated by Special Condition 27.5(2), then, subject to section 9AC of the Sale of Land Act 1962 (Vic), the Purchaser must not make any Claim against the Vendor on the grounds that the Plan as registered by the Registrar does not accord with the Plan.

Final Plan (1)

Section 10(1) of the Sale of Land Act 1962 (Vic) does not apply in respect of the final location of any easement shown on the Plan and subject to the provisions of that Act the Vendor may vary the final location of any easement shown on the Plan.

(2)

Without limiting the generality of any other provision of this Contract, the Purchaser must accept as identical with the Land described in the Particulars of Sale: (a)

the lot bearing the same number on the Plan when registered as the number set out in the Particulars of Sale; or

55 (b)

if the lot is at any time before registration renumbered, the lot on the Plan as registered which occupies the same or approximately the same position on the Plan as the lot described in the Particulars of Sale;

and the Purchaser must not make any Claim in respect of any of the matters referred to in this Special Condition 27.5. Works affecting surface levels (1)

(2)

The Purchaser acknowledges that: (a)

as at the Day of Sale, any works affecting the natural surface level of the Property or any land abutting the Property (“Surface Works”), and which have been carried out or which are proposed to be carried out by the Vendor are set out in the Finished Surface Levels Plan.

(b)

if for any reason, the Vendor decides or is required to alter any part of the Surface Works, the Vendor will be entitled to provide the Purchaser with a new plan showing the altered Surface Works (“New Finished Surface Levels Plan”). The Purchaser must not make any Claim by reason of anything in the New Finished Surface Levels Plan.

PERSONAL INFORMATION Use of Personal Information The Purchaser consents to the collection, use and disclosure of the Personal Information of the Purchaser by the Vendor and its related entities (all referred to as "Vendor" in this Special Condition): (1)

for entering into, administering and completing this Contract and any development by the Vendor;

(2)

for planning and product development by the Vendor;

(3)

to comply with the Vendor's obligations or to enforce its rights under this Contract;

(4)

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);

(5)

to surveyors, engineers and other parties who are engaged by the Vendor (or with whom the Vendor is negotiating) to carry out works which may affect the Property;

(6)

to service providers engaged by the Vendor, such as legal advisers, financial advisers, market research organisations, mail houses and delivery companies;

56 (7)

for the purpose of marketing to the Purchaser in the future;

(8)

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

(9)

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.

Purchaser’s identity requirements (1)

The Purchaser acknowledges that it is required to complete the Identification Requirements of the Particulars of Sale and provide the identification referred to in the Particulars of Sale when the Purchaser signs this Contract.

(2)

If the Purchaser has not complied with the requirements of Special Condition 28.2(1), then it must do so within 7 days of the Day of Sale. The Vendor need not make any request of the Purchaser for this information.

(3)

The Purchaser will be in breach of this Contract if the Purchaser fails to comply with Special Condition 28.2(2).

PURCHASER AS TRUSTEE If the Purchaser is buying the Property as trustee under a trust ("Purchaser's Trust") then the Purchaser: must not do anything to prejudice any right of indemnity the Purchaser may have under the Purchaser's Trust; warrants that the Purchaser has power under the Purchaser's Trust to enter into this Contract; is personally liable under the Contract; warrants that the Purchaser has a right of indemnity under the Purchaser's Trust; and must not allow the variation of the Purchaser's Trust or the advance or distribution of capital of the Purchaser's Trust or resettlement of any property belonging to the Purchaser's Trust; and must deliver the Guarantee to the Vendor in accordance with Special Condition 4. SECTION 173 AGREEMENTS General The Purchaser acknowledges and agrees that: (1)

the Council may require the Vendor to enter into one or more Section 173 Agreements that affect the Property. In relation to each Section 173 Agreement, the Purchaser:

57 (a)

irrevocably authorises the Vendor to negotiate the terms of that Section 173 Agreement; and

(b)

must not make any Claim by reason of any matter arising out of or in connection with any Section 173 Agreement, or require the recording of the Section 173 Agreement to be cancelled from the folio of the Register for the Property; and

(c)

if any Section 173 Agreement has not been recorded on the folio of the Register which relates to the Property or to the parent title to the Property, must promptly do all things necessary to enable the Section 173 Agreement to be so recorded when requested in writing to do so by the Vendor or the Vendor's Lawyers, including executing any consents, orders or further agreement;

Existing and new Section 173 Agreements (1)

The Vendor has entered into Section 173 Agreements with Council, copies of which are attached to the Vendor Statement and which are recorded in dealing numbers AT303352S, AT303427M and AU334928E, and the Purchaser purchases the Property with full knowledge of the contents of the agreements and must not make any Claim in respect of the agreements.

(2)

The Purchaser acknowledges that Council may require the Vendor to enter into further Section 173 Agreements; (a)

which may be registered on the title to the Land, the Common Property or any lots on the Plan; and/or

(b)

with regard to the Community Infrastructure Levy. The Purchaser acknowledges that the Vendor will pay the Community Infrastructure Levy in respect of the Property; and/or

(c)

which may relate to any of the matters set out in this Contract.

No defect in title and no Claim (1)

Any Section 173 Agreement which has been entered into in accordance with this Special Condition 30 will not constitute a defect in the title to the Property.

(2)

The Purchaser must not make any Claim against the Vendor buy reason of any matter arising out of or in connection with any part of this Special Condition 30.

GAIC Parent title and GAIC The Purchaser acknowledges that the parent title to the Land is encumbered by a notice under the GAIC Law. Vendor to pay any GAIC

58 The Vendor confirms that the Vendor: (1)

is liable to pay any GAIC applicable to the Land;

(2)

has, as permitted under the GAIC Law, deferred payment of part or all of the Vendor's liability to pay the GAIC;

(3)

will pay the GAIC as and when the liability to pay falls due; and

(4)

will ensure that any notice under the GAIC Law affecting the Land is or can be removed from the Land before or at Settlement.

RESIDENTS CLUB AND OWNERS CORPORATION MATTERS Design and location Notwithstanding anything to the contrary contained in this Contract, the Purchaser acknowledges that: (1)

the Vendor intends to build the Residents Club on the Proposed Residents Club Site;

(2)

the location, layout and design, and the timing of the construction and completion of the Residents Club have not been finalised as the necessary approvals have not been procured from the Relevant Authority;

(3)

the Vendor has not finalised what Facilities will be offered or contained within the Residents Club when built;

(4)

if for any reason that is outside the Vendor’s control: (a)

the Residents Club cannot be developed on the Proposed Residents Club Site, the Vendor retains the right to develop or sell all or any part of the Proposed Residents Club Site for any purpose whatsoever, or locate the Residents Club elsewhere within the Development Land; or

(b)

any of the Facilities cannot be offered, the Vendor may offer a different facility in its place, or not offer that facility at all.

Facilities The Purchaser acknowledges and agrees that: (1)

the Owners Corporation Rules are in draft form only, and may contain rules which refer to particular facilities ("Named Facilities") which may be provided by the Vendor and/or included in the Residents Club;

(2)

the Vendor makes no representations or warranties that the Named Facilities, if any, named or referred to in the Owners Corporation Rules will be built; and

(3)

if the Named Facilities will not be built, the Vendor is entitled to amend the Owners Corporation Rules at any time before

59 Settlement occurs to delete all references to the Named Facilities. Owners Corporation schedule The Purchaser acknowledges and agrees that: (1)

a substantial part of the Common Property consists of the Residents Club;

(2)

subject always to the members of the Owners Corporation having complied with the Owners Corporation Rules, all members of the Owners Corporation are equally entitled to use the Residents Club; and

(3)

the lot entitlement and lot liability set out in the Owners Corporation schedule forming part of the Plan has been prepared on the basis that: (a)

save for the Vendor, and subject to the Vendor’s obligations as set out in Special Condition 32.4, all members (other than the Vendor) will contribute equally towards the Owners Corporation Costs; and

(b)

in consideration of the Vendor undertaking the obligations described in Special Condition 32.4, until such time as the Vendor is no longer a member of the Owner’s Corporation, the Vendor is able to design and construct the Residents Club and procure the Owners Corporation Manager to operate and manage the Residents Club without any interference from any member of the Owners Corporation.

Vendor’s obligations (1)

(2)

The Vendor agrees that despite anything to the contrary contained in the Plan, and for so long as the Vendor remains the owner of a Residential Lot: (a)

the Purchaser will be required to pay no less than $800.00 and no more than $1,100.00 per annum for each lot on the Plan owned by the Purchaser, by way of the Purchaser’s contribution towards the Owners Corporation Costs;

(b)

the Vendor must pay the balance of Owners Corporation Costs, if any, as and when they become due; and

(c)

the Vendor has the right to access and to show the Residents Club to the Vendor’s guests and invitees, including prospective purchasers of Residential Lots. For the avoidance of doubt, the Purchaser confirms and agrees that the Vendor’s obligations under this Special Condition 32.4 end as soon the Vendor has sold and settled the contract for the sale of the last Residential Lot.

60 No objection The Purchaser must not make any objection to any Relevant Authority or person, or in any way attempt to hinder, obstruct or delay progress of the Vendor’s right to deliver the Residents Club or otherwise to exercise its rights under this Special Condition 32. No Claim by Purchaser The Purchaser may not make any Claim because of: (1)

the Owners Corporation Rules; or

(2)

any additions, variations or deletions from or to the Owners Corporation Rules which as may be made by the Owners Corporation before Settlement;

(3)

any resolutions made at any meeting of the Owners Corporation before Settlement;

(4)

any alteration in the number, size or shape of any other lots or Common Property within the Plan or lot entitlement or lot liability of any of the lots within the Plan;

(5)

the lot entitlement and/or lot liability and the aggregate lot entitlement and/or lot liability and all other matters contained in or endorsed upon or annexed to the Plan once registered; or

(6)

any other thing or matter in connection with or arising out of this Special Condition 32.

Owners Corporation Rules not to bind the Vendor (1)

Notwithstanding anything contained in this Contract or the Owners Corporation Rules, so long as the Vendor is a member of the Owners Corporation or an occupier or owner of a lot on the Plan and for so long as any mortgagee or chargee of the Vendor has an interest in the land in the Plan, then: (a)

the Purchaser acknowledges that the Owners Corporation Rules must not in any way apply to or be enforced against the Vendor or its mortgagee or chargee where to do so would prevent, hinder, obstruct or in any way interfere with the completion of the Works or the development of the Development Land;

(b)

the Purchaser must not without the written consent of the Vendor, amend or cast any vote: (1)

sell, lease or otherwise dispose of or grant any interest in or over the Common Property in the Plan;

(2)

enter into any long term agreements relating to the purchase of electricity, water, telecommunications or other services with respect of the land in the Plan other than the Land; and

61 (3)

(2)

exercise any of the rights, powers, privileges granted or accruing to the member of the Owners Corporation in any way prejudicial to the interests of the Vendor.

The Purchaser covenants with the Vendor that the Purchaser will not prevent, limit or restrict the Vendor from or vote at any meeting of the Owners Corporation to prevent, limit or restrict the Vendor from: (a)

erecting barriers, fences, hoardings and signs as the Vendor deems necessary to complete the Works or development of the Development Land;

(b)

taking exclusive and sole possession of any parts of the Common Property as the Vendor may need to have exclusive and sole possession of in order to carry out and complete the Works or development of the Development Land;

(c)

erecting for sale, promotional advertising or other signs as the Vendor may require on any part of the Common Property; and

(d)

using all rights of way and all points of egress and ingress to the land in the Plan as the Vendor deems necessary to carry out and complete the Works or development of the Development Land.

Owners Corporation certificate The Purchaser must pay in full or reimburse the Vendor at Settlement the cost of any fee charged by the Owners Corporation in providing an owners corporation certificate. Subdivision Act 1988 (Vic) and Owners Corporation Act 2006 (Vic) The Property (including the relevant interest in any Common Property) is sold subject to the provisions of the Subdivision of Land Act (Vic) 1988, the Owners Corporations Act 2006 (Vic), the regulations made pursuant to those Acts in general, the Owners Corporation Rules, and in particular to the following matters subsequent to registration of the Plan: (1)

the lot entitlement and lot liability and all other matters endorsed on the Plan;

(2)

the easements expressed or implied in favour of or against a lot owner by virtue of sections 12 and 24 of the Subdivision of Land Act (Vic) 1988;

(3)

the Owners Corporation Rules and any amendment to the Owners Corporation Rules; and

(4)

any management agreement entered or proposed to be entered into between the Owners Corporation and an agent whereby the Owners Corporation appoints the agent as its manager pursuant to section 119 of the Owners Corporations Act 2006 (Vic);

and no objections shall be taken or requisitions made by the Purchaser in respect thereof.

62 Establishment of Owner’s Corporation If the Vendor has not already done so, the Purchaser consents to the Vendor as soon as practicable after the registration of the Plan attending to all matters necessary to make the Owners Corporation or corporations (whichever the case may be) become functional and to cause the Owner's Corporation or each of them (if more than one) to: (1)

hold the first meeting of the Owners Corporation;

(2)

do all things required to be done at the first meeting;

(3)

appoint a manager;

(4)

determine the fees or levies payable by the owners of all lots on the Plan;

(5)

insure the Residents Club(if built) for an adequate and proper amount with a reputable insurer;

(6)

confirm and/or change the Owners Corporation Rules; and

(7)

appoint committees and make delegations if the Vendor deems this appropriate.

Vendor may conduct activities on Common Property The Purchaser consents and authorises and must cause the Owners Corporation to consent to and authorise the Vendor and the Vendor’s Representatives to carry out any one or more of the following activities on or about the Common Property or on any other part of the ‘development of the Development Land, without payment of any fee or charge: (1)

conduct any marketing activities whatsoever;

(2)

place and maintain signs or posters in connection with those marketing activities; and

(3)

place and maintain an office or facility from which the Vendor’s sales or marketing activities can be conducted,

and this consent and authorisation continue with full force and effect after Settlement until the Vendor is no longer a member of the Owners Corporation. Damages insufficient remedy Without limiting any right of the Vendor: (1)

the Purchaser acknowledges that damages of themselves will not be a sufficient remedy for breach by the Purchaser of this Special Condition 32; and

63 (2)

the Purchaser agrees that the Vendor will be entitled to orders for specific performance if the Purchaser fails to comply with any of its obligations under this Special Condition 32.

Owners Corporation Rules The Purchaser acknowledges that the Owners Corporation Rules, which are attached to the Vendor's Statement, may be amended in any manner whatsoever prior to registration of the Plan or at the first meeting or the Owners Corporation or any time after. No Claim by Purchaser The Purchaser must not make any Claim by reason of any matter relating to the Owners Corporation. Purchaser’s sale contract If at any time, the Purchaser enters into any contract for the sale of the Land, the Purchaser must include in the contract of sale, special conditions which are identical to Special Conditions 37.1 to 37.15 save that all references to “vendor” in those Special Conditions must be replaced with or have the effect of being replaced with ”Glenda Margaret Novotny, Geoffrey Frank Allen and Kenneth Alfred Allen” TELECOMMUNICATIONS TOWER Acknowledgement The Purchaser acknowledges that it is intended that a telecommunications tower and ancillary equipment may be installed on the Resident Club. No Claim The Purchaser must not make any Claim by reason of any matter arising out of in or in connection with any of this Special Condition, including any Claim in relation to the existence or operation of the telecommunication tower and ancillary equipment. RESTRICTIONS, DESIGN AND SITING GUIDELINES Compliance The Purchaser must comply with the Restrictions, and the Design and Siting Guidelines. The Purchaser acknowledges that: (1)

under the Design and Siting Guidelines, the Purchaser must submit the Purchaser's building plans to the Vendor for approval and endorsement before the Purchaser commences construction of any building works on the Land;

(2)

the Vendor's approval to the Purchaser's building plans does not constitute a warranty or representation that the requirements of the Design and Siting Guidelines, the Restrictions, or any requirement under any Law have been satisfied.

Discrepancies

64 If there are any discrepancies between the Restrictions, these Special Conditions and the Design and Siting Guidelines then they will be ranked in priority as follows: (1)

first, the Restrictions;

(2)

second, these Special Conditions; and

(3)

third, the Design and Siting Guidelines.

Sale by Purchaser The Purchaser must not enter into a contract of sale to sell the Land unless: (1)

a dwelling has been erected in accordance with the provisions of Special Condition 34.1 and 34.2; or

(2)

the contract of sale contains a special condition in the same form as Special Condition 34.1and 34.2 and the Design and Siting Guidelines are disclosed to the Purchaser's buyer and attached to the Purchaser's contract of sale.

Vendor’s right to rectify If the Purchaser breaches any of the Purchaser's obligations under this Special Condition 34 or fails to comply with the Design and Siting Guidelines or the Restrictions, then the Vendor may: (1)

enter the Property;

(2)

complete all works and supply whatever materials as are necessary to complete compliance with the Design and Siting Guidelines or the Restrictions; and

(3)

recover the cost of the works and materials from the Purchaser or later owner of the Property plus interest at the rate of 15% per annum.

Charge on Land The Land will be charged with payment of monies due to the Vendor under Special Condition 34.4 and this charge will constitute an equitable interest in the Property in favour of the Vendor, which gives the Vendor the right to lodge a caveat on the title to the Land. Waiver or amendment by Vendor The Purchaser acknowledges that the Vendor may, at the Vendor's absolute discretion, waive, or vary any part of the Design and Siting Guidelines for any property within the Development Land. The Purchaser must not make any Claim by reason of any such waiver or variation.

65 REPLACEMENT RESTRICTIVE COVENANT Restriction converted to Replacement Restrictive Covenant The Purchaser agrees that if: (1)

any restriction shown on the Plan is or is to be removed ("Deleted Restriction"), and

(2)

the Vendor notifies the Purchaser in writing that it requires a restrictive covenant containing the same or substantially the same rights and obligations as the Deleted Restriction to be created in the Transfer, a memorandum of common provisions or any other similar procedure permitted by the Land Titles Office;

(3)

the Purchaser is bound by the provisions of the Replacement Restrictive Covenant from the day upon which the Purchaser receives the notice issued by the Vendor in accordance with Special Condition 35.1(2); and

(4)

if applicable, the Transfer must incorporate the Replacement Restrictive Covenant.

then:

Right to modify Notwithstanding Special Condition 35.1, the Vendor reserves the right to modify the terms of the Restrictions as are appropriate for the Replacement Restrictive Covenant, and to modify the terms further if such modification is required to cause the Replacement Restrictive Covenant to comply with any decision or requirement of any Relevant Authority. The Purchaser must comply with the Replacement Restrictive Covenants as modified. No Claim by Purchaser The Purchaser must not make any Claim against the Vendor as a result of or in respect of any matters set out in this Special Condition 35. BUILDING PERMIT When the Purchaser applies for a building permit, the Purchaser must: notify the building surveyor or Council in writing of the Restrictions and the provisions of the Design and Siting Guidelines; and ensure that the Restrictions and Design and Siting Guidelines are complied with at all times. PLANNING CONTROLS Purchaser's acknowledgments The Purchaser acknowledges that: (1)

it has read and is satisfied with the requirements of the Planning Controls applying to the development Land, the Property and the

66 Purchaser's intended use and/or development of the Property; and (2)

the Planning Controls may require, among other things, a planning permit for the construction of a building or to carry out works at the Property.

Acceptance of Planning Controls and agreements The Purchaser buys the Property subject to and agrees to be bound by the Planning Controls and all agreements that are made between the Vendor and any Relevant Authority with respect to the Development Land or the Property. No objection by the Purchaser The Purchaser must not object to any Relevant Authority or to the Vendor in relation to any application by the Vendor or a Related Body Corporate for any planning or building permit made in respect of any land within the Development Land, whether such application is made before or after the Day of Sale. No Claim by Purchaser The Purchaser must not make any Claim by reason of anything in the Planning Controls, the Planning Permit, or any future planning permit, or by reason of any matter disclosed in or arising out of or in connection with this Special Condition 37. MEDIUM DENSITY/APARTMENT SITES Purchaser's acknowledgment The Purchaser acknowledges that some areas within the Development Land may be developed as medium density housing sites including attached and detached dwellings, together with multi-storey apartment blocks. No objection by Purchaser The Purchaser must: (1)

not make any objection to any Relevant Authority or person or in any way attempt to hinder or obstruct or delay progress of the developments referred to in Special Condition 38.1; and

(2)

ensure that a special condition in the same form or to the same effect as this Special Condition appears in any future contract for the sale of the Land.

SIGNAGE No signage permitted Subject to Special Condition 39.2, and except with the Vendor's written consent, the Purchaser must not, erect or permit to be erected on the Land or any part of the Land or any building erected on the Land any advertisement billboards, signs or similar structures or allow the Land or any building erected on the Land to be used for the display of any such billboards, signs or structure.

67 Exception Special Condition 39.1 ceases to apply on the earlier of the expiration of 5 years from the date of registration of the Plan and the completion of a dwelling on the Land. ENTRY FEATURE Construction of Entry Feature The Purchaser agrees that: (1)

the Vendor may, at its own expense and in its absolute discretion, construct an entry feature, wall, feature fence or other structure ("Entry Feature") on any part of the Development Land;

(2)

the Entry Feature may be removed when development of the Development Land has been completed; and

(3)

the Purchaser must not make an objection to any Relevant Authority or person or in any way attempt to hinder, delay or prevent the construction or removal of any Entry Feature constructed on the Development Land by the Vendor.

Resale by Purchaser The Purchaser agrees to include a special condition in the same form as this Special Condition in any future contract for the sale of the Land. No Claim by Purchaser The Purchaser must not make any Claim as a result of or in respect of the installation or removal, or the failure to install or remove, the Entry Feature. CONCEPT PLAN Concept Plan subject to change The Purchaser acknowledges that the Purchaser was informed before executing this Contract that the Concept Plan is a preliminary concept plan only and may be subject to change. No representation The Vendor does not make any representation that the Development Land will be developed in accordance with the Concept Plan. Plan takes precedence The Purchaser acknowledges that if there is any inconsistency between the Plan and the Concept Plan, the Plan prevails and overrides the Concept Plan to the extent of any inconsistency. No Claim by Purchaser The Purchaser must not make any Claim due to development of the Development Land being in any manner different to any version of the Concept Plan.

68 SALES MATERIAL General development concept The Purchaser acknowledges that any Sales Material provided to the Purchaser indicate a general development concept only, and may be subject to change. No representation by Vendor The Vendor does not make any representation that: (1)

the Development Land will be developed in accordance with the concepts shown in the Sales Material; or

(2)

the Land will enjoy any particular views or aspects.

Inconsistency between Plan and Sales Material The Purchaser acknowledges that in the event of an inconsistency between the Plan and the Sales Material, the Plan prevails and overrides the contents of the Sales Material. No Claim by Purchaser The Purchaser must not make any Claim if the development of the Development Land is in any manner different to the concept shown in the Sales Material. VENDOR'S RIGHT TO MAINTAIN The Vendor has the right to enter onto the Land at any time after Settlement to attend to maintenance of the yard of the Land in order to maintain a neat and tidy presentation of the Development Land. If the Vendor exercises its rights under this Special Condition, the Purchaser must, upon demand, reimburse the Vendor for all costs incurred by the Vendor in exercising the Vendor's rights. UTILITY SERVICES Purchaser's acknowledgement The Purchaser acknowledges that the Vendor has no control over the siting or location of service pits, service markers, man-holes, telephone or electricity poles, bus stops, or other such infrastructure required for utility services. No Claim by Purchaser The Purchaser must not make any Claim in respect of any matter set out in this Special Condition. Connection charges If there is any cost or fee to connect services to the Property, that cost or fee must be paid by the Purchaser.

69 SUBSTATIONS Location The Purchaser acknowledges the location of any electrical or telecommunications substations as shown on the Concept Plan, that the position of those substations may have changed, and may change in the future. No Claim by Purchaser The Purchaser must not make any Claim by reason of any matter arising out of or in connection with any part of this Special Condition. LANDSCAPING The Purchaser must complete the following works on the Land within 6 months of the issue of an occupancy permit for the dwelling constructed on the Land: (1)

the landscaping of that part of the Land between the front of the dwelling and the front boundary with lawn, garden beds, shrubs, trees and paving or any combination of them; and

(2)

the construction of the driveway from the vehicular crossing to the garage or the car accommodation area in accordance with the Design and Siting Guidelines.

The Purchaser must not make any Claim by reason of any matter arising out of or in connection with any part of this Special Condition. STREET NAMES Street names subject to change The Purchaser acknowledges that the proposed street names shown on the Plan may be changed by the Vendor, and are subject to Council approval. No Claim by Purchaser The Purchaser must not make any Claim if any of the proposed street names as shown on the Plan should change. BUSHFIRE PRONE AREAS The Purchaser acknowledges, confirms and agrees that: (1)

the Vendor has attached to the Vendor's Statement a bushfire prone area property report from the Relevant Authority, noting whether or not the Property is in a designated bushfire prone area ("Report");

(2)

regardless of the content of the Report, pursuant to regulation 810 of the Building Regulations 2006 (Vic), the Minister for Planning ("Minister") may, from time to time, determine that areas which are subject, or which are likely to be subject, to bushfires are bushfire prone areas; and

70 (3)

regardless of the content of the Report, the Minister may, after the date of the Report, make a determination which changes the status of the Property so that the Property is: (a)

included in a designated bushfire prone area;

(b)

included in a designated bushfire prone area and included in a bushfire development overlay; or

(c)

no longer in a designated bushfire prone area.

The Purchaser must not make any Claim in respect of any matter contained in this Special Condition 48. FIBRE OPTIC INSTALLATION Acknowledgement The Purchaser acknowledges that: (1)

the Vendor will be installing a fibre optic network within all of the Development Land;

(2)

OptiComm Co. Pty Ltd is the Vendor’s fibre optic network provider of choice (“Provider”);

(3)

specific wiring, conduits and other works may be required to take advantage of and use the network on the Land;

(4)

such conduits, works and wiring may be required to be constructed early in the construction of any home on the Land. Consequently, the Purchaser must: (a)

advise the Purchaser’s builder of the fibre optic network and Provider as soon as possible so that it may be taken into account in the design and construction of the dwelling on the Land; and

(b)

adopt and ensure compliance with the OptimComm Building Ready Specifications and any other appropriate building, wiring specifications when constructing a dwelling on the Land.

(5)

the Vendor will not be installing or providing copper telecommunications access or infrastructure on or to the Land;

(6)

the Purchaser will be responsible for arranging any connections to and activation of, any retail services required for the usage of the fibre optic network on the Land.

Connection charges If there is any cost or fee to connect the fibre optic network to the Property, that cost or fee must be paid by the Purchaser.

71 ACKNOWLEDGEMENTS REGARDING FOOTPATHS ETC Location, construction and timing The Purchaser acknowledges that: (1)

the location, layout and design, and the timing of the construction and completion of the footpaths, shared paths, crossovers and landscaping on public road reserves ("Public Areas") illustrated in any Sales Material, the Plan, Concept Plan, Finished Surface Levels Plan or in any other document with which the Purchaser has been provided by the Vendor or any person on its behalf (a)

have not been finalised as the necessary approvals have not been procured from the Relevant Authority;

(b)

are subject to change; and

(2)

in order to avoid any damage to the Public Areas during construction and landscaping of dwellings within Development Land, the construction of some or all parts of Public Areas may not commence until after construction of dwellings have been completed.

the the the the

No objection The Purchaser must not make any objection to any Relevant Authority or any person, or in any way attempt to hinder or obstruct or delay progress of any development or use of the development Land as a result of the matters disclosed in this Special Condition. Future contract The Purchaser must ensure that a special condition in the same form as this Special Condition appears in any future contract for the sale of the Land where the Purchaser is the vendor. No Claim by Purchaser The Purchaser must not make any Claim as a result of anything disclosed in this Special Condition. NATURE STRIP The Purchaser must keep the nature strips bounding the Land tidy at all times. The Purchaser is also responsible for any damage to the street tree in the nature strip fronting the Land that may be caused during the period of the construction of the Purchaser’s dwelling. INSPECTION The Purchaser or the Purchaser's authorised Representative may inspect the Land at any reasonable time during the 7 days preceding the Due Date for Settlement Date, by giving the Vendor at least 24 hours prior written notice.

72 TIME Time is extended to the next Business Day, if the time for performing any action falls on a day other than a Business Day. ELECTRONIC CONVEYANCING Application of Special Condition (1)

This Special Condition applies if (a)

(2)

Settlement and lodgement of the instruments necessary to record the Purchaser as registered proprietor of the Land will be conducted electronically in accordance with the ECN Law. This Special Condition has priority over any other provision to the extent of any inconsistency.

Not proceeding (1)

A party must immediately give written notice if that party reasonably believes that Settlement or lodgement of any document with either Land Use Victoria or the SRO, can no longer be conducted electronically. Other than Special Condition 59.2.2(2), the balance of Special Condition 54 ceases to apply from when such a notice is given.

(2)

If, because of Special Condition 59.2.1, Settlement or lodgement is not to be conducted electronically: (a)

each party must: (1)

bear equally any disbursements or fees; and

(2)

otherwise bear that party's own costs;

associated with the agreement under Special Condition 54.1; and (b)

if a party has paid all of a disbursement or fee which, by reason of this Special Condition 59.2.2 is to be borne equally by the parties, that amount must be adjusted under Special Condition 21.

Conduct of parties (1)

(2)

Each party must: (a)

be, or engage a representative who is, a Subscriber;

(b)

ensure that all other persons for whom that party is responsible and who are associated with this transaction are, or engage, a Subscriber; and

(c)

conduct the transaction in accordance with the ECN Law. The Vendor must open a shared Workspace as soon as reasonably practicable. The Workspace is an electronic address

73 for the service of notices and for written communications for the purposes of any electronic transactions legislation. Settlement (1)

Unless otherwise agreed in writing, the Vendor nominates 3.00pm on the Due Date for Settlement for locking the Workspace.

(2)

Settlement occurs when the Workspace records that: (a)

the exchange of funds or value between financial institutions in accordance with the instructions of the parties has occurred; or

(b)

if there is no exchange of funds or value, the documents necessary to enable the Purchaser to become registered proprietor of the Land have been accepted for electronic lodgement.

(3)

If, through no fault of either party, Settlement in accordance with Special Condition (2) does not occur by 3.00pm (or such other time as the parties may have agreed upon) on the Due Date for Settlement, the parties must do everything reasonably necessary to effect Settlement: (a)

electronically on the next Business Day, or

(b)

at the option of either party, otherwise than electronically as soon as possible.

Mistaken payment Each party must do everything reasonably necessary to assist the other party to trace and identify the recipient of any mistaken payment and to recover the mistaken payment. DISPUTES Notwithstanding anything to the contrary contained in this Contract, any dispute, controversy, difference or Claim arising out of or in connection with this Contract, including the existence, validity, interpretation, performance, breach or termination of it or any dispute regarding non-contractual obligations arising out of or in relation to it (“Dispute”), be referred to and finally resolved by: (1)

Mediation to be held in Melbourne, Victoria;

(2)

Where mediation is unsuccessful, litigation through the courts, exercising competent jurisdiction within the State of Victoria.

ONLINE DUTIES FORM The Purchaser acknowledges that in order for the duty on the Transfer to be assessed, the SRO requires the information which must be submitted to the SRO for that purpose, to be completed and signed online by both parties, and submitted to the SRO electronically by means of the Online Duties Form. To ensure that the Online Duties Form is completed and signed in time for Settlement, the Purchaser must:

74 (1)

populate the Online Duties Form with all the information which a purchaser must provide to the SRO ("Transferee Information"); and

(2)

accept and/or sign the Online Duties Form,

in each instance, within 2 Business Days of receiving an online invitation to do so. The Purchaser must promptly notify the Vendor that the Purchaser has completed, and/or accepted and/or signed the Online Duties Form immediately after doing so. If the Purchaser fails to comply with Special Condition 56.2, the Purchaser is in default under this Contract. In addition to the Vendor’s rights described elsewhere under this Contract, if the Purchaser breaches the Purchaser’s obligations under Special Condition 56.2: (1)

the Vendor may extend the Due Date for Settlement by the same number of days in which the Purchaser delays populating, or accepting and/or signing the Online Duties Form; and

(2)

The Purchaser confirms and agrees that upon the Online Duties Form being populated with the Transferee Information, the Purchaser must not amend any of the Transferee Information without procuring the Vendor’s prior written consent to do so. The Purchaser acknowledges that the Purchaser is responsible for populating the Online Duties Form with accurate Transferee Information. The Purchaser indemnifies and keeps the Vendor indemnified against any Loss or Claim that the Vendor suffers, incurs or is liable for as a result of the Purchaser providing any incorrect Transferee Information. PROSPERITY PROGRAM Terms and conditions If: (1)

the Property is within a Development which forms part of the Frasers Property Australia’s Prosperity Loyalty Program (“Prosperity Program”); and

(2)

the Purchaser is a member of the Prosperity Program;

the Purchaser acknowledges and agrees that it: (3)

has read the terms and conditions of the Prosperity Program which are available at: http://www.frasersproperty.com.au/Prosperity/Terms (as varied from time to time) (“Terms and Conditions”); and

(4)

must comply with the Terms and Conditions in order to receive a Benefit.

75 General Capitalised terms used in this Special Condition which are not defined under this Contract have the meaning given under the Terms and Conditions. NON-RESIDENTIAL AREAS Use of land The Purchaser acknowledges that: (1)

it is currently intended that the lands located in approximately the areas marked on the Concept Plan respectively as: (a)

“Local Town Centre” ("Local Town Centre");

(b)

“Private School” ("Non-Government School – Primary School");

(c)

“Government Secondary School” ("Potential Government School – Post Primary School"); and

(d)

“Childcare” ("Childcare Centre");

(together referred to as the “Non-Residential Areas”) will be subject to a separate planning approval process; (2)

the planning approval process may result in changes to the size, boundaries, locations and use of each of the Non-Residential Areas;

(3)

the Local Town Centre may contain a mix of retail, commercial, office, education, civic and residential uses, and may also contain retirement living, aged care, and residential townhouses and apartments, but the Vendor makes no warranties that such will be the case;

(4)

in relation to the Non-Government School – Primary School, the Vendor is currently negotiating with the Relevant Authorities in relation to the development of the site of the Non-Government School – Primary School;

(5)

in relation to the Potential Government School - Post Primary School, the Vendor has not started negotiations with the Relevant Authorities in relation to the development of a government post primary school on the site for the Potential Government School - Post Primary School;

(6)

the Vendor and its Representatives make no warranties or representations as to the ultimate uses of the Non-Residential Areas, and in particular, as to whether a school will be built on the Non-Government School – Primary School or the Potential Government School – Post Primary School or that a community activity centre will be built on the Local Town Centre;

(7)

if any part of the Non-Residential Areas is not developed or used for their respective purposes as described in this Special Condition 58, the Vendor retains the right to develop or sell all or

76 any part of the relevant Non-Residential Areas for any purpose whatsoever; and (8)

the Purchaser must not to make any objection to any Relevant Authority or person, or in any way attempt to hinder or obstruct or delay progress of the proposed sale, development or use of any or all of the Non-Residential Areas.

Future contracts requirement The Purchaser agrees to ensure that a special condition in the same form as this Special Condition appears in any future contract for the sale of the Land where the Purchaser is the vendor save that all references to “vendor” in those Special Conditions must be replaced with or have the effect of being replaced with “Glenda Margaret Novotny, Geoffrey Frank Allen and Kenneth Alfred Allen”. FOREIGN RESIDENT CAPITAL GAINS WITHHOLDING TAX The Purchaser: acknowledges that the Vendor is not an entity to which section 14-210(1) of Schedule 1 of the TA Act applies (“Foreign Entity”); acknowledges receipt of the Clearance Certificate attached to the Vendor’s Statement confirming that the Vendor is not a Foreign Entity; must not withhold any amount or part of the Price on account of any amount payable under section 14-200(3) of Schedule 1 of the TA Act; and indemnifies and must hold harmless and keep indemnified the Vendor against any Loss or Claim that the Vendor suffers, incurs or is liable for as a result of any breach by the Purchaser of Special Condition 59. ELECTRONIC EXECUTION OF CONTRACT This Special Condition applies if this Contract has been executed electronically by using an electronic execution service (“EES”). By signing this Contract, the Purchaser consents to the information in the Vendor’s Statement and this Contract being given by way of electronic communication. The Purchaser must: (1)

comply, and must ensure that its authorised Representatives comply with all processes and instructions concerning the use of the EES to execute and to give effect to this Contract; and

(2)

refrain from engaging in any conduct which may place the Vendor, the Vendor’s Estate Agent or the Vendor’s Legal Practitioner in breach of their obligations under any agreement with the provider of the EES for the provision of the EES.

The Purchaser acknowledges and agrees that the date, time and location of the electronic execution by or on behalf of the Purchaser of this Contract may be recorded by the provider of the EES and may be used by the Vendor in establishing when and where this Contract was executed by or on behalf of the Purchaser.

77 The Purchaser must do anything and must ensure that the Purchaser’s employees and agents do anything that may be required by the Vendor in order to give effect to this Contract, including signing and delivering to the Vendor hard copies of this Contract. Where the Purchaser executes the Contract electronically, the Vendor may also execute the Contract electronically using the EES. If the Vendor executes the Contract electronically, the distribution of executed copies of the Contract will occur via the EES and this Contract will be legally binding upon the parties. The Vendor reserves the right to execute the Contract using means other than the EES, and where the Vendor executes the Contract using other means, the parties will exchange physical copies of the executed Contract. If the Purchaser is a company, then: (1)

the signatories for the Purchaser sign this Contract pursuant to sections 126 and 127(4) of the Corporations Act; and

(2)

the Purchaser warrants (and the signatories for the Purchaser separately warrant) to the Vendor that the Vendor may rely on the assumptions in section 129 of the Corporations Act, despite this Contract not being signed pursuant to section 127(1) of that Act.

GENERAL Severance An interpretation of this Contract that results in all of the provisions being enforceable is preferable to any other construction. Any provision which is illegal or unenforceable is, where possible, to be omitted to the extent necessary to make this Contract enforceable, unless it would materially change the intended effect of this Contract. Entire agreement and no reliance (1)

This Contract contains the entire agreement between the parties about the subject matter.

(2)

The Purchaser relied on its own enquiries in entering into this Contract.

(3)

The Purchaser did not rely on any warranty or representation of any nature about the subject matter of this Contract unless it is contained in the Contract or the Vendor's Statement.

Variation This Contract may only be varied in writing, signed by the parties. Waiver A right may only be waived in writing, signed by the party giving the waiver.

78 Further acts Each party must do anything and must ensure that the party's employees and agents do anything that may be reasonably required to give effect to this Contract. Governing law Subject to Special Condition 55, this Contract is governed by the Laws of Victoria. No merger Any provision of this Contract which binds the Purchaser and are capable of continued operation after Settlement do not merge on or by virtue of Settlement. Time of the essence Time is of the essence of this Contract. Joint and several liability If a party to this Contract is made up of more than one person, an obligation of those persons is joint and several and a right of those persons is held jointly and severally. Counterparts This Contract may be executed in counterparts.

79 GUARANTEE AND INDEMNITY In this guarantee and indemnity: “Contract” means the annexed contract of sale; “Guarantor” means the person or persons listed below and all of them if more than one; and capitalised terms have the meaning given to them in the Contract.

Name of Guarantor

Address of Guarantor

In consideration of the Vendor at the Guarantor's request agreeing to sell the Property described in the Contract for the Price and on the terms set out in the Contract, the Guarantor agrees with the Vendor that the Guarantor will on demand by the Vendor immediately pay to the Vendor the whole of the Deposit or balance of the Price or interest or other money then payable, if the Purchaser defaults in: 1

the payment of the Deposit or balance of the Price or interest or other money payable under the Contract; or

the performance of any other term of the Contract.

As a separate and independent obligation, the Guarantor must indemnify hold harmless and keep indemnified the Vendor against all losses and expenses incurred by the Vendor by reason of any default or repudiation under the Contract by the Purchaser. This guarantee and indemnity binds the legal personal representatives of each Guarantor and is a continuing guarantee and indemnity that will not be released by: 1

any neglect or forbearance of the Vendor in enforcing the payment of any money payable under the Contract; or

the performance of any term of the Contract; or

time being given to the Purchaser for any such payment or performance; or

the nomination of a substitute or additional Purchaser; or

any other thing which under the law relating to sureties would otherwise have the effect of releasing the Guarantor or the legal personal representatives of the Guarantor.

If the Guarantor comprises more than one person, this guarantee and indemnity binds all of them jointly and each of them severally, despite the failure of any person to execute or be bound by this guarantee and indemnity. The Guarantor agrees that the Vendor can enforce this guarantee and indemnity against the Guarantor without the need to first enforce the Contract or otherwise make any Claim or demand of or against the Purchaser.

80 The Guarantor acknowledges and warrants that it has obtained such independent legal or other advice about this guarantee and indemnity, and the Contract, as the Guarantor considers necessary.

EXECUTED as a deed on

SIGNED SEALED AND DELIVERED by the Guarantor in the presence of:

/ 20

) )

Witness

SIGNED SEALED AND DELIVERED by the Guarantor in the presence of:

Witness

) )

Vendor Statement The vendor makes this statement in respect of the land in accordance with section 32 of the Sale of Land Act 1962. This statement must be signed by the vendor and given to the purchaser before the purchaser signs the contract. The vendor may sign by electronic signature. The purchaser acknowledges being given this statement signed by the vendor with the attached documents before the purchaser signed any contract.

Land

Vendor’s name

Lot #LotNumber on proposed Plan of Subdivision PS842537H/S22 being part of “Five Farms” 270 – 272 Hardys Road, Clyde North 3978.

Glenda Margaret Novotny; Geoffrey Frank Allen and Kenneth Alfred Allen by being signed by their Power of Attorney dated the 25th August 2021 #purchaserStatement1Signer1Radio

Purchaser’s name

Date 7 July 2022

#purchaserStatement2Signer1Radio

Date #purchaser1Signer1Name

#purchaser1signer1DateSigned

#purchaser1Signer1Sign

Purchaser’s name

Date #purchaser2Signer1Name

#purchaser2Signer1Sign

#purchase2rsigner1DateSigned

FINANCIAL MATTERS 1.1

Particulars of any Rates, Taxes, Charges or Other Similar Outgoings (and any interest on them) (a) (b)

Their total does not exceed: Their amounts are:

$4,000.00

Authority

Amount

Interest (if any)

(1)

City of Casey

(1)

(2)

South East Water

(2)

(3)

State Revenue Office

(3)

(4)

Owners Corporation Levy – estimated

(3)

(c)

$800.00 - $1,100.00

(3)

There are NO amounts for which the purchaser may become liable as a consequence of the sale of which the vendor might reasonably be expected to have knowledge. None to the Vendor’s knowledge, save and except for the usual rate adjustments at settlement.

1.2

Particulars of any Charge (whether registered or not) imposed by or under any Act to secure an amount due under that Act, including the amount owing under the charge NIL

1.3

Terms Contract This section 1.3 only applies if this vendor statement is in respect of a terms contract where the purchaser is obliged to make 2 or more payments (other than a deposit or final payment) to the vendor after the execution of the contract and before the purchaser is entitled to a conveyance or transfer of the land. Not Applicable.

1.4

Sale Subject to Mortgage This section 1.4 only applies if this vendor statement is in respect of a contract which provides that any mortgage (whether registered or unregistered), is NOT to be discharged before the purchaser becomes entitled to possession or receipts of rents and profits. Not Applicable.

INSURANCE 2.1

Damage and Destruction This section 2.1 only applies if this vendor statement is in respect of a contract which does NOT provide for the land to remain at the risk of the vendor until the purchaser becomes entitled to possession or receipt of rents and profits. Not Applicable.

2.2

Owner Builder This section 2.2 only applies where there is a residence on the land that was constructed by an owner-builder within the preceding 6 years and section 137B of the Building Act 1993 applies to the residence. Not Applicable.

LAND USE 3.1

Easements, Covenants or Other Similar Restrictions (a)

A description of any easement, covenant or other similar restriction affecting the land (whether registered or unregistered): Is in the attached copies of title documents.

(b)

Particulars of any existing failure to comply with that easement, covenant or other similar restriction are:

To the Vendor's knowledge, there is no existing failure to comply with the terms of any easement, covenant or other similar restriction.

3.2

Road Access There is NO access to the property by road if the square box is marked with an ‘X’

3.3

Designated Bushfire Prone Area The land is in a designated bushfire prone area within the meaning of regulations made under the Building Act 1993 if the square box is marked with an ‘X’

3.4

Planning Scheme

The required specified information is as follows: Name of planning scheme Name of responsible authority Zoning of the land

Name of planning overlay

Casey Planning Scheme City of Casey Urban Growth Zone - Schedule 6; Urban Growth Zone – Schedule 12; Urban Growth Zone – Schedule 7; Infrasturcture Contributions Plan Overlay – Schedule 1; Development Contributions Plan Overlay _ Schedule 15.

A Proposed Amending Planning Scheme C221 has been placed on public exhibition which shows the property is included in a Urban Growth Zone – Schedule 12 – C 221; and maybe subject to a Growth Area Infrastructure Contribution.

NOTICES 4.1

Notice, Order, Declaration, Report or Recommendation Particulars of any notice, order, declaration, report or recommendation of a public authority or government department or approved proposal directly and currently affecting the land, being a notice, order, declaration, report, recommendation or approved proposal of which the vendor might reasonably be expected to have knowledge: Are as follows: The Vendors are not aware of nor have they received any notices.

4.2

Agricultural Chemicals There are NO notices, property management plans, reports or orders in respect of the land issued by a government department or public authority in relation to livestock disease or contamination by agricultural chemicals affecting the ongoing use of the land for agricultural purposes. However, if this is not the case, the details of any such notices, property management plans, reports or orders, are as follows: NIL

4.3

Compulsory Acquisition The particulars of any notices of intention to acquire that have been served under section 6 of the Land Acquisition and Compensation Act 1986 are as follows: NIL

BUILDING PERMITS Particulars of any building permit issued under the Building Act 1993 in the preceding 7 years (required only where there is a residence on the land): Not Applicable.

OWNERS CORPORATION This section 6 only applies if the land is affected by an owners corporation within the meaning of the Owners Corporations Act

2006. 6.1

Owners Corporation not active until registration of the Plan of Subdivision is registered. Owners Corporation Certificate with its required accompanying documents and statements, issued in accordance with section 151 of the Owners Corporations Act 2006 will be provided once Plan is registered. Model Rules for the Five Farms Residents Club is attached.

GROWTH AREAS INFRASTRUCTURE CONTRIBUTION (“GAIC”) GAIC for Stage 1 which land is being derived from Lot 3 on Plan of Subdivision 830159G has been paid and released from the State Revenue Office.

SERVICES The services which are marked with an ‘X’ in the accompanying square box are NOT connected to the land: Electricity supply

Gas supply

Water supply

Sewerage

Telephone services

TITLE Attached are copies of the following documents: 9.1

(a)

9.2

Registered Title A Register Search Statement and the document, or part of a document, referred to as the 'diagram location' in that statement which identifies the land and its location.

See Item 13.

10.

SUBDIVISION 10.1 Unregistered Subdivision This section 10.1 only applies if the land is subject to a subdivision which is not registered. (a)

Attached is a copy of the latest version of the plan if the plan of subdivision has not yet been certified.

10.2 Staged Subdivision This section 10.2 only applies if the land is part of a staged subdivision within the meaning of section 37 of the Subdivision Act 1988. Not Applicable. 10.3 Further Plan of Subdivision This section 10.3 only applies if the land is subject to a subdivision in respect of which a further plan within the meaning of the Subdivision Act 1988 is proposed. Not Applicable.

11.

DISCLOSURE OF ENERGY INFORMATION (Disclosure of this information is not required under section 32 of the Sale of Land Act 1962 but may be included in this vendor statement for convenience.) Details of any energy efficiency information required to be disclosed regarding a disclosure affected building or disclosure area affected area of a building as defined by the Building Energy Efficiency Disclosure Act 2010 (Cth) (a) to be a building or part of a building used or capable of being used as an office for administrative, clerical, professional or similar based activities including any support facilities; and (b) which has a net lettable area of at least 1000m²; (but does not include a building under a strata title system or if an occupancy permit was issued less than 2 years before the relevant date): Not Applicable.

12.

DUE DILIGENCE CHECKLIST (The Sale of Land Act 1962 provides that the vendor or the vendor’s licensed estate agent must make a prescribed due diligence checklist available to purchasers before offering land for sale that is vacant residential land or land on which there is a residence. The due diligence checklist is NOT required to be provided with, or attached to, this vendor statement but the checklist may be attached as a matter of convenience.)

Is attached.

13.

ATTACHMENTS (Any certificates, documents and other attachments may be annexed to this section 13) (Additional information may be added to this section 13 where there is insufficient space in any of the earlier sections) (Attached is an “Additional Vendor Statement” if section 1.3 (Terms Contract) or section 1.4 (Sale Subject to Mortgage) applies) 13.1 Due Diligence Checklist 13.2 Certificate of Title Volume 12234 Folio 452; 13.3 Plan of Subdivision No. 830159G; 13.4 Section 173 Agreement in Dealing No. AT303352S; 13.5 Section 173 Agreement in Dealing No. AT303427M; 13.6 Section 173 Agreement in Dealing No. AU334928E; 13.7 Certificate of Title Volume 12309 Folio 704; 13.8 Plan of Consolidation PC379042G; 13.9 Proposed Plan of Subdivision No. 839577N- Five Farm Residents Club; 13.10 Proposed Plan of Subdivision No. 842538F – Section 35 acquiring Authority; 13.11 Proposed Plan of Subdivision No. 842537H – Stage 1 – supplied – proposed registration date 1st quarter 2023; 13.12 Proposed Plan of Subdivision No. 842537/S2 – Stage 2 – not supplied; 13.13 Proposed Plan of Subdivision No. 842537/S3 – Stage 3 – not supplied; 13.14 Proposed Plan of Subdivision No. 842537/S4 – Stage 4 – not supplied; 13.15 Proposed Plan of Subdivision No. 842537/S5 – Stage 5 – not supplied; 13.16 Proposed Plan of Subdivision No. 842537/S6 – Stage 6 – not supplied; 13.17 Proposed Plan of Subdivision No. 842537/S8 – Stage 8 – not supplied; 13.18 Proposed Plan of Subdivision No. 842537/S21 – Stage 21 - supplied; 13.19 Proposed Plan of Subdivision No. 842537/S21 – Stage 22 - supplied; 13.20 Building Envelope Plan; 13.21 Endorsed Fencing Plan (condition 9 of Permit) 13.22 Design and Siting Guildelines; 13.23 Traffic Noise Assessment and Noise Control Guildelines; 13.24 Planning Permit Pln00571/19; 13.25 Concept Plan; 13.26 Indicative Subdivision & Staging Plan ; 13.27 South East Water Information Statement; 13.28 City of Casey Land Information Statement; 13.29 State Revenue Office land Tax Clearance Certificate; 13.30 Five Farms Resident Club Model Rules for owners Corporation; 13.31 Planning Certificate and Property Planning Report; 13.32 Sales / Engineering Plan 13.33 Power of Attorney dated the 25th August 2021.

Due diligence checklist What you need to know before buying a residential property Before you buy a home, you should be aware of a range of issues that may affect that property and impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify whether any of these issues will affect you. The questions are a starting point only and you may need to seek professional advice to answer some of them. You can find links to organisations and web pages that can help you learn more, by visiting the Due diligence checklist page on the Consumer Affairs Victoria website (consumer.vic.gov.au/duediligencechecklist).

Urban living Moving to the inner city? High density areas are attractive for their entertainment and service areas, but these activities create increased traffic as well as noise and odours from businesses and people. Familiarising yourself with the character of the area will give you a balanced understanding of what to expect. Is the property subject to an owners corporation? If the property is part of a subdivision with common property such as driveways or grounds, it may be subject to an owners corporation. You may be required to pay fees and follow rules that restrict what you can do on your property, such as a ban on pet ownership.

Growth areas Are you moving to a growth area? You should investigate whether you will be required to pay a growth areas infrastructure contribution.

Flood and fire risk Does this property experience flooding or bushfire? Properties are sometimes subject to the risk of fire and flooding due to their location. You should properly investigate these risks and consider their implications for land management, buildings and insurance premiums.

Rural properties Moving to the country? If you are looking at property in a rural zone, consider: • Is the surrounding land use compatible with your lifestyle expectations? Farming can create noise or odour that may be at odds with your expectations of a rural lifestyle. • Are you considering removing native vegetation? There are regulations which affect your ability to remove native vegetation on private property. • Do you understand your obligations to manage weeds and pest animals? Can you build new dwellings? Does the property adjoin crown land, have a water frontage, contain a disused government road, or are there any crown licences associated with the land? Is there any earth resource activity such as mining in the area? You may wish to find out more about exploration, mining and quarrying activity on or near the property and consider the issue of petroleum, geothermal and greenhouse gas sequestration permits, leases and licences, extractive industry authorisations and mineral licences.

Soil and groundwater contamination Has previous land use affected the soil or groundwater? You should consider whether past activities, including the use of adjacent land, may have caused contamination at the site and whether this may prevent you from doing certain things to or on the land in the future.

(04/10/2016) consumer.vic.gov.au/duediligencechecklist

Land boundaries Do you know the exact boundary of the property? You should compare the measurements shown on the title document with actual fences and buildings on the property, to make sure the boundaries match. If you have concerns about this, you can speak to your lawyer or conveyancer, or commission a site survey to establish property boundaries.

Planning controls Can you change how the property is used, or the buildings on it? All land is subject to a planning scheme, run by the local council. How the property is zoned and any overlays that may apply, will determine how the land can be used. This may restrict such things as whether you can build on vacant land or how you can alter or develop the land and its buildings over time. The local council can give you advice about the planning scheme, as well as details of any other restrictions that may apply, such as design guidelines or bushfire safety design. There may also be restrictions – known as encumbrances – on the property’s title, which prevent you from developing the property. You can find out about encumbrances by looking at the section 32 statement. Are there any proposed or granted planning permits? The local council can advise you if there are any proposed or issued planning permits for any properties close by. Significant developments in your area may change the local ‘character’ (predominant style of the area) and may increase noise or traffic near the property.

Safety Is the building safe to live in? Building laws are in place to ensure building safety. Professional building inspections can help you assess the property for electrical safety, possible illegal building work, adequate pool or spa fencing and the presence of asbestos, termites, or other potential hazards.

Building permits Have any buildings or retaining walls on the property been altered, or do you plan to alter them? There are laws and regulations about how buildings and retaining walls are constructed, which you may wish to investigate to ensure any completed or proposed building work is approved. The local council may be able to give you information about any building permits issued for recent building works done to the property, and what you must do to plan new work. You can also commission a private building surveyor’s assessment. Are any recent building or renovation works covered by insurance? Ask the vendor if there is any owner-builder insurance or builder’s warranty to cover defects in the work done to the property.

Utilities and essential services Does the property have working connections for water, sewerage, electricity, gas, telephone and internet? Unconnected services may not be available, or may incur a fee to connect. You may also need to choose from a range of suppliers for these services. This may be particularly important in rural areas where some services are not available.

Buyers’ rights Do you know your rights when buying a property? The contract of sale and section 32 statement contain important information about the property, so you should request to see these and read them thoroughly. Many people engage a lawyer or conveyancer to help them understand the contracts and ensure the sale goes through correctly. If you intend to hire a professional, you should consider speaking to them before you commit to the sale. There are also important rules about the way private sales and auctions are conducted. These may include a cooling-off period and specific rights associated with ‘off the plan’ sales. The important thing to remember is that, as the buyer, you have rights

( 04/10/2016) consumer.vic.gov.au/duediligencechecklist

Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. None of the State of Victoria, LANDATA REGD TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information. REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958 -------------------------------------------------------------------------------VOLUME 12234 FOLIO 452 Security no : 124090122035U Produced 25/05/2021 12:19 PM LAND DESCRIPTION ---------------Lot 3 on Plan of Subdivision 830159G. PARENT TITLE Volume 12229 Folio 413 Created by instrument PS830159G 24/07/2020 REGISTERED PROPRIETOR --------------------Estate Fee Simple TENANTS IN COMMON As to 1 of a total of 3 equal undivided shares Sole Proprietor GLENDA MARGARET NOVOTNY of 300 HARDYS ROAD CLYDE NORTH VIC 3978 As to 1 of a total of 3 equal undivided shares Sole Proprietor GEOFFREY FRANK ALLEN of 300 HARDYS ROAD CLYDE NORTH VIC 3978 As to 1 of a total of 3 equal undivided shares Sole Proprietor KENNETH ALFRED ALLEN of 300 HARDYS ROAD CLYDE NORTH VIC 3978 PS830159G 24/07/2020 ENCUMBRANCES, CAVEATS AND NOTICES --------------------------------MORTGAGE AT472961S 30/07/2020 FRASERS PROPERTY CLYDE NORTH PTY LTD Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below. AGREEMENT Section 173 Planning and Environment Act 1987 AT303352S 03/06/2020 AGREEMENT Section 173 Planning and Environment Act 1987 AT303427M 03/06/2020 AGREEMENT Section 173 Planning and Environment Act 1987 AU334928E 13/05/2021

DIAGRAM LOCATION ---------------SEE PS830159G FOR FURTHER DETAILS AND BOUNDARIES ACTIVITY IN THE LAST 125 DAYS ----------------------------NUMBER AU334928E (E)

AGREEMENT

STATUS Registered

DATE 17/05/2021

------------------------END OF REGISTER SEARCH STATEMENT-----------------------Additional information: (not part of the Register Search Statement) ADMINISTRATIVE NOTICES ---------------------NIL eCT Control 19234R MINTER ELLISON Effective from 31/07/2020 DOCUMENT END Delivered from the LANDATA® System by InfoTrack Pty Ltd. The information supplied by InfoTrack has been obtained from InfoTrack Pty Limited by agreement between them. The information supplied has been obtained by InfoTrack Pty Limited who is licensed by the State of Victoria to provide this information via LANDATA® System.

Department of Environment, Land, Water & Planning Electronic Instrument Statement Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. None of the State of Victoria, LANDATA REGD TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information. Produced 25/05/2021 12:24:49 PM Status Date and Time Lodged Lodger Details Lodger Code Name Address Lodger Box Phone Email Reference

Registered 03/06/2020 12:03:42 PM

Dealing Number

AT303352S

17829T RUSSELL KENNEDY

115905-01615

APPLICATION TO RECORD AN INSTRUMENT Jurisdiction

VICTORIA

Privacy Collection Statement The information in this form is collected under statutory authority and used for the purpose of maintaining publicly searchable registers and indexes. Estate and/or Interest FEE SIMPLE Land Title Reference 10032/881 Instrument and/or legislation RECORD - AGREEMENT - SECTION 173 Planning & Environment Act - section 173 Applicant(s) Name Address Property Name Street Name Street Type Locality State Postcode

CASEY CITY COUNCIL BUNJIL PLACE PATRICK NORTHEAST DRIVE NARRE WARREN VIC 3805

Additional Details Refer Image Instrument

Reference :115905-01615 LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX 250639 ABN 90 719 052 204

AT303352S

Page 1 of 2

Department of Environment, Land, Water & Planning Electronic Instrument Statement The applicant requests the recording of this Instrument in the Register. Execution 1. The Certifier has taken reasonable steps to verify the identity of the applicant or his, her or its administrator or attorney. 2. The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction including this Registry Instrument or Document. 3. The Certifier has retained the evidence supporting this Registry Instrument or Document. 4. The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement. Executed on behalf of CASEY CITY COUNCIL Signer Name ASTRID DI CARLO Signer Organisation PARTNERS OF RUSSELL KENNEDY Signer Role AUSTRALIAN LEGAL PRACTITIONER Execution Date 03 JUNE 2020 File Notes: NIL This is a representation of the digitally signed Electronic Instrument or Document certified by Land Use Victoria. Statement End.

Reference :115905-01615 LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX 250639 ABN 90 719 052 204

AT303352S

Page 2 of 2

Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Victorian Land Registry Services.

Document Type

Instrument

Document Identification

AT303352S

Number of Pages

(excluding this cover sheet)

Document Assembled

Copyright and disclaimer notice: © State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA® System. None of the State of Victoria, LANDATA®, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information. The document is invalid if this cover sheet is removed or altered.

Delivered by LANDATA®, timestamp 25/05/2021 12:24

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AT 30

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© State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA® System. None of the State of Victoria, LANDATA®, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

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Registered 03/06/2020 12:07:28 PM

Dealing Number

AT303427M

17829T RUSSELL KENNEDY

115905-01615

APPLICATION TO RECORD AN INSTRUMENT Jurisdiction

VICTORIA

CASEY CITY COUNCIL BUNJIL PLACE PATRICK NORTHEAST DRIVE NARRE WARREN VIC 3805

Additional Details Refer Image Instrument

Reference :115905-01615 LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX 250639 ABN 90 719 052 204

AT303427M

Page 1 of 2

Reference :115905-01615 LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX 250639 ABN 90 719 052 204

AT303427M

Page 2 of 2

Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Victorian Land Registry Services.

Document Type Document Identification Number of Pages

Instrument AT303427M 21

(excluding this cover sheet)

Document Assembled

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Department of Environment, Land, Water & Planning Electronic Instrument Statement Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. None of the State of Victoria, LANDATA REGD TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information. Produced 25/05/2021 12:24:48 PM Status Date and Time Lodged Lodger Details Lodger Code Name Address Lodger Box Phone Email Reference

Registered 13/05/2021 09:04:24 AM

Dealing Number

AU334928E

17223H MADDOCKS

TGM:8372647 - S173 A

APPLICATION TO RECORD AN INSTRUMENT Jurisdiction

VICTORIA

Privacy Collection Statement The information in this form is collected under statutory authority and used for the purpose of maintaining publicly searchable registers and indexes. Estate and/or Interest FEE SIMPLE Land Title Reference 12234/452 Instrument and/or legislation RECORD - AGREEMENT - SECTION 173 Planning & Environment Act - section 173 Applicant(s) Name Address Street Number Street Name Street Type Locality State Postcode

CASEY CITY COUNCIL 0 PATRICK NORTHEAST DRIVE NARRE WARREN VIC 3805

Additional Details Refer Image Instrument

Reference :TGM:8372647 - S173 A LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX 250639 ABN 90 719 052 204

AU334928E

Page 1 of 2

Department of Environment, Land, Water & Planning Electronic Instrument Statement The applicant requests the recording of this Instrument in the Register. Execution 1. The Certifier has taken reasonable steps to verify the identity of the applicant or his, her or its administrator or attorney. 2. The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction including this Registry Instrument or Document. 3. The Certifier has retained the evidence supporting this Registry Instrument or Document. 4. The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement. Executed on behalf of CASEY CITY COUNCIL Signer Name DAVID LITWIN Signer Organisation PARTNERS OF MADDOCKS Signer Role AUSTRALIAN LEGAL PRACTITIONER Execution Date 13 MAY 2021 File Notes: NIL This is a representation of the digitally signed Electronic Instrument or Document certified by Land Use Victoria. Statement End.

Reference :TGM:8372647 - S173 A LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX 250639 ABN 90 719 052 204

AU334928E

Page 2 of 2

Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Victorian Land Registry Services.

Document Type Document Identification Number of Pages

Instrument AU334928E 34

(excluding this cover sheet)

Document Assembled

Delivered by LANDATA®, timestamp 25/05/2021 12:24

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Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. None of the State of Victoria, LANDATA REGD TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information. REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958 -------------------------------------------------------------------------------VOLUME 12309 FOLIO 704 Security no : 124090474041E Produced 10/06/2021 02:19 PM LAND DESCRIPTION ---------------Land in Plan of Consolidation 379042G. PARENT TITLES : Volume 12229 Folio 412 Volume 12234 Folio 450 Created by instrument PC379042G 08/06/2021 REGISTERED PROPRIETOR --------------------Estate Fee Simple TENANTS IN COMMON As to 1 of a total of 3 equal undivided shares Sole Proprietor GLENDA MARGARET NOVOTNY of 300 HARDYS ROAD CLYDE NORTH VIC 3978 As to 1 of a total of 3 equal undivided shares Sole Proprietor GEOFFREY FRANK ALLEN of 300 HARDYS ROAD CLYDE NORTH VIC 3978 As to 1 of a total of 3 equal undivided shares Sole Proprietor KENNETH ALFRED ALLEN of 300 HARDYS ROAD CLYDE NORTH VIC 3978 PC379042G 08/06/2021 ENCUMBRANCES, CAVEATS AND NOTICES --------------------------------CAVEAT as to part AR217697C 06/07/2018 Caveator FRASERS PROPERTY CLYDE NORTH PTY LTD ACN: 107356098 Grounds of Claim MORTGAGE WITH THE FOLLOWING PARTIES AND DATE. Parties THE REGISTERED PROPRIETOR(S) Date 06/07/2018 Estate or Interest INTEREST AS MORTGAGEE Prohibition ABSOLUTELY Lodged by MINTER ELLISON

Notices to CARLA DELUCA of "RIALTO TOWERS" LEVEL 23 525 COLLINS STREET MELBOURNE VIC 3000 Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below. NOTICE Section 201UB Planning and Environment Act 1987 AH462111E 30/08/2010 AGREEMENT Section 173 Planning and Environment Act 1987 AT303352S 03/06/2020 AGREEMENT Section 173 Planning and Environment Act 1987 AT303427M 03/06/2020 DIAGRAM LOCATION ---------------SEE PC379042G FOR FURTHER DETAILS AND BOUNDARIES ACTIVITY IN THE LAST 125 DAYS ----------------------------NUMBER AU436670A (E) PC379042G (B) AU431978W (E)

MORTGAGE PLAN OF CONSOLIDATION NOMINATION OF ECT TO LC

STATUS Unregistered Registered Completed

DATE 09/06/2021 08/06/2021 08/06/2021

------------------------END OF REGISTER SEARCH STATEMENT-----------------------Additional information: (not part of the Register Search Statement) Street Address: 350S HARDYS ROAD CLYDE NORTH VIC 3978 ADMINISTRATIVE NOTICES ---------------------AU431978W NOMINATION OF ECT TO LC 08/06/2021 eCT Nominated to Lodgement Case 206537373 eCT Control 18030P DUFFY & SIMON Effective from 08/06/2021 DOCUMENT END Delivered from the LANDATA® System by InfoTrack Pty Ltd. The information supplied by InfoTrack has been obtained from InfoTrack Pty Limited by agreement between them. The information supplied has been obtained by InfoTrack Pty Limited who is licensed by the State of Victoria to provide this information via LANDATA® System.

PLAN OF CONSOLIDATION LOCATION OF LAND PARISH:

PC379042G

EDITION 1

COUNCIL NAME: CITY OF CASEY CRANBOURNE

TOWNSHIP: SECTION: CROWN ALLOTMENT:

64A (PART)

TITLE REFERENCE:

VOL. FOL. VOL. 12229 FOL. 412 PS830159G (LOT 1) PS826177D (LOT C)

LAST PLAN REFERENCE: POSTAL ADDRESS:

270-272 HARDYS ROAD CLYDE NORTH 3978

(at time of subdivision)

MGA CO-ORDINATES:

(of approx centre of land in plan)

356 600

ZONE: 55

N: 5 780 380

GDA 94

VESTING OF ROADS AND/OR RESERVES IDENTIFIER

COUNCIL/BODY/PERSON

NIL

NOTATIONS LOT E COMPRISES TWO PARTS. CARRIAGEWAY EASEMENT CREATED AS E-3 IN FAVOR OF LOT C ON PS826177D MERGES UPON THE RESGISTRATION THIS PLAN.

NOTATIONS DEPTH LIMITATION: 15.24m This is a SPEAR plan. STAGING: This is not a staged subdivision. Planning Permit No. SURVEY: This plan is based on survey. This survey has been connected to permanent marks No(s). PM13, PM97, PM100 & DVA69/86. In Proclaimed Survey Area No. 71

EASEMENT INFORMATION LEGEND:

A - Appurtenant Easement

E - Encumbering Easement

R - Encumbering Easement (Road)

Easement Reference

Purpose

Width (Metres)

Origin

E-1 E-2 A-4

SUPPLY OF WATER CARRIAGEWAY CARRIAGEWAY

3 6 6

AG883951R PS826176F PS830159G

Beveridge Williams

SURVEYORS FILE REF:

1702037/1C 1702037-1C-PC-V2.DWG

development & environment consultants

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 2, DATE: 13/10/2020

Land Benefited/In Favour Of VOL. 10153 FOL. 602 LOT A ON PS826176F LOT 1 ON PS830159G

ORIGINAL SHEET SIZE: A3

SHEET 1 OF 2

PC379042G

Beveridge Williams

SURVEYORS REF

1702037/1C

SCALE 1 : 5000

development & environment consultants

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

100

150

LENGTHS ARE IN METRES

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 2, DATE: 13/10/2020

200

ORIGINAL SHEET SIZE: A3

SHEET 2

PLAN OF SUBDIVISION LOCATION OF LAND PARISH:

PS839577N

EDITION 1

COUNCIL NAME: CITY OF CASEY CRANBOURNE

TOWNSHIP: SECTION: CROWN ALLOTMENT:

64A (PART)

TITLE REFERENCE:

VOL.

LAST PLAN REFERENCE:

PC379042G (LOT E)

POSTAL ADDRESS:

FOL.

270-272 HARDYS ROAD CLYDE NORTH 3978

(at time of subdivision)

MGA CO-ORDINATES:

(of approx centre of land in plan)

356 420

ZONE: 55

N: 5 780 480

GDA 94

VESTING OF ROADS AND/OR RESERVES IDENTIFIER

COUNCIL/BODY/PERSON

NIL

NOTATIONS LOT G COMPRISES TWO PARTS.

NOTATIONS DEPTH LIMITATION: 15.24m This is a SPEAR plan. STAGING: This is not a staged subdivision. Planning Permit No. PlnA_--SURVEY: This plan is based on survey. This survey has been connected to permanent marks No(s). PM13, PM97, PM100 & DVA69/86. In Proclaimed Survey Area No. 71

EASEMENT INFORMATION LEGEND:

A - Appurtenant Easement

E - Encumbering Easement

R - Encumbering Easement (Road)

Easement Reference

Purpose

Width (Metres)

Origin

Land Benefited/In Favour Of

E-1 E-2 E-3 A-4

SUPPLY OF WATER CARRIAGEWAY CARRIAGEWAY CARRIAGEWAY

3 6 6 6

AG883951R PS826176F THIS PLAN PS830159G

VOL. 10153 FOL. 602 LOT A ON PS826176F LOT F ON THIS PLAN LOT 1 ON PS830159G

Beveridge Williams

SURVEYORS FILE REF:

1702037/1D 1702037-1D-PS-V2.DWG

development & environment consultants

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 2, DATE: 13/10/2020

ORIGINAL SHEET SIZE: A3

SHEET 1 OF 2

PS839577N

Beveridge Williams

SURVEYORS REF

1702037/1D

SCALE 1 : 5000

development & environment consultants

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

100

150

LENGTHS ARE IN METRES

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 2, DATE: 13/10/2020

200

ORIGINAL SHEET SIZE: A3

SHEET 2

PLAN OF SUBDIVISION UNDER SECTION 35 OF THE SUBDIVISION ACT 1988

LOCATION OF LAND PARISH:

PS842538F

EDITION 1

COUNCIL NAME: CASEY CITY COUNCIL CRANBOURNE

TOWNSHIP: SECTION: CROWN ALLOTMENT:

64A (PART)

TITLE REFERENCE:

VOL.

LAST PLAN REFERENCE: POSTAL ADDRESS:

FOL.

PS839577N (LOT G) 272A HARDYS ROAD CLYDE NORTH 3978

(at time of subdivision)

MGA CO-ORDINATES:

(of approx centre of land in plan)

E: 356 590

ZONE: 55

N: 5 780 950

GDA 94

VESTING OF ROADS AND/OR RESERVES

NOTATIONS

ROADS AND RESERVES VEST IN THE COUNCIL/BODY/PERSON NAMED WHEN THE APPROPRIATE VESTING DATE IS RECORDED OR TRANSFER REGISTERED. ONLY ROADS AND RESERVES MARKED THUS (%) VEST UPON REGISTRATION OF THIS PLAN. IDENTIFIER

COUNCIL/BODY/PERSON

ROAD R1

CASEY CITY COUNCIL

ALL THE LAND IS TO BE ACQUIRED FREE FROM ALL ENCUMBRANCES OTHER THAN ANY EASEMENTS SPECIFIED ON THIS PLAN. LAND TO BE ACQUIRED BY COMPULSORY PROCESS : NIL LAND TO BE ACQUIRED BY AGREEMENT: ROAD R1

LOT H COMPRISES TWO PARTS.

NOTATIONS DEPTH LIMITATION: 15.24m This is a SPEAR plan. STAGING: This is not a staged subdivision. Planning Permit No. -----SURVEY: This plan is based on survey. This survey has been connected to permanent marks No(s). PM13, PM97, PM100 & DVA69/86. In Proclaimed Survey Area No. 71

EASEMENT INFORMATION LEGEND:

A - Appurtenant Easement

E - Encumbering Easement

R - Encumbering Easement (Road)

EASEMENTS MARKED ( - ) ARE EXISTING EASEMENTS. EASEMENTS MARKED ( + ) ARE CREATED UPON REGISTRATION OF THIS PLAN. EASEMENTS MARKED ( ) ARE CREATED WHEN THE APPROPRIATE VESTING DATE IS RECORDED OR TRANSFER REGISTERED. EASEMENTS MARKED (* # ) ARE REMOVED WHEN THE APPROPRIATE VESTING DATE IS RECORDED OR TRANSFER REGISTERED. Symbol

Easement Reference

E-1 E-2 E-3 A-4

Purpose SUPPLY OF WATER CARRIAGEWAY CARRIAGEWAY CARRIAGEWAY

Beveridge Williams

Width (Metres)

Origin

Land Benefited/In Favour Of

3 6 6 6

AG883951R PS826176F PS839577N PS830159G

VOL. 10153 FOL. 602 LOT A ON PS826176F LOT F ON PS839577N LOT 1 ON PS830159G

SURVEYORS FILE REF:

1702037/1E 1702037-1E-PS-V1.dwg

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LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 16/10/2020

ORIGINAL SHEET SIZE: A3

SHEET 1 OF 3

PS842538F

Beveridge Williams

SURVEYORS REF

1702037/1E

SCALE 1 : 5000

development & environment consultants

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100

150

LENGTHS ARE IN METRES

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 16/10/2020

200

ORIGINAL SHEET SIZE: A3

SHEET 2

PS842538F

VESTING DATES & TRANSFER REGISTRATION DATES OF ACQUIRED LAND Land acquired by agreement

Land acquired by compulsory process Land affected

Vesting date

Government Gazette Page

Year

Date of recording of vesting

Date of registration of transfer

LRS reference

Assistant Registrar of Titles Signature

ROAD R1

Beveridge Williams

SURVEYORS REF

1702037/1E

development & environment consultants

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LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 16/10/2020

ORIGINAL SHEET SIZE: A3

SHEET 3

LOCATION OF LAND PARISH:

PS842537H

EDITION 1 Council Name: Casey City Council

COUNCIL NAME: CITY OF CASEY

SPEAR Reference Number: S165428H

CRANBOURNE

TOWNSHIP: SECTION: CROWN ALLOTMENT:

64A (PART)

TITLE REFERENCE:

VOL. 12234 FOL. 452 VOL. FOL.

LAST PLAN REFERENCE:

PS830159G (LOT 3) PS842538F (LOT H) 350 - 1650 POUND ROAD & 272A HARDYS ROAD CLYDE NORTH 3978

POSTAL ADDRESS: (at time of subdivision)

MGA CO-ORDINATES:

(of approx centre of land in plan)

356 970

N: 5 780 300

ZONE: 55 GDA 94

VESTING OF ROADS AND/OR RESERVES IDENTIFIER

COUNCIL/BODY/PERSON

ROAD R1 RESERVE No.1 RESERVE No.2 RESERVE No.3 RESERVE No.11

CITY OF CASEY AUSNET ELECTRICITY SERVICES PTY LTD CITY OF CASEY CITY OF CASEY AUSNET ELECTRICITY SERVICES PTY LTD

NOTATIONS LOTS 1 TO 100 (BOTH INCLUSIVE) HAVE BEEN OMITTED FROM THIS PLAN. FOR RESTRICTIONS AFFECTING LOTS 101 TO 140 (BOTH INCLUSIVE) SEE CREATION OF RESTRICTION ON SHEET 7. OTHER PURPOSES OF PLAN: TO REMOVE THAT PART OF THE CARRIAGEWAY EASEMENT CREATED AS E-4 ON PS830159G CONTAINED WITHIN BELLS ROAD ON THIS PLAN. GROUNDS FOR REMOVAL OF EASEMENT: CARRIAGEWAY EASEMENT NO LONGER AFFECTS VIDE SCHEDULE 5, SECTION 14 OF THE ROAD MANAGEMENT ACT 2004.

NOTATIONS DEPTH LIMITATION: 15.24m This is a SPEAR plan. STAGING: This is a staged subdivision. Planning Permit No. PlnA00571/19 SURVEY: This plan is based on survey. This survey has been connected to permanent marks No(s). PM13, PM97, PM100 & DVA69/86. In Proclaimed Survey Area No. 71

LOTS IN THIS PLAN MAY BE AFFECTED BY ONE OR MORE OWNERS CORPORATIONS. For details of Owners Corporation(s) including: purpose, responsibility and entitlement and liability, see Owners Corporation search report, Owners Corporation rules and Owners Corporation additional information. None of the easements and rights set out in section (2) of Section 12 of the Subdivision Act 1988 are implied over any of the land in this plan

Estate: Five Farms Stage No.: 1 No. of Lots: 40 + Lot S2, S11 & S50 PHASE AREA: 5.157ha

EASEMENT INFORMATION LEGEND:

A - Appurtenant Easement

E - Encumbering Easement

R - Encumbering Easement (Road)

Easement Reference

Purpose

Width (Metres)

Origin

Land Benefited/In Favour Of

E-1 E-2 E-3 E-4 E-7, E-8 E-7, E-6

SUPPLY OF WATER CARRIAGEWAY CARRIAGEWAY CARRIAGEWAY DRAINAGE SEWERAGE

3 6 6 6 SEE DIAG. SEE DIAG.

AG883951R PS826176F PS839577N PS830159G THIS PLAN THIS PLAN

VOL. 10153 FOL. 602 LOT A ON PS826176F LOT F ON PS839577N LOT 1 ON PS830159G CITY OF CASEY SOUTH EAST WATER CORPORATION

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SURVEYORS FILE REF:

1702037/1 1702037-1-PS-V5.DWG

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (5), VERSION 5, DATE: 23/05/2021 24/05/2021, SPEAR Ref: S165428H

ORIGINAL SHEET SIZE: A3

SHEET 1 OF 7

WARNING - This document is a working document in the SPEAR approval process. It is subject to revision and change and therefore should not be relied on. If you have any questions about this document please contact the person from Beveridge Williams & Co Pty Ltd who gave you access to SPEAR / this document. SPEAR Ref: S165428H 03/06/2021 08:20 am

PLAN OF SUBDIVISION

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SURVEYORS REF

1702037/1

SCALE 1 : 7000

140

210

LENGTHS ARE IN METRES

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (5), VERSION 5, DATE: 23/05/2021 24/05/2021, SPEAR Ref: S165428H

280

ORIGINAL SHEET SIZE: A3

SHEET 2

PS842537H

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SURVEYORS REF

1702037/1

SCALE 1 : 2000

LENGTHS ARE IN METRES

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (5), VERSION 5, DATE: 23/05/2021 24/05/2021, SPEAR Ref: S165428H

ORIGINAL SHEET SIZE: A3

SHEET 3

PS842537H

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SURVEYORS REF

1702037/1

SCALE 1 : 500

LENGTHS ARE IN METRES

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (5), VERSION 5, DATE: 23/05/2021 24/05/2021, SPEAR Ref: S165428H

ORIGINAL SHEET SIZE: A3

SHEET 4

PS842537H

Beveridge Williams development & environment consultants

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SURVEYORS REF

1702037/1

SCALE 1 : 500

LENGTHS ARE IN METRES

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (5), VERSION 5, DATE: 23/05/2021 24/05/2021, SPEAR Ref: S165428H

ORIGINAL SHEET SIZE: A3

SHEET 5

PS842537H

Beveridge Williams development & environment consultants

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SURVEYORS REF

1702037/1

SCALE 1 : 500

LENGTHS ARE IN METRES

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (5), VERSION 5, DATE: 23/05/2021 24/05/2021, SPEAR Ref: S165428H

ORIGINAL SHEET SIZE: A3

SHEET 6

PS842537H

Beveridge Williams development & environment consultants

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SURVEYORS REF

1702037/1

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (5), VERSION 5, DATE: 23/05/2021 24/05/2021, SPEAR Ref: S165428H

ORIGINAL SHEET SIZE: A3

SHEET 7

PS842537H

PLAN No. PS842537H

OWNERS CORPORATION 1

LAND AFFECTED BY OWNERS CORPORATION: LOTS 101 TO 140 (BOTH INCLUSIVE), LOT S2 AND LOT S11 COMMON PROPERTY No.1 LIMITATIONS OF OWNERS CORPORATION: UNLIMITED

NOTATIONS:

TOTALS THIS SCHEDULE BALANCE OF EXISTING OC OVERALL TOTALS

ENTITLEMENT 16040 0

LIABILITY 402 0

16040

402

LOT ENTITLEMENT AND LOT LIABILITY LOT

101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130

ENTITLEMENT

10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10

LIABILITY

LOT

10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10

131 132 133 134 135 136 137 138 139 140 S2 S11

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ENTITLEMENT

10 10 10 10 10 10 10 10 10 10 5440 10200

LIABILITY

LOT

ENTITLEMENT

LIABILITY

ORIGINAL SHEET SIZE: A3

SHEET 1

10 10 10 10 10 10 10 10 10 10 1 1

SURVEYORS REF

1702037/1

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (5), VERSION 5, DATE: 23/05/2021 24/05/2021, SPEAR Ref: S165428H

PS842537H

OWNERS CORPORATION SCHEDULE

PLAN OF SUBDIVISION

EDITION 1

LOCATION OF LAND PARISH:

PS842537H/S21

COUNCIL NAME: CITY OF CASEY

CRANBOURNE

TOWNSHIP: SECTION: CROWN ALLOTMENT:

64A (PART)

TITLE REFERENCE:

VOL.

FOL.

LAST PLAN REFERENCE: PS842537H/S1 (LOT S21) PS842537H/S1 (COMMON PROPERTY No.1) POSTAL ADDRESS: (at time of subdivision)

350S HARDYS ROAD CLYDE NORTH 3978

MGA CO-ORDINATES:

(of approx centre of land in plan)

356 650

N: 5 780 800

ZONE: 55 GDA 94

VESTING OF ROADS AND/OR RESERVES IDENTIFIER

COUNCIL/BODY/PERSON

ROAD R21 RESERVE No.15 RESERVE No.16

CITY OF CASEY CITY OF CASEY AUSNET ELECTRICITY SERVICES PTY LTD

NOTATIONS LOTS 1 TO 2100 (BOTH INCLUSIVE) HAVE BEEN OMITTED FROM THIS PLAN. FOR RESTRICTIONS AFFECTING LOTS 2101 TO 2145 (BOTH INCLUSIVE) SEE CREATION OF RESTRICTION ON SHEET 7. OTHER PURPOSES OF PLAN: 1) TO REMOVE THAT PART OF THE SEWERAGE EASEMENT CREATED AS E-6 AND E-7 ON PS842537H/S1 CONTAINED WITHIN WILD GOOSE WAY ON THIS PLAN. 2) TO REMOVE THAT PART OF THE DRAINAGE EASEMENT CREATED AS E-7 AND E-8 ON PS842537H/S1 CONTAINED WITHIN WILD GOOSE WAY ON THIS PLAN.

NOTATIONS DEPTH LIMITATION: 15.24m This is a SPEAR plan. STAGING: This is a staged subdivision. Planning Permit No. PA21-0705 SURVEY: This plan is based on survey. This survey has been connected to permanent marks No(s). PM13, PM97, PM100 & DVA69/86 in Proclaimed Survey Area No. 71

GROUNDS FOR REMOVAL OF EASEMENT: AGREEMENT FROM ALL INTERESTED PARTIES (SECTION 6(1)K SUBDIVISION ACT 1988) LOTS IN THIS PLAN MAY BE AFFECTED BY ONE OR MORE OWNERS CORPORATIONS. For details of Owners Corporation(s) including: purpose, responsibility and entitlement and liability, see Owners Corporation search report, Owners Corporation rules and Owners Corporation additional information. None of the easements and rights set out in section (2) of Section 12 of the Subdivision Act 1988 are implied over any of the land in this plan

Estate: Five Farms Stage No.: 21 No. of Lots: 45 + Lot S22 & S23 STAGE AREA: 3.580ha

EASEMENT INFORMATION LEGEND:

A - Appurtenant Easement

E - Encumbering Easement

R - Encumbering Easement (Road)

Easement Reference

Purpose

Width (Metres)

E-1 E-2 E-8 E-6, E-11 E-10, E-11 E-3 E-4

SUPPLY OF WATER CARRIAGEWAY DRAINAGE SEWERAGE DRAINAGE SEWERAGE DRAINAGE

3 6 SEE DIAG. SEE DIAG. SEE DIAG. 2.50 2

Beveridge Williams

SURVEYORS FILE REF:

Origin AG883951R PS826176F PS842537H/S1 PS842537H/S1 PS842537H/S1 THIS PLAN - STAGE 21 THIS PLAN - STAGE 21

1702037/21 1702037-21-PS-V1.DWG

development & environment consultants

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LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 21/04/2022

Land Benefited/In Favour Of VOL. 10153 FOL. 602 LOT A ON PS826176F CITY OF CASEY SOUTH EAST WATER CORPORATION MELBOURNE WATER CORPORATION SOUTH EAST WATER CORPORATION CITY OF CASEY

ORIGINAL SHEET SIZE: A3

SHEET 1 OF 7

PS842537H/S21

Beveridge Williams

SURVEYORS REF

1702037/21

SCALE 1 : 4000

development & environment consultants

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

120

LENGTHS ARE IN METRES

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 21/04/2022

160

ORIGINAL SHEET SIZE: A3

SHEET 2

PS842537H/S21

Beveridge Williams

SURVEYORS REF

1702037/21

SCALE 1 : 1500

development & environment consultants

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

LENGTHS ARE IN METRES

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 21/04/2022

ORIGINAL SHEET SIZE: A3

SHEET 3

PS842537H/S21

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SURVEYORS REFERENCE

SCALE 1 : 750

7.5

22.5

LENGTHS ARE IN METRES

1702037/21 LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 21/04/2022

ORIGINAL SHEET SIZE: A3

SHEET 4

PS842537H/S21

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SURVEYORS REFERENCE

SCALE 1 : 750

7.5

22.5

LENGTHS ARE IN METRES

1702037/21 LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 21/04/2022

ORIGINAL SHEET SIZE: A3

SHEET 5

PS842537H/S21

Beveridge Williams

SURVEYORS REF

1702037/21

SCALE 1 : 400

development & environment consultants

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

LENGTHS ARE IN METRES

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 21/04/2022

ORIGINAL SHEET SIZE: A3

SHEET 6

PS842537H/S21

Beveridge Williams

SURVEYORS REF

1702037/21

development & environment consultants

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 21/04/2022

ORIGINAL SHEET SIZE: A3

SHEET 7

PS842537H/S21

OWNERS CORPORATION SCHEDULE

PLAN No. PS842537H

OWNERS CORPORATION 1

LAND AFFECTED BY OWNERS CORPORATION: LOTS 2101 TO 2145 (BOTH INCLUSIVE), LOT S22 AND LOT S23 COMMON PROPERTY No.1 LIMITATIONS OF OWNERS CORPORATION: UNLIMITED

NOTATIONS:

TOTALS THIS SCHEDULE BALANCE OF EXISTING OC OVERALL TOTALS

ENTITLEMENT 8630

LIABILITY 452

6930

2851

16040

3303

LOT ENTITLEMENT AND LOT LIABILITY LOT

2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130

ENTITLEMENT

10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10

LIABILITY

LOT

10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10

2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 S22 S23

Beveridge Williams

ENTITLEMENT

10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 320 8340

LIABILITY

www.beveridgewilliams.com.au

ENTITLEMENT

LIABILITY

ORIGINAL SHEET SIZE: A3

SHEET 1

10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 1 1

SURVEYORS REF

1702037/21

development & environment consultants

Melbourne ph : 03 9524 8888

LOT

LICENSED SURVEYOR: JAMES ARTHUR WIGGINS VERSION 1, DATE: 21/04/2022

PLAN OF SUBDIVISION LOCATION OF LAND PARISH:

PS842537H/S22

EDITION 1 Council Name: Casey City Council

COUNCIL NAME: CITY OF CASEY

SPEAR Reference Number: S196236B

CRANBOURNE

TOWNSHIP: SECTION: CROWN ALLOTMENT:

64A (PART)

TITLE REFERENCE:

VOL.

FOL.

LAST PLAN REFERENCE: PS842537H/S21 (LOT S22)

POSTAL ADDRESS: (at time of subdivision)

350S HARDYS ROAD CLYDE NORTH 3978

MGA CO-ORDINATES:

(of approx centre of land in plan)

356 730

ZONE: 55

N: 5 780 680

GDA 94

VESTING OF ROADS AND/OR RESERVES IDENTIFIER

COUNCIL/BODY/PERSON

ROAD R22 RESERVE No.17

CITY OF CASEY CITY OF CASEY

NOTATIONS LOTS 1 TO 2200 (BOTH INCLUSIVE) HAVE BEEN OMITTED FROM THIS PLAN. FOR RESTRICTION AFFECTING LOTS 2201 TO 2232 (BOTH INCLUSIVE) SEE CREATION OF RESTRICTION A ON SHEET 3. FOR RESTRICTION AFFECTING LOTS 2201, 2222, 2223 AND 2224 SEE CREATION OF RESTRICTION B ON SHEET 3. OTHER PURPOSES OF PLAN: 1) TO REMOVE THAT PART OF THE SEWERAGE EASEMENT CREATED AS E-3 ON PS842537H/S1 CONTAINED WITHIN HEART LOOP ON THIS PLAN.

GROUNDS FOR REMOVAL OF EASEMENT: AGREEMENT FROM ALL INTERESTED PARTIES (SECTION 6(1)K SUBDIVISION ACT 1988)

EASEMENT INFORMATION LEGEND:

A - Appurtenant Easement

E - Encumbering Easement

R - Encumbering Easement (Road)

Easement Reference

Purpose

Width (Metres)

Origin

E-4 E-1

DRAINAGE DRAINAGE

2 2

PS842537H/S21 THIS PLAN - STAGE 22

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SURVEYORS FILE REF:

1702037/22 1702037-22-PS-V2.DWG

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (2), VERSION 2, DATE: 16/06/2022 16/06/2022, SPEAR Ref: S196236B

Land Benefited/In Favour Of CITY OF CASEY CITY OF CASEY

ORIGINAL SHEET SIZE: A3

SHEET 1 OF 3

PS842537H/S22

Beveridge Williams development & environment consultants

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SURVEYORS REFERENCE

1702037/22

SCALE 1 : 600

LENGTHS ARE IN METRES

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (2), VERSION 2, DATE: 16/06/2022 16/06/2022, SPEAR Ref: S196236B

ORIGINAL SHEET SIZE: A3

SHEET 2

PS842537H/S22

Beveridge Williams development & environment consultants

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SURVEYORS REF

1702037/22

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (2), VERSION 2, DATE: 16/06/2022 16/06/2022, SPEAR Ref: S196236B

ORIGINAL SHEET SIZE: A3

SHEET 3

PS842537H/S22

OWNERS CORPORATION SCHEDULE

PLAN No. PS842537H

OWNERS CORPORATION 1

LAND AFFECTED BY OWNERS CORPORATION: LOTS 2201 TO 2232 (BOTH INCLUSIVE) COMMON PROPERTY No.1 LIMITATIONS OF OWNERS CORPORATION: UNLIMITED

NOTATIONS:

TOTALS THIS SCHEDULE BALANCE OF EXISTING OC OVERALL TOTALS

ENTITLEMENT 320

LIABILITY 320

15690

2531

16040

2851

LOT ENTITLEMENT AND LOT LIABILITY LOT

2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230

ENTITLEMENT

10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10

LIABILITY

LOT

10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10

2231 2232

Beveridge Williams development & environment consultants

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ENTITLEMENT

10 10

LIABILITY

LOT

ENTITLEMENT

LIABILITY

ORIGINAL SHEET SIZE: A3

SHEET 1

10 10

SURVEYORS REF

1702037/22

Digitally signed by: James Arthur Wiggins, Licensed Surveyor, LICENSED SURVEYOR: JAMES ARTHUR WIGGINS Surveyor's Plan Version (2), VERSION 2, DATE: 16/06/2022 16/06/2022, SPEAR Ref: S196236B

FIVE FARMS - STAGE 22 BUILDING ENVELOPE DIAGRAM

LEGEND Building Envelope

Beveridge Williams

development & environment consultants Melbourne ph : 03 9524 8888

SCALE 1:800

@ A4

www.beveridgewilliams.com.au

Ref: 1702037/22 Ver B 1702037-22-BE-Ver B.dwg

Document Set ID: 16297547 Version: 1, Version Date: 17/06/2022

Sheet 1 of 1

Fencing Strategy

Littlecroft Precinct - Five Farms, 270-272 Hardys Road, Clyde North

The urban design of the development will allow for areas of additional landscape embellishment, including feature fencing and plantings to improve the interfaces between lots, open spaces, thoroughfares and to establish a ‘site wide’ character. Proposed fencing shall:

•

Feature low maintenance, hard wearing materials that may be carried through the Five Farms development;

•

Feature high screening between the rear of lots and exposed dwelling edges;

•

Utilise materials that are low maintenance and hard wearing;

•

Provide a common link throughout the neighbourhood;

•

Provide a balance of both permeability and privacy to suit the application

Fencing Type 01 Arterial + Entry Fencing: Corten (5% transparency) + Concrete Panels 2m high (0% transparency)

Fencing Type 03 Residential Boundary Fencing: Colourbond (0% transparency) 1.5m high with 0.3m high horizontal slats

NOTE: 1. Fencing details and dimensions to be further resolved during Detail Design phase

Beveridge Williams

HARDYS ROAD

Proposed fencing shall include:

Local Park (part of future

•

Fencing Type 01: Arterial Fencing. Consisting of Corten Steel and Concrete Panels at 2m high with planting abutting fence at traffic interfaces. This fencing shall provide a low maintenance and highly durable entry fencing located at key arterial interfaces. It is to be designed to be non-climbable in line with Council’s safety requirements and footings are to be located on private lots.

•

Fencing Type 03: Residential Boundary Fencing. 1.8m high fencing consisting of Colourbond steel to 1.5m with 0.3m high horizontal slats. This fencing shall provide a low maintenance and highly durable fencing option that maximises privacy to residential lots. Footings are to be located on private lots.

•

Vehicle exclusion fencing along key interfaces between road reserves and open spaces to be confirmed in detailed design phase to Council approval. Indicative locations shown on plan

precinct)

BELLS ROAD PRECINCT 1

LEGEND Fencing Type 01 - Arterial Fencing Fencing Type 03 - Residential Boundary Fencing Vehicle exclusion fencing

HEATHER

Figure 4:

Fencing Layout Plan - NTS

Precinct 1 - 270-272 Hardys Road, Clyde North

GROVE

NOTE: 1. Fencing details and dimensions to be further resolved during Detail Design phase 2. All fencing to be designed to be non-climbable in line with Council’s safety requirements 3. Temporary fencing is to be provided around superlots until they are developed

Design and Siting Guidelines

Imagine somewhere with wellness at its core. Where every decision was based around people’s wellbeing and traditional community values are combined with the latest in urban planning. Where the area’s local farming history informs its future. Where health, happiness, prosperity, sustainability and community all come together to create a place like no other. They are our aims here at Five Farms. To provide a home where you can not only live, but live well.

Five Farms

Five Farms is a master planned residential community that is being designed and developed by Frasers Property Australia. With wellness at its core and in order to protect your investment, we require that the development of homes maximises a high level of design and quality. These guidelines deal with the planning and development of vacant residential lots at Five Farms, located within the City of Casey. The principal aim of these Design Guidelines (“Guidelines”) is to create a coherent vision for the Five Farms community. Developed to enhance the lifestyle and investment of purchasers, the Guidelines are designed to help ensure all homes at Five Farms are built to a high standard whilst encouraging a variety of housing styles and compatibility with the streetscape. The Guidelines will assist in providing you with peace of mind, while helping to protect the value of your property. Each individual house design should contribute to enhancing the surrounding environment and the estate. Owners are encouraged to construct innovative and appropriately designed homes that address sustainability and complement the estate. Building Envelopes have been designed for all allotments over 300sqm so that homes are appropriately sited, to help limit overlooking and overshadowing. These can be found in the Building Envelope Diagram in your Contract of Sale. Lots 300sqm and under are subject to the Small Lot Housing Code as designated on the Building Envelope Diagram.

Live Well

The Design Assessment Panel (“DAP”) will be responsible for the review and approvals of your house plans. All proposed building works including houses, garages, outbuildings and fencing are required to be approved by the DAP in relation to these Guidelines prior to seeking a Building Permit. Each home built at Five Farms will undergo a review by the DAP based on its adherence to the Guidelines, set-out below, and how it relates to the overall vision for Five Farms. The DAP will exercise its discretion and will approve outside of these guidelines assessed on its architectural merit. It is important to note that Covenants or Restrictions on the Plan of Subdivision cannot be changed by the DAP and therefore must always be adhered to. The Guidelines are subject to change at any time without notice. Building Envelope details for each lot can be found within the Building Envelope Diagram for each stage. The Design Guidelines will cease to apply as prescribed in the Plan of Subdivision, at which the appropriate local and state government statutory regulations will continue to apply.

Our Approach

1. PRIOR TO BUILD

APPROVAL PROCESS

2. PLACING THE HOME

LOCATING

HOUSE ORIENTATION

EXAMPLE OF CLIMATICALLY RESPONSIVE HOUSE ORIENTATION AND DESIGN

BUILDING ENVELOPES

ARCHITECTURAL STYLE & FRONTAGE

MATERIALS

EAVES & ROOF

PARAPET WALLS

GARAGES & CARPORTS

PORCH, PORTICO & VERANDAH

CORNER AND REAR ACCESS LOTS (DOUBLE & SINGLE STOREY)

LETTERBOXES, RETAINING WALLS, DRIVEWAYS

FENCING

OTHER ESSENTIALS

LANDSCAPING

DESIGN GUIDELINES CHECKLIST

3. THE HOME

4. OUTSIDE THE HOME

Contents

Heathland CCT Children’s Park Cranbourne East 8

APPROVAL PROCESS

Homes must be designed in accordance with the Guidelines and approved by the DAP.

STEP ONE

Designs are to be submitted in email format to the DAP for approval as follows: • House floor plans (1:100 scale) • Elevations from four sides (1:100 scale) • Roof plan • Schedule of external materials • Completed Check List (refer Appendix A of Guidelines). • Site plan (1:200 scale) showing: - setbacks from all boundaries - Building Envelope - external features including driveways, paths, fencing and outbuildings - landscaping

STEP TWO

When all documents are submitted (refer Appendix A) and meet compliance, allow approximately 10 working days for approval.

STEP THREE

Plans that do not comply with the Guidelines will be returned with a detailed list of non-compliance highlighted. Amended plans can be resubmitted for approval. Any alterations made to the resubmission other than the initial non-compliance should also be highlighted on the plans or detailed in an accompanying letter.

STEP FOUR

Once approval for your house design is received, you must apply for a building permit. A Building Permit can be applied for from the City of Casey or a Private Building Surveyor.

Prior to build

Note: Design approval from the DAP does not exempt the plans from any building or statutory regulations. Separate approval must be obtained from the relevant authorities. Approval by the DAP does not infer compliance under the Building Code of Australia, Rescode and other applicable planning or building regulations.

STEP FIVE

Once a Building Permit has been obtained, and all legal and conveyancing requirements have been met, construction of your house may commence.

LOCATING

HOUSE ORIENTATION

AIMS

The careful siting of houses and garages is important for a number of reasons:

An energy smart home takes advantage of the sun’s free warmth and light. Well designed homes reduce the demand on heating and cooling.

•

Ensuring best visual presentation from the street

•

Maximising the benefits of solar access

•

Promoting energy efficiency

For the purpose of these design guidelines, a corner lot is defined as:

•

Minimising overlooking

•

having two street frontages, or

•

Respecting the privacy and amenity of neighbours

•

has a side boundary that adjoins a Walk (10m road reserve), or

•

has a side boundary that adjoins a reserve.

MUST-HAVES One dwelling only is permitted per lot. Dual occupancy and further subdivision are not allowed. This excludes those lots designated for multiple dwellings or medium density housing. •

Maximum allowable encroachment into the front setback is 1.5m which includes eaves, fascia’s and gutters.

MUST-HAVES •

Homes at Five Farms must achieve an energy rating. This needs to be in accordance with the Victoria Home Energy Rating System and be provided in line with obtaining a Building Permit.

•

Houses must face the front boundary and present an identifiable entrance to the street. In the case of any lot where more than one boundary abuts a road, the shortest of the boundaries which abuts a road is the front boundary. Where there is a splayed corner on a lot, that part of the boundary which is created by the splay (i.e. the corner section) shall be disregarded.

•

Dwellings on corner lots with entrances on side streets must address both frontages.

CONSIDERATIONS Where possible, houses should be sited so that the habitable rooms and private open spaces face northwards to receive maximum solar efficiency. Protect from cold south-westerly winter winds and capture north-easterly summer breezes. With these in mind, position service areas and limit living areas to western aspects where possible. Optimise cross ventilation and natural light to moderate humidity to keep the house cool and dry. Provide shelter to outdoor spaces and generous eaves for diffused light, reduced glare and protection from driving rain.

Placing the home

EXAMPLE OF CLIMATICALLY RESPONSIVE HOUSE ORIENTATION AND DESIGN

BUILDING ENVELOPES AIMS In order to maintain standards and ensure all structures comply, construction outside of the Building Envelope is subject to approval by the DAP, and also subject to Council approval. Council approval will not guarantee the DAP’s approval unless the DAP has agreed prior to seeking Council approval.

West

East

Afternoon sun

MUST-HAVES •

Morning sun

All minimum setbacks must be as shown on the Building Envelope Diagram contained within your Contract of Sale.

•

3 – Natural Ventilation

All buildings, including garages, must be contained within the Building Envelope specified for that allotment and in accordance with the profile diagrams.

•

Optimise cross ventilation and natural light to keep the house cool and dry, to moderate humidity.

Where Build to Boundary zones exist on both sides of a lot, the construction can be erected on either side boundary. But it must maintain a minimum 1m setback to the opposite boundary.

•

Entry recesses will not be regarded as a step in the façade.

1 – Landscape

CONSIDERATIONS

Position trees with large canopies to provide shade in summer and reduce glare from surrounding environment. Ensure tree locations and species optimise summer breezes.

4 – Eaves 3

2 – Orientation Position service areas and limit living areas to western aspect, where possible, to reduce exposure to heat in summer and to cold southwesterly winter winds.

Provide shelter to outdoor spaces and generous eaves for diffused light, reduced glare and protection from driving rain.

2 1

Capture summer breezes

Ensure your home is designed to be well sealed and ventilated, with high levels of insulation. •

Double glazing or high performance glass is recommended wherever possible. Installing blockout curtains can also assist with keeping the home cool in summer and warm in winter.

•

Familiarise yourself with the Nationwide House Energy Rating Scheme and what it means for the thermal performance of your home. All standalone homes in Victoria must achieve at least a 6 Star rating, but the higher the star rating the more energy efficient and comfortable the home will be.

Consider the size and location of your windows. Large unprotected windows to the north and west will make your home feel too warm in summer. Large windows may also require more heating in winter to keep you home comfortable.

Protect from cold south-westerly winter winds

ARCHITECTURAL STYLE & FRONTAGE AIMS For you to choose a home style that fits in with your neighbourhood. The built form is to be contemporary that incorporates simplistic use of materials. It should also combine a mix of light weight elements with solid forms and materials. High standards of house design will be required, and a variety of styles are encouraged. Designs should be responsive to the individual attributes of the allotment, having regard to any slope or vegetation.

Proportion, 80% of the lot frontage. Credit: Carlisle

Designs that break the front of the dwelling into distinct visual elements will be supported. The inclusion of projections integral to the design and style of the dwelling are encouraged. Although classic/traditional/historical reproduction styles are discouraged, fine examples which harmonize with the contemporary feel may be approved at the discretion of the DAP. Depending on your location throughout Five Farms, your home will need to comply with relevant acoustic requirements. Your building surveyor can advise you on this further.

Hamptons Style. Credit: Porter Davis

Front Façade Materials. Credit: Carlisle

The home

Front Door Visibility. Credit: Carlisle

MUST HAVES •

The house façades may not be the same as one within three lots either side or across the street, unless –

It is approved in writing by the DAP and/or

–

The house is part of a row of terraced homes or a medium density development.

•

Front entries should be clearly visible from the street and include protruding elements such as a covered verandah or portico treatment.

•

Where front doors are located on the side of the dwelling, a pathway and/or covered walk way will need to be constructed to direct people to this entry.

•

• •

Your home must have habitable room windows located on the front façade and provide a clear view to the primary streetscape. They should be appropriately articulated as elements within the façade design and not comprise single highlight windows. (Highlight windows include feature windows with sills more than 1500mm above floor level.)

1 Street

Same/similar façade

•

External security blinds and roller shutters are not permitted.

•

Where a home is 13m wide or greater, at least one of the following is required: –

–

A setback in the front façade of a minimum 840mm. This step must be in addition to the garage; or A portico/verandah with a minimum area of 10sqm. The porch must also have a minimum 1.2m depth at some point; or A verandah for the full length of the frontage (excluding the garage).

There is no minimum dwelling size however dwellings must be proportional to the allotment size with width. To this end dwellings on lots 16m or less in width are required to be a minimum width of 80% of the lot width. Lots over 16m in width are required to have a minimum width of 14.5m.

CONSIDERATIONS Windows visible from a public area should be fitted with internal curtains, blinds or shutters.

MATERIALS

EAVES & ROOF

AIMS

Wall and façade materials should enhance the visual quality of streetscapes within Five Farms. The use of a combination of finishes that complement your architectural style is encouraged to add to your home’s individuality and interest.

Roofing form and controls are to provide visual interest and enhance the building design. Eaves in particular add significant appeal to your home.

All external materials and colours must suit the character of the neighbourhood and be submitted to the DAP for approval.

MUST HAVES • Same/similar façade

Same/similar façade

Street

Different façade 3

•

Lightweight infills are not permitted above any window openings along façades directly visible from the street or public open space/reserves. Infills are permitted above garage doors where the colour matches the garage door colour. Reflective window tints are not permitted to publicly visible façades.

Different façade

Visible side street windows must match the style and quality of the front windows.

•

Different façade

13m or greater frontage house with façade articulation (porch) Credit: Porter Davis

At least 20% of the front of your home must contrast with the main finish. The 20% is calculated excluding windows, doors, garage doors and other openings. For homes on corners and rear accessed lots, this requirement applies to all façades visible from the street. Your front façade must include a covered verandah/porch (in. dimension of 1.2m) and a minimum of two different wall materials to add variation, detail and interest.

MUST HAVES •

All roofs must be constructed of masonry, terracotta or non-reflective metal.

•

All gutters, rain head overflows and down pipe profiles or treatments must complement the design of the home.

•

Eaves are to be a minimum of 450mm deep for those sections of roof visible from the street and must return around the front façade to a minimum of 6m.

•

Eaves are required to the whole length of the dwelling which faces a side street and must return a minimum of 4m.

•

Eaves are not required to wrap around garage walls on boundary or to parapets subject to merit.

•

Non-habitable room windows are permitted within a 6m return if the distance between the overall gutter and side boundary is less than 1m. (This does apply to side street boundaries.)

•

Changes in materials and colours are to occur at logical points deemed by the DAP. Render that terminates in the middle of a wall is not acceptable.

•

All external surfaces are to be in a finished state (painted or coated) prior to occupation of your home.

•

For homes on a corner and rear accessed lots, the materials and colours must continue for all façades visible to the street.

Double storey homes with a pitched roof must include a minimum 450mm eave to all sides of the dwelling on the upper storey.

•

Bright or fluorescent colours will not be approved, unless they are deemed complementary to the design of the dwelling at the discretion of the DAP.

•

In very rare instances, homes may be approved with one material finish, subject to design and architectural merit and at the discretion of the DAP.

A minimum roof pitch of 22.5 degrees is required unless it is a skillion, in which case it must have a minimum roof pitch of 15 degrees. Flat roofs must be concealed with a parapet if visible from any public spaces.

CONSIDERATIONS

CONSIDERATIONS Lighter coloured roofs are recommended to reduce heat island effect.

When selecting timber, look for products with a Forestry Stewardship Council (FSC) or Programme for the Endorsement of Forest Certification (PEFC) logo. This ensures that your timber has been sourced from sustainably managed forests. Avoid Merbau timbers and other endangered species.

Eaves are recommended to all sides of the home.

All materials rely on energy use in their extraction, production and installation. However, you can reduce the effect on the environment of your homes’ construction by choosing materials with a lower environmental or ‘embodied carbon’ footprint.

PARAPET WALLS

To maximise the efficiency of your solar photovoltaic panels, ensure they are facing north wherever possible.

MUST HAVES •

Any parapet wall must terminate at a logical point.

CONSIDERATIONS Free floating parapet ends are strongly discouraged.

GARAGES & CARPORTS

PORCH, PORTICO & VERANDAH

AIMS

Off street parking is important to creating a welcoming community. However, much more than afterthoughts or add-ons, these buildings should complement the overall look and feel if we are to have a cohesive streetscape.

Much more than part of the entrances, these additions should be well considered to visually enhance the façade.

MUST-HAVES

MUST HAVES •

If garages are free standing and/or visible from the street, they must match the roof form and be constructed of the same materials as the house.

•

The garage door is a major visual element of the streetscape and doors facing the street must be of a colour that complements the house.

•

All homes must allow for double garage car accommodation where the front boundary of the allotment is 12.5m or greater.

•

Garages must be constructed within the Building Envelope and sited a minimum of 5.5m from the front boundary, unless stated otherwise on the Building Envelope Diagram. This setback also applies for entry to the garage from the side street boundary. Garage openings must not occupy more than 40% of the width of the allotment frontage. For dwellings of two or more storeys, on allotments with a frontage width of less than 12.5m, the garage opening must not exceed 25% of the area of the front façade of the dwelling. The area of the front façade will be measured from a two dimensional elevation plan of the façade excluding the area of the roof of the dwelling.

•

Double garages cannot exceed 7m in width (internally).

•

Single and double garages must be setback a minimum of 840mm from the front or building line, unless otherwise noted in the Building Envelope Diagram.

•

No roller doors are permitted.

•

Carports can only be constructed if they are not visible from the street.

•

Carports may be provided to a rear access lot provided the wall facing the laneway includes a panel lift door, is the full width of the lot and returns at least 1080mm along the side boundary.

•

A triple garage is permitted if the lot width has a 20m frontage or more. It must be setback a further 1560mm from the double garage and include additional features to enhance its appearance.

•

Your home must have a porch, portico or verandah with a minimum dimension of 1.2m which provides adequate weather protection.

•

Eaves are not required to verandahs or porticos.

CORNER AND REAR ACCESS LOTS (DOUBLE & SINGLE STOREY) AIMS 500mm minimum driveway offset from side boundary

If your home is located on a corner, its design must positively address both the front and side streets, along with any other frontage visible from public open space areas. A consistent architectural style should be used for all visible façades.

House

Garage

driveway must stop at front property boundary and not break footpath

Where the DAP considers the dwelling design does not properly or adequately address the street corner and both street frontages, additional treatments may be required to obtain its approval.

Driveway 4m

5.5m

front building set back Footpath

MUST-HAVES •

For corner and rear accessed allotments, windows that are readily visible from the street must be consistent in style and proportion. These include windows of the front elevation, on the ground floor forward of the corner fence and on the upper storey.

•

A feature window must be provided at ground floor level to the secondary street frontage of your home within the first 4m from the front façade and provide a clear view to the secondary streetscape. Highlight windows are not acceptable.

Crossover Street driveway must taper to match width of crossover at property boundary

minimum garage set back

•

Front, side street, reserve and rear laneway facing second storey façades must incorporate a habitable room window. They should also incorporate balconies and/or additional setbacks and articulation.

•

Double storey dwellings must provide variation in materials between the upper and lower storeys to articulate the corner of both façades.

•

Articulation of some form is required to the upper floor side street elevation.

•

Double storey homes on corner lots must have a minimum 20% glazing to the upper floor that faces the secondary frontages, measured as an area of the upper floor wall elevation.

•

Upper floor windows facing a side street are to be clear glass only.

•

Design elements such as verandahs, detailing, feature windows and materials, used on the primary frontage, must continue on that part of the secondary frontage visible to the public realm.

CONSIDERATIONS It is preferable for garages to be constructed under the main roof of the house. Free standing garages need to comply with the requirements under must-haves.

Porch min 1.2m depth. Credit: Porter Davis

Double Storey Corner Treatment. Credit: Porter Davis

LETTERBOXES, RETAINING WALLS, DRIVEWAYS AIMS Letter boxes are a repeating element in the streetscape. With consistent detailing and careful selection these will help to visually link the individual homes and provide a cohesive streetscape character. With this in mind, use simple contemporary letterboxes which complement the dwelling and landscape style. The same could be said of retaining walls and driveways.

MUST-HAVES

FENCING AIMS Here at Five Farms we want to enhance the park-like character of the estate.

MUST-HAVES •

Front fencing is not permitted. For all corner lots and lots adjoining reserves there may be additional fencing requirements. All fencing is to comply with the endorsed Fencing Strategy (Hillsmeade Condition 9 – PlnA00571/19, Littlecroft Condition 5 PA21-0705).

•

Side boundary fencing is not to come forward of 1.0m plus the minimum front setback from the front boundary allotment.

•

Single post supporting letterboxes will not be approved.

•

Retaining walls forward of the dwelling are permitted where they:

•

Side and rear fencing to be 1.8m – 2.0m in height, including any capping.

– Compliment the style and colour scheme of the home

•

Fencing is to be COLORBOND® Ironstone®

– Are no higher than 600mm

•

Fences on corner lots (as defined under House Orientation page 13) must terminate at least 6m back from the front façade. They must also return to the dwelling to allow for corner treatment.

•

For corner lots where the lot depth is 21m or less, the length of fence located on the secondary frontage must not exceed 60% of the depth of the lot (excluding the corner splay) taken from the rear boundary towards the primary frontage.

•

Wing return fencing, other than on a corner, is to be setback a minimum of 1.5m from the front of the dwelling.

– Have been approved by the DAP •

The driveway must be offset a minimum of 500mm from the nearest side boundary to allow for landscaping. This must include vegetation.

•

Driveway width must match back to the width of the constructed crossover at the title boundary and be completed prior to moving into your home.

•

Materials are to consist of: – Exposed aggregate concrete; or – Brick, slate or natural stone pavers; or – Plain and colour concrete.

•

Outside the home

Only one crossover and driveway will be permitted for each lot (unless shared) or otherwise considered by the DAP. Approval from Council will also need to be sought.

Credit: Boutique Homes

Credit: Porter Davis

OTHER ESSENTIALS MUST-HAVES •

•

You must ensure that your home is connected to all available in ground services according to the service provider’s standards, including the purple pipe system for recycled water and the broad band optic fibre network if present. After settlement, the owner is responsible for the maintenance of the allotment, even if no construction has begun. Council Infringement Notices may be issued if the lot is not neat and tidy.

•

You are required to maintain your nature strip.

•

Any additions, fixtures, equipment, sheds, outbuildings or pergolas must be located to the rear of your home out of sight from your street or any public reserve. This includes (but is not limited to) satellite dishes, external hot water services, solar hot water systems with roof mounted tanks, water tanks, spa pumps, heating and cooling units, rubbish disposal containers, rain water tanks, washing lines and solar pool heating coils. Solar panels for heating water or generating energy are exceptions to this requirement.

•

Evaporative cooler units must be low profile ‘countour’ type and the same colour as your roof, placed at the rear. Ensure the top of the unit is below the roof ridgeline.

•

Exposed plumbing (other than downpipes) is not acceptable.

•

Any shed, outbuilding or pergola greater than 10sqm in area, that is more than 3m in height, must complement the finish of your home and be approved by the DAP.

•

Lots 300 sqm and over must install a minimum 3,000 litre rainwater tank, which must be connected to supply water to all toilets and the laundry within the dwelling.

CONSIDERATIONS

LANDSCAPING

RECOMMENDED SPECIES LIST

AIMS

GROUNDCOVERS

Five Farms encourages a blend of indigenous vegetation and other landscape elements. Landscape design and plant selection should minimise the need for garden watering. Indicative landscape plans must be submitted as part of the design approval process.

MUST-HAVES •

The front landscaping must include a small tree or shrub that is a minimum height of 1m at installation and 2m in height at maturity. Selected from Recommended Species List.

•

Artificial turf must not be used in the front landscaping.

•

Front landscaping, as well as any garden areas within public view, must be completed within three months of the Certificate of Occupancy being issued.

•

All parts of the lot not built or paved that are visible from a front, side street or rear laneway must be well maintained.

•

Garden beds are to contain organic or pebble mulch.

•

No less than 20% of your front garden is to be garden beds.

•

No more than 60% of your front garden is to be hard paved. This includes the driveway.

SHRUBS Common Name Brachyscome White Bliss (Cultivar name) Botanical Name Brachyscome multifida (Hybrid) Height & Width at Maturity 0.3m x 0.3m

Common Name Blue Fescue Botanical Name Festuca glauca Height & Width at Maturity 0.3m x 0.3m Pot Size 150mm

Height & Width at Maturity 1.0-2.0m x 2.0-3.0mm Pot Size 150mm

Common Name Birthday Candles (Cultivar name) Botanical Name Banksia spinulosa (Hybrid) Height & Width at Maturity 0.4m x 0.5m Pot Size 150mm

CONSIDERATIONS Position trees with large canopies to provide shade in summer and reduce glare from the surrounding environment. Ensure tree locations and species optimise summer breezes. To reduce irrigation water use, we recommend installing a waterwise garden. Also consider planting species native to the local area. Install a rainwater tank connected to your roof for garden irrigation. Food waste is one of the biggest contributors to landfill emissions. By installing a compost bin or worm farm, you can reduce your waste to landfill whilst also producing a fertiliser for your garden.

Common Name Creeping Boobialla

Common Name Sageleaf Rockrose

Botanical Name Myoporum parvifolium

Botanical Name Cistus salviifolius

Height & Width at Maturity 0.2m x 0.2m

Height & Width at Maturity 0.2m x 5.0m

Pot Size 150mm

Select water fixtures, fittings and appliances with the highest possible WELS rating for your needs and budget.

•

Consider choosing a solar hot water system.

•

LED lighting is the most efficient choice and should be selected wherever possible.

•

Pick the highest energy star rated appliances possible for your needs and budget.

Botanical Name Senecio serpens

•

Ensure you have sufficient space to store your general waste, recycling and green waste bins.

Height & Width at Maturity 0.3m x 0.6m

Sustainability Victoria – You and Your Home: www.sustainability.vic.gov.au/You-and-your-home

Botanical Name Rhagodia spinescens

Pot Size 150mm

•

For more tips and information, visit:

Common Name Aussie Flat Bush™

Common Name Blue Chalksticks

Pot Size 150mm

Australian Government – Your Home www.yourhome.gov.au Nationwide House Energy Rating Scheme (NatHERS) www.nathers.gov.au 24

RECOMMENDED SPECIES LIST SHRUBS

TREES Common Name White Correa

Common Name Grevillea ‘Scarlet Sprite’

Botanical Name Correa alba

Botanical Name Grevillea rosemarinifolia (Hybrid)

Height & Width at Maturity 1.5m x 2.0m Pot Size 150mm

Height & Width at Maturity 1.0m x 1.0m Pot Size 150mm

Common Name White Gaura

Common Name Sea Lavender

Botanical Name Gauea lindheimeri

Botanical Name Limonium perezii

Height & Width at Maturity 1.0m x 1.0m

Height & Width at Maturity 0.6m x 0.6m

Pot Size 150mm

TUSSOCKS Common Name Agonis ‘Burgandy’ (Cultivar name) Botanical Name Agonis reflexa (Hybrid) Height & Width at Maturity 5.0m x 3.0m

Common Name Revelation® Botanical Name Dianella revoluta Height & Width at Maturity 0.3m x 0.5m Pot Size 150mm

Pot Size 45L

Common Name Corymbia ‘Sentuous’ syn Dwarf Pink’ (Cultivar name) Botanical Name Corymbia citriodora (Hybrid) Height & Width at Maturity 7.0m x 3.0m

Common Name Tanika® Botanical Name Lomandra longifolia Height & Width at Maturity 0.6m x 0.6m Pot Size 150mm

Pot Size 45L

Common Name Hop Goodenia

Common Name Rosemary

Common Name Vintage Red™

Common Name Kingsdale™

Botanical Name Goodenia ovata

Botanical Name Rosmarinus officinalis

Botanical Name Poa poiformis

Height & Width at Maturity 1.0m x 1.0m

Height & Width at Maturity 0.8m x 0.6m

Botanical Name Eucalyptus cladocalyx (Hybrid)

Pot Size 150mm

Height & Width at Maturity 8.0m x 4.0m Pot Size 45L

Height & Width at Maturity 8.0m x 4.0m Pot Size 150mm

DESIGN GUIDELINES CHECKLIST Lot No:

Documentation required to be submitted for approval to the Design Assessment Panel.

Street Address:

Owner's Name: Mobile No: Home Ph: Work Ph:

Site plan (1:200 scale) •

Setbacks from all boundaries

•

Building Envelope

•

External features including driveways, paths, fencing and outbuildings

•

Landscaping

House floor plans (1:100 scale)

Elevations from four sides (1:100 scale) •

Email: Owner's Address:

Front, rear and both sides

Roof plan (1:100 scale)

Schedule of external materials

Each box is to be ticked. Applications cannot be assessed until all of the above information is available.

Builder's Name:

Please submit the above documentation via email: FPA.Approvals@frasersproperty.com.au

Contact Name:

A copy of this form must be included with the lodgement of plans for approval.

Contact No: Email: Signature of Owner/Builder: (Please circle)

Date:

V1 PlnA00571/19 (c11) endorsed 05/05/2021 V2 PlnA00571/19 (c11) endorsed 08/11/2021 V3 PInA00571/19 (c11) endorsed X/XX/2022

13 38 38 | fivefarms.com.au

The information and images in this brochure are intended as a general introduction to Five Farms and do not form an offer, guarantee or contract. Please note that whilst reasonable care is taken to ensure that the contents of this brochure are correct, this information is to be used as a guide only. All plans and images are conceptual only and may change at any time without notice. The computer generated images of dwellings are indicative only. The developer reserves the right to amend the finish and selections that constitute the external and internal fabric of the development due to unforeseen building constraints and product availability. Purchasers must rely on their own enquiries and the contract for sale.

PROPOSED LAND SUBDIVISION AND PRECINCT DEVELOPMENT 270 – 272 HARDYS ROAD CLYDE

Bells Road Traffic Noise Assessment and Noise Control Construction Guidelines

Client Details. Frasers Property Group Pty Ltd C / - Beveridge Williams Pty Ltd 1 Glenferrie Road Malvern Victoria 3144 WMG Document Reference.

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Date of Issue.

March 2, 2022

TABLE OF CONTENTS

Introduction .....................................................................................................................................3

Noise Assessment Terminology ......................................................................................................4

Proposed Subdivision Layout and Bells Road Extension ................................................................5

Site and Surrounding Environment..................................................................................................7

Assessment Approach and Relevant Criteria ..................................................................................8 5.1

Casey City Council Planning Scheme ..................................................................................... 9

5.2

Department of Transport Documentation .............................................................................. 10

Adopted Assessment Approach ....................................................................................................12

Traffic Noise Modelling ..................................................................................................................13

7.1

General Methodologies ......................................................................................................... 13

7.2

Noise Modelling Input Parameters ........................................................................................ 14

7.3

Noise Modelling Results ........................................................................................................ 15

Noise Control Strategies ...............................................................................................................18 8.1

Residential Dwellings ............................................................................................................ 19

8.1.1

External Facade Construction........................................................................................... 20

8.1.2

Consideration of Ventilation .............................................................................................. 24

8.2

Stage 21, 24 and 25 Residential Lots ................................................................................... 25

8.3

Non-Government School Project........................................................................................... 26

8.4

Community Hub Building ....................................................................................................... 28

Overview .......................................................................................................................................29

AppendiX 1 – Illustrative Master Plan ...................................................................................................30 Appendix 2 – Illustrative category markup of lots within Precinct 1 and 3 ............................................31

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INTRODUCTION

The proposal includes the development of a new multi-use subdivision at the land described as 270 – 272 Hardys Road, Clyde North, and the extension of the existing Bells Road roadway. The subdivision will be identified as ‘Five Farms‘ and will incorporate predominantly residential use with various communal / commercial premises constructed within the boundaries of the site. The Bells Road extension will be constructed adjacent to the subject site and once complete will become a major arterial road incapsulating six lanes and connecting to the Princes Freeway. It is understood that the roadway will include significant traffic volumes which will result in increased ambient noise levels at future sensitive receptors forming part of the Estate. To address the above, the Department of Transport has issued documentation to the City of Casey regarding the project which requests specific consideration of future noise level impacts associated with the significant Bells Road traffic volumes. More specifically, the Department of Transport documentation requests that the proposed subdivision include consideration of criteria nominated with the Casey City Council Planning Scheme and within Department of Transport issued documents including: ▪ VicRoads Interpretation & Application of VicRoads Traffic Noise Policy. ▪ Requirements of Developers – Noise Sensitive Uses. In consideration of the above, Watson Moss Growcott Acoustics (WMG) has been engaged to undertake a detailed acoustic assessment for the proposed land subdivision to address future traffic noise levels which are anticipated to occur at the subject site. This report outlines the findings of the assessment and provides noise control strategies to address future traffic noise levels in accordance with the Casey City Council Planning Scheme and relevant Department of Transport documentation where appropriate.

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NOISE ASSESSMENT TERMINOLOGY

Common terminology used within this noise assessment report is described in Table 1 below. Table 1: Description of Noise Assessment Terminology Reference

dB(A)

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Description Decibels recorded on a sound level meter, which has had its frequency response modified electronically to an international standard, to quantify the average human loudness response to sounds of different character.

Leq

The equivalent continuous level that would have the same total acoustic energy over the measurement period as the actual varying noise level under consideration. It is the noise measure defined by the EPA as the measure of the noise to use in assessing compliance with noise limits.

L10

Commonly described as the average of the higher levels of a range of noise levels. It is the value of a range of values exceeded for 10% of the observation period, i.e. the level exceeded for 6 minutes for every 60 minutes of observation.

L10,18hr

The L10,18hour noise level is the arithmetic average of the hourly L10 noise levels measured between 6:00am and midnight.

Weighted Sound Reduction Index. A measure of the sound insulation performance of a building element. Rw is a laboratory measurement similar to STC. The higher the number the better the insulation performance.

PROPOSED SUBDIVISION LAYOUT AND BELLS ROAD EXTENSION

The proposed land subdivision will incorporate three independent land Precincts which will be constructed to the east and west of the new Bells Road extension. The ‘Precinct 1’ and ‘Precinct 2’ sites will be constructed to the east of Bells Road and will include predominantly residential use combined with two communal parkland areas setback from the main roadway. ‘Precinct 3’ will be constructed to the west of Bells Road and will incorporate more diverse uses including residential dwellings, Residents Hub building, communal parklands, feature parklands, town centre, heritage house, childcare, government secondary school and a private school. For each of the Precincts, there will be instances where noise sensitive uses including schools, communal hubs and residential use will be located within proximity of the proposed Bells Road extension and will therefore be subject to noise intrusion associated with the roadway. Figure 1 below provides and illustrative masterplan for the project and identifies each Precinct. This report has been prepared to address noise levels across the Precinct 1 and Precinct 3 sites.

Figure 1: Illustrative Master Plan 12652-2.1jg

Once fully complete, the Bells Road extension will become a major arterial road incapsulating six lanes and connecting to the Princes Freeway located to the north of the site. As the surrounding areas are developed for residential and communal use, the increased population to the area will increase traffic volumes along the new Bells Road extension. Information contained within the Clyde Creek Precinct Structure Plan (PSP) indicates that by the year 2045, traffic movements along the Bells Road extension will have stabilised and will be representative of ‘typical’ vehicle movements along the roadway into the future. At this time, the PSP’s traffic report anticipates 24-hour two-way traffic volumes along Bells Road and adjacent to the Precinct 1, 2 and 3 sites will be in the order of 36,700 vehicles split equally for northbound / southbound lanes and incorporating in the order of 5% heavy vehicle movements.

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SITE AND SURROUNDING ENVIRONMENT

The land under consideration is identified as 270-272 Hardys Road, Clyde North and currently forms part of vacant urban growth zone land which abuts Pound Road and Hardys Road. The land includes a general decline in elevation from the north west where the site boundary abuts Hardys Road to the south east of the site where the boundary abuts Pound Road. Based on information provided by the client it is understood that the Bells Road extension will follow the natural elevation of the land and will therefore decline from north to south. An aerial photo of subject site and the surrounding environment is included below in Figure 2.

Precinct 1 and Precinct 3 Under Consideration

Overall Development Boundary

Figure 2: Aerial photograph of the site and surrounding environment (Source: Nearmap) 12652-2.1jg

ASSESSMENT APPROACH AND RELEVANT CRITERIA

It is understood that during the Planning Application process (PLN00571/19) for the proposed ‘Five Farms’ development, the Department of Transport, as a Referral Authority to the Casey City Council, submitted a letter drawing attention to the potential for future traffic noise impacts adjacent to the Bells Road extension. The letter was issued on 25 June 2020, and requested that the proposed development consider various guideline documentation issued by the Department of Transport and noise assessment methodologies included within the Casey City Council Planning Scheme as summarised below: ▪ Casey City Council Planning Scheme – Clause 58.04-3. ▪ VicRoads Interpretation & Application of VicRoads Traffic Noise Policy. ▪ Requirements of Developers – Noise Sensitive Uses. In addition, the letter included a request that the Casey City Council introduce a Planning Permit Condition for the proposal requiring than an acoustic report be prepared to the satisfaction of the Department of Transport which addresses potential traffic noise impacts at the subject site. The wording of the request is included below. Unless otherwise agreed in writing by Head, Transport for Victoria, before the certification of the plan of subdivision, an acoustic report must be submitted and approved by the Head Transport of Victoria. The report must be prepared by a qualified acoustic consultant outlining the necessary control measures to achieve the preferred noise attenuation outcomes to the satisfaction of the Head, Transport for Victoria. It is understood that the above wording is now included within the Planning Permits for the land subdivision under Condition 92 of Planning Permit PLN00571/19 for Precinct 1, and under Condition 91 of Planning Permit PA21-0705 for Precinct 3. There are currently no Regulations relating to the control of external noise intrusion associated with vehicle movements along major roadways within noise sensitive use buildings. Therefore, in the absence of any specific legislative criterion, the documentation nominated by the Department of Transport does provide suitable assessment methodologies which are often adopted by Victorian acoustic consultants. The concepts of the documentation include either protection of external areas associated with noise sensitive uses through the construction of acoustic barriers along major roadways or the protection of internal amenity through the inclusion of suitable noise control to building facades. In accordance with the recommended methodologies provided by the Department of Transport, external noise criteria are typically calculated as dB(A) L10, 18hr values and are addressed in the order of 10 years after finalisation of the development to allow for potential noise level impacts associated with traffic growth. Internal criteria do not include consideration of increased traffic flows over time, and instead are based on residual traffic noise levels outside noise sensitive facades at the time of assessment. Internal noise levels are considered as dB(A) L eq values which are commonly adopted as being in the order of 2-3dB lower than dB(A) L10 values assessed over an 18hr period.

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5.1

CASEY CITY COUNCIL PLANNING SCHEME

The Casey Planning Scheme includes Clause 58.04 ‘Amenity Impacts’ which was introduced to Planning Schemes throughout Victoria during April 2017. The Clause provides a basis for addressing external noise intrusion at residential buildings located within what the Planning Scheme refers to as a ‘noise influence area’. Noise influence areas are defined within Table D3 of the Planning Scheme document which is attached below in Table 2. Table 2: Noise Influence Area Criteria (Table D3)

When located within a ‘noise influence area’, the Planning Scheme nominates the following assessment criteria for addressing external noise intrusion within residential receptors: Buildings within a noise influence area specified in Table D3 should be designed and constructed to achieve the following noise levels: ▪ Not greater than 35dB(A) for bedrooms, assessed as an LAeq,8h from 10pm to 6am. ▪ Not greater than 40dB(A) for living areas, assessed as an LAeq,16h from 6am to 10pm. Buildings, or part of a building screened from a noise source by an existing solid structure, or the natural topography of the land, do not need to meet the specified noise level requirements. Noise levels should be assessed in unfurnished rooms with a finished floor and the windows closed. The PSP’s traffic report anticipates that in the year 2045 when traffic movements along the Bells Road extension are expected to have stabilised, the 24-hour two-way traffic volumes adjacent to the Precinct 1, 2 and 3 sites will be in the order of 36,700 vehicles. In accordance with the definitions contained within Table D3 of the Planning Scheme, the site will not be within a ‘noise influence area’ and will therefore not be subject to the internal noise level criterion nominated for ‘noise influence areas’.

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5.2

DEPARTMENT OF TRANSPORT DOCUMENTATION

The VicRoads Traffic Noise Reduction Policy was released in 2005 and is a document which relates to the Department of Transport’s commitment to limiting the effect of traffic noise on nearby sensitive uses where the construction of new or improved roads are proposed. The document includes criteria for external traffic noise levels where arterial roads and freeways are built on new alignments, or where existing arterial roads or freeways are widened by two or more lanes and buildings previously protected from traffic noise are exposed by removal of buildings required for widening. The criteria are applicable for sensitive uses including residential accommodation and educational facilities as explained below: ▪ Category A – For residential dwellings, aged persons homes, hospitals, motels, caravan parks and other buildings of a residential nature, the noise level objective will be 63 dB(A) L10 (18hr) measured between 6 am and midnight. ▪ Category B – For schools, kindergartens, libraries, and other noise-sensitive community buildings the noise level objective will be 63 dB(A) L10 (12hr) measured between 6 am and 6 pm. ▪ Where the noise level adjacent to Category A or B buildings prior to road upgrades is less than 50 dB(A) L10 (18hr), consideration will be given to limiting the noise level increase to 12 dB(A). The main focus of the VicRoads Traffic Noise Reduction Policy is the involvement from the party responsible for the noise source which will be the roadway operator (Department of Transport). This project will be unique whereby both the new Precinct development and the extension to Bells Road will be undertaken by the client simultaneously, and therefore the operator of the roadway and the developer of the noise sensitive use will have shared responsibility. Where a new noise sensitive use is proposed adjacent to a major arterial roadway operated by the Department of Transport, the ‘Requirements of Developers’ guideline document captures the responsibility of the sensitive use in addressing noise intrusion. The document includes the following clauses which are relevant for the proposal and address potential noise levels external to the noise sensitive uses, as well as within internal areas forming part of sensitive uses during times when windows are closed. Where it is a practical option to erect a noise barrier to protect a large number of buildings in a subdivision, then the developments should be subject to the following noise requirements: 1. No new allotment should be created such that there is insufficient space at the 75 dB(A) noise contour, to erect a house or other noise sensitive development, (that is, the area of the allotment at the 75 dB(A) contour or lesser noise level, must be of a sufficient size to build a dwelling). 2. The developer shall attenuate traffic noise from a Freeway to a level of 63 dB(A) or less, at the most exposed façade of the noise sensitive building. 3. The noise sensitive buildings adjacent to the Freeway should also be designed and constructed to protect internal noise sensitive areas. That is, the building layout should have the service areas (laundry, bathroom, garage, etc,) facing the freeway whilst the noise sensitive uses (bedrooms, living areas, etc,) are located away from the freeway side of the building. Furthermore, for the exposed facade, window and door openings should be of a minimum size. 4. Council should request the developer to provide a report by a qualified acoustic consultant outlining the necessary noise control measures to achieve the preferred actions outlined above. 12652-2.1jg

5. The adopted noise attenuation requirements will be met for 10 years after finalization of the development or, where relevant, for each stage of the development. 6. The noise fence shall have a design life of not less than 50 years. 7. After the installation of noise barriers erected to satisfy the requirement of (2) above, noise measurements shall be taken at several suitable locations that have been agreed to by all relevant parties. The results of the measurements will be distributed to these parties. It should be noted that the measurements should demonstrate that the noise barrier would perform as required in (6) above. 8. Should the performance of the barrier not comply with the objective, then the Council shall require the developer to modify the barrier to achieve the objective. Where the developer decides, in consultation with VicRoads and Council that it is not desirable to erect high noise barriers then the following conditions should apply to the permits. 9. The noise sensitive buildings adjacent to the Freeway must be designed and constructed to meet the desirable acoustic standards set out in AS 2107-2000 “Acoustics – Recommended Design Sound Levels and Reverberation Times for Building Interiors”. It should be recognized that AS21072000 does not adequately consider peak noise levels. Due regard should also be given to the requirements set out in AS 3671-1989 “Acoustics – Road Traffic Noise Intrusion – Building Siting and Construction”. 10.The building layout requirements in part 3, above, will apply. 11.The developer must provide a fence that visually screens the traffic from the view at the lowest habitable level of the development. This screen would be expected to screen out vehicles that are up to 3.5 metres high. 12.Council should request the developer to provide a report by a qualified acoustic consultant outlining the necessary noise control measures to achieve the preferred actions outlined above. 13.After the development has been completed a survey of the internal noise levels should be undertaken within several suitable buildings to demonstrate that the internal noise levels have been achieved. The results of the measurements will be distributed to the relevant parties. 14.Should the internal noise levels not comply with the AS 2107-2000 objectives, then the Council should require the developer to undertake works rectifying the situation. It should be noted that the Australian Standard 2107 document referenced within the Department of Transport documentation was updated and released during 2016.

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ADOPTED ASSESSMENT APPROACH

It is understood that provision of noise shielding to the site through the construction of acoustic barriers along the Bells Road extension will not be permitted by Council as part of the proposal. This will include the ‘visual screens’ nominated within the Department of Transport guideline documentation recommended to screen out vehicles that are up to 3.5 metres high from the lowest habitable level associated with a development. In consideration of the above, protection of the internal amenity associated with noise sensitive receptors constructed adjacent to the proposed roadway extension has been adopted as the basis for addressing the potential traffic noise impacts. To adequately address protection of internal areas associated with noise sensitive uses, WMG has adopted project design objectives based on the internal noise levels recommended within Australian / New Zealand Standard AS / NZS 2107-2016 “Acoustics – Recommended Design Sound Levels and Reverberation Times for Building Interiors. Table 3 below provides a summary of the relevant internal noise criteria associated with Australian Standard documentation. Table 3: Summary of Relevant Internal Noise Criteria

Proposed Use Type

Adopted Assessment Period

Noise Level Objective

Living Room (7:00am to 6:00pm)

35 - 45 dB(A) Leq

Bedroom (9:30pm to 10:30pm)

35 - 40 dB(A) Leq

Educational Facilities

6:00am to 6:00pm.

35 – 45 dB(A) Leq

Community Hubs – Common Areas

6:00am to 6:00pm.

45 dB(A) Leq

Residential Use

AS / NZS 2107:2016 does not include specific time periods applicable for considering external traffic noise levels outside sensitive uses. The approach adopted by WMG has been to consider internal noise within living rooms during typical daytime periods between 7:00am and 6:00pm, and within bedrooms during the period 9:30pm to 10:30pm when residents are typically either asleep or preparing for sleep. The above parameters have been considered and approved by other Responsible Authorities as part of previous independent investigations.

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TRAFFIC NOISE MODELLING

7.1

GENERAL METHODOLOGIES

The concerns raised by the Department of Transport and Council have related to potential noise impacts associated with future vehicle movements along the new Bells Road extension. In consideration of the above, the focus of the assessment has been noise associated with Bells Road and has not included consideration of vehicle movements along other nearby roads. Determination of traffic noise emissions associated with vehicle movements along Bells Road have been calculated using the methodologies and procedures described within Calculation of Road Traffic Noise - Department of Transport Welsh office (CoRTN). Implementing CoRTN procedures as a basis for predicting traffic noise levels adjacent to major roadways is the preferred noise modelling approach of the Department of Transport as is noted within the ‘Interpretation & Application of VicRoads Traffic Noise Policy’ document. The algorithms associated with CoRTN allow for consideration of the following input parameters which have the potential to influence noise emissions associated with traffic movements. ▪ Traffic flow volumes (vehicles per 18-hours). ▪ Proportion of heavy vehicles. ▪ Traffic speeds. ▪ Ground surface contour information. ▪ Road surface contour information. ▪ Road surface type. ▪ Location and elevation of road carriageways. ▪ Location and elevation of user defined noise receptor points. For this assessment, WMG has implemented the CoRTN procedures and predicted traffic noise levels utilising DataKustik CadnaA 2021 environmental noise modelling software. Relevant information regarding site elevations, site buildings and the surrounding environment has been provided by the client and sourced from online databases where appropriate. The model has been developed and configured with sufficient detail for appropriate noise emission calculations to be undertaken.

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7.2

NOISE MODELLING INPUT PARAMETERS

In accordance with information contained within the PSP’s traffic report, the traffic noise model assessment approach has been based on a design year of 2045 when the vehicle movements along the Bells Road extension are anticipated to have stabilised. Based on information contained within the traffic report, Table 4 below provides a summary of the adopted input parameters associated with the construction of the road way and relevant vehicle movements. Table 4: Summary of Relevant Noise Modelling Input Parameters (2045) Relevant Item

Noise Modelling Input

Vehicle Movements – AADT

36,700 vehicles (24-hr)

Traffic Composition (Heavy Vehicles)

5% heavy vehicles.

Traffic Speed

80 km/h – both directions.

Road Surface

Equivalent to Dense Graded Asphalt (DGA)

The Department of Transport includes noise level adjustments applicable for noise modelling which relate to various pavement surfaces within their ‘Interpretation and application of VicRoads traffic noise reduction policy’ document. The various adjustments are tabulated below in Figure 3 which has been extracted from the document and shows the significant impact selection of road surface can have on traffic noise.

Figure 3: Road Surface Adjustments

Notes associated with the above Table indicate that ‘for speeds below 80km/h tyre / road noise is less of a problem than at high speeds’. However, there is no reference to any variability in how to approach noise modelling for vehicle speeds of 80km/h. The Geotechnical engineer for the project has reviewed the above Table and indicated that Dense Graded Asphalt (DGA) will align with the intended Bells Road road surface type. In consideration of the above, a 0 dB(A) road surface adjustment has been adopted for the noise model.

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7.3

NOISE MODELLING RESULTS

With the implementation of the input parameters described within Section 7.2, WMG has predicted residual noise levels associated with Bells Road across the subject site during the 2045 design year. Noise levels have been predicted as dB(A) L10 values during the 6:00am to 12:00am period nominated as part of Department of Transport and CoRTN methodologies. Predicted dB(A) L10 noise levels have then been adjusted to reflect the dB(A) Leq values during the AS / NZS 2107 adopted assessment periods. The adjustments have been based on the previous experience of this firm when measuring continuous traffic noise levels over varying assessment periods adjacent to major roadways. In consideration of the above, Table 5 below presents a summary of the adopted noise levels at the most exposed facades associated with the residential dwellings, community hub building, and educational buildings proposed to be constructed adjacent to the Bells Road extension. The predicted values are based on unobstructed propagation across the site and include a +2.5 dB(A) facade adjustment correction which, in accordance with the preferred assessment methodologies of the Department of Transport will be required to consider the build-up of noise at the facade. Table 5: Summary of Predicted Noise Levels External to Noise Sensitive Uses

Assessment Location

Assessment Criteria

Department of Transport - External

Most exposed dwellings

Adopted Assessment Period

Predicted Noise Level dB(A) L10

dB(A) Leq

6:00am to 12:00am

N/A

7:00am to 6:00pm

9:30pm to 10:30pm

AS2107:2016

Community hub building at Hardys and Bells Rd corner

AS2107:2016

6:00am to 6:00pm.

Educational buildings setback from the roadway

AS2107:2016

6:00am to 6:00pm.

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Figure 4 below provides the dB(A) noise contours across the site expressed as dB(A) L10, 18hr figures with traffic volumes consistent with the values nominated by the client for 2045.

Figure 4: Noise Prediction Contours 2045 Traffic Volumes L10,18hr

Naturally, as the site is developed further and buildings are constructed adjacent to the new Bells Road extension, the described buildings will provide noise shielding and reduce the angle of view of the road for other sensitive uses further setback from the roadway. Given that the adopted assessment approach has been to consider traffic flows during 2045 once vehicle movements along the Bells Road extension have become more ‘typical’, it is considered appropriate that the basis for the noise modelling and noise control strategies include relevant noise shielding which will be provided once the subdivision site is developed. 12652-2.1jg

In consideration of the above, WMG has also undertaken modelling to provide an indication of how noise contours will be impacted across the subject site once the front row of buildings, including the community hub building have been constructed adjacent to the roadway. In accordance with the construction requirements for the project, the front row of houses have been modelled as two storeys with a minimum height of 6.0m above ground level. Figure 5 below provides an indicative representation of the noise contours across the subject site with the introduction of multi-level buildings along the Bells Road extension frontage.

Figure 5: Noise Prediction Contours 2045 Traffic Volumes L10,18hr (Including Buildings along Bells Road Frontage) 12652-2.1jg

NOISE CONTROL STRATEGIES

In accordance with the guidelines provided within the Department of Transport document ‘Requirements of Developers’, noise sensitive buildings located adjacent to major roadways should be designed and constructed to protect internal noise sensitive areas. The primary noise control strategy will therefore be to adopt designs that locate less noise sensitive areas (laundry, bathroom, garage etc.) adjacent to the major road, and sensitive areas (bedrooms, living areas etc.) setback and / or shielded from traffic noise associated with the major roadway. On the expectation that this may be unavoidable in some circumstances, design parameters for walls, glazing, doors and roof / ceiling elements for noise sensitive areas located adjacent to the major roadway have been developed and are set out below. The following noise control design elements represent suitable measures to reduce external noise intrusion associated with vehicle movements along Bells Road and achieve internal noise levels consistent with relevant design criteria for noise sensitive uses. In accordance with the adopted approach for the assessment, the proposed treatments are based on upgrades to sensitive use external facade construction rather than the construction of dedicated acoustic barriers along the road edge. It is understood that due to the nature of the project, whereby purchasers will build their own dwellings, it will not be practical for an acoustic consultant to review and approve the proposed dwelling prior to construction. In consideration of the above, it will be critical for builders to follow the guidance provided within this report and seek clarification where necessary. The treatments described within this report are tentative in nature. Should other initiatives or provisions be incorporated within the development / subdivision which ensure that the relevant design objectives are met, the treatments herein may be amended at the approval of a qualified acoustic consultant.

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8.1

RESIDENTIAL DWELLINGS

The intent of the land subdivision design will be to configure the overall site to ensure that buildings and other solid elements constructed within proximity of the Bells Road extension provide noise shielding and reduce the traffic noise exposure for the remainder of the site. The client has advised that the project design requires that the lots located within the closest proximity of the roadway will be occupied by multi-level dwellings which will maximise the noise shielding provided for independent buildings constructed at greater setbacks from the roadway. Dwellings further setback from the roadway will be single or two storey buildings. For this project, the intent of the assessment has been to provide different categories of noise control for noise sensitive receptors located at varying setbacks and with varying exposure to noise associated with traffic movements along the Bells Road extension. A description of each of the Categories is expressed below in Table 6 with an indicative markup of the application for each Category in Precinct 1 attached in Appendix 2. Table 6: Category Description Category

Description

Dwelling facades constructed within <50m of the Bells Road extension with direct exposure to traffic noise. Generally, the expectation will be external facades will receive 90-180 degree angle of view of the roadway.

Dwelling facades constructed within <80m of the Bells Road extension with direct exposure to traffic noise. B

Generally, the expectation will be external facades will receive up to 90 degree angle of view of the roadway due to other building structures constructed at closer setbacks to the roadway.

Dwelling facades constructed within <80m of the Bells Road extension which are well shielded from traffic noise by structures including other dwellings or buildings associated with an independent use. Generally, the expectation will be external facades will receive <90 degree angle of view of the roadway due to the shielding elements.

The modelling results indicate that once the development has been completed, the noise shielding provided by the dwellings located within Category A, B and C lots will result in dwellings located further setback being exposed to traffic noise levels in the order of 63 L10,18hr. The described value aligns with the external design requirement nominated within the VicRoads Traffic Noise Reduction Policy. Therefore, it would be expected that the Department of Transport would not require any additional noise control measures to be implemented to the described dwellings, and the dwelling external facades could be built using conventional construction.

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8.1.1

External Facade Construction

When determining the external facade construction treatments for the proposal, the following transfer factors have been considered as relevant for the assessment. ▪ ▪ ▪ ▪

Adopted external noise levels due to the surrounding acoustic environment. Noise increase / build up at the building facade due to building surface noise reflections. Area of facade glass as a percentage of the overall facade area to habitable rooms. Use of the habitable rooms.

The noise control strategies required to reduce external noise intrusion will be applicable for external facade walls, roof / ceiling construction, glazing, and access door treatments. 8.1.1.1

External Facade Wall Treatments

The proposed external facade wall upgrades applicable for each Category is included in Table 7 below. Table 7: Proposed Noise Control Strategies (External Facade Wall Elements) Category

Proposed Treatment

External facade walls must be constructed to include masonry brick veneer combined with an internal stud wall clad with 13mm plasterboard. The cavity must include fibreglass insulation (min. 75mm thick x 14kg/m 3) and the wall system must be well sealed using resilient mastic (eg. Sikaflex Pro.) Light weight construction will not be suitable for dwellings within this Category.

Masonry facades including brick veneer when combined with internal stud walls clad with 13mm plasterboard will adequately address external noise intrusion. B

Should light weight construction be adopted, facade walls will be constructed using steel studs (min. 92mm) clad internally using 1no. 13mm FR plasterboard, and externally using 9mm CFC. For both the masonry and light weight options, the cavity must include fibreglass insulation (min. 75mm thick x 14kg/m3) and the wall system must be well sealed using resilient mastic (eg. Sikaflex Pro.)

Masonry facades including brick veneer when combined with internal stud walls clad with 13mm plasterboard will adequately address external noise intrusion. C

Should light weight construction be adopted, facade walls will be constructed using steel / timber studs (min. 90mm) clad internally using 1no. 13mm plasterboard, and externally using 9mm CFC. For both the masonry and light weight options, the cavity must include fibreglass insulation (min. 75mm thick x 14kg/m3) and the wall system must be well sealed using resilient mastic (eg. Sikaflex Pro.)

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8.1.1.2

Roof / Ceiling Construction

The proposed roof / ceiling upgrades applicable for each Category is included in Table 8 below. Table 8: Proposed Noise Control Strategies (Roof / Ceiling Elements) Category

Proposed Treatment Metal deck roofing (min. 0.48mm thick) or conventional roof tile system combined with conventional building blanket incorporating insulation and sisalation. Internally, the system must include a suspended ceiling constructed using 2no. 13mm FR plasterboard with fibreglass insulation (min. 75mm thick x 14kg/m3) overlays. The suspended ceiling system must include a 250mm air gap and be substantially unpenetrated unless penetrations are treated acoustically so as not to influence the overall performance of the system.

Metal deck roofing (min. 0.48mm thick) or conventional roof tile system combined with conventional building blanket incorporating insulation and sisalation. Internally, the system must include a suspended ceiling constructed using 1no. 13mm plasterboard with fibreglass insulation (min. 75mm thick x 14kg/m3) overlays. The suspended ceiling system must include a 200mm air gap and be substantially unpenetrated unless penetrations are treated acoustically so as not to influence the overall performance of the system.

8.1.1.3

Conventional Construction.

Dwelling Access Doors

The proposed dwelling access door upgrades applicable for each Category is included in Table 9 below. Table 9: Proposed Noise Control Strategies (Access Doors) Category

Proposed Treatment

Access doors must open into common ‘non noise sensitive’ corridors. Construction to be 40mm solid core timber door fitted with suitable acoustic perimeter seals. As a minimum, acoustic seals to include Raven RP10 to tops and sides of doors, combined with Raven RP38 or RP71 to door thresholds. Double doors should be avoided.

As for Category A, unless doors are facing away with no angle of view of the roadway then they can be constructed as for Category C.

Solid core timber door well fitted to opening with minimal gaps around the perimeter and conventional weather seals. If facing away with no angle of view of the roadway then they can be of conventional construction but must include minimal gaps around the perimeter of the door.

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8.1.1.4

Dwelling Glazing Treatments

The proposed dwelling glazing upgrades applicable for each Category is included in Table 10 below. Table 10: Proposed Noise Control Strategies (Glazing Elements) Category

Proposed Treatment The proposed double glazing element will be 6.5mm VLAM Hush / 10mm air gap / 8.5mm VLAM Hush. The proposed configuration must include the nominated glazing and form part of a system achieving a minimum acoustic performance of Rw 37. A double glazing system incorporating 10.5mm VLAM Hush / 8mm air gap (argon) / 6mm glass and achieving Rw 39 may also be suitable but would need to be reviewed by an acoustic consultant to be equal or better in spectral performance to the 6.5mm VLAM Hush / 10mm air gap / 8.5mm VLAM Hush prior to approval.

Internal rooms associated with dwellings are to be considered as independent spaces with glazing to be limited in accordance with the following parameters: ▪

Bedrooms must only include a single facade which incorporates glazing. Where bedrooms are located on a corner, the second facade must be a solid construction without any glazed elements. The glazed sections within the single facade must not make up more than 20% of that single facade (not including second facade).

▪

Living areas can include glazing elements on one or two facades when located on a corner, however the glazed elements must not be greater than 30% of each facade.

▪

Glazing facing away with no angle of view of the roadway can be constructed as for Category B.

Acoustic double glazing system consisting of 10mm glass, 12mm air gap and 6mm glass or single glazing comprising 10.38mm laminated glass. The system must achieve a minimum acoustic performance of Rw 33. Internal rooms associated with dwellings are to be considered as independent spaces with glazing to be limited in accordance with the following parameters: B

▪

Bedrooms can include glazing elements on one or two facades when located on a corner, however the glazed elements must not be greater than 50% of each facade.

▪

Living areas can include glazing elements on one or two facades when located on a corner, however the glazed elements must not be greater than 50% of each facade.

Glazing facing away with no angle of view of the roadway can be constructed as for Category C.

Conventional thermal double glazing consisting of 6mm glass, 12mm air gap and 6mm glass or single glazing comprising 6.38mm laminated glass. The system must achieve a minimum acoustic performance of Rw 31. Internal rooms associated with dwellings are to be considered as independent spaces with glazing to be limited in accordance with the following parameters: C

▪

Bedrooms can include glazing elements on one or two facades when located on a corner, however the glazed elements must not be greater than 50% of each facade.

▪

Living areas can include glazing elements on one or two facades when located on a corner, however the glazed elements must not be greater than 50% of each facade.

Glazing facing away with no angle of view of the roadway can be conventional single or double glazing.

Table 10 provides the proposed glazing arrangements combined with their Rw performance. The Rw performance will apply for openable and fixed sections forming part of the glazed external facades and will apply not only to the glazing but the overall system including associated framing and seals.

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The glazing arrangement must be a proprietary system ensuring that the framing and openable sections do not reduce the overall performance. Commercial suppliers of noise rated window or sliding door glazed systems are readily available, such as Australian Aluminium, Capral, and G James. Any systems offered to the project should include Australian based noise reduction test data or demonstrate on site to be capable of achieving the required noise reduction performance. The systems and seals installed on the project must be guaranteed to be the same as the tested systems and must be reviewed prior to approval.

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8.1.2

Consideration of Ventilation

Achievement of the internal design objective noise levels will rely on external facade openable sections being closed. This does not preclude the use of the openable facade sections, it just simply means that during times when the facade sections are open, internal design objective noise levels will not be achieved. Ventilation requirements for internal areas forming part of the development will need to be considered in accordance with the Building Code of Australia without the allowance for outside air being provided by the nominated external facade openable sections. As a result, provision of outside air may require the introduction of fan assisted ventilation, or for ventilation to be borrowed from other areas. Any ventilation penetrations will require acoustic attenuation treatments to ensure that the openings due not reduce the overall acoustic performance of the external facade construction.

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8.2

STAGE 21, 24 AND 25 RESIDENTIAL LOTS

The Precinct 3 masterplan provided for review includes two large superlots located toward the northern boundary of the site abutting Hardys Road, and toward the southern boundary of the site. The northern superlot will be occupied by a community hub building which will be associated with the development and will incorporate an L shaped single level building and a rectangular multi-level building along the northern boundary. What will be constructed within the southern superlot is not known. Figure 6 provides an indication of the location of the proposed superlots.

Figure 6: Northern Superlot (Left), Southern Superlot (Right)

For the purposes of this assessment, WMG has included the proposed community hub building within the northern superlot, however has left the entirety of the southern lot unoccupied within the noise model. As a result, the residential lots located to the north, west and south of the southern superlot will receive unobstructed view of vehicle movements along Bells Road and will therefore be subjected to elevated noise levels. Based on the outcomes of the noise model, WMG has nominated Category B and Category C treatments to the relevant lots. Pending further investigations regarding future development of the land, it would be expected that some of the lots, particularly to the west, will be able to reduce their external facade construction requirements once the design for each of the superlots is finalised.

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8.3

NON-GOVERNMENT SCHOOL PROJECT

The Precinct 3 masterplan includes a centralised lot which will be occupied by a non-government school. The proposed layout for the school generally nominates that occupiable building structures will be located toward the western boundary of the site, with less sensitive areas including an oval, bike shed, outdoor basketball courts, and a carpark being located within closer proximity of Bells Road. Figure 7 below provides the proposed non-government school layout.

Figure 7: Proposed Non-Government School Site Plan

The site layout includes the Learning Centre 4 building located adjacent to the northern boundary of the site land and within the closest proximity of Bells Road. It has been advised that the Learning Centre 4 building will include classrooms, however, the eastern end of the building will be used predominantly for administration with windows associated with the building being located predominantly in the northern and southern facades. It is understood that there may be some smaller highlight windows within the eastern facade, however this has not been finalised at this stage. 12652-2.1jg

The results of the noise model indicate that in the absence of any noise shielding, the eastern facades of the Learning Centre 4 building will be exposed to traffic noise levels in the order of 67 dB(A) Leq,12hr. As the land surrounding the school is developed for residential use, noise associated with Bells Road will be reduced due to noise shielding from residential dwellings fronting Bells Road. The results of noise modelling to reflect the increased occupation of the surrounding land has indicated that predicted noise levels will reduce by in the order of 4dB(A) to 63 dB(A) L eq 12hr. AS2107 nominates a range of values for various occupiable areas within an educational facility. For office areas and staff areas consistent with what is proposed at the eastern end of the Learning Centre 4 building, the recommended values would fall within the range 40-45 dB(A) Leq. Using the described range as a design objective for the proposed use, the external facades at the eastern end of the Learning Centre 4 building would be required to provide a noise reduction in the order of 18-23 dB(A) to reduce noise levels to the recommended values nominated within AS2107. The described noise reduction is modest, and would be expected to be achieved through conventional construction including: ▪

Metal deck roofing combined with suspended conventional mineral fibre tile ceilings.

▪

Masonry or lightweight facade walls including fibrous insulation within the wall cavity.

▪

6mm glazed windows fitted with perimeter acoustic seals.

Achievement of the internal design sound levels would rely on external facade openable sections being closed. Therefore, some consideration should be given to borrowing ventilation from other less sensitive areas and / or providing ventilation through fan assisted means. For the remainder of the school grounds, the results of the noise model indicate that external noise levels will generally be equal or lower than the 63 L10,12hr. value nominated within the VicRoads Traffic Noise Reduction Policy. It would therefore be expected that the Department of Transport would not require any additional noise control measures to be implemented to other building structures constructed within the boundaries of the school site.

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8.4

COMMUNITY HUB BUILDING

The community hub building will be constructed within the boundaries of the northern superlot and will incorporate an L shaped single level building and a rectangular multi-level building along the northern site boundary. Predicted noise levels at the location of the community hub building indicated that the external facade construction requirements will align with those nominated for Category A. The construction of the community hub building will form part of a separate review to ensure that the design and construction adequately addresses external noise intrusion from the future traffic flows.

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OVERVIEW

WMG has undertaken an acoustic assessment to consider the potential for traffic noise levels associated with the proposed Bells Road extension to impact on the land described as 270 – 272 Hardys Road, Clyde North. The assessment has been carried out in response to concerns raised by the Department of Transport in relation to the construction of noise sensitive uses within proximity of the roadway. As part of the assessment, WMG has determined future traffic noise levels at the land proposed for subdivision using the methodologies and procedures described within Calculation of Road Traffic Noise - Department of Transport Welsh office. Predicted traffic noise levels have then been considered in accordance with relevant noise criteria provided within the Casey City Council Planning Scheme and within Department of Transport issued documents including: ▪ VicRoads Interpretation & Application of VicRoads Traffic Noise Policy. ▪ Requirements of Developers – Noise Sensitive Uses. Based on the results of the assessment, WMG has concluded that noise sensitive uses located immediately adjacent to the Bells Road extension will require specific noise control treatments to suitably protect the amenity of internal areas forming part of the uses. The relevant noise control strategies will include: ▪ Requirement to include acoustically rated double glazing along Bells Road facades. ▪ Minimising the size of glazed sections overlooking Bells Road. ▪ Upgrading external facade wall and roof / ceiling construction relative to conventional. ▪ Compliance with ventilation requirements through borrowed of fan assisted means. Each of the above items are further discussed in Section 8 of this report.

JORDAN GROWCOTT WATSON MOSS GROWCOTT acoustics pty ltd

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APPENDIX 1 – ILLUSTRATIVE MASTER PLAN

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APPENDIX 2 – ILLUSTRATIVE CATEGORY MARKUP OF LOTS WITHIN PRECINCT 1 AND 3

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PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

ADDRESS OF THE LAND: 350S Hardys Road CLYDE NORTH VIC 3978 Lot E PC 379042G

THE PERMIT ALLOWS: Multi Lot Subdivision, Creation/Alteration of Easements and Restrictions, Subdivision adjacent to and Creation of access to a Road in a Road Zone Category 1

THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT: Conditions:

1-116 and Notes (Inclusive)

Actions prior to the certification of a plan of subdivision 1.

Prior to the certification of the first plan of subdivision, an amended subdivision layout plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and then form part of the permit. The plan must be drawn to scale with dimensions. The plan must be generally in accordance with the Indicative Subdivision & Staging Plan – Council – Littlecroft Precinct; 270 & 272 Hardys Road, Clyde North (Version No: 08) prepared by Beveridge Williams dated 25 November 2021 (Job No: 1702037) (Sheet 1 of 1) submitted with the application but modified to show: (a)

Roads created in planning permit PA20-0867 to be located on the plans. (With a notation / hatching stating road construction is part of this application)

(b)

The northern section of Wild Goose Way (ST14) to have a 6.4m wide carriageway (with off street parking).

(c)

The most northern end of Wild Goose Way to be amended to show a court bowl. All court bowls proposed must have radius that accord with Figure 10.16.1 – Minimum Dimensions of Turning Areas of the Engineering Design and Construction Manual for Subdivision in Growth Areas.

(d)

All road reserve width dimensions, within the site, including the non-government school surround)

(e)

Clear identification of any land to be vested for intersection flaring (dimensions, areas, etc) at Bells Road.

(f)

All pedestrian priority crossing locations (including intersections)

(g)

All temporary drainage assets on the site or on adjoining site (including assets to be removed).

Date issued: 31 January 2022 Page 1 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(h)

the location of utility service substation / kiosk sites, which must not be located on any land identified as public open space or to be used for any Municipal purpose, unless otherwise agreed by the Responsible Authority.

(i)

An estimated lot yield (dwelling density) to be shown on the southern superlot.

(j)

The following notations included on the plans: (i).

All shared paths are to be provided with dedicated priority crossings at all Local Streets.

(ii).

All utility service substation / kiosk sites must not be located on any land identified as public open space or to be used for any Municipal purpose, unless otherwise agreed by the Responsible Authority.

(iii). Any shared or two-way off-road bicycle path that intersects or crosses an internal road must be provided with pedestrian / bicycle priority. 2.

Prior to the certification of the first plan of subdivision, a public infrastructure plan to the satisfaction of the Responsible Authority and the Development Agency must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions. The plan must address the following: (a)

Clear identification of each precinct (1, 2 and 3) but use of shading / hatching or defined coloured lines and labels

(b)

Identify ALL DCP project across the Precincts on the map and within the Table / legend

(c)

The DCP reference (1a) should be IN-53-13 (currently IN-54-16)

(d)

The non government school to be labelled (or identified in the Legend)

(e)

What land may be affected or required for the provision of infrastructure works and the timing of when such land will be provided.

(f)

The provision, staging and timing of stormwater drainage works, including any temporary drainage works.

(g)

The provision, staging and timing of road works internal and external to the land consistent with any relevant traffic report or assessment, including the temporary road connection.

(h)

The provision of public open space and tree reserves, including a notation as to how much of the public open space required by Clause 53.01 of the Casey Planning Scheme is being provided as a land contribution, with the remainder notated to be provided as a cash in lieu contribution.

Date issued: 31 January 2022 Page 2 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(i)

Any distinction between the timing of the creation of any reserve or lot and its embellishment / servicing as necessitated to achieve allowed Growth Areas Infrastructure Contribution exemptions. Such must include a notation identifying the prohibition of the sale of lots or vesting of reserves created prior to their embellishment / servicing until such time as they are embellished / serviced with respect to the applicable conditions of the permit and a Statement of Compliance has been issued for the relevant stage in which they will be embellished / serviced.

(j)

The landscaping of any land.

(k)

What (if any) infrastructure set out in the Clyde Development Contributions Plan applying to the land is sought to be provided as “works in lieu” subject to the consent of Casey City Council. The plan may be amended with the consent of the Responsible Authority.

Before the first plan of subdivision is certified, or with the prior written consent of the Responsible Authority, a Street Tree Landscape Master Plan to the satisfaction of the Responsible Authority and prepared by a person suitably qualified or experienced in landscape design must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and form part of the permit. The plan must be drawn to scale, fully dimensioned and a digital copy must be provided. The plan must show: (a)

Vegetation that is approved to be removed and retained.

(b)

Buildings and trees (including Binomial names) on neighbouring properties impacted by the permitted subdivision.

(c)

Road reserve widths, including areas within road reserves set aside for the retention of existing vegetation.

(d)

The general layout of street tree plantings, including the proposed tree species which are consistent with the following outcomes / principles: (i)

A diverse and future climate suitable range of species that will achieve a long-term green asset in 50+ years, with a canopy cover of at least 30 percent (to be demonstrated graphically on plan to scale).

(ii)

Species must not generally be greater than 30 per cent from a particular botanical family, greater than 20 per cent from a particular botanical genus, and no greater than 10 per cent for a particular botanical species, within the development.

(iii)

Mature tree sizes generally in accordance with road cross sections of the Clyde Creek PSP.

(iv)

Provision of deciduous tree species on east/west aligned streets and evergreen tree species on north/south aligned streets.

(v)

Planting of trees in vicinity of shared paths that will provide a minimum of 50 per cent shade cover to the shared paths at tree maturity.

Date issued: 31 January 2022 Page 3 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(e)

The location of fencing including tree, walkway and vehicle exclusion fencing.

(f)

Indicative road reserve cross-sections with street tree planting illustrated.

(g)

Consistency of streetscape planting where streets continue from adjoining developments into the subject site. Note: It is the developer’s responsibility to liaise with adjoining developer(s) to ensure planting consistency.

(h)

The indicative location of paths and trails in accordance with the amended subdivision layout plan endorsed to form part of the permit.

All species selected must be to the satisfaction of the Responsible Authority. Open Space Landscape Master Plan/Tree reserves 4.

Before the plan of subdivision for a stage creating a tree reserve is certified, or with the prior written consent of the Responsible Authority, a Tree Reserve Master Plan to the satisfaction of the Responsible Authority and prepared by a person suitably qualified or experienced in landscape design must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and form part of the permit. The plan must be drawn to scale, fully dimensioned and a digital copy must be provided. The plan must show: (a)

Vegetation that is approved to be retained, removed and/or lopped.

(b)

Site contours and any proposed changes to existing levels including any structural elements such as retaining walls.

(c)

The area and dimensions of the open space reserve.

(d)

The general layout of reserve plantings including the proposed location of evergreen and deciduous tree species, and an indicative species list of all proposed planting.

(e)

All species selected must be to the satisfaction of the Responsible Authority.

(f)

The proposed location of structures and furniture items.

(g)

The proposed location of paths, trails and any other pavement areas.

(h)

The location of fencing including tree, walkway, vehicle exclusion and open space reserve fencing.

(i)

Retention of existing vegetation within public open space is at the discretion of the Responsible Authority and is subject to providing appropriate arboricultural assessment/reporting and inspection.

(j)

A diverse and future climate suitable range of species that will achieve a long-term green asset 50+ years, with canopy cover of at least 30 per cent (to be demonstrated graphically on plan to scale).

Date issued: 31 January 2022 Page 4 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(k)

Species nominated must not generally be greater than 30 per cent from a particular botanical Family, greater than 20 per cent from a particular botanical Genus, and no greater than 10 per cent for a particular botanical Species, within the development.

(l)

The greening of easements where possible, utilising appropriate sustainable species which are compliant with requirements of and to the approval of the vested Easement Authority and the Responsible Authority.

Prior to the certification of the first plan of subdivision, a fencing master plan for the Littlecroft Precinct (as defined by the amended subdivision layout plan endorsed to form part of the permit) prepared by a person suitably qualified or experienced in landscape design to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and then form part of the permit. The plan must: (a)

show fencing concepts for dwelling lots that adjoin a reserve (including tree reserves) shown on the amended subdivision layout plan endorsed to form part of the permit;

(b)

specify for each fencing concept: (i)

height;

(ii)

material/s used; and

(iii)

transparency (per cent);

Prior to the certification of a plan of subdivision that creates a lot with an area between 250 square metres and 500 square metres, a building envelope plan in accordance with Part 5 of the Building Regulations 2018 must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and then form part of the permit. The building envelope plan must apply to all lots with an area between 250 square metres and 500 square metres where the Small Lot Housing Code (Victorian Planning Authority, November 2019) is not applied. The building envelope plan must consider the provision of solar access and any other requirements of the plans endorsed to form part of the permit and show: (a)

At least a 4 metre front setback to all lots, except: (i)

for lots of between 250 and 300 square metres opposite or abutting a passive or active open space area or local town centre / activity centre where the front setback can be reduced to 3 metres; or

(ii)

for lots over 300 square metres which adjoin a bank / row of Small Lot Housing Code lots whereby a reduced setback may be considered to the satisfaction of the Responsible Authority.

(b)

At least a 1 metre offset from any boundary abutting a reserve.

(c)

At least a 2 metre offset from any boundary abutting a side street.

Date issued: 31 January 2022 Page 5 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

(d)

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

A Build to Boundary Zone (zone) must only apply to one side boundary. This zone can be shown on both side boundaries with a notation stipulating that only one of these zones can be utilised per lot in relation to the location of the crossover provided to that lot.

Prior to the certification of a plan of subdivision, restrictions on the plan of subdivision, which may include Design Guidelines and Memorandum of Common Provisions, must be submitted to and approved by the Responsible Authority. When approved, the restrictions will be endorsed and then form part of the permit. The restrictions must include: (a)

A restriction that does not allow garage openings to occupy more than 40% of the width of the primary street frontage, unless the dwelling is two or more storeys.

(b)

A restriction that does not allow garages or carports to be setback less than 5.5 metres from the primary street frontage.

(c)

Differentiation of fencing restrictions for corner lots as opposed to standard lots in relation to fencing of a side boundary, acknowledging that corner lots should address both the primary and secondary street frontage. For the purposes of this condition, a corner lot is defined as a lot shown on the amended subdivision layout plan endorsed to form part of the permit that: (i)

has two street frontages, or

(ii)

has a side boundary that adjoins a Walk (10m road reserve).

(d)

A consent mechanism with respect to building outside of a building envelope with the prior written consent of the Responsible Authority.

(e)

Specific Design measures / controls for Lots 2130-2138, 2401-2408 and 2434-2440 to ensure dwelling design limits the overall impact to the streetscape / road reserve. The controls must reduce impact of hardstand areas with the road reserve (ie. sharing of crossovers) and provide maximum narturestrip areas.

Prior to the certification of a plan of subdivision that creates a lot with an area less than 300 square metres, a plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must identify lots with an area less than 300 square metres that are subject to a restriction on title requiring that the construction of one dwelling on a lot created must comply with the Small Lot Housing Code (Victorian Planning Authority, November 2019) incorporated pursuant to the Schedule to Clause 72.04 of the Casey Planning Scheme.

Prior to the certification of a plan of subdivision that creates a lot with an area less than 300 square metres, a plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must identify whether Type A or Type B of the Small Lot Housing Code (Victorian Planning Authority, November 2019) applies to a lot with an area less than 300 square metres.

Date issued: 31 January 2022 Page 6 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

10.

Prior to the certification of any plan of subdivision, irrespective of whether South East Water has entered into an agreement as contemplated, the plan of subdivision must contain a restriction which provides that no dwelling or commercial building may be constructed on any lot unless the building incorporates dual plumbing for the use of recycled water in toilet flushing and garden watering should it become available.

11.

Prior to the certification of the first plan of subdivision, written advice prepared by a suitably qualified environmental professional to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the written advice will be endorsed and will then form part of the permit.

12.

Prior to certification of the first plan of subdivision (unless otherwise agreed to by Council), an Integrated Water Management Plan for the whole of the estate prepared by a person suitably qualified or experienced consultant must be submitted to and approved by the Responsible Authority. When approved, the IWMP will be endorsed and will then form part of the permit. The IWMP must be in accordance with Clause 56.01-2 and Clause 56.07 and include the following: (a)

The plan must consider all aspect of the water cycle by addressing the following principles: (i).

Safe, secure and affordable supplies in an uncertain future.

(ii).

Effective and affordable wastewater systems.

(iii). Opportunities are sought to manage existing and future flood risks and impacts. (iv). Healthy and valued waterways and marine environments. (v).

Healthy and valued urban, rural, agricultural and green landscapes.

(vi). Community values are reflected in place based planning. (vii). Jobs, economic growth and innovation. (viii). Demonstrate how post-development volumes are controlled to mimic predevelopment conditions by achieving neutral or beneficial effect on the natural environment and receiving constructed system, waters or wetlands. (b)

Consideration of a requirement that each new dwelling is to install a minimum 3000 litre rainwater tank. The tank must be connected to supply water to all toilets and the laundry within the dwellings to the satisfaction of the Responsible Authority.

(c)

Consideration of the provision of a stormwater harvesting system to be used for irrigation of active and passive open space areas.

(d)

Identification of any other initiative proposed by the developer for the overall estate (i.e. passive irrigation of street trees).

(e)

Details including clearly documenting the works required to achieve any proposed water management initiatives (i.e. passive street tree irrigation system to be documented through the civil engineering plans to be approved by Council).

Date issued: 31 January 2022 Page 7 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

13.

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Before the first plan of subdivision is certified, a Stormwater Management Strategy to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Once approved, the Stormwater Management Strategy will be endorsed and form part of the permit. The strategy must include: (a) Catchment characteristics including a catchment plan showing the subject site and any contributing upstream catchments. (b)

Stormwater management requirements outlining the legislative requirements for managing stormwater at the site.

(c)

Stormwater Quantity Analysis including a functional layout plan showing the proposed alignment of drainage infrastructure that will convey the 20 per cent annual exceedance probability (AEP) flows and the designated overland flow paths that will convey the 1 per cent AEP gap flows.

(d)

Calculations showing that any road or access way intended to act as an overland flow path satisfies the floodway safety criteria.

(e)

Calculations must be in accordance with the guidance provided in the current Australian Rainfall and Runoff.

(f)

Stormwater quality treatment outlining how water quality targets will be met.

(g)

Any outfall arrangements or staging of infrastructure to support the development.

(h)

Details on how stormwater from the land will be managed with temporary treatment before the ultimate infrastructure being completed. Any changes to the sub-division layout will require an amended Stormwater Management strategy to be prepared to the satisfaction of the responsible authority.

14.

Prior to certification of the plan of subdivision, a free drainage outfall is to be arranged to the satisfaction of the Responsible Authority and affected downstream property owner(s). Written acceptance from the downstream landowners must be provided.

15.

Before the first plan of subdivision is certified, any temporary drainage solution to the satisfaction of the responsible authority proposed to be implemented must be submitted to an approved by the responsible authority. Once approved, the temporary drainage solution will be endorsed and form part of the permit. The temporary drainage solution must include: (a)

The provision of a sediment basin to manage water quality and retarding basin to mitigate additional flow.

(b)

The sediment pond must be designed to capture 95 per cent of coarse particles ≥ 125 µm diameter for the peak three-month ARI flow.

(c)

The retarding basin must limit the rate of stormwater discharge for storm events up to and including the 1 per cent AEP storm, to the predevelopment rate.

Date issued: 31 January 2022 Page 8 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Any temporary solution must be located entirely within the boundaries of the subdivision unless prior written consent from adjoining property owner(s) is received to construct on their land. 16.

Before the first plan of subdivision is certified, a Maintenance Management Plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority for all water infrastructure (including but not limited to wetlands, sediment basins, retarding basins, swales, bioretention basins, GPTs, centralised stormwater harvesting systems etc). Once approved, the plan will be endorsed and form part of the permit. The Maintenance Management Plan must include: (a)

A schedule of assets including both temporary and permanent measures.

(b)

A maintenance regime for the maintenance period which is the life of the development or 2 years, whichever is greater. A record of the maintenance works undertaken during the maintenance period must be submitted to the responsible authority within 24 hours of being requested by the responsible authority and once final completion is issued.

(c)

The approved Maintenance Management Plan must be complied with at all times. 17.

Unless with the prior written consent of the Responsible Authority, prior to the certification of the first plan of subdivision, the construction of the following Clyde Development Contributions Plan (the DCP) projects must have reached practical completion to the interim urban standard shown in the DCP to the satisfaction of the Responsible Authority and the Department of Transport (previously VicRoads): (a)

Thompsons Road / Bells Road intersection (DCP Project ID IN-53-04);

(b)

Bells Road culvert over Ti Tree Creek (DCP Project ID BR-53-03);

(c)

Bells Road / St Germain Boulevard intersection (DCP Project ID IN-53-08);

(d)

Bells Road (DCP Project ID RD-53-03A) located between the Bells Road / St Germain Boulevard intersection (DCP Project ID IN-53-08) and the Bells Road / Tuckers Road intersection (DCP Project ID IN-53-11);

(e)

Bells Road / Tuckers Road intersection (DCP Project ID IN-53-11);

(f)

Tuckers Road over the Victorian Desalination Project easement (DCP Project ID BR-5305);

(g)

Bells Road (DCP Project ID RD-53-03A) located between the Bells Road / Tuckers Road intersection (DCP Project ID IN-53-11) and the Bells Road / Hardys Road intersection (DCP Project ID IN-53-17);

(h)

Bells Road over the Victorian Desalination Project easement (DCP Project ID BR-5306);

(i)

Bells Road / Hardys Road intersection (DCP Project ID IN-53-17); and

Date issued: 31 January 2022 Page 9 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

(j)

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Bells Road (DCP Project ID RD-54-04) located between the Bells Road / Hardys Road intersection (DCP Project ID IN-53-17) and the Bells Road / Road A (20m road reserve) intersection.

18.

Prior to the certification of a plan of subdivision, streets must be named to the satisfaction of the Responsible Authority.

19.

Prior to the certification of a plan of subdivision, the plan of subdivision must be in accordance with the endorsed plans but modified to show to the satisfaction of the Responsible Authority and relevant servicing authorities:

20.

(a)

All easements required by servicing authorities as well as any easements required by the Responsible Authority over any temporary drainage assets which are to be managed by the Responsible Authority.

(b)

Building envelopes and the creation of restrictions to accord with those identified on plans / documents endorsed to the permit.

(c)

Unless otherwise agreed in writing by the Responsible Authority, road reserve and court head dimensions in accordance with the Growth Area Authorities standard drawings.

(d)

Any land required to be set aside for the purpose of road widening and to be vested in Council in accordance with any relevant condition of this permit.

(e)

Any tree reserves to be vested with the City of Casey.

(f)

All bearings, distances, street names, lot numbers, lot sizes, reserves and easements.

Prior to the certification of any plan of subdivision, the plan must be referred to the following authorities under Section 8 of the Subdivision Act 1988: (a)

APT O&M Services Pty Ltd;

(b)

AusNet Electricity Services Pty Ltd;

(c)

Country Fire Authority;

(d)

Department of Transport (previously Transport for Victoria)

(e)

Department of Transport (previously VicRoads);

(f)

Melbourne Water; and

(g)

South East Water.

Bulk Earthworks 21.

Prior to commencement of any works on site, a suitable earthworks plan for the permit area must be submitted to and approved by Council. The plans must show:

Date issued: 31 January 2022 Page 10 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

22.

23.

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(a)

The subdivision layout generally in accordance with Condition 1 of this permit.

(b)

The outline of the area where works are proposed to be conducted (no detail of the works to actually be shown) The extent of proposed cut / fill throughout the site at 250mm intervals.

(c)

Suitable levels / contours of finished surface levels to Australian Height Datum.

(d)

Details of any batters within the subject site or consents from adjoining property owners to batter into adjoining properties.

(e)

The location of any temporary stockpiling.

(f)

Suitable cross-sections throughout; and

(g)

Documentation confirming how drainage will be managed as part of the cutting / filling operations.

(h)

A notation stating that this plan does not constitute engineering approval for civil infrastructure and that approval of details engineering plans is required prior to the installation of any civil infrastructure

Before any works for bulk earthworks (cutting / filling) start: (a)

Any site remediation works required by this permit must be conducted to the satisfaction of Council.

(b)

A Site EMP for bulk earthworks (filling) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority in accordance with the relevant conditions of this permit. The Site EMP for bulk earthworks (filling) must consider temporary drainage arrangements to ensure there is no adverse impact on neighbouring properties as a result of the bulk earthworks (filling) prior to the carrying out of works for the ultimate drainage infrastructure under the permit.

While bulk earthworks (cutting / filling) are occurring on site, the following conditions must be complied with to the satisfaction of the Responsible Authority: (a)

Civil infrastructure which requires approval of detailed engineering plans by Council and / or supervision by Council contractors must not be installed without the written consent of the Responsible Authority.

(b)

The proposed cut and fill works on this property must not impede the natural flow of water through any existing watercourses where such a blockage would create any additional flooding that will be detrimental to the properties surrounding this site or deprive any surrounding properties from a reasonable flow of water through the watercourse. Stormwater must continue to flow through the site.

Date issued: 31 January 2022 Page 11 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Layout not altered; 24.

The subdivision as shown on the endorsed plan and any other documentation endorsed to form part of the permit must not be altered without the prior written consent of the Responsible Authority.

Staged subdivision 25.

The subdivision must proceed in the order of stages as shown on the endorsed plan unless otherwise agreed in writing by the Responsible Authority.

Actions prior to works 26.

Prior to the submission of detailed construction plans, a functional drainage layout plan for the development must be submitted to and approved by the Responsible Authority. The plan must show the provision for management of the minor and major flow (including provision for external catchment flow), the proposed alignment for pipes conveying the 20 percent annual exceedance probability (AEP) flows and the overland flow paths for the 1 percent AEP storm event. Any road or access way intended to act as a stormwater overland flow path must be shown to meet the floodway safety criteria to the satisfaction of the Responsible Authority. The floor level of each proposed lot must be to the satisfaction of the Responsible Authority.

27.

Before the development starts, engineering plans and drainage computations must be submitted to and approved by the Responsible Authority. The plans must be in accordance with the approved functional drainage layout plan and include the provision of sufficient on-site stormwater detention to limit the rate of stormwater discharge to the predevelopment rate to the satisfaction of the Responsible Authority. The plans must include the provision of a gross pollutant trap (GPT) prior to any piped discharge to the Melbourne Water waterway or permanent Council sediment basin. The drainage computations must be calculated in accordance with the guidance provided in Australian Rainfall and Runoff 2019.

28.

Before any road/drainage works associated with each stage of the subdivision start, detailed construction plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions. The plans must include, as relevant: (a)

Functional layout plans for the interim and ultimate intersection of any internal road and existing or future arterial road approved by the Responsible Authority and Department of Transport (previously VicRoads), along with the detailed design of the interim intersection;

(b)

Detailed design of any DCP road and intersection projects or other roadworks being undertaken by the development proponent external to the site to the satisfaction of the Responsible Authority and Department of Transport;

Date issued: 31 January 2022 Page 12 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

(c)

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Fully sealed pavements with kerb and channel (or rollover kerbs where appropriate) to dimensions generally in accordance with the relevant road cross-sections in the incorporated Clyde Creek Precinct Structure Plan (Clyde Creek PSP) applying to the land but including approximately 30% of local street cross sections (including connector streets) varying from the relevant ‘standard’ cross section contained within the Clyde Creek PSP including through variations to: (i)

traffic management devices;

(ii)

street tree placement;

(iii)

footpath or carriageway placement;

(iv)

create a boulevard effect;

(v)

carriageway or parking bay pavement; and

(vi)

tree outstand treatments.

For the purposes of this requirement, changes to street tree species between or within streets do not constitute a variation. (d)

Alternative cross sections must ensure that: (i)

minimum required carriageway dimensions are maintained to ensure safe and efficient operation of emergency vehicles on all streets as well as buses on connector streets with minimal trafficable widths of: 

7.3 metres where cars park on both sides;



5.4 metres where cars may park on one (1) side; and



3.5 metres where no parking, along with 0.5 metre clearance to structures on either side. If this width applies there must be passing bays of at least 20 metres long and 6 metres wide located not more than 200 metres apart,

unless otherwise agreed by the Country Fire Authority. (ii)

the performance characteristics of standard cross sections as they relate to pedestrian and cycle use are maintained.

(iii)

relevant minimum road reserve widths for the type of street as identified in the Clyde Creek PSP are maintained, unless otherwise approved by the Responsible Authority.

(e)

Traffic management devices;

(f)

Vehicle exclusion fencing where necessary;

Date issued: 31 January 2022 Page 13 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(g)

Where a detailed construction plan contains a road identified as a bus route within the Clyde Creek PSP applying to the land, the cross section of the road must comply with the Clyde Creek PSP to the satisfaction of the Department of Transport;

(h)

Corner splays, as required, to suit the road function;

(i)

Driveway links designed to provide one (1) visitor space per lot served by the link;

(j)

Concrete footpaths and/or shared paths in accordance with the amended subdivision layout plan endorsed to form part of the permit on both sides of each roadway with the exception of the side of a road that abuts a public open space;

(k)

A vehicular crossing to each lot, except those nominated as a medium density lot or superlot on the amended subdivision layout plan endorsed to form part of the permit, designed in accordance with the Growth Areas Authority Standard Drawings unless otherwise agreed. Unless an alternative treatment is approved by the Responsible Authority, crossovers on lots with frontages of 10 metres or less must abut a crossover on an abutting lot to create a combined crossover of no more than 3 metres in width (excluding splays) at the kerb. Crossovers should be: (i)

located on the long side of corner sites where roundabout splitter islands will hinder access.

(ii)

located a minimum of 1 metre from any service facilities.

(iii)

offset a minimum of 6 metres from the tangent point of any side streets (refer to Australian Standards, Parking Facilities, Part 1: Off-street car parking).

(l)

Temporary turnaround areas within the site for waste collection vehicles (8.8 metres in length) at the dead end of any road;

(m)

Temporary road connection works in accordance with the traffic management plan endorsed to form part of the permit;

(n)

The Bells Road/ Northern E-W Connector Street intersection (left in – left out) must be designed as per the VPA Standards or DoT Standards and satisfaction.

(o)

Wild Goose Way/ Heather Grove intersection (roundabout – oval central island), must be designed to accommodate typical Low Floor Bus (12.5m) turning manoeuvres. (Swept path diagrams must be provided.)

(p)

The eastern North-South Road (18.0m) should be designed with hardstand car parking spaces along the eastern side of the road (opposite School Site), a minimum of one space for every two lots to allow two vehicles passing manoeuvres.

(q)

A traffic management device (Flat Top Speed Hump) must be provided at an appropriate location along the section of Wild Goose Way between the two roundabouts (mid-block).

Date issued: 31 January 2022 Page 14 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

(r)

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Drainage systems, including: (i)

all aspects of the stormwater drainage system including drainage reserves and retarding basins, wetlands, stormwater connections and outfalls and any Water Sensitive Urban Design Measures (if relevant);

(ii)

features to prevent litter, sediment and oils from entering the drainage system and/or cut-off drains to intercept stormwater run-off from adjoining properties. Such features may be suitably sized litter traps for surface rubbish, oil and sediment. These devices must be constructed within the works upstream of the outfall drain for the subdivision;

(iii)

measures to satisfy the objectives of “Best Practice Environmental Management Guidelines” (CSIRO 1999) to reduce or retain in total 80% of suspended solids, 45% phosphorus, 45% nitrogen; and 70% litter/ gross pollutants larger than 5mm” and meet the intended outcomes of Clause 56 of the Casey Planning Scheme to the satisfaction of the Responsible Authority;

(iv)

the provision of sufficient on-site stormwater detention in accordance with the approved functional drainage layout plan to limit the rate of stormwater discharge to the predevelopment rate to the satisfaction of the Responsible Authority; and

(v)

construction details of any temporary drainage works approved by Melbourne Water and the Responsible Authority, along with details of any safety measures, edge treatments and separation distances between those works and the land being subdivided;

(s)

Permanent survey marks, levelled to the Australian Height Datum and coordinated to the Australian Map Grid;

(t)

The location of street lighting;

(u)

Any water sensitive urban design features;

(v)

Details of any cut and fill;

(w)

Services located in shared trenches wherever possible;

(x)

Fibre optic conduit network throughout the subdivision; and

(y)

All concrete and construction materials used on site must comply with AS 2159-2009 and AS 3600-2009.

The detailed construction plans must include, at the relevant stage as identified on the public infrastructure plan endorsed to form part of the permit, any lot or reserve previously created from the parent title that has yet to be embellished/serviced in accordance with the requirements of this permit.

Date issued: 31 January 2022 Page 15 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

29.

Before approval of the engineering plan/s submitted under Section 15(1) of the Subdivision Act 1988, the developer must pay Council an amount equivalent to 0.75% of the estimated cost of constructing the works proposed on the engineering plan.

30.

Before the commencement of works for a stage of subdivision, a Construction Management Plan that addresses Bushfire Risk Management must be submitted to and approved by the CFA. The Construction Management Plan must specify, amongst other things: (a)

Measures to reduce the risk from fire within the surrounding rural landscape and protect residents from the threat of fire.

(b)

A separation buffer, consistent with the separation distances specified in AS3959-2009, between the edge of the development and non-urban areas.

(c)

How adequate opportunities for access and egress will be provided for early residents, construction workers and emergency vehicles.

31.

Fourteen (14) days before the development starts a site specific Environmental Management Plan (Site EMP) must be submitted to and approved by the Responsible Authority. The Site EMP must be prepared in accordance with Council’s ‘Site EMP Kit’ to the satisfaction of the Responsible Authority. No alterations to the Site EMP may occur without the consent of the Responsible Authority. All works must be undertaken in accordance with the approved Site EMP to the satisfaction of the Responsible Authority.

32.

Before the start of any landscaping works for any stage of the subdivision, or with the prior written consent of the Responsible Authority, a Detailed Landscape Construction Plan to the satisfaction of the Responsible Authority and prepared by a person suitably qualified or experienced in landscape design must be submitted to and approved by the Responsible Authority. When approved, the Plan will be endorsed and form part of the permit. The plan must be drawn to scale, fully dimensioned and a digital copy must be provided. The plan must be generally in accordance with the Street Tree Landscape Master Plan approved under the relevant condition of this permit, but amended to show: (a)

Existing vegetation that is approved to be retained.

(b)

New plantings including their layout to be provided in all road, open space, plantation and municipal reserves.

(c)

Street trees must not be planted within 3 metres of any existing or proposed vehicle crossover unless otherwise agreed.

(d)

A detailed plant schedule including all proposed tree, shrub, groundcover and climbing plant species for all public open space areas, including streetscapes, parkland water retention areas, buffer zones, service corridors and community uses.

(e)

All species selected must be to the satisfaction of the Responsible Authority.

(f)

The proposed location and final set out of paths, areas of pavement, playgrounds, play items, structures and street furniture.

Date issued: 31 January 2022 Page 16 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(g)

Detailed planting and construction drawings including site contours and any proposed changes to existing levels including any structural elements such as retaining walls.

(h)

Additional supporting information, such as certified structural designs or building forms.

Not less than 7 days before starting street tree planting and open space landscaping, the Responsible Authority must be notified to undertake surveillance of the works. Before the practical completion of any stage of public streetscape, open space and drainage reserve landscape construction works, documentation to the satisfaction of the Responsible Authority for the completed subject stage(s) must be submitted and at no cost to the Responsible Authority in PDF and A-Spec electronic formats. After the practical completion of any landscape works, the landscaping constructed in accordance with the endorsed Detailed Landscape Construction Plans must be maintained to the satisfaction of the Responsible Authority, for a period of 24 months or other specified period, with the prior written consent of the Responsible Authority. 33.

A minimum of seven (7) days prior to the commencement of street tree planting and landscaping works, the developer must notify the Responsible Authority so that surveillance of the works can be undertaken.

During works 34.

The Salvage and Translocation Protocol for Melbourne's Growth Corridors (Melbourne Strategic Assessment) (Department of Environment and Primary Industries, 2014) must be implemented in the carrying out of development to the satisfaction of the Secretary to the Department of Environment and Primary Industries.

35.

All filling on the site over 300mm must be carried out, supervised, completed and recorded in accordance with AS 3798 – 2007 (Guidelines on earthworks for commercial and residential developments) to specifications to the satisfaction of the Responsible Authority. The geotechnical authority responsible for supervision and testing under this condition must be independently engaged by the applicant and not be engaged by the contractor carrying out the works.

36.

The land must be filled in a manner that does not: (a)

cause an unreasonable amount of dust to be carried onto nearby land; and,

(b)

adversely affect the drainage of adjacent land.

37.

All construction activities associated with the subdivision must be managed so as to limit any inconvenience to existing residents in the vicinity of the works to the satisfaction of the Responsible Authority. The matters to be considered include but are not limited to site access, times of operation, dust, vibration, stormwater runoff etc.

38.

The works authorised by this permit must be managed so that the amenity of the area is not detrimentally affected including through the:

Date issued: 31 January 2022 Page 17 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(a)

Transportation of materials, goods or commodities to or from the land.

(b)

Appearance of any building, works or materials.

(c)

Emission of noise, artificial light, smell, fumes, smoke, vapour, steam, soot, ash, dust, water, waste products, grit or oil.

(d)

Presence of vermin.

Mandatory conditions for subdivision permits required by Clause 66.01-1 of the Casey Planning Scheme 39.

The owner of the land must enter into an agreement with: (a)

a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

(b)

a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Actions prior to the issue of a statement of compliance for a plan of subdivision 40.

Prior to the issue of a statement of compliance for any plan of subdivision, the developer must make payment to Council for the provision of community infrastructure, unless, prior to the certification of the relevant plan of subdivision, the Owner enters into an agreement with the Responsible Authority made pursuant to Section 173 of the Planning and Environment Act 1987 (the Act) and makes application to the Registrar of Titles to have the agreement registered on the title to the land under Section 181 of the Act, which provides for the payment of a Community Infrastructure Levy to Council by a future land owner in accordance with the provisions of the Development Contributions Plan applying to the land and Section 46O of the Act. The owner/applicant must pay the Responsible Authority’s costs of the preparation, execution, and registration of the Section 173 agreement.

41.

A Development Infrastructure Levy in accordance with the Clyde Development Contributions Plan must be paid to the Collecting Agency for the land after the certification of the relevant plan of subdivision but not more than 21 days prior to the issue of a Statement of Compliance with respect to that plan.

Date issued: 31 January 2022 Page 18 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

42.

Where the subdivision is to be developed in stages, the Development Infrastructure Levy for the stage to be developed may only be paid to the Collecting Agency within 21 days prior to the issue of a Statement of Compliance for the plan of subdivision for that stage provided that a Schedule of Development Contributions is submitted with each stage of the plan of subdivision. This Schedule must show the amount of the development contributions payable for each stage and the value of the contributions for prior stages to the satisfaction of the Collecting Agency.

43.

If the Collecting Agency agrees to works or provision of land in lieu of the payment of the Development Infrastructure Levy, the Owner must enter into an agreement under Section 173 of the Planning and Environment Act 1987 in respect of the proposed works or provision of land in lieu to specify implementation requirements.

44.

Prior to the issue of a statement of compliance for any plan of subdivision, a public open space contribution must be provided in accordance with the Schedule to Clause 53.01 of the Casey Planning Scheme in a manner consistent with the Clyde Creek Precinct Structure Plan and the terms of any Section 173 Agreement required/prepared under this permit.

45.

Prior to the issue of a statement of compliance for any plan of subdivision, further to the public open space contribution required by Clause 53.01 of the Casey Planning Scheme, a public open space contribution must be made as follows: (a)

Where public open space shown on the lot in Plan 5 and specified in Table 1 of the Clyde Creek Precinct Structure Plan is equal to 3.99% of the lot's net developable area (NDA) that land must be transferred to Council at no cost to Council.

(b)

Where a public open space shown on the lot in Plan 5 and specified in Table 1 of this structure plan is equal to 3.99% or less than 3.99% of the lot's NDA:

(c)

46.

(i)

the relevant land must be transferred to Council at no cost to Council; and

(ii)

a cash contribution is to be made to Council to bring the total public open space contribution to a value equal to 3.99% of NDA.

Where public open space shown on the land in Plan 5 and specified in Table 1 of the Clyde Creek Precinct Structure Plan is greater than 3.99% of the lot's NDA, the relevant land must be transferred to Council at no cost to Council. In this case Council will compensate the landowner, at a time to be agreed, for the amount of land provided in excess of 3.99% but no greater than difference between 3.99% and the amount of land shown as local park on Plan 5.

Prior to the issue of a statement of compliance for any plan of subdivision under the Subdivision Act 1988, the developer must pay Council an amount equivalent to 2.5% of the estimated cost of the works which are subject to supervision in accordance with Section 17(2)(b) of the Subdivision Act 1988.

Date issued: 31 January 2022 Page 19 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

47.

Prior to the issue of a statement of compliance for any plan of subdivision which proposes to vest land in Council, the Owner must provide Council with written evidence from the State Revenue Office or Victorian Planning Authority which demonstrates that there will be no Growth Areas Infrastructure Contribution liability in respect of any land to be vested in Council on that plan, or, alternatively, evidence of payment of that Contribution to the satisfaction of the Responsible Authority must be provided prior to the issue of a Statement of Compliance for the relevant stage in which the land will be embellished/serviced in accordance with the endorsed public infrastructure plan.

48.

Before the issue of a Statement of Compliance for a plan of subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation that:

49.

(a)

A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the requirements and relevant legislation at the time; and

(b)

A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the developer must construct in accordance with the approved detailed construction plan/s and to the satisfaction of the Responsible Authority: (a)

Roads, including traffic management devices, kerb and channel, footpaths, shared foot/cycle paths and vehicular crossings to each lot;

(b)

Drainage and any water sensitive urban design features;

(c)

Fibre optic conduits;

(d)

Permanent survey marks, levelled to the Australian Height Datum and coordinated to the Australian Map Grid;

(e)

Crossings, pram crossings and TGSI must be provided in accordance with the DDA requirements.

(f)

Line markings, pavement markings and signage must be provided in accordance with Australian Standards.

(g)

Temporary turnaround areas;

(h)

Any tree protection fencing; and

(i)

Lighting of roads and pedestrian/cycle paths designed and provided in accordance with Australian Standard 1158.1.

Date issued: 31 January 2022 Page 20 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

50.

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Before the issue of a Statement of Compliance for any plan of subdivision, the developer must provide to the Responsible Authority: (a)

Copies of the “as constructed” engineering roads and drainage drawings in the format of one A1 tracing per drawing.

(b)

Survey enhanced “as constructed” digital data for all assets that will become the responsibility of Council, in accordance with the relevant current A-Spec specification. These specifications and supporting information are available from www.dspec.com.au. Council’s preferred format for the submission of the data is “MapInfo Native Format”. A secondary format is “MapInfo MID/MIF”. Grid Coordinates must be MGA Zone 55 (GDA 94).

(c)

Sketches of the details of the permanent survey marks.

51.

Prior to the issue of a Statement of Compliance for the relevant plan of subdivision, fees must be paid to the Responsible Authority to cover the costs of 10 years of maintenance of the traffic signals associated with any signalised intersection with Bells Road or Hardys Road if these signals are to be delivered as part of the permitted subdivision. The applicable fee is to be in line with “VicRoads Standard Requirements — Developer Funded Projects” to the satisfaction of the Responsible Authority.

52.

Prior to the issue of a statement of compliance for a plan of subdivision, compaction test results and a report must be provided to the satisfaction of the Responsible Authority.

53.

Prior to the issue of a statement of compliance for a plan of subdivision, each lot must be drained to the satisfaction of the Responsible Authority.

54.

Prior to the issue of a statement of compliance for a plan of subdivision, a maintenance management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must address all Water Sensitive Urban Design infrastructure including, but not limited to, wetlands, sediment basins, retarding basins, swales, bio-retention basins and gross pollutant traps and specifically include:

55.

(a)

a schedule of assets, including both temporary and permanent assets;

(b)

a maintenance regime for the maintenance period, which is the life of the development or two (2) years, whichever is greater;

(c)

a record of the maintenance works undertaken during the maintenance period must be submitted to Council prior to handover; and

(d)

the ongoing Council maintenance responsibilities once a certificate of final completion is issued.

Prior to the issue of the statement of compliance for the first plan of subdivision, the construction of the Bells Road / Croft Drive (Road A, 25m road reserve created in PA20-0867) intersection and all DCP roadworks (in accordance with Permit PlnA00571/19) must have reached practical completion to the satisfaction of the Responsible Authority and Department of Transport (previously VicRoads).

Date issued: 31 January 2022 Page 21 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

56.

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Prior to the issue of a statement of compliance for a plan of subdivision, or such later date as approved in writing by the Responsible Authority, all public open space areas, including, parklands, water retention areas, buffer zones, service corridors, community use areas and all streetscapes including road and tree reserves the land must be re-graded, top dressed, landscaped and otherwise embellished to the satisfaction of the Responsible Authority including, but not limited to, the following works as directed by the Responsible Authority: (a)

Removal of all vegetation as directed by the Responsible Authority.

(b)

Removal of all existing disused structures, foundations, pipelines or stockpiles.

(c)

Cleared of rubbish and environmental weeds, levelled, topsoiled and grassed with warm climate grass (unless a conservation reserve).

(d)

Provision of water tapping.

(e)

Provision of planting and park furniture as identified on the approved landscape construction plans.

(f)

Vehicle exclusion devices (fence or other suitable method) with controlled access points.

(g)

Shared paths and/or footpaths as shown in the plans both endorsed and approved under this permit and the approved Precinct Structure Plan applying to the land.

57.

Unless with the prior written consent of the Responsible Authority, prior to the issue of a statement of compliance for a plan of subdivision creating a dwelling lot adjoining any tree reserve, the fencing located on the common boundary of a dwelling lot with the tree reserve shown on the approved detailed landscape plan and plant schedule must be installed to the satisfaction of the Responsible Authority.

58.

Prior to the issue of a statement of compliance for a plan of subdivision, the developer must provide to the Responsible Authority A-Spec digital documentation for all public open space areas and all streetscapes.

59.

Unless with the prior written consent of the Responsible Authority, prior to the issue of the statement of compliance for the first plan of subdivision, the following Clyde Development Contributions Plan (the DCP) projects must have reached practical completion to the interim urban standard shown in the DCP to the satisfaction of the Responsible Authority and Department of Transport (previously VicRoads):

60.

(a)

Bells Road (DCP Project ID RD-54-04) located between the Bells Road / Road A (20m road reserve) intersection and the Bells Road / Heather Grove intersection (DCP Project ID IN-54-03); and

(b)

the Bells Road / Heather Grove intersection (DCP Project ID IN-54-03).

Unless otherwise agreed by Public Transport Victoria, prior to the issue of a Statement of Compliance for any subdivision stage, bus stops must be constructed, at full cost to the permit holder, as follows:

Date issued: 31 January 2022 Page 22 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(a)

Generally in the location identified by Public Transport Victoria;

(b)

In accordance with the Public Transport Guidelines for Land Use and Development with a concrete hard stand area, and in activity centres a shelter must also be constructed;

(c)

Be compliant with the Disability Discrimination Act – Disability Standards for Accessible Public Transport 2002; and

(d)

Be provided with direct and safe pedestrian access to a pedestrian path.

All to the satisfaction of Public Transport Victoria and the Responsible Authority. 61.

Prior to the issue of a Statement of Compliance for a plan of subdivision, all existing above ground electricity cables of less than 66kV voltage must be placed underground as part of the upgrade of existing roads at the cost of the developer and to the satisfaction of the Responsible Authority and relevant authority.

62.

Prior to the issue of a Statement of Compliance for a plan of subdivision, all new electricity supply infrastructure (excluding substations and cables of a voltage 66kV or greater) must be provided underground.

Conditions and requirements of the Clyde Creek Precinct Structure Plan 63.

Land required for public open space as a local or district park, as set out in the Clyde Creek Precinct Structure Plan or the Clyde Development Contributions Plan, must be transferred to or vested in Council at no cost to Council unless the land is funded by the Clyde Development Contributions Plan.

64.

Land required for road widening including right of way flaring for the ultimate design of any intersection within an existing or proposed local road must be transferred to or vested as ‘road’ in the Roads Corporation (in the case of land for arterial roads under the Road Management Act 2004) or in Casey City Council (in the case of other roads) at no cost to the acquiring agency unless funded by the Clyde Development Contributions Plan or unless that land is included within a Public Acquisition Overlay in the planning scheme. For the purpose of this clause road widening includes the widening of the road reserve required to provide right of way flaring for the ultimate design of any intersection with an existing or proposed arterial road to the satisfaction of the Roads Corporation.

65.

Subject to South East Water agreeing to do so, the developer must enter into an agreement with South East Water requiring the subdivision to be reticulated with a dual pipe recycled water system to provide for the supply of recycled water from a suitable source or scheme to all lots and open space reserves within the subdivision.

Landscape 66.

The landscaping constructed in accordance with the approved detailed landscape plans and plant schedule must be maintained to the satisfaction of the Responsible Authority, for a period of 24 months, or other period as approved in writing by the Responsible Authority, following the granting of practical completion of the approved detailed landscape plan and plant schedule works.

Date issued: 31 January 2022 Page 23 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

67.

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Where a tree reserve is required to be created, the tree reserve must be shown as vesting in Casey City Council by a registered plan of subdivision at no cost to Council.

Reticulated services 68.

Reticulated water supply, drainage, sewerage facilities and underground electricity, gas and telecommunication services including fibre optic cable conduits must be provided to each lot shown on the amended subdivision layout plan endorsed to form part of the permit.

69.

Where a conduit crosses private land, an easement may be required in favour of the relevant authority.

Roads and traffic 70.

The developer must provide the allocated street number on the kerb in front of each lot. The kerbside numbers must be 100mm white lettering on a black background located on the front of the kerb at the property frontage to the satisfaction of the Responsible Authority.

71.

The temporary road connection must be maintained in accordance with the approved traffic management plan endorsed to form part of the permit at no cost to the Responsible Authority to the satisfaction of the Responsible Authority.

Temporary turning areas 72.

Any temporary turning areas constructed in accordance with the detailed construction plans approved by the Responsible Authority must be maintained to the satisfaction of the Responsible Authority.

73.

If the temporary turning area is to be retained after the relevant statement of compliance is issued, a bond of sufficient value to cover all reinstatement works must be lodged with the Responsible Authority before the statement of compliance is issued.

74.

All works undertaken for a temporary turning area must be removed and all affected road pavement, concrete works, nature strips and other land must be reinstated to the satisfaction of the Responsible Authority when the turning area is no longer required.

75.

A sign of at least 1 square metre in area must be displayed in a prominent position near the temporary turning area whilst the temporary turning areas are in operation advising that they are temporary turning areas only. The sign must be removed after the temporary turning areas are removed.

Utility service substation / kiosk sites 76.

Unless otherwise agreed by the Responsible Authority, utility service substation / kiosk sites must not be located on any land identified as public open space or to be used for any Municipal purpose.

Date issued: 31 January 2022 Page 24 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Referral authority conditions APA Group 77.

Easements in favor of “Australian Gas Networks (VIC) Pty Ltd” must be created on the plan to the satisfaction of APT.

AusNet Electricity Services 78.

The applicant must – (a)

Enter in an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for supply of electricity to each lot on the endorsed plan.

(b)

Enter into an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for the rearrangement of the existing electricity supply system.

(c)

Enter into an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be agreed by AUSNET ELECTRICITY SERVICES PTY LTD.

(d)

Provide easements satisfactory to AUSNET ELECTRICITY SERVICES PTY LTD for the purpose of “Power Line” in the favour of “AUSNET ELECTRICITY SERVICES PTY LTD” pursuant to Section 88 of the Electricity Industry Act 2000, where easements have not been otherwise provided, for all existing AUSNET ELECTRICITY SERVICES PTY LTD electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land.

(e)

Obtain for the use of AUSNET ELECTRICITY SERVICES PTY LTD any other easement required to service the lots.

(f)

Adjust the position of any existing AUSNET ELECTRICITY SERVICES PTY LTD easement to accord with the position of the electricity line(s) as determined by survey.

(g)

Set aside on the plan of subdivision Reserves for the use of AUSNET ELECTRICITY SERVICES PTY LTD for electric substations.

(h)

Provide survey plans for any electric substations required by AUSNET ELECTRICITY SERVICES PTY LTD and for associated power lines and cables and executes leases for a period of 30 years, at a nominal rental with a right to extend the lease for a further 30 years. AUSNET ELECTRICITY SERVICES PTY LTD requires that such leases are to be noted on the title by way of a caveat or a notification under Section 88 (2) of the Transfer of Land Act prior to the registration of the plan of subdivision.

(i)

Provide to AUSNET ELECTRICITY SERVICES PTY LTD a copy of the plan of subdivision submitted for certification that shows any amendments that have been required.

Date issued: 31 January 2022 Page 25 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

(j)

Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by AUSNET ELECTRICITY SERVICES PTY LTD. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998.

(k)

Ensure that all necessary auditing is completed to the satisfaction of AUSNET ELECTRICITY SERVICES PTY LTD to allow the new network assets to be safely connected to the distribution network.

Country Fire Authority Hydrants 79.

Prior to the issue of a Statement of Compliance under the Subdivision Act 1988 the following requirements must be met to the satisfaction of the CFA: (a)

Above or below ground operable hydrants must be provided. The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of the lots) must be 120 metres and the hydrants must be no more than 200 metres apart. These distances must be measured around lot boundaries.

(b)

The hydrants must be identified with marker posts and road reflectors as applicable to the satisfaction of the Country Fire Authority.

Note – CFA’s requirements for identification of hydrants are specified in ‘Identification of Street Hydrants for Firefighting Purposes’ available under publications on the CFA web site (www.cfa.vic.gov.au) Roads 80.

Roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width.

81.

The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50 meters. Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit angle.

82.

Curves must have a minimum inner radius of 10 metres.

83.

Have a minimum trafficable width of 3.5 metres and be clear of encroachments for at least 0.5 metres on each side and 4 metres above the access way.

84.

Roads more than 60m in length from the nearest intersection must have a turning circle with a minimum radius of 8m (including roll-over kerbs if they are provided) T or Y heads of dimensions specified by the CFA may be used as alternatives.

Date issued: 31 January 2022 Page 26 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Department of Transport (previously Transport for Victoria) 85.

The signalised intersection at Bells Road and Heather Grove must be designed to accommodate public transport access in accordance with the Public Transport Guidelines for Land Use and Development and include bus priority measures so as to mitigate any delays to bus travel times to the satisfaction of the Department of Transport.

86.

Any roundabouts constructed on roads designated a future public transport route within the subdivision, must be designed to accommodate ultra-low floor buses, to the satisfaction of the Department of Transport.

87.

Intersections, slow points, splitter islands and any other local area traffic management treatments must be designed and constructed in accordance with the Public Transport Guidelines for Land Use and Development. The use of speed humps, raised platforms, oneway road narrowing and 'weave points' must not be constructed on any portion of a road identified as a potential bus route.

88.

Cross Sections for roads identified as potential bus routes must be in accordance with the approved cross sections within the Clyde Creek Precinct Structure Plan. Any alteration to the approved cross sections in the Clyde Creek Precinct Structure Plan must be referred to Department of Transport for approval.

Department of Transport (previously VicRoads)

89.

Unless otherwise agreed in writing by the Head, Transport for Victoria, prior the issue of a Statement of Compliance for the relevant stage of the subdivision, all roadworks as per the approved Functional Layout Plans for Intersection IN-53-17 within the Clyde DCP and ROAD ‘C’ must be completed to the satisfaction of and at no cost to the Head, Transport for Victoria

90.

Where the proposed roadworks, including footpath and nature strip, lie within private property, a widening of the road reserve will be required, at no cost to the Head, Transport for Victoria or the Responsible Authority. The permit holder must engage a licensed surveyor to prepare a Plan of Subdivision and submit to the Responsible Authority for Certification under the Subdivision Act 1988 to show:

91.

(a).

any land set aside as Road labelled as ‘ROAD’ on the Plan of Subdivision,

(b).

all land to be vested as road or reserve, for which the Responsible Authority is to be responsible, must be vested in the name of the Responsible Authority where appropriate, upon certification of the Plan of Subdivision, without any encumbrances.

Unless otherwise agreed in writing by Head, Transport for Victoria, before the certification of the relevant stage plan of the subdivision, an acoustic report must be submitted and approved by the Head Transport for Victoria. The report must be prepared by a qualified acoustic consultant outlining the necessary control measures to achieve the preferred noise attenuation outcomes to the satisfaction of the Head, Transport for Victoria.

Date issued: 31 January 2022 Page 27 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

92.

Unless otherwise agreed in writing by the Head Transport for Victoria prior to the issue of a Statement of Compliance for the relevant plan of subdivision, the required noise attenuation measures as outlined in the approved acoustic report required to mitigate noise impacts must be provided to the satisfaction of and no cost to the Head, Transport for Victoria and the Responsible Authority.

93.

Work must not commence in, on, under or over the road reserve without having first obtained all necessary approval under the Road Management Act 2004, the Road Safety Act 1986, and any other relevant Acts or Regulations created under those Acts.

Melbourne Water 94.

Prior to the issue of a Statement of Compliance, the Owner shall enter into and comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water’s drainage systems and waterways, the provision of drainage works and other matters in accordance with the statutory powers of Melbourne Water Corporation.

95.

Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water's drains or watercourses. Prior to the issue of a Statement of Compliance for the subdivision, a Site Management Plan detailing pollution and sediment control measures must be submitted to Melbourne Water.

96.

Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

97.

Prior to endorsement of the Estate Subdivision Plan and prior to Certification of any Plan of Subdivision associated with the application, a stormwater management strategy including associated modelling must be submitted by application and accepted by Melbourne Water and City of Casey. The strategy must demonstrate the following:

98.

(a).

The proposed alignment for any 20% AEP drainage infrastructure and any associated overland flow paths directions for the 1% AEP flood event;

(b).

That the lot layout adequately accommodates the overland flows and the current layout and/or number of lots may need to change.

(c).

The details of the outfall/s for the development and calculates the appropriate flow volumes and flood levels for the 1% AEP storm event within the property. The outfalls and overland flow paths must demonstrate alignment with adjoining estates.

By compliance with Melbourne Water’s Development Services Scheme, Stormwater runoff from the subdivision must achieve State Environment Protection Policy (Waters of Victoria) objectives for environmental management of stormwater as set out in the 'Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) 1999'

Date issued: 31 January 2022 Page 28 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

99.

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Prior to the issue of a Statement of Compliance for the subdivision, engineering plans of the subdivision (in electronic format) must be submitted to Melbourne Water for our records. These plans must show road and drainage details and any overland flow paths for the 1% AEP storm event.

100. All new lots are to be filled to a minimum of 300mm above the 1% AEP flood levels associated with any existing or proposed Melbourne Water pipeline. 101. Prior to the issue of a Statement of Compliance for the subdivision, a certified survey plan prepared by or under the supervision of a licensed land surveyor, showing finished lot levels reduced to the Australian Height Datum, must be submitted to Melbourne Water for our records. 102. Alignment of roads and reserves with any adjoining estates must ensure continuity and provide uninterrupted conveyance of overland flows. 103. The subdivision is to make provision for overland flows from the upstream catchment utilising roads and/or reserves. 104. Any road or access way intended to act as a stormwater overland flow path must be designed and constructed to comply with the floodway safety criteria outlined in section 8 of the Guidelines for Development in Flood Affected Areas (DELWP 2019). 105. Easements or reserves shall be created over existing and proposed Melbourne Water assets on the Plan of Subdivision to the satisfaction of Melbourne Water. 106. The developer is to negotiate with any downstream landowners to obtain a free draining outfall through their property. Approval is to be forwarded to Melbourne Water for our records prior to construction commencing. 107. Any temporary outfall is to be arranged to the satisfaction of Melbourne Water, Council and the affected downstream property owner(s). 108. Prior to the issue of a Statement of Compliance, Melbourne Water requires evidence demonstrating that appropriate interim drainage solutions have been implemented to mitigate the risk to downstream landowners. Council acceptance of any temporary drainage infrastructure should be forwarded to Melbourne Water South East Water Potable water 109. The owner of the subject land must enter into an agreement with South East Water for the provision of drinking water supply and fulfil all requirements to its satisfaction. Recycled Water 110. The owner of the subject land must enter into an agreement with South East Water for the provision of recycled water supply and fulfil all requirements to its satisfaction

Date issued: 31 January 2022 Page 29 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Sewer 111. The owner of the subject land must enter into an agreement with South East Water for the provision of sewerage and fulfil all requirements to its satisfaction. General 112. All lots on the Plan of Subdivision are to be provided with separate connections to our drinking water supply, recycled water supply and sewerage systems. 113. Prior to certification, the Plan of Subdivision must be referred to South East Water, in accordance with Section 8 of the Subdivision Act 1988. 114. The certified Plan of Subdivision will need to show sewerage supply easements over all existing and/or proposed South East Water sewer mains located within the land, to be in favour of South East Water Corporation pursuant to Section 12(1) of the Subdivision Act. 115. The certified Plan of Subdivision should show water supply easements over all existing and/or proposed South East Water water mains located within the land, to be in favour of South East Water Corporation pursuant to Section 12(1) of the Subdivision Act. Expiry of permit 116. The permit will expire if: (a)

The subdivision is not started within two (2) years of the date of this permit; or,

(b)

The subdivision is not completed within five (5) years from the date of starting.

Where the subdivision is to be developed in stages, the time specified for the commencement of the first stage is two years from the date of this permit. The time specified for the commencement of any subsequent stage is ten years from the date of this permit and the time specified for the completion of each stage is five years from the date of its commencement. The Responsible Authority may extend the commencement periods referred to if a request is made in writing before the permit expires or within six months after the expiry date. NOTES: AusNet Electricity Services It is recommended that, at an early date the applicant commences negotiations with AUSNET ELECTRICITY SERVICES PTY LTD for a supply of electricity in order that supply arrangements can be worked out in detail, so prescribed information can be issued without delay (the release to the municipality enabling a Statement of Compliance with the conditions to be issued). Arrangements for the supply will be subject to obtaining the agreement of other Authorities and any landowners affected by routes of the electric power lines required to supply the lots and for any tree clearing.

Date issued: 31 January 2022 Page 30 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Prospective purchasers of lots on this plan should contact this office to determine the availability of a supply of electricity. Financial contributions may be required. City of Casey •

The Site EMP Kit is available on City of Casey’s website, www.casey.vic.gov.au

•

In preparation of the Site EMP, the applicant must use the environmental protection measures as set out in EPA’s publication 480 “Environmental Management Guidelines for Major Construction Sites” unless the applicant can demonstrate that alternative techniques can fulfil the specified site requirements.

Department of Environment, Land, Water and Planning Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 The Owner of the land subject to the permit must pay an environment mitigation levy to the Department of Environment, Land, Water and Planning at the relevant levy event pursuant to the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020. Department of Transport (previously VicRoads) The Road Safety Audit must be undertaken by an independent VicRoads prequalified road safety auditor and be conducted in accordance with Austroads – Road Safety Audit (Second Edition 2002) requirements. Any identified issues must be addressed to the satisfaction of and at no cost to the Head, Transport for Victoria. Melbourne Water To find out more information in regards to building in flood prone areas please visit our website for more information. South East Water The owner of the subject land is required to obtain a ‘Notice of Agreement’ from South East Water. All requirements must be fulfilled to its satisfaction prior to South East Water consenting to the issuing of a Statement of Compliance. AGREEMENT OPTIONS The following South East Water agreement options are available: 1)

Application to enter into a Development Agreement-Works – If South East Water reticulated sewer/water/recycled water (as applicable) is required to be extended to service lots within the development

Application For Notice of Agreement Subdivision-Non Works – If South East Water reticulated sewer/water/recycled water (as applicable) is available to the development and the owner only requires Statement of Compliance to release the titles (i.e. subdivision prior to building)

Date issued: 31 January 2022 Page 31 of 33

Signature for the responsible authority …………….……………………………

PLANNING PERMIT

Permit No.

PA21-0705

Planning scheme

Casey Planning Scheme

Responsible authority

City of Casey

Plumbing Industrial, Commercial, Units & Private Water application – If South East Water reticulated sewer/water/recycled water (as applicable) is available to the development and the owner wishes to commence construction of the building/s (i.e. building prior to subdivision)

To lodge an application please visit our website: www.southeastwater.com.au. CAN THE RESPONSIBLE AUTHORITY AMEND THIS PERMIT? The Responsible Authority may amend this permit under Division 1A of Part 4 of the Planning and Environment Act 1987

Applicant's Name & Address:

Date issued: 31 January 2022 Page 32 of 33

Frasers Property Australia (Residential) C/- Beveridge Williams & Co (Melbourne) PO Box 61 MALVERN VIC 3144

Signature for the responsible authority …………….……………………………

IMPORTANT INFORMATION ABOUT THIS PERMIT WHAT HAS BEEN DECIDED? The responsible authority has issued a permit. (NOTE: This Is not a permit granted under Division 5 or 6 of Part 4 of the Planning and Environment Act 1987.) The responsible authority may amend this permit under Division 1A of Part 4 of the Planning and Environment Act 1987.

WHEN DOES A PERMIT BEGIN? A Permit operates: • •

from the date specified in the permit, or if no date is specified, from: (i) the date of the decision of the Victorian Civil and Administrative Tribunal, if the permit was issued at the direction of the Tribunal, or (ii) the date on which it was issued in any other case.

WHEN DOES A PERMIT EXPIRE? 1.

A permit for the development of land expires if:• • •

A permit for the use of land expires if:• •

• •

the development or any stage of it does not start within the time specified in the permit; or the development or any stage of it is not completed within the time specified in the permit, or if no time is specified, within two years after the issue of the permit; or the use does not start within the time specified in the permit, or if no time is specified, within two years after the completion of the development; or the use is discontinued for a period of two years.

If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in Section 6A(2) of the Planning and Environment Act 1987, or to any combination of use, development or any of those circumstances requires the certification of a plan under the Subdivision Act 1988, unless the permit contains a different provision:• •

the use does not start within the time specified in the permit, or if no time is specified, within two years after the issue of the permit; or the use is discontinued for a period of two years.

A permit for the development and use of land expires if:• •

the development or at any stage of it does not start within the time specified in the permit; or the development requires the certification of a plan of subdivision or consolidation under the Subdivisions Act 1988 and the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit or in the case of a subdivision or consolidation within 5 years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988.

the use or development of any stage is to be taken to have started when the plan is certified; and the permit expires if the plan is not certified within two years of the issue of the permit.

The expiry of a permit does not affect the validity of anything done under that permit before the expiry.

WHAT ABOUT REVIEWS? • • • • • • •

The person who applied for the permit may apply for a review of any condition in the permit unless it was granted at the direction of the Victorian Civil and Administrative Tribunal, in which case no right of review exists. An application for review must be lodged within 60 days after the permit was issued, unless a Notice of Decision to Grant a Permit has been issued previously, in which case the application for review must be lodged within 60 days after the giving of that notice. An application for review is lodged with the Victorian Civil and Administrative Tribunal. An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee. An application for review must state the grounds upon which it is based. A copy of an application for review must also be served on the responsible authority. Details about applications for review and fees payable can be obtained from the Victorian Civil and Administrative Tribunal.

Date issued: 31 January 2022 Page 33 of 33

Signature for the responsible authority …………….……………………………

Site (Approx.)

13.792 ha

- ST4 - 16-

DRIVE (to

be constru

12.5

cted as per

593m²

400m²

13.2

704m²

32 2203

25.9

12.5

512m²

14 12.5

2204

25 32

448m²

14 14 448m²

2205

32 2206

28 28 25

400m²

2202

12.5

5.5 6 4.2

168m² 28 2303 126m² 28 2304 126m² 28 2305 168m² 28 2306 28 292m² 2307

126m² 126m²

261m²

2314

16.4

13.4

14.3 16

14.3

2334

- 17.5-7.3

10.7 14.4

12.85

15.69

510m²

Tree Re ser 0.08ha ve

32 32

m²

2404 126m

2406 126m

2403 126

m²

2402 126m ²

2423

15.8

16-7.3 .7 22

Superlot

93.3

Tree Re se 0.09ha rve

12.5 12.5

14.03 14.5

13 18

32 16

16 16

STAGE

5.6

14 14

13 25

28 m²

16.1

81.3

m²

2435 168

448m²

PRECINC

2410

521m²

2422

F - ST4 -

4.2

65.5

2434 206

STREET

2421

14 ²

400m²

12.5

Temporary retarding basin

12.5

2542

400m²

12.5

15.6

25.5-11.2

2543

448m²

12.5

2544

512m²

2.5 10 .1

2545

400m²

12.5

Bells Road intersection flaring 38m²

395m²

12.5

60m no

14.1 19.5

2546

2.6

2547

625m²

lot access

24.6

Bells Road intersection flaring 148m²

2548

423m²

27.5

448m²

2401 251 m²

20 15.8

14 12.5

2437 168 m²

m²

2439 168

2438 168 m²

2541

2420

29.5

12.5

16.4

512m²

14 448m²

16-7.3

448m²

2419

2411

448m²

512m²

E - ST4 -

2336

32.01 6 11.69

8124m² (subject to future application estimated yield 33 lots)

400m²

16 2418 252m²

48.2

E - ST7 -

12.5

2540

256m²

12.5

2539

2335

483m²

448m²

406m²

2412

7 4.2

32 32

2538

400m²

16 2417

24.9

- 14.5-7.3

R GROV

12.5

448m²

2537

448m²

12.5

HEATHE

2536

18.6

2535

546m²

STAGE 25

2433

G - ST9

2431

2432

448m²

STREET

8.7

400m²

2413

448m²

4.2

2430

400m²

2441

2440 206 m²

32 554m²

17.3

19.3 17.3

2442

4.2

571m²

28 8

448m²

14 14

448m²

31.7

392m²

2429

2510

2533

448m²

2436 168m

2511

2428

350m²

28 14

448m²

16 2416 256m²

- 16-7.3

14 28 2509

12.5

2512

2427

448m²

392m²

28 2508

12.5

STREET

2513

2507

448m²

2426

28.01

12.8

14.3 12.5

32 454m²

4.2

400m²

448m²

2315 378m²

12.8

2333

2316 397m²

2317 397m²

2332

406m²

14.4

2331

406m²

12.8 12.5

12.5

28 2318 354m²

14.4

STAGE

14 14

397m²

2319

STREET E - ST12

14.4 454m²

2330

2414

392m²

28 28 2506 392m²

12.5

2514

2532

506m²

392m²

G - ST4

32 400m²

2425 399m² 8

28 2504

28 2505

- 16-7.3

2515

442m²

12.5

2516

448m²

14 400m²

12.5

400m²

2503

4.2 13 2415 252m²

2424 392m²

448m²

12.5

- 25.5-11.2

2517

32 448m²

448m²

2529

392m²

16 15.8

2518

512m²

448m²

2528

444m²

448m²

22.1

32 19.2 10.5 6.4 14

COMPANIONSHIP DRIVE (to be constructed as per of PA20-0867)

397m²

STREET

4.2

Y - ST7

448m²

2501

2519

512m²

15.8

2502

G - ST4

STREET

252m²

2527

0867)

4 13

4.2

32 448m²

512m²

2525

2526

of PA20-

13 2520

OSE WA

2329 32

454m²

14.3

per of PA ucted as be constr OSE WA Y -(to WILD GO 13.1

16 2521 256m² 16

4 4.2

2524

constructe d as per

5.7

31.5

16 2522 256m² 16

12.5

518m²

2328

0.3

397m²

2321

2320

12.33

4.2

252m² 16

29.7 443m²

12.7

397m²

2322

19.2

424m² 28

4.2

4.2 13 2523

12.5

WILD GO

2327

509m²

10.6

400m²

12.5

2323

METTLE STREET (to be

12.2

2326

400m²

13.5

25.5

9.2

12.5

2325

2.6

- 16-7.3

23.5

9.8

12.5

2324

10.2

E - ST4

4.6

20-0867 )

11.3 4.2

448m²

168m²

2311 2312

6 4.5 4.5 6

STREET

Non-gove rnmen (PA20-07 t School 77)

2313

168m²

23 2308 232 m² 28

2309

2310

5.5 6

23.5

4.2

Pedestrian priority crossings (subject to detail design)

13.4

- ST1 - 8

6 4.5 4.5 6 3.9 4.6

Indicative driveway (subject to detail design)

Tree Reserve 0.07ha

2.86.5

2.3

65.3

6 4.5 4.5 6

LANE B

Non-government school (PA20-0777) and childcare (PA20-0867) application area

7.4

2.8

6.5 6

28.7

6 4.5 4.5

2 way off-road bike lane & pedestrian path (3m wide)

23 231m² 2301 168m² 28 2302

(potential overland flow path subject to detail design)

2531

Tree reserve

2530

24.3 60m no lot access

Childca (PA20-08re 67)

2534

Tree Reserve 0.13ha

2201

12.5

of PA20-

0867)

12.6

2222

12.5

12.5 12.5

448m²

2207

448m²

12.8

2221

Arterial Road

28 28 32 32

400m²

2220

Road Reserve

CROFT

32 12.5

2208

Substation Kiosk Local (subject Park planning apto future plication)

32.3

8.3

15.6

2209

400m²

1-8 23.2

6 6

6 10.8

26.3

- ST

LAN EA

6 6

12.5

10.5

12.5 32.3

400m²

2219

28.1

16.8

448m²

12.5 12.5 12.5 12.5

448m²

2210

400m²

22 14

2218

0.3

13.5

400m²

2211

400m²

12.5

2217

4.5

LAN

11.5

6.7

-11.2 25.5 ST7 GOO WILD

12.5 10.5

12.5 7.8

469m²

14 14

2216

361m²

19.2

.2 13

22.3

448m²

12.5 12.5

12.5

2215

2224

16.9

400m²

452m²

16.8 12.5

2214

400m²

20.1

ROAD

2102

2213

469m²

STAGE

12.5

2225

10.5

17.6

2103 336m² 32

388m²

2226

10.5

BELLS

400m²

2101

Superlot

2212

32 2104

12.5

- 16-7.3

262m²

2227

12.5

2121 267m² 21.3 2223 224m² 21.3

10.9

12.8

Lots

425m²

B - ST4

262m²

2228

12.5

10.5

18.1

PSP boundary

12.5

313m²

2229

21.1

10.5

.5-7.3 12 - 17

Precinct boundary

29.3 2105

2230

12.5

13.5

4.5

313m²

21.3

446m²

B - ST

2231

15.4

STREET

12.5 12.5

12.5

350m²

19.5 4 .9 2120 5.6 286m²

K1 2119

350m²

26.6

Title boundary

350m²

12.5

10.5

2118

350m²

12.9

10.5

2.6

10.5 14

12.5

2117

350m²

24.4

- 16-7.3

12.5

2232

2116

294m²

B - ST4

12.5

2122

10.5

326m² 23.3

3.9

LEGEND

2106

2115

392m²

14 390m²

12.5

521m²

2123

STREET

10.5

2114

388m²

12.5

SE W AY -

100

2124

ET STRE

9.9

202

10.5

12.7

392m²

9.2

Total

10.5

2125

3 10.1

2113

2126

26.9

392m²

>500m²

12.5

STAGE

23.3 4.5 2112 318m² 28 2111 28 168m² 2110 168m² 2109 28 168m² 2108 28 168m² 2107 28 168m²

2127

9.9 29.8

60.4

14.6

2.6

122

2128

633m²

14 14

350m²

30.3

6.9

2.6

300-500m²

4.5

<300m² TYPE B

2129

294m²

13.2

2145

448m²

14 12.5

10.5

294m²

12.5

2144

448m²

10.5

350m²

2143

448m²

14 12.5

409m²

26.3

22.8

16.62 12.8

7.4

<300m² TYPE A

30.3

4.5

- ST 1-8

4.5

4.5 4.5 6

4.5

2142

448m²

ve Reser Tree 08ha 0.

Number

2141

35.1

2134 108m² 2133 81m² 2132 81m² 2131 108m² 18 2130 159m² 13.2 3

2140

461m²

7.3

3 10.3

2138 108m² 2137 81m² 2136 81m² 2135 108m²

2.6

5.1

STREET A 13.2 4.5 2139 161m² 18

WILD GO OS

23.7

4.3

4.2

* Indicates inclusion in NDA

Lot Mix

14.4

.1 18

14.35 12.5

202 lots @ 14.7 lots per ha 359m² average lot size

m²

Lot Yield (Overall)

2405 126

60 lots 186m² average lot size

E WAY-

Lot Yield (Medium Density)

Superlot 7129m² (subject to future application)

142 lots 432m² average lot size

13.773 ha

Lot Yield (Standard Density)

8.5

Net Developable Area

68.1

0.019 ha

4.447 ha

Arterial Road

ROAD

27.2

* Non-Arterial Roads

HARDYS

2407 126m

0.545 ha

2409 245

0.010 ha

* Tree Reserve (potential overland flow path subject to detail design)

1.525 ha

* Substation koisk

* Superlot

74.8

1.116 ha

ST14- 226.4

6.129 ha

* Medium Density Lots (<300m2)

ROAD F (future road reserve to future plann subje ing applicatio ct n)

* Standard Density Lots (>300m2)

Tree Reser 0.09ha ve

22 34.3

Notes · This plan is subject to Council Approval · All dimensions and areas are subject to survey and final computations · All roads are 16m local access level 1 unless noted otherwise · Road pavement is indicative only and subject to engineering design · All public open space areas are conceptual only and subject to change during the detailed design process · Arc dimensions shown are the length of arc (not chord) · The 17.5m wide loop roads and 16m wide driveways adjoining Bells Road incorporate widened verges that enable the planting of two (2) rows of canopy trees located within the verges of these road reserves that adjoin Bells Road. · All shared paths are to be provided with dedicated priority crossings at all Local Streets. · All utility service substation / kiosk sites must not be located on any land identified as public open space or to be used for any Municipal purpose, unless otherwise agreed by the Responsible Authority. · Any shared or two-way off-road bicycle path that intersects or crosses an internal road must be provided with pedestrian / bicycle priority.

PSP BO

Stage Sequencing Table Number of Lots

Cumulative Number of Lots

Stage 21

3.554 ha

Stage 22

1.744 ha

Stage 23

113

1.713 ha

Stage 24

154

3.131 ha

Stage 25

202

Total

202

Stage Number

Indicative Subdivision & Staging Plan - Council - Littlecroft Precinct

Stage Area

3.650 ha 13.792 ha

Beveridge Williams development & environment consultants

270 & 272 Hardys Road, Clyde North Frasers Property Australia

UNDARY

Melbourne ph : 03 9524 8888 www.beveridgewilliams.com.au

120

150

29.07.2021

Layout amended to match the non government school application

DRAFT

Date: 02.03.2022

26.10.2021

Layout amended to response to Council RFI

DRAFT

Version No:

25.11.2021

Lot mix adjusted in stage 25 roundabout

18.02.2022

Updated lot mix in stage 21 & 23. Amended to address ccondition 1 iteams

02.03.2022

Updated lot mix in stage 24

Version Date Description

Drafted Approved

10 Job No: 1702037

180m

Scale (A1): 1:1500 (A3): 1:3000

K:\JOBS DATA\1702037 - 270-272 HARDYS ROAD, CLYDE NORTH\_LAN\00\CAD\1702037_BASE01.DWG

PLANNING CERTIFICATE Official certificate issued under Section 199 Planning & Environment Act 1987 and the Planning and Environment Regulations 2005 CERTIFICATE REFERENCE NUMBER 748553

VENDOR NOVOTNY, GLENDA MARGARET

APPLICANT'S NAME & ADDRESS PURCHASER N/A, N/A DUFFY & SIMON C/- INFOTRACK C/- LANDATA MELBOURNE

REFERENCE 940

This certificate is issued for: LOT 3 PLAN PS830159 ALSO KNOWN AS 1650S POUND ROAD CLYDE NORTH CASEY CITY The land is covered by the: CASEY PLANNING SCHEME The Minister for Planning is the responsible authority issuing the Certificate. The land: - is included in a and a and a - is within a and a

URBAN GROWTH ZONE - SCHEDULE 6 URBAN GROWTH ZONE - SCHEDULE 12 URBAN GROWTH ZONE - SCHEDULE 7 INFRASTRUCTURE CONTRIBUTIONS OVERLAY - SCHEDULE 1 DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY - SCHEDULE 15

A Proposed Amending Planning Scheme C221 has been placed on public exhibition which shows this property : - is included in a - and

URBAN GROWTH ZONE - SCHEDULE 12 - C221 MAY BE SUBJECT TO A GROWTH AREAS INFRASTRUCTURE CONTRIBUTION - FOR MORE INFORMATION GO TO THE WEBSITE (https://www.planning.vic.gov.au/legislation-regulations-and-fees/planninglegislation/growth-areas-infrastructure-contribution)

A detailed definition of the applicable Planning Scheme is available at : (http://planningschemes.dpcd.vic.gov.au/schemes/casey) Historic buildings and land protected under the Heritage Act 1995 are recorded in the Victorian Heritage Register at: (http://vhd.heritage.vic.gov.au/)

25 May 2021 Hon. Richard Wynne MP Minister for Planning

Additional site-specific controls may apply. The Planning Scheme Ordinance should be checked carefully. The above information includes all amendments to planning scheme maps placed on public exhibition up to the date of issue of this certificate and which are still the subject of active consideration

Copies of Planning Schemes and Amendments can be inspected at the relevant municipal offices. LANDATA® 2 Lonsdale Street Melbourne VIC 3000 Tel: (03) 9194 0606

The attached certificate is issued by the Minister for Planning of the State of Victoria and is protected by statute. The document has been issued based on the property information you provided. You should check the map below - it highlights the property identified from your information. If this property is different to the one expected, you can phone (03) 9194 0606 or email landata.enquiries@delwp.vic.gov.au.

Please note: The map is for reference purposes only and does not form part of the certificate.

Choose the authoritative Planning Certificate Why rely on anything less? As part of your section 32 statement, the authoritative Planning Certificate provides you and / or your customer with the statutory protection of the State of Victoria. Order online before 4pm to receive your authoritative Planning Certificate the same day, in most cases within the hour. Next business day delivery, if further information is required from you. Privacy Statement The information obtained from the applicant and used to produce this certificate was collected solely for the purpose of producing this certificate. The personal information on the certificate has been provided by the applicant and has not been verified by LANDATA®. The property information on the certificate has been verified by LANDATA ®. The zoning information on the certificate is protected by statute. The information on the certificate will be retained by LANDATA ® for auditing purposes and will not be released to any third party except as required by law.

INFORMATION STATEMENT STATEMENT UNDER SECTION 158, WATER ACT 1989

Duffy & Simon C/- InfoTrack E-mail: certificates@landata.vic.gov.au

REFERENCE NO. 53O//14329/00111

Statement for property:

LOT 3 POUND ROAD CLYDE NORTH 3978 3 PS 830159

YOUR REFERENCE

DATE OF ISSUE

CASE NUMBER

LANDATA CER 49165283046-4

26 MAY 2021

38954741

1. Statement of Fees Imposed The property is classified as a serviced property with respect to charges which as listed below in the Statement of Fees. (a) By Other Authorities (b) By South East Water TOTAL UNPAID BALANCE 

$0.00

Financial Updates (free service) are only available online please go to (type / copy the complete address shown below): https://secureapp.southeastwater.com.au/PropertyConnect/#/order/info/update

* Please Note: if usage charges appear above, the amount shown includes one or more of the following: Water Usage, Recycled Water Usage, Sewage Disposal, Fire Service Usage and Trade Waste Volumetric Fees. Interest may accrue on the South East Water charges listed in this statement if they are not paid by the due date as set out in the bill. 

The total annual service fees and volumetric fees for water usage and sewerage disposal for each class of property are set out at www.southeastwater.com.au.



Updates of rates and other charges will only be provided for up to six months from the date of this statement.



If this property has recently been subdivided from a “parent” title, there may be service or other charges owing on the “parent” which will be charged to this property, once sold, that do not appear on this statement. You must contact us to see if there are any such charges as they may be charged to this property on sale and should therefore be adjusted with the owner of the parent title beforehand.



If the property is sold, the vendor is liable to pay all fees incurred in relation to the property until the vendor gives South East Water a Notice of Disposition of Land required by the Water (Disposition of Land) Regulations 2010. Please include the Reference Number set out above in that Notice.



Fees relating to the property may change from year-to-year in accordance with the Essential Service Commission's Price Determination for South East Water. AUTHORISED OFFICER:

South East Water Information Statement Applications PO Box 2268, Seaford, VIC 3198 MIKALA HEHIR GENERAL MANAGER CUSTOMER & COMMUNITY ENGAGEMENT

INFORMATION STATEMENT STATEMENT UNDER SECTION 158, WATER ACT 1989



Every fee referred to above is a charge against the property and will be recovered from a purchaser of the property if it is not paid by the vendor.



Information about when and how outstanding fees may be paid, collected and recovered is set out in the Essential Services Commission's Customer Service Code, Urban Water Businesses.



If this Statement only sets out rates and fees levied by Parks Victoria and Melbourne Water, the property may not be connected to South East Water's works. To find out whether the property is, or could be connected upon payment of the relevant charges, or whether it is separately metered, telephone 131 694.



For a new connection to our water or sewer services, fees / charges will be levied. 2. Encumbrance Summary

Where available, the location of sewers is shown on the attached plan. Please ensure where manholes appear, that they remain accessible at all times "DO NOT COVER". Where driveways/paving is proposed to be constructed over easements for water supply/sewerage purposes, or within 1 metre of a South East Water asset, the owner will be responsible for all costs associated with any demolition and or re-instatement works, necessary to allow maintenance and or repair of the asset effected. Where changes to the surface levels requires maintenance shafts/holes to be altered, all works must be carried out by South East Water approved contractors only. For information call 131694. For all other works, prior consent is required from south East Water for any construction over easements for water supply/sewerage purposes, or within 1 metre of a South East Water asset. Information available at Melbourne Water indicates that this property is not subject to flooding from Melbourne Water's drainage system, based on a flood level that has a probability of occurrence of 1% in any one year. ENCUMBRANCE ENQUIRY EMAIL infostatements@sew.com.au If no plan is attached to this Statement, South East Water is not aware of any works belonging to South East Water being present on the property. If a plan is attached to this Statement, it indicates the nature of works belonging to South East Water, their approximate location, and the approximate location of any easement relating to those works. Important Warnings The map base for any attached plan is not created by South East Water which cannot and does not guarantee the accuracy, adequacy or completeness of any information in the plan, especially the exact location of any of South East Water’s works, which may have changes since the attached plan was prepared. Their location should therefore be proven by hand before any works are commenced on the land. Unless South East Water’s prior written approval is obtained, it is an offence to cause any structure to be built or any filling to be placed on a South East Water easement or within 1 metre laterally of any of its works or to permit any structure to be built above or below any such area. Any work that requires any South East Water manhole or maintenance shaft to be altered may only be done by a contractor approved by South East Water at the property owner’s cost. If the owner builds or places filling in contravention of that requirement, the owner will be required to pay the cost of any demolition or re-instatement of work that South East Water considers necessary, in order to maintain, repair or replace its asset. This Statement does not include any information about current or outstanding consent issued for plumbing works on at the property. AUTHORISED OFFICER:

South East Water Information Statement Applications PO Box 2268, Seaford, VIC 3198 MIKALA HEHIR GENERAL MANAGER CUSTOMER & COMMUNITY ENGAGEMENT

INFORMATION STATEMENT STATEMENT UNDER SECTION 158, WATER ACT 1989

3. Disclaimer This Statement does not contain all the information about the property that a prospective purchaser may wish to know. Accordingly, appropriate enquiries should be made of other sources and information. South East Water has prepared the information in this Statement with due care and diligence. It cannot and does not accept liability for any loss or damage arising from reliance on the information given, beyond the extent set out in section 155 of the Water Act 1989 and sections 18 and 29 of the Australian Consumer Law.

AUTHORISED OFFICER:

South East Water Information Statement Applications PO Box 2268, Seaford, VIC 3198 MIKALA HEHIR GENERAL MANAGER CUSTOMER & COMMUNITY ENGAGEMENT

LAND INFORMATION CERTIFICATE SECTION 229 LOCAL GOVERNMENT ACT 1989 Certificate Number: wCerR/C027777 Your Reference: 940

Issue Date: 27 May 2021

Landata - Rates Web Certificates C/- Victorian Land Registry Services Pty Ltd L 1 Casselden 2 Lonsdale St MELBOURNE VIC 3000 Property Number:

167676

Property Address:

350S-1650 Pound Road CLYDE NORTH VIC 3978

Property Description:

Part Lot 1 PS 830159G Lot 2 PS 830159G Lot 3 PS 830159G

Land Area:

1,325,600 sqm

Valuation Date Site Value Capital Improved Value Net Annual Value

30/09/2020 $83,850,000 $83,850,000 $4,192,500

Effective Date

1/10/2020

This certificate provides information regarding valuation, rates, charges, other moneys owing and any orders and notices made under the Local Government Act 1989, or under a local law of the Council and specified flood level by the Council (if any). This certificate is not required to include information regarding planning, building, health, land fill, land slip, flooding information or service easements. Information regarding these matters may be available from Council or the relevant authority. A fee may be charged for such information. Details for financial year ending 30th June 2021 Rate Category Current Year`s General Rates Reapportioned Rates/Receipts Current Year`s Garbage Charge Current Year`s Fire Service Levy Current Rates Year`s Charges - SUB TOTAL Payments received Current Rates Year Adjust\Payments - SUB TOTAL Scheme Charges Scheme Charges - TOTAL TOTAL BALANCE OUTSTANDING

163,298.04 403.58 220.50 3,479.63 167,401.75 -167,401.75 -167,401.75

0.00 $0.00

PLEASE NOTE: In accordance with section 175(1) of the Local Government Act 1989, the purchaser must pay all overdue rates and charges at the time that person becomes the Page 1 of 2

owner of the land. All other amounts must be paid by their due dates to avoid penalty interest at 10.00% p.a. Full rate payments are due by 15/02/2021. PLEASE NOTE: Council will only give verbal updates to the applicant within 60 days of this certificate and it should be noted that Council will only be held responsible for information given in writing, i.e. a new certificate, and not information provided or confirmed verbally. For further information contact Council's Rate Department. PLEASE NOTE: If property is assessed as a Part Lot (PT) - multiple notices may be required, contact council for further information.

Should you have any queries regarding this Certificate, please contact City of Casey and quote reference wCerR/C027777.

Trevor Riches Team Leader Rates and Valuations

PLEASE NOTE: Interest continues to accrue at 10.0% on any overdue balances until paid in full. Lot 2, 1650S Pound Road CLYDE NORTH has been assessed as vacant land. Any improvements made to the property, may be subject to supplementary rate and valuation. Lot 2, 1650S Pound Road CLYDE NORTH has not been separately assessed and is subject to a supplementary rate and valuation.

Electronic Payments Biller Code: 8995 Ref: 01676760 Telephone & Internet Banking - BPAY® Contact your bank or financial institution to make this payment from your cheque, savings, debit, credit card or transaction account. More info: www.bpay.com.au Page 2 of 2

Property Clearance Certificate Taxation Administration Act 1997

INFOTRACK / DUFFY & SIMON

Land Address:

Your Reference:

208241

Certificate No:

47462669

Issue Date:

25 MAY 2021

Enquiries:

AXH7

1650S POUND ROAD CLYDE NORTH VIC 3978

Land Id REFER TO ATTACHMENT

Lot

Plan

Volume

Vendor:

KENNETH ALFRED ALLEN, GEOFFREY FRANK ALLEN & 1 OTHER(S)

Purchaser:

FOR INFORMATION PURPOSES

Current Land Tax

Tax Payable

Folio

Year

Taxable Value Proportional Tax

Penalty/Interest

Total

Year

Taxable Value Proportional Tax

Penalty/Interest

Total

Year

Proportional Tax

REFER TO ATTACHMENT

Comments:

Refer to attachment

Current Vacant Residential Land Tax REFER TO ATTACHMENT

Comments:

Refer to attachment

Arrears of Land Tax

Penalty/Interest

This certificate is subject to the notes that appear on the reverse. The applicant should read these notes carefully.

Paul Broderick Commissioner of State Revenue

CAPITAL IMP VALUE:

$38,448,608

SITE VALUE:

$84,235,000

AMOUNT PAYABLE:

$1,857,772.78

Total

Notes to Certificates Under Section 95AA of the Taxation Administration Act 1997 Certificate No:

47462669

Power to issue Certificate

Information for the vendor

1. The Commissioner of State Revenue can issue a Property Clearance Certificate (Certificate) to an owner, mortgagee or bona fide purchaser of land who makes an application specifying the land for which the Certificate is sought and pays the application fee.

5. Despite the issue of a Certificate, the Commissioner may recover a land tax liability from a vendor, including any amount identified on this Certificate.

General information Amount shown on Certificate 2. The Certificate shows any land tax (including Vacant Residential Land Tax, interest and penalty tax) that is due and unpaid on the land described in the Certificate at the date of issue. In addition, it may show: - Land tax that has been assessed but is not yet due, - Land tax for the current tax year that has not yet been assessed, and - Any other information that the Commissioner sees fit to include, such as the amount of land tax applicable to the land on a single holding basis and other debts with respect to the property payable to the Commissioner.

6. A Certificate showing no liability for the land does not mean that the land is exempt from land tax. It means that there is nothing to pay at the date of the Certificate. 7. An updated Certificate may be requested free of charge via our website, if: - The request is within 90 days of the original Certificate's issue date, and - There is no change to the parties involved in the transaction for which the Certificate was originally requested.

For Information Only LAND TAX CALCULATION BASED ON SINGLE OWNERSHIP

Land tax is a first charge on land 3. Unpaid land tax (including Vacant Residential Land Tax, interest and penalty tax) is a first charge on the land to which it relates. This means it has priority over any other encumbrances on the land, such as a mortgage, and will continue as a charge even if ownership of the land is transferred. Therefore, a purchaser may become liable for any such unpaid land tax.

Land Tax = $1,852,762.50 Taxable Value = $84,235,000 Calculated as $24,975 plus ( $84,235,000 - $3,000,000) multiplied by 2.250 cents.

Information for the purchaser 4. If a purchaser of the land described in the Certificate has applied for and obtained a Certificate, the amount recoverable from the purchaser cannot exceed the 'amount payable' shown. A purchaser cannot rely on a Certificate obtained by the vendor.

Property Clearance Certificate - Payment Options CARD

BPAY Biller Code: 5249 Ref: 47462669

Ref: 47462669

Telephone & Internet Banking - BPAY®

Visa or Mastercard

Contact your bank or financial institution to make this payment from your cheque, savings, debit or transaction account.

Pay via our website or phone 13 21 61. A card payment fee applies.

www.bpay.com.au

sro.vic.gov.au/paylandtax Property Clearance Certificate updates are available at sro.vic.gov.au/certificates

Property Clearance Certificate Taxation Administration Act 1997 Certificate No:

Land Address: Land Id 47642413

47462669

1650S POUND ROAD CLYDE NORTH VIC 3978 Lot

Plan

Volume

Folio

830159

12234

452

830159

12234

451

Land Tax Details

Year

MRS GLENDA MARGARET NOVOTNY

2021

Comments:

Tax Payable $8,491.04

Taxable Value Proportional Tax $385,000

Penalty/Interest

$8,491.04

Total

$0.00

$8,491.04

Land Tax will be payable but is not yet due - please see note 6 on reverse.

Vacant Residential Land Tax Details

Year

Tax Liability

Taxable Value

Penalty/Interest

Total

Comments:

Total Amount Payable for Property: Land Address: Land Id 47642421

$8,491.04

1650S POUND ROAD CLYDE NORTH VIC 3978 Lot

Plan

Volume

Folio

Tax Payable

830159

12234

452

$702,813.54

830159

12234

451

Land Tax Details

Year

MRS GLENDA MARGARET NOVOTNY

2021

Comments:

47642413

Taxable Value Proportional Tax $31,866,921

Penalty/Interest

$702,813.54

Total

$0.00

$702,813.54

Land Tax will be payable but is not yet due - please see note 6 on reverse.

Vacant Residential Land Tax Details

Year

Tax Liability

Taxable Value

Penalty/Interest

Total

Comments:

Total Amount Payable for Property: Land Address: Land Id 47642439

$702,813.54

1650S POUND ROAD CLYDE NORTH VIC 3978 Lot

Plan

Volume

Folio

Tax Payable

830159

12234

452

$1,146,468.20

830159

12234

451

Land Tax Details

Year

MRS GLENDA MARGARET NOVOTNY

2021

Comments:

47642421

Taxable Value Proportional Tax $51,983,079

Penalty/Interest

$1,146,468.20

$0.00

Total $1,146,468.20

Land Tax will be payable but is not yet due - please see note 6 on reverse.

Vacant Residential Land Tax Details

Year

Taxable Value

Tax Liability

Penalty/Interest

Total

Comments:

Total Amount Payable for Property:

47642439

Total:

$1,146,468.20

$1,857,772.78

“Five Farms Residents Club” Rules of Owners Corporation Plan No. XXX

20210122 Five Farms Residents Club Draft OC Rules

TABLE OF CONTENTS

INTERPRETATION ............................................................................................................... 1

DEFINITIONS ....................................................................................................................... 1

DEVELOPMENT AND MAINTENANCE OF A LOT .............................................................. 3

AMENITY CONTROLS ......................................................................................................... 3

USE OF RESIDENTS CLUB ................................................................................................. 6

OWNERS CORPORATION - PROVISION OF SERVICES AND LEVIES ........................... 10

NON-COMPLIANCE ........................................................................................................... 10

GST .................................................................................................................................... 11

DISPUTE RESOLUTION .................................................................................................... 12

MODEL RULES IN REGULATIONS ................................................................................... 12

SCHEDULE 1 ................................................................................................................................... 13 SCHEDULE 2 ................................................................................................................................... 14

20210122 Five Farms Residents Club Draft OC Rules

INTERPRETATION One of the Owners Corporation’s principal charters is to ensure that all Members have the quiet enjoyment of the Development, and in particular, the Residents Club. These Rules are to be interpreted having regard to the following objectives of the Owners Corporation, namely: 1.1

Residents Club Maintaining, enhancing and regulating the use of the Residents Club and other amenities for the benefit of all Members and Occupiers;

1.2

Landscaping maintaining and enhancing any landscaping for which the Owners Corporation is responsible; and

1.3

Provision of services ensuring the Owners Corporation has the ability to provide services to all Members and Occupiers which are consistent with the quality of the Development.

DEFINITIONS In these Rules unless the context otherwise requires the following definitions apply: 2.1

Builders' Site Refuse Guidelines means the guidelines set out in Schedule 1 in relation to the disposal of building refuse on or emanating from any Lot, and includes any new or amended guidelines set from time to time by the Owners Corporation or the Manager;

2.2

Centre Management Team means the employees of the Owners Corporation or the Manager who are based at the Residents Club to carry out the day to day management of the Residents Club, and where appropriate, includes the Manager;

2.3

Common Property means that part of the Land shown in the Plan of Subdivision as common property;

2.4

Date of Completion of the Development means the date of settlement of the sale of the last Lot or piece of land in the Development of which the Developer is the owner;

2.5

Developer means Australand Residential Land Holdings Pty Ltd as the trustee for Frasers Property Clyde North Pty Ltd ACN 107 356 098, and includes its assignee or successors in title;

2.6

Development means the development built or to be built on the Land, and known as “Five Farms”;

2.7

Function Room means a room within the Residents Club intended to be used to host social or other functions;

2.8

Guest means any natural person that does not ordinarily reside for more than ninety (90) days in any calendar year within a Lot or is not the registered proprietor of a Lot;

2.9

Land means the whole of the land described in the Plan of Subdivision;

20210122 Five Farms Residents Club Draft OC Rules

2 2.10

Lot means any lot in the Plan of Subdivision, and when used with reference to a particular Member, means the Lot in respect of which the Member is the registered proprietor;

2.11

Five Farms Schedule of Fees and Charges means the document issued by the Manager from time to time, and which sets out the amounts payable by Members and Occupiers to the Owners Corporation in order to use the Residents Club (including any Function Room), such as, the amount of any required security bond, the fees and charges for cleaning, providing security, use of utilities, and such other costs which the Owners Corporation may determine from time to time as being applicable for the use of the Residents Club.

2.12

Manager means the person for the time being appointed by the Owners Corporation as the manager of the Owners Corporation;

2.13

Member means a member of the Owners Corporation who is the owner of any Lot in the Plan of Subdivision, and any obligation imposed on a Member under these Rules is deemed to have been imposed on the Member excluding the Developer in relation to the Lot owned by the Member;

2.14

Occupier means the person or persons occupying a Lot from time to time under a formal lease granted by a Member, or with the written consent of the Member;

2.15

Owners Corporation means the Owners Corporation created by the Plan of Subdivision or if more than one, the unlimited Owners Corporation created by the Plan of Subdivision;

2.16

Plan of Subdivision means Plan of Subdivision No. XXX, and includes any subsequent stages of subdivision to be incorporated into this Plan of Subdivision;

2.17

Regulations means the Owners Corporation Regulations 2018 as may be amended from time to time, and if revoked, means the regulations enacted in their stead;

2.18

Residence means a Lot and all the improvements built or to be built on the Lot, and when used with reference to a particular Member, means the Residence on the Lot in respect of which the Member is the registered proprietor;

2.19

Residents Club means the Five Farms Residents Club together with the facilities within it, the grounds or gardens surrounding the Residents Club, and which have been built by the Developer on the Common Property for the use of Members and Occupiers;

2.20

Rules means these rules of the Owners Corporation including the rules set out in the Schedules, and includes any amendments or additions to these rules made by the Owners Corporation from time to time;

2.21

Schedule means all or any of the schedules attached to these Rules;

2.22

Security Fob means an electronic or magnetic fob used to open and close the doors or entry gates to the Residents Club;

2.23

Settlement Date means the date of transfer of any Lot to a Member.

The obligations and restrictions set out in these Rules are read subject to the rights, grants or privileges that may be given to any person or persons by the Owners Corporation from time to time, and to the extent of any inconsistency, such rights, grants or privileges prevail over these Rules in respect of the person or persons to whom they are given. 20210122 Five Farms Residents Club Draft OC Rules

3 3

DEVELOPMENT AND MAINTENANCE OF A LOT Each Member must, in respect of the Member’s Lot: 3.1

Builders' Site Refuse Guidelines ensure that any builder of a Residence on that Member's Lot complies with the Builders' Site Refuse Guidelines for the health and safety of all Members, and to ensure the appropriate external appearance of Lots;

3.2

Appearance of Residence at all times, the Residence is clean and maintained in good repair including (without limitation) all fences, walls, windows, gates, sidewalls, walkways and driveways within a Lot;

3.3

Upkeep of yard areas maintain and keep tidy the front garden and any side garden visible from public areas, of the Lot to the standard of a first class residential development as determined by the Owners Corporation from time to time;

3.4

Nature Strip maintain and keep neat and tidy any nature strip adjoining the Lot;

3.5

3.6

Rubbish disposal 3.5.1

ensure that the disposal of rubbish or waste does not adversely affect the health, hygiene or comfort of the Occupiers or users of other Lots;

3.5.2

conceal all rubbish, green waste and recycle bins from public view except on the days and during the times designated for rubbish disposal;

Vermin take all practicable steps to prevent infestation of the Lot or the Residence by vermin or insects;

3.7

General appearance of Lot keep the Lot free of rubbish and to the standard of a first class residential development;

AMENITY CONTROLS A Member must comply with the following controls: 4.1

Use of Lot 4.1.1

Not use or permit a Lot or the Common Property to be used for any purpose which may be illegal or injurious to the reputation of the Development or which may cause a nuisance or hazard to other Members, Occupiers or the visitors of any Member or Occupier;

20210122 Five Farms Residents Club Draft OC Rules

4 4.1.2

4.2

Must give written notification to the Owners Corporation if the Member or Occupier changes the existing use of the Lot in a way that will affect the insurance premiums for the Owners Corporation.

Restrictions on carparking 4.2.1

Commercial vehicles Not park or allow to be parked on a Lot or any road or any other land in the vicinity of a Lot, any commercial vehicles (including but not limited to trucks, utilities, caravans, trailers, boats or any other mobile machinery) unless such commercial vehicles are housed or contained wholly within a carpark or garage on a Lot or parked in the driveway on a Lot and screened from public view;

4.2.2

All vehicles Not park or allow any vehicle to be parked on the front lawn of a Lot or the nature strip adjoining a Lot;

4.2.3

Vehicles on Common Property Not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle -

4.3

(a)

to be parked or left in parking spaces situated on Common Property, or allocated for visitor parking or for other Lots; or

(b)

on the Common Property so as to obstruct a driveway, pathway, entrance or exit to a Lot; or

(c)

in any place other than a parking area situated on Common Property (if any) specified for that purpose by the Owners Corporation.

Vehicle repairs Not carry out or cause to be carried out on a Lot or on any road or any other land in the vicinity of a Lot any dismantling, assembling, repairs or restorations of vehicles unless carried out at the rear of a Residence on a Lot in a location which is screened from public view;

4.4

Signs Not erect or display any sign, hoarding or advertising of any description whatsoever on or within a Lot (including a "For Sale" sign) that is visible from the street unless the following applies: 4.4.1

the Lot is being advertised for sale and in such a case only one advertising sign will be permitted;

4.4.2

the signage is for builders or tradespersons identification during construction of the Residence provided: (a)

the signage has a maximum size of 600mm x 600mm; and

(b)

the signage is removed within 10 days of the issue of the occupancy permit for the Residence.

20210122 Five Farms Residents Club Draft OC Rules

5 4.5

4.6

Fencing 4.5.1

Not alter or remove any fence without the approval of the Owners Corporation;

4.5.2

Not allow any fence to fall into a state of disrepair; nor

4.5.3

Not repair or renew the fence with any materials which are not of the same nature, quality and standard as those originally used for the construction thereof;

Insurance premiums Not do or permit anything to be done which may invalidate, suspend or increase the premium for any insurance policy effected by the Owners Corporation, without the prior written consent of the Owners Corporation;

4.7

No damage to Common Property Not mark, paint or otherwise damage or deface any structure that forms part of the Common Property;

4.8

No interference with Common Property Not use the Common Property or permit the Common Property to be used in such a way as to unreasonably interfere with or prevent it being used by other Member’s or Occupiers of Lots or their visitors;

4.9

Articles on Common Property Not without the prior written consent of the Owners Corporation, remove any article from the Common Property placed there by direction or authority of the Owners Corporation and must use all reasonable endeavours to ensure that those articles are used only for their intended use and not damaged;

4.10

Storage on Common Property Not store any materials or goods on the Common Property except with the prior written consent of the Owners Corporation and in accordance with the terms and conditions contained in that consent;

4.11

Cause a danger Not keep the Lot in a manner which is dangerous or likely to cause danger to life or property;

4.12

Noise Not do or allow any other person on Common Property to: 4.12.1

carry on a noxious or offensive activity; or

4.12.2

make or allow noise on Common Property that will interfere with the enjoyment of the Common Property by others;

20210122 Five Farms Residents Club Draft OC Rules

6 4.13

Behaviour Not be on Common Property unless clothed and must not use language or behave in a manner likely to cause offence or embarrassment to another Member or to any person lawfully using the Common Property.

4.14

Pets and animals No animals are allowed on the Common Property.

4.15

Compliance Ensure that the Occupier of a Member’s Lot, and the Member’s visitors comply with the controls referred to in this Rule 4.

USE OF RESIDENTS CLUB In addition to complying with all the Rules, each Member and each Occupier must observe and must ensure that their respective Guests and invitees do not use the Residents Club except in accordance with the Conditions of Use, following rules and such other rules as may be determined from time to time: 5.1

Right to access the Residents Club A Member or Occupier may only use the Residents Club if:

5.2

5.1.1

there are no outstanding fees, charges or levies owing to the Owners Corporation in relation to the Member’s Lot; and

5.1.2

the Member or Occupier must have received induction to the facilities ("Induction"); and

5.1.3

that inducted member is of at least sixteen years of age.

Induction 5.2.1

An Induction is a walkthrough of the Residents Club, or the viewing of a video footage of a walkthrough explaining rules of use, access, safety and amenities. Following completion of the Induction, Members and Occupiers must complete and sign the Members Information & Induction Forms before access to the Residents Club is permitted.

5.2.2

Guests of Members or Occupiers are not required to complete an Induction but they must be accompanied by the Member or Occupier at all times.

5.2.3

Induction bookings are organised through the Residents Club staff. Requests for inductions by Members and Occupiers require at least seven (7) days’ prior notice.

5.2.4

Each Lot will be entitled to twelve (12) Inductions per financial year at no charge. Once this entitlement is reached, all additional Inductions for the remainder of that year require the payment of a fee charged at a rate per the current Five Farms Schedule of Fees and Charges.

5.2.5

If there are no outstanding fees, charges or levies owing to the Owners Corporation in relation to the Member’s Lot, the Member or Occupier

20210122 Five Farms Residents Club Draft OC Rules

7 may book an Induction by producing the following documents at the time the of booking the Induction: (a)

the member or occupier must have reached at least the age of sixteen (16) years old; and

(b)

in the case of a Member booking the Induction:

(c)

(d)

5.3

(1)

a copy of the contract of sale of the Member’s Lot or a copy of the title to the Member’s Lot which names the Member as the purchaser or owner of the Lot; or

(2)

a copy of the current Owners Corporation invoice addressed to the Member in relation to the Member’s Lot; and

In the case of an Occupier booking the Induction: (1)

who is renting the Lot, a copy of the rental agreement, and a letter from the leasing agent or the Member who owns the Lot, acknowledging that the Occupier has been granted the right to use the Residents Club; and

(2)

who does not have a rental agreement with a Member, a letter addressed to the Owners Corporation from the Member who owns the Lot, setting out details of the Occupier, and confirming that the Occupier has been granted the right to use the Residents Club.

Where the Member has granted access under a rental agreement or in writing in accordance with Rule 5.2.6(b)(2) to an Occupier: (1)

the Member’s entitlement to access the Residents Club transfers to the Occupier; and

(2)

the Member agrees the Member may be liable for recovery of costs for damage or loss caused by the Occupier.

Security Fobs 5.3.1

After a Member or Occupier has completed the first Induction for the Lot, the Member or Occupier will be issued with a Security Fob. In respect of each Lot, one initial Security Fob will be issued at no cost to the initial Member or Occupier of the Lot.

5.3.2

Additional Security Fobs may be issued at the written request of a Member at a charge as set out in the Five Farms Schedule of Fees and Charges. The Owners Corporation will issue a maximum of two (2) active Security Fobs at any time for each Lot;

5.3.3

A Member or Occupier: (a)

is responsible for the safe keeping of their Security Fobs;

(b)

must ensure that their Security Fobs are not used by any person other than the Member or Occupier; and

20210122 Five Farms Residents Club Draft OC Rules

8 (c)

5.4

must include an obligation on the tenant or licensee in any lease or licence agreement to return the Security Fobs to the Member at the end of the term of the lease or licence.

5.3.4

All Security Fobs remain the property of the Owner Corporation and must be provided to the new Member upon settlement of the Lot or to the Manager when the Member is no longer the owner of the Lot, or when the Occupier is no longer entitled to reside in the Lot.

5.3.5

The Owners Corporation reserves the right to recover costs from the subsequent Member for Security Fobs not provided to them or returned upon request or in accordance with these Rules.

5.3.6

If a Member, an Occupier of a Guest of a Member or an Occupier breaches any of these Rules, the Owners Corporation may, at any time revoke the Member’s or Occupier’s access to the Residents Club.

Guests 5.4.1

Number of guests Subject to Rule 5.4.3, each Member or Occupier may invite no more than one guest to the Residents Club.

5.4.2

Number of guests permitted in the gymnasium A Member or Occupier must not allow any more than one (1) Guest at any one time to use or enter the gymnasium located within the Residents Club.

5.4.3

Restriction on guests permitted The Owners Corporation may, due to safety reasons, or the presence of excessive number of users, request the departure, restrict entry or temporarily suspend access by any guests or invitees of any Member or Occupier.

5.4.4

Guests to be accompanied Save for attendance at public events or functions held at the Residents Club, guests accessing the Residents Club must be accompanied by a Member or Occupier at all times.

5.5

5.6

Use of Residents Club by minors 5.5.1

Minors are not permitted in the gymnasium at any time.

5.5.2

Minors must be accompanied by an adult: Member or Occupier when using all other areas of the Residents Club including but not limited to the function room, tennis courts, pools and spa.

Alcohol A Member must not consume or allow any of the Member’s guests or invitees to consume alcohol in or around the Residents Club except: 5.6.1

with the prior written consent of the Owners Corporation; and

20210122 Five Farms Residents Club Draft OC Rules

9 5.6.2 5.7

in accordance with any relevant permit or licence already procured by the Member.

Smoking Smoking is not permitted in any part of the Common Property.

5.8

Behaviour Members, Occupiers, and their respective Guests and invitees must not do anything in or in the vicinity of the Residents Club which may be considered antisocial, violent, threatening, or which may, in any way interfere with the safety or the use and enjoyment of those Residents Club by any other person.

5.9

Clothing Suitable clothing must be worn in the Residents Club at all times. What is considered suitable clothing is to be determined by the Manager or the staff engaged by the Manager or the Owners Corporation to manage the Residents Club.

5.10

Risk All Members and Occupiers and their respective guests and invitees use the Residents Club at their own risk. Regardless of how such loss or damage may have been caused, the Owners Corporation, the Manager, or their respective agents, employees and contractors, are not liable to any Member or Occupier or their respective guests or invitees for personal injury or for damage to, loss or theft of any property brought into the Residents Club except if such damage, loss or theft is caused by the negligence or omission on the part of any one of them.

5.11

Notification of damage A Member or Occupier must promptly notify the Owners Corporation or the Manager on becoming aware of any damage to, or defect in the Common Property or any property owned by the Owners Corporation;

5.12

Compensation A Member or Occupier must compensate the Owners Corporation in respect of any damage to the Common Property or any property owned by the Owners Corporation if such damage is caused by that Member or Occupier or their respective Guests or invitees; including cost of call outs for false alarms caused by member or members guests tampering with fire alarms;

5.13

Obey directions A Member or Occupier must, and must ensure that their respective Guests and invitees obey any lawful direction given to them by the Owners Corporation, the Manager or any member of the Centre Management Team.

5.14

Obey all signs A Member or Occupier must, and must ensure that their respective Guests and invitees observe any signs setting out any conditions use of the Residents Club or any facilities within the Residents Club.

20210122 Five Farms Residents Club Draft OC Rules

10 6

OWNERS CORPORATION - PROVISION OF SERVICES AND LEVIES Each Member of the Owners Corporation agrees that: 6.1

Services The Owners Corporation may provide the following services:

6.2

6.1.1

the operation of a security surveillance service;

6.1.2

if required by the relevant authorities (or agreed to by the Owners Corporation with the relevant authorities), the maintenance, repair and improvement of specified landscaped areas or parks at the cost of the Owners Corporation;

6.1.3

the repair and maintenance of such landscaping within the Plan of Subdivision as the Owners Corporation is responsible for or as agreed to by the Owners Corporation with relevant authorities or the Developer;

6.1.4

the repair, maintenance and improvement of any entrance feature constructed or to be constructed at any of the entrances to the Development; and

6.1.5

any other service or facility provided by the Owners Corporation for the benefit of Members which is consistent with the stated objectives of these Rules;

Cost The provision of such services by the Owners Corporation will be paid for by all Members.

6.3

Owners Corporation may rectify If a Member fails to comply with the Builders' Site Refuse Guidelines or any notice served upon the Member by the Owners Corporation in accordance with these Rules, the Members agree that:

6.3.1

the Owners Corporation, the Manager or their respective authorised agent is entitled to enter upon the Lot and clean up the Lot in accordance with the Builders Site Refuse Guidelines; and

6.3.2

the Owners Corporation is entitled to recover the entire cost of the cleaning up of the Lot from the Member who owns the Lot on the basis that the cost is a Owners Corporation charge for which the Member solely benefits and is solely responsible for the payment of.

NON-COMPLIANCE 7.1

Recovery of Costs If a Member has not complied with any of these Rules within 14 days generally, or within 7 days for breaches of Builders’ Site Refuse Guidelines only, after service of a notice by the Owners Corporation specifying any non-compliance, the Member agrees that:

20210122 Five Farms Residents Club Draft OC Rules

7.2

7.1.1

the Member must allow the Owners Corporation, or the Manager, or their respective employees, contractors, or agents to enter the Lot and rectify the non-compliance;

7.1.2

the Member must pay to the Owners Corporation any charges levied against the Member in respect of the costs incurred by the Owners Corporation relating to the non-compliance including without limitation administrative costs, legal costs and the costs of any works performed to rectify the non-compliance which (until paid) are and shall be a charge on the Lot;

7.1.3

the Member must accept a certificate signed by the Secretary of the Owners Corporation or the Manager as prima facie proof of the costs and expenses incurred by the Owners Corporation relating to the Member's non-compliance with these Rules;

7.1.4

the Member must pay interest at the rate prescribed under the Penalty Interests Rates Act 1983 on all outstanding fees and charges owing to the Owners Corporation and remaining unpaid;

7.1.5

any payments made for the purposes of these Rules shall be appropriated first in payment of any interest and any unpaid costs and expenses of the Owners Corporation, and then be applied in repayment of the principal sum; and

7.1.6

any costs incurred by the Owners Corporation relating to the noncompliance of the Member are costs incurred in the performance of a service to that Member.

Enforcement If a Member has not complied with these Rules within 14 days after service of a notice from the Owners Corporation pursuant to Rule 7.1, or within 7 days for breaches of Builders Site Refuse Guidelines, the Owners Corporation may take action in a Court of competent jurisdiction to compel the Member to comply with these Rules.

7.3

Recovery of expenditure Where the Owners Corporation expends money to make good the damage caused by a breach of any law or of any these Rules by a Member or Occupier or their respective guests, servants, employees, agents or children, invitees or licensees, the Owners Corporation is entitled to recover the amount so expended as a debt in an action in any court of competent jurisdiction from the Owner of the Lot at the time when the breach occurred.

GST 8.1

Definition For the purposes of this rule: 8.1.1

GST means a goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;

8.1.2

Primary Payment means any payment made or consideration given by a Member or Occupier to the Owners Corporation including payments made by way of a regular or non-regular levy or otherwise,

20210122 Five Farms Residents Club Draft OC Rules

12 in connection with any supply of any goods and services, including fees payable for use of the Function Room. 8.2

Payment If the Owners Corporation is liable by law for any GST on any Primary Payment, the Owner must pay to the Owners Corporation the amount of the GST in addition to the Primary Payment at the same time and in the same manner as the Owner is required to pay the Primary Payment in respect of which the GST relates.

DISPUTE RESOLUTION Any complaints by a Member, Occupier or the Manager must be submitted and considered in accordance with the provisions of the Owners Corporations Act 2006 and the Regulations.

MODEL RULES IN REGULATIONS Provided there is no conflict between the Model Rules contained in the Regulations and these Rules, the Model Rules are included in but are subject to these Rules.

20210122 Five Farms Residents Club Draft OC Rules

13 SCHEDULE 1 BUILDERS' SITE REFUSE GUIDELINES 1

All Members have an obligation to keep the entire Development tidy.

The litter refuse system used by a Member must adhere to good practice for the recycling of refuse materials and be coordinated with the refuse disposal arrangements adopted from time to time by the local municipal council.

Each Member during the construction phase of a Residence on a Lot must inform the builder of the contents of these Builders' Site Refuse Guidelines.

All building materials and fittings must be stored within the property boundaries of a Lot at all material times. No building materials are permitted to be stored on the nature strip of a Lot.

A Member must ensure that the Member’s Builder provides fencing around the entire perimeter of the Lot from the commencement or any construction works, and for the duration of, building works. The fence must: 5.1

be of a height of not less than 1.5m;

5.2

be capable of preventing litter from being transported from a building site by wind; and

5.3

have not more than one access opening fitted with gates, which is located to correspond with the vehicle crossing referrable to the Lot.

A Member must ensure that the Member’s builders provides a lockable 2 metre square bin on the Lot for the storage of all site refuse generated by the Lot and keep all of the site refuse within the bin.

A Member must comply and ensure that the Member’s builder complies with any notice issued by or on behalf of the Owners Corporation specifying breaches of the Builders' Site Refuse Guidelines and rectify the specified breaches. If a Member fails to do so the Member and the Member’s builder may be exposed to prosecution by the local municipal council under the relevant legislation or by laws.

A Member must, and must ensure that the Member’s builder must as soon as is reasonably practicable, repair all damage that has been caused by the Member or its builder or any other person engaged on behalf of the Member to any part of Five Farms including but not limited to damage to landscaping, trees, nature strips, fencing, bollards, curbing, footpaths, roadways and all other improvements or infrastructure forming part of Five Farms; further they will also be exposed to prosecution by the local municipal council under the relevant legislation or by laws.

20210122 Five Farms Residents Club Draft OC Rules

14 SCHEDULE 2 FUNCTION ROOM RULES OF USE 1

ADDITIONAL DEFINITIONS In these additional Rules unless the context otherwise requires the following definitions also apply:

1.1

Application means an application made by a Hirer to the Owner’s Corporation or the Manager for the use of the Function Room for a function;

1.2

Approve or Approval means an approval in writing given by Owners Corporation or the Manager in respect of an Application which may or may not contain conditions;

1.3

Conditions of Use means the conditions pertaining to the use of the Function Room set by the Manager (following consultation with the Owners Corporation committee) from time to time, and includes the rules set out in this Schedule 2;

1.4

Function means a function which has been organised by a Member or Occupier to which are invited their guests and invitees.

1.5

Function Room means a room within the Residents Club intended to be used to host social or other functions;

1.6

Hirer means a Member or Occupier and who makes the Application;

1.7

Hours of Operation means the period of time which the Hirer is granted access to the Function Room on the day of the relevant event; and

1.8

Security Bond means the money which a Hirer must pay to the Owners Corporation as a security deposit for the performance of the Hirer’s obligations pertaining to the use of the Function Room, and which amount is as determined and set out in the Schedule of Fees and Charges from time to time.

USE OF FUNCTION ROOM Subject to the Approval and any conditions in the Approval, Members and Occupiers may hire the Function Room for Private Events, not to be advertised to the public and may not result in an advantage for the hirer or result in any financial transactions occurring as a result of the event save provision of food or entertainment paid solely by the hirer for the event. However, such use is subject to compliance with the Rules, the Conditions of Use and any permit procured or necessary to be procured for the event.

MAXIMUM CAPACITY 3.1

The maximum number of persons (including catering staff, entertainers, security guards and other persons serving at the Function) permitted to attend or be present at a Function must not exceed the number (if any) set out in the Approval. If no such maximum number is set out in the Approval, the maximum number must not exceed the number stated in the occupancy permit for the Residents Club.

3.2

If there is any breach of Rule 3 of this Schedule, any member of the Centre Management Team is authorised to close down any Function without notice to the Hirer.

20210122 Five Farms Residents Club Draft OC Rules

15 4

PAYMENT 4.1

The fee and charges for the use of the Function Room including but not limited to: the amount of the Security Bond, booking fees, security charges, cleaning fees are as determined and set out from time to time in the Schedule of Fees and Charges.

4.2

The Schedule of Fees and Charges will be provided to the Hirer at the time the booking enquiry is made.

4.3

In order to secure a booking, payment of the Security Bond and where required, the cost of security and cleaning, must be paid by the Hirer within seven (7) business days after receipt of an invoice from the Manager.

4.4

Bookings taken without payment will be considered tentative, and may be cancelled by the Centre Management Team at any time before the Security Bond is paid.;

4.5

All required payments must be made no later than seven (7) days before the date of the Function, failing which, the Centre Management Team may cancel the booking without further notice to the Hirer;

ACCESS 5.1

All persons attending or in attendance at the Function (including the Hirer and the Hirer’s guests and invitees, employees, caterers and security staff) must adhere to the Hours of Operation, and 5.1.1

must not access the Function Room before the start of the Hours of Operation, and

5.1.2

must vacate the Residents Club before the end of the Hours of Operation.

5.2

A security token will be issued to the Hirer to provide access to the Function Room.

5.3

The Hirer must collect the security token during normal working hours, at a time arranged with a member of the Centre Management Team.

5.4

At the end of the Hours of Operation, all security tokens must be returned to the security guard engaged for the Function or alternatively, placed in the drop box provided. Failure to return the security token will incur a replacement cost plus an administration fee.

5.5

No guests are to wander around the Residents Club without a Member or Occupier who has received an Induction in accordance with Rule 5.

5.6

Other than the Function Room, none of the other facilities within or forming part of the Residents Club may be used during a Function.

5.7

All doors to and of the Function Room must be locked after use.

SECURITY 6.1

At least one security guard must be engaged by the Hirer and be in attendance at all Functions with fifty (50) or more guests, or at which alcohol is to be served. The Centre Management Team may, at its discretion, require the Hirer to engage more security guards if necessary.

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6.2

Security will be arranged by the Manager at the expense of the Hirer.

6.3

Rates for the security guards are as set out in the Schedule of Fees and Charges.

6.4

Hirers must register their Functions with the Victoria Police Party Safe program either online http://www.police.vic.gov.au or directly at the local police station. At the Hirer’s request, a member of the Centre Management Team will assist with the registration process.

ENDING A FUNCTION Any of the below listed have the right and power to close down a Function at any given time:

7.1

Member of the Centre Management Team;

7.2

A member of the State Emergency Services;

7.3

Police;

7.4

An appointed security guard;

7.5

An authorised agent of the Owners Corporation.

CATERING 8.1

If a Function is catered (self-catered or otherwise), the Hirer must pay the Owners Corporation a non-refundable cleaning fee. Cleaning fees are set out in the Five Farms Schedule of Fees and Charges;

8.2

Cleaners will be arranged by the Centre Management Team.

8.3

Cold food may be served in the Function Room provided the food is handled and served in a hygienic and safe manner;

8.4

If the Function is a self catered Function, the Hirer may only use hot water urns, coffee urns, reheat or cooking appliances (if any) provided by the Owners Corporation. If such appliances are not provided by the Owners Corporation, they may only be used with the prior approval of the Centre Management Team and have a current electrical certification “Test and Tag”. These items may not be taken into the Function Room. BBQs or other open flame style of cooking are not permitted in the Function Room or on any part of the Residents Club unless installed by the Owners Corporation

RESTRICTION OF ALCOHOLIC BEVERAGES 9.1

If alcohol is to be served at a Function, the Hirer must provide to the Manager, a copy of the relevant permit which allows consumption of alcohol at the Function Room, at least one business day before the date of the Function, failing which, the booking will be cancelled.

9.2

The Hirer must ensure that drinks or beverages containing alcohol are not served at least 1.5 hours before the end of the Hours of Operation.

9.3

The Hirer must ensure that guests and invitees do not, under any circumstances: 9.3.1

bring their own alcohol into the Function Room; or

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17 9.3.2 9.4 10

take any alcohol out of or consume any alcohol outside the Function Room.

A breach of this rule will result in the Security Bond being forfeited to the Owners Corporation and the function may be terminated.

FURNITURE USE AND DECORATIONS 10.1

The Function Room may have furniture in the Function Room, and which may be available for use by the Hirer.

10.2

The Hirer must ensure that after the Function is over, the Function Room furniture is returned in good order and condition to where the furniture is located or stored.

10.3

The Hirer must pay for the cost of any rectifying any damage to the Function Room and/or furniture or equipment provided in the Function Room (including chairs, tables, audio visual equipment, kitchen equipment or appliances).

10.4

No nails, pins, screws, bolts, tape etc. may be driven into or fixed to the walls and fixtures of the Function Room; and no equipment, furniture or any structures including jumping castles or decorative lighting, posters, placards or notices may be taken into the Function Room, or placed or displayed outside it or used there without the previous consent of the Owners Corporation or the Manager.

10.5

If the Hirer is engaging any external entertainment/entertainers (such as disc jockeys or face painting) for the Function, such engagement must be disclosed in writing at the time the booking is made. Such engagement must be approved by the Owners Corporation or the Manager before the Function taking place.

HEALTH & SAFETY 11.1

The Hirer must adhere to all occupational health and safety laws and requirements including those relating to exposure to noise, working at heights, manual handling and safe operation of equipment;

11.2

The Hirer must comply in every respect with all laws and regulations (such as the Health Act 1958 and the Building Code of Australia) with regard to public buildings for the prevention of overcrowding and obstruction of doorways, passages, corridors or any other part of the building to ensure the safe exiting from the Residents Club in case of an emergency.

11.3

The Hirer must not, and must ensure that all the Hirer’s guests and invitees do not, in using the Residents Club: 11.3.1

smoke anywhere within the Residents Club, or on Common Property;

11.3.2

use any illicit drug in and around the Residents Club ;

11.3.3

bring any animals, birds or reptiles (save for guide dogs) into any part of the Residents Club;

11.3.4

bring any dangerous goods or gas cylinders into the Residents Club other than into designated storage rooms or as approved by the Owners Corporation or the Centre Management Team;

11.3.5

use any equipment or appliances which do not conform to Australian standards;

20210122 Five Farms Residents Club Draft OC Rules

11.3.6

use any external sound amplification equipment without the prior approval of the Centre Management Team;

11.3.7

not install any additional lighting in the Function Room without the prior approval of the Centre Management Team; or

11.3.8

bring into or use any hot water urns or coffee urns in the Function Room.

PARKING ALL vehicles are parked at owner's risk. The Owner Corporation is under no liability to insure such vehicles against loss, theft or damage to vehicles.

ANTI-SOCIAL OR VIOLENT BEHAVIOUR 13.1

The Hirer must not, and must ensure that the Hirer’s guests and invitees do not engage in any acts of anti-social, violent or threatening behaviour during the course of a Function. If there is a breach of this rule: 13.1.1

the Centre Management Team is authorised to close down the Function or to call in the police;

13.1.2

the Security Bond will be forfeited to the Owners Corporation, and

13.1.3

the Hirer may be the subject to complaints by the Owners Corporation or Manager.

CLEANING AFTER FUNCTION 14.1

14.2

Cleaners will be arranged by the Centre Management Team.

14.3

All facilities including furniture, white boards, floor coverings, window blinds and any other facilities utilised during hire must be left tidy and in good order.

14.4

The Hirer must ensure that all rubbish is placed in rubbish bags provided by the Owners Corporation, and left neatly within the kitchen area of the Function Room. All packaging must be removed by the Hirer.

DAMAGES AND PAYMENT OF DAMAGES 15.1

The Hirer must notify the Centre Manager Team of any damages caused, during the Function.

15.2

Should any damage be caused to the Function Room during the period of the Hours of Operation, the Security Bond will be retained until any damage caused is repaired. The cost of repairing the damage will be deducted from the Security Bond.

15.3

The Hirer must pay any costs in excess of the Security Bond amount for repairs of any damage caused during the Function.

15.4

The Hirer must allow the Owners Corporation or the Manager to rectify any damage.

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19 15.5

The Hirer agrees to accept a certificate signed by the Manager as prima facie proof of costs and expenses incurred by the Owners Corporation relating to the damage claim.

RECOVERY OF EXPENDITURE IN EMERGENCIES The Owners Corporation may recover costs from the Hirer for any emergency services that have to attend the Residents Club during the Function for any emergency caused by the Hirer or their guests.

INSURANCE The Hirer must effect the Hirer’s own insurance, to cover any other claims which may arise in relation to its Hirer, the Hirer’s guests and invitees, and their use of the Function Room.

DISCLAIMER The Owners Corporation, the Centre Management Team and their respective agents and servants are not liable to the Hirer or to any person using or entering the Residents Club, for personal injury or for damage to, loss or theft of any property brought into the Residents Club unless such loss or damage is caused by except if such damage, loss or theft is caused by the negligence or omission on the part of any one of them. The Hirer indemnifies and keeps the Owners Corporation, the Centre Management Team and their respective officers, agents and servants indemnified against all claims made by, and liability to, any person in respect of such damage, loss or theft.

20210122 Five Farms Residents Club Draft OC Rules

PLANNING PROPERTY REPORT From www.planning.vic.gov.au at 21 June 2022 02:04 PM

PROPERTY DETAILS Address:

1650S POUND ROAD CLYDE NORTH 3978

Lot and Plan Number: