Our Reference

21 Febmary 2005

Ian Hazzard

07 3233 8976

ihazzard@mccullough.com.au

IWH:MID554/ll

./Jt1v&t£o/ OL ~ J/ z... Mr Colin Cassidv/ Department Coca! Government, Planning, Sport & Recreation Level14 41 G rge Street ~. SBANE QLD 4000

Dear Colin

DEVELOPMENT CONTROL BY-LAWS

I act for Royal Pines Resort Primary Thoroughfare Body Corporate.

McCULLOUGH ROBERTSON lawyers

Success. !11 busi11ess

Level ll Central Plaza Two 66 Eagle Street Brisbane Qld 4000

GPO Box 1855 Brisbane Qld 400 I Australia

Telephone 07 3233 8888 International + 617 3233 8908

Fa>! 07 3229 9949

Ausdoc OX 158 Brisbane Emalllnro@mccullough.com.au

www.mccullough.com.au

ABN 42 721 345 95 I

Please have the development control by-laws for Royal Pines, attached, gazetted.

Many thanlcs.

Yours sincerely

/ ·. ? ~ L~Jf~ \~~ Ian Hazzaa·d Partner

Copy Email colill.cassidy@dlgp.qld.gov.au

894999vl/S3

Partners Kerry Pnor AM Peter Stow.n Ann flaparrlck Malcolm McBnrll!y Bren Heading Bnd McCo1ker Dominic McGann Mark Well Tim Whitney Tony Cult•r SUI Morrl:•cy MattheW Ourg'Ju Peter McKnoulry Oamltn Clarke Scott Wedgwood Jamie McPherson Rodney Bell Jennifer Huuon Stuart Macnaughton Tony Stumm lan H>:'zard Dale CUll Brad Russell Helen DaY!: c;f.tof'lhDn l"n.:a~ P;mltl.: Ctii!U:u.'lhPr SR>n Rnhenson

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Consulunts Special Counsel Donald Palmer Prof Paul von Nessen Julie Wlrhey Prof Perer lfnle Sophie Ward P•rerGiU ((;) Klm Tnler Tracey Moore Michael Roch•ner Dr Amanda McOr.11n•y lav Oeeb 'lv,,IOIILS.G~.

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ROYAL PINES RESOJRT DEVELOPMENT CONTROL BY-LAVvS

I. INTRODUCTION- GENERAL PROVISIONS

1.1 Statement ofObjectiv.~s of By-laws

These by-laws regulate the quality of design and development within the Residential Precincts by:

(a) maintaining within the Resort a residential community which is aesthetically pleasing, functionally convenient and capable of maintaining itself by application and enforcement of standards compatible and consistent with the Design Objectives;

(b) promoting those qualities in the Resmt which bring value to the Lots;

(c) maintaining the Resort as an attraetive and functional place to live by requiring a harmonious relationship between Development and environment;

(d)

(e)

creating clear procedures and critr,rla for Development; and

not regulating matters controlled by the Building Code of.Australia, Gold Coast City Council or any other statutory authority.

1.2 Severability

If any provision of these by-laws is or beeomes void or unenforceable then that provision will be severed from these by-laws to the intent that all parts that are not or do not become void or unenforceable will remain in full force and effect and be unaffected by any severance.

1.3 Rules ofluterpretation

In these by-laws unless the context otherwise requires:

(a) words importing the singular include the plural and vice versa and words importing a gender include other genders;

(b) in the interpretation of these by-laws, headings will be disregarded;

(c)

(d)

references to any person includes reference to any individual, company, body corporate, association, partnership, :fmn, joint venture, trust and governmental agency;

reference to any act of Parliament or to any regulation will be read as if the words 'and any statut<Jry modification or re-enactment of it or substitution of it' were added to the reference.

1.4 Definitions

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In these by-laws:

'Act' means the Integrated Resort Development Act 1987;

'Apartment' means a Dwelling that has another Dwelling immediately above or below it and does not include an Attached Dwelling;

'Apartment Building' means a 2 Level Building that comprises primarily Apartments;

'Attached Dwelling' means a Dwelling attached to or touching another Dwelling and does not include an Apartment;

!Boundary' means a Front;-Side or Rear Boundary;

'Building Code of Australia' means the edition, current at the relevant time, of the Building Code of Australia (including the Queensland Appendix).published by the-body known as the Australian Uniform Building Regulation Coordinating Council and includes that edition as amended from time to time by amendments published by that body;

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'Building List' means the list of materials and colours nominated by the PBC from time to time as the approved materials for building construction and the colours thereof;

'Building Units and Group Titles Act' means the Building Unit and Group Titles Act 1980;

'Building' or 'Buildings' includes but is not 1imited to any Class Ia Building or Class 10 Building or part of one;

'Class Ia Building' means a Class la Building as defined by the Building Code of Australia from time to time;

'Class 10 Building' means a Class 10 Building as defined by the Building Code of Australia from time to time;

'Common Property' means any area designated as common property in a group titles plan or building units plan in the Resort;

'Council' means Gold Coast City Council;

'Covered Pa1·lting Space' means a space fully enclosed in a Cluss 10 Building or integrated in a Class Ia Building provided for the use of garaging or storing a motorised vehicle;

'Design Objectives' means the objectives referred to in by-law 1.5 and any further design objectives issued by the PBC under By-Law 3.1;

'Detached Dwelling' means a Dwelling not attached to or touching another Dwe1ling or another Building;

'Developer' means MID;

'Development' means any one or more of the following on any Lot or on any existing improvements on any Lot:

(i) construction, alteration, addition, modification, decoration, redecoration painting, repainting or reconstruction of any improvements;

(ii) excavation, filling or landscaping;

(iii) . planting or removal of any vegetation, trees or shrubs; or

(iv) civil infrastructure, such as water supply, electricity liries, sewerage services, gas, the Intercom System and the MA TV System;

'Dividing Fences Act' means the Dividing Fences Act;

'DRC' means the Design Review Committee established by the PBC under by-Jaw 4.1;

'DRC'S Duties' means the duties set out in by-law 4.4;

'Dwelling' means any Building or part of a Building comprising a self-contained unit used by, or intended for exclusive residential use of, one household and includes outbuildings;

'Fence Plan' means the plan forming annexure A to these by-Jaws;

'Fence Type Plan' means the plan contained in annexure B which details the fence types, materials for fence construction and fence heights;

'Front Boundary' means in respect of a Lot that boundary designated as the front boundary by the PBC when necessary for the purpose of these by-laws;

'Golf Course' means the golf course established within the Resort;

'Ground Level' m~ans the finished horizontal level of a Lot as specified by the PBC;

'Golf Precinct' means the area designated as such on the Precinct Plan;

'Height Control Plan' means the plan forming annexure C to these by~laws;

'Hill Precinct' means the precinct designated as such on the Precinct Plan;

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'Intercom System' means the audio intercom system approved by the PBC under by-law 3.40;

'Land Title Act' means the Land Title A<:t 1994;

'Lot' means a lot on a group titles plan or a building units plan in the Resort;

'MATV' means the system provided by the PBC for the distribution of free to air television stations; ·

'MID' means MID Australia Pty Ltd ACN 010 670 925 and includes its agents, servants or contractors;

'Occupiea·' means:

(i) the Registered Owner; or

(ii) a lessee or person occupying a Lot;

'Original Coostructi(]ln' means the original structures or improvements of any kind constructed by the Developer in the Residential Precincts.

'Park Precinct' means the precinct designated as such on the Precinct Plan;

'PBC' means the Royal Pines Resort Gold Coast Principal Body Corporate established under the Act;

'Plant Species List' means the list of plants nominated by the PBC from time to time as the approved plant species;

'Precinct Plan' means the plan forming Annexure D to these by-laws;

'PTBC' means the Royal Pines Resort Primary Thoroughfare Body Corporate established under to the Act;

'Primary Thoroughfare' means the primary thoroughfare as defined in the Act and as shown on the initial plan of subdivision registered in respect of the Scheme;

'Rea a· 'Boundary' means in respect of a Lot that boundruy designated as the rear boundary by the PBC wh~n necessary for the purpose of these by-laws;

'Registered Owner' means:

(i)

(ii)

the person for the time being registered or entitled to immediate registration under the Land Title Act as the owner of a Lot; or

a mortgagee in possession (as defined, if so defined, by the Building Units and Group Titles Act) of a Lot; ·

'Registered Professional Engineer' meuns an engineer registered by the Board of Professional Engineers as a Registered Professional Engineer of Queensland;

'Residential Precinct' means the residential precinct as defined in the Act;

'Resoai' means the integrated resort development situated at Ross Street, Ashmore known as the Royal Pines Resort and comprising the land, the subject of the Scheme;

'River Precinct' means the precinct designated as such on the Precinct Plan;

'Roof List' means the list, published by the PBC from time to time, of materials and colours approved by the PBC from time to time as materials for roof construction and colour;

'Scheme' mean the scheme of integrated development approved in respect ofthe Resort under the Act;

'Screened' means designed in such a manner to screen a service, machinery, equipment or the like from view;

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'Secondary Thoroughfare' means the secondary thoroughfares defined in the Act and as shown on the initial plan of subdivision registered in respect of the Scheme;

'Sections Plan' means the plan forming annexure E to these by-laws;

'SetBaclc' means a distance beyond which no part of a Building or other improvement may be erected or may project towards a Front, Side or Rear Boundary;·

'Shade Structure' means any structure flexible or otherwise, which is used to shade either the building or any part of the lot;

'Side Boundary' means in respect of a Lot that boundary designated as the side boundary by the PBC when necessary for the purpose of these by-Jaws;

'Site Coverage' means the percentage ratio of the total area of a Lot under roofs to the total area of that Lot;

'Storey' means that space within a Building which is situated between the floor of cine level and the floor of the level next above, or, if there is no level above, the top of the ceiling above. For the purposes of calculating the number of storeys for assessment of building height requirements only, the number of storeys in a building will be determined either as the actual number of storeys or by dividing the distance betWeen the top of the floor ofthe first storey and the top of the ceillng ofthe top most storey by 3.0 metres, whichever is the greater. Any fraction which results from the above calculation shall be deemed to constitute a storey.

Provided that:

(a) plant rooms containing heating, ventilation, lift and other equipment and water tanks and other similar service units and maintenance or common access stairs on the topmost level do not constitute a storey unless they cover more than 20% of the area of the roof or exceed 3.0 metres in height;

(b) basements which extend less than 1.0 metre from natural ground level to the top of the slab above do not constitute a storey; ·

(c:) ·Council may deem the area between the natural ground level and the floor above to constitute one or more storeys where such area substantially adds to the overall height of the Building;

'Tbomughfare' or 'Thoroughfares' means any Primary Thoroughfare, Secondary Thoroughfare or both;

'Village' means a parcel of land within a Residential Precinct reconfigured by a building units plan or a group titles plan;

'Wall' means outside face of exterior cladding of a building;

'Waterway' means the inundated land within or adjoining the Resort;

'Western Precinct' means the Residential (Western) Precinct as defined in the Scheme;

tzero Lot Line DweJiing' means a Detached Dwelling one wall of which abuts a Boundary but does not include an Attached Dwelling;

'Zero Lot Line Lot' means a Lot on which a Zero Lot Line Dwelling may be constructed.

1.5 Design Objectives

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The Design Objectives are:

(a) It is ofbenefit to all proprietors of Lots for these by-laws to establish design, material, colour, use and replacement standards to maintain and preserve the original architectural and land planning features of the Resort. These standards are to protect the character aqd value of the Resort and of residences from unplanned and

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unauthorised changes of a visual or physical nature that might detract from the concept of the Resort as a first class residential community.

(b) In designing the improvements within Residential Precincts the designer must have the following objectives (i) · to create a first class residential community in terms of architectural form,

detail, landscaping and external design which is aesthetically pleasing, functionally convenient and appropriate to lifestyles enjoyed on the Gold Coast;

(ii) to provide variation in the design of residences within each Village to giv~ a sense of individuality to each resident;

(iii) to design buildings:

(I) that maximise vit:w opportunities to all residents;

(2) that preserve and enhance natural features of the Residential Precincts;

(3) that ensure compatibility of scale within each Lot and its surroundings;

( 4) that allow for use1able, private outdoor areas as an extension to indoor living spaces in each residence.

(iv) to establish building/ thoroughfare relationships that are varied with integrated hard and soft landscape elements so as to create a 'sense of place' within each Village;

(v) to provide a high level of privacy for residents through the considered placement of windows, doors, screens, fences and plantings;

(vi) to take full advantage of the individual characteristics of each Lot and of each part of the secondary thoroughfare and ofteclmological advances and of environmental values; and

(vii) to promote building design and construction techniques that respond to envirorunental quality and energy conservation considerations.

1.6 Application of By-laws

These by-laws:

(a) bind the PBC, the members ofth~ PBC, and the Occupiers to the same extent as if these by-laws had been signed and sealed by the PBC, each member of the PBC and each Occupier respectively and as ifthey contained mutual covenants to observe and perform all the provisions of these by-laws;

(b) apply to the Residential Precinct or part of the Residential Precinct where so specified in a particular by-law.

2. CONDITIONS OF RESIDENTIAL DEVELOPMENT

2.1 No Occupier will undertake any Development on a Lot in the Resort until PBC approval has been obtained and, where necessary, Council approval has been obtained.

2.2 All Development will comply with the requirements set out in these by-laws and all statutory requirements.

2.3 All Development must be undertaken in a manner which ensures minimum disruption to Occupiers and, in particular, the following job site ('site') conditions must be complied with:

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(a) the site must remain in a tidy, orderly and safe condition tlu·oughout the construction process;

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(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(k)

(I)

(m)

(n)

(o)

(p)

(q)

(r)

(s)

(t)

vacant Lots ar~ to be maintained at all times, that is free from rubbish and excessive vegetati_on. Adjoining vacant Lots ane not to be used for the storage or dumping of any construction materials or debris u.nless prior arrangements have been made with the Jot owner and the PBC;

for security purposes, the Occupier must furnish the PBC with a list of all contractors associated with a particular Development prior to the commencement of the development;

the Occupier must provide the PBC with a 24 hour emergency contact number regarding a particular Development;

ablution facilities in accordance with Council by-laws are to be provided at the commencement and for the total period of the Development and are to be Screened from the Thoroughfare;

the doors of these facilities must face the Lot and the facilities must be cleaned weekly;

construction hours are Monday to Friday 7.00am to 5.00pm, Saturday 7.00am to 3.00pm excluding Good Friday, Anzac Day, Christmas Day, Boxing Day, New Year's Day and other designated public holidays;

any damage to an area outside the Lot must be notified to the PBC immediately;

the Occupier must ensure that contraetors provide suitable facilities ( eg, a rubbish skip) for the temporary storage of building material immediately construction has commenced upon the Lots;

rubbish must not be a1lowed to blow into Waterways or Thoroughfares, any adjoining Lot, or Common Property and the PBC reserves the right to remove such rubbish at the Occupier's expense;

no building debris is allowed to accumulate on any vacant Lot or on any Thoroughfare;

costs associated with rubbish removal will be deducted from the development bond provided under by-law 4.5(g)(iv);

the Secondary Thoroughfare must be kept clear of all building materials, rubbish and/or equipment;

the Occupier must ensure that its contractors do not bring dogs into any residential area. Contractors with dogs will not be given access and will be instructed to leave the Resort;

dirt, gravel or any other material shall not be left on a Thoroughfare;

soil, sand and other building and landscaping materials must not be stockpiled on a site for more than seven (7) days. Excavated soil and other material must be removed from a site within seven days after excavation;

radios, tape recorders, compact disk players and other broadcast or noise reproduction systems must not be played on a site at a volume over 40 decibels measured within one meter in front of the speakers;

the speed limit throughout the Resort is 40km/h. The Occupier must ensure compliance with this requirement by its contractors. Failure to comply will result in the banning ofthe offending vehicle from the Resort;

excavated soil mustnot be stockpiled on the Lot, adjacent Lots or on any Thoroughfare, and must be removed from the Resort;

council soil/silt erosion control practices must be implemented on the site.

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2.4 Occupation of a Development

No Occupier shall occupy any Development until:

(a) all statutory in~pections have been completed;

(b) all as built documentation has been delivered in accordance with by-Jaw 4.9(b);

(c) final DRC inspection has been undertaken and an approval has been issued.

Occupation before compliance wjth paragraph (c) may, at the discretion of the PBC, result in forfeiture of the development bond.

3. DEVELOPMENT GUIDELINES

3.1 Design Objectives

3.2

The PBC may from time to time issue minimum design objectives and guidelines for any Development. These Development Control By-Laws prevail in the event of any inconsistency with the design objectives and guidelines.

Ground Level

The level of any part of a Lot may only be altered with PBC approval. The maximum .Building heights will be calculated from Ground Level.

3.3 Preservation ofViews

All Buildings and landscaping must be constructed so as to maximise view opportunities for the Occupiers and to ensure views from existing Buildings are not substantially or unnecessarily impaired.

3.4 General Controls and: Provisions

The PBC (by itself its agents employees or contractors) has the right to enter any Lot and Building at all reasonable times after reasonable notice to install, maintain, repair, investigate faults in and upgrade services, including telephone answering, videotex, community antenna television and security.

3.5 Western Precinct

By-laws 3.6 to 3.45 apply to Development in the Western Precinct, or as specified, unless a contrary intention appears in by-laws 3.43, 3.44 or 3.45, in which case the latter prevails.

3.6 Permitted Dwelling Types

Dwelling types listed opposite each Precinct on the Precinct Plan are pennitted on Lots located within the relevant Precinct.

3.7 Building Materials and Colour Controls

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(a) Exterior cladding must consist predominantly of masonry or rendered fibre cement sheet (with a finished decorative coat up to 2 millimetres aggregate in size) consistent with other Class Ia Buildings. Masonry is to be either rendered and painted, bagged and painted, texture rendered (on proprietary sheeting) or integrally finished.

(b) Unfinished brick, blockwork, fibre cement sheeting or timber cladding will not be petmitted. Face brickwork is to be restricted to 10% of the visible surface if unpainted.

(c) Complimentary use of glazing, stonework (natural or reconstructed), timber (painted or stained) and architectural finishes will be pennitted.

(d) Exterior wall cladding must be light shades of muted earth tones, in accordance with the Building List and othetWise c.omplimentary to the approved roof colours and compatible with other Buildings in the same Village.

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(e) Fascia boards, trim and exposed metalwork must be colour co-ordinated with the Buildings on the Lot. Unpainted metalwork is not pennitted.

(f) Roofing materials may only be Colourbond or similar mr~tal specified in the approved Roof List. Roof tiles will not be permitted. Roof colours should be within the range of tones illustrated in the Roof List. Black or dark coloured roofing will not be pe1mitted.

(g) Fences, storage facilities and retaining walls are to be colour co-ordinated with the Buildings on the Lot.

(h) Mirror finished sulfaces will not be pennitted. In the case of glass, applied films or tints which give a mirrored finish and can be seen from outside a Lot will not be allowed.

(i) All Screens must be constructed of materials and painted in colours complimentary to the Class Ia Building on the Lot to ensure that they are as unobtrusive as possible.

G) Structures used to Screen pool filters pumps and other external machinery must be of a first class standard in quality and workmanship compatible with the design of other Buildings on the Lot.

(k) Hardstand areas must not be unfinished concrete, grey, black or white.

(I) Garage doors must be of panel-type material and designed to be natural (timber/metal) or colour-complimentary to the Building.

(m) Driveways and crossovers (if any) art} to be constructed wit}). stone pavers, clay pavers, concrete (precast) pavers, coloured concrete, exposed aggregate or combination tile and aggregate and is to be of the highest quality. Stamped or stencilled patterns or plain concrete is prohibited.

3.8 Site Covea·

The maximum permissible site coverage for cacb Lot is 50%.

3.9 Landscaping

(a) Soft and hard landscaping, including swimming pools, must represent a minimum of 40% of the site area of each Lot.

(b) . Plant species must be selected from the Plant s.pecies List.

3.10 Dwelling size

The minimum permissible floor ~rea for a Dwel1ing other than nn Apartment, including the area of a double garage or carport and deck structures, is 220m2

• The minimum net living area is 180m2

•

3.11 Front and Side Boundaa-y Setbaclcs

(a) The Front Boundary Setback is at least 3 metres in all cases.

(b) The Side Boundary Setback is to be a minimum 1.5 metres on the Ground Level and 2 metres on the upper Level.

(c) The Setback to the secondary street for corner lots is in accordance with the by-law 3.ll(b) above.

3.12 Rear Boundaa-y Setbaci(S

Subject to by-laws 3.13, 3.14 and 3.15, the Rear Boundary Setback is to be a minimum of 6 metres.

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3.13 Nerang lliver Setback

No Development will be permitted within l 0 metres from the top of bank along the Nerang River as shown on the Sections Plan.

3.14 Ashmore Road Set bade

No Development will be permitted within 10 metres from Ashmore Road.

3.15 Western Setbacks

No Development will be pennitted within 10 metres from the western boundary of the Resort which abuts Reed Street in the north to the Nerang River in the south.

3.16 Overhangs

The minimum overhang requirement is 0.6 metres. Windows must have hoods where there are no overhangs.

3.17 Pergolas and shade structures

There are no Setback requirements for pergolas or similar structures such as Shade Structures providing they are integral with the Dwelling and do not exceed 2.4 metres from Ground Level. Sails and fabric awnings are pennitted provided they are premium quality durable materials.

3.18 Height Limits

The height limit of all Dwellings must comply with the Height Control Plan.

3.19 Stepped Dwellings

Each step (where the height of the walls of a Detached Dwelling are stepped) will be considered separately for the purposes of tpese by-laws. ·

3.20 Decl<S

Decks over sloping banks in the Golf Precinct, Park Precinct or River Precinct must be supported on posts. Where sides are to be enclosed, battens or such other similar design, to blend with the landscaping must be used. Solid retaining walls are prohibited.

3.21 Roofs

(a)

(b)

Roof pitch is to be no more than 22%. Roof penetrations, gutterings and down pipes must compliment the colour scheme.

Solar panels must be flat panels, either surface mounted or integrated as part of the roof sheeting and no other structures (for example television antennas) are pennitted on roofs. ·

3.22 Vacant Lots

Vacant lots, other than Lots on which construction works are to commence imminently, must be kept grassed, mowed and in a clean and tidy condition.

3.23 Sigoage

Subject to by-law 3.24, signage on, in or around Lots is prohibited.

3.24 Signs

(a)

(b)

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One builder's sign, of a size and shape with words and colours approved by the PBC, in the sole dis1::retion of the PBC, is pennitted for each Lot.

One 'for sale' sign, of a size and shape with words and colours approved by the PBC, in the sole disr;retion of the PBC, is pennitted for each Lot.

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3.25 Cat· parking

Each Lot must have provision for 2 Covered Parking Spaces and. 2 visitor car parking spaces.

3.26 GolfBuggies

Golf buggy storage must be integrated within a carport or garage and the design of the Dwelling.

3.27 Play equipment

Any play equipment must be positioned away from adjoining Lots by at least 1.5 metres on the Side Boundary and 2.5 metres on the Rear Boundary.

3.28 Swimming pool

(a) Swimming pools and spas are discouraged within the 3 metre Front Boundary Setback referred to in by~ law 3.11 (a) .

(b) Swimming pools and spas must be Screened from public view.

(c) Swimming pools and spas constmcted in a flood zone must not project more than 1 metre above the established flood Iewl unless the volume of the swimming pool or spa above that level is balanced by a contribution to the flood storage of a similar volume.

(d) Pump equipment must be Screened and housed in a marmer to minimise noise and nuisance to neighbours.

3.29 Tennis courts

(a) Tennis courts generally will be permitted only on an adjoining Lot belonging to the same Registered Owner and on which there is no Dwelling.

(b) Tennis courts must have a minimum Setback from any Boundary of3 metres, which can be reduced to 2 metres with prior PBC approval where there is dense landscaping sufficient to screen the court at least up to 3 metres above Ground Level.

(c) Tennis courts must be fenced and the fencing, which is not to be higher than 3.metres, must be black pvc chain wire with matching posts.

(d) Lighting must be positioned so that it does not shine into or onto adjoining Lots or Thoroughfares and m,ust not produce an illumination greater than 8 lux when measured at any point 1.5 metres outside the Lot from Ground Level to a height of 10 metres.

3.30 Gat·den sheds

Garden sheds must be discretely Screened, located at the side or rear of a Lot and coloured to compliment the colour scheme of the Dwelling.

3.31 Clothes line

Clothes lines must be discreetly located so they are not visible from any adjoining Lot, Thoroughfare or from the Golf Course.

3.32 Temporary sh·uctures

Any temporary structures must be located to the rear of the Lot and Screened.

3.33 Plant and equipment

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Plant and equipment must be Screened and constmcted or installed in such a manner to prevent staining on walls or pavements.

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3.34 Letter boxes

(a)

(b)

Letter box design is to be integrated into the design of the Dwelling. Stand alone letter boxes are prohibited.

Street numbers must be included as part of each letter box. Illuminated street numbers are preferred.

3.35 Flag poles

Flag pole design, construction and location on a Lot are to be approved by the PBC on a case by case basis.

3.36 Insect screens and security screens

Insect and security screens must be unobtrusive.

3.37 Exterioa·Jighting

All exterior light fittings must be located so that they do not shine into or upon adjoining Lots. The style and colour of all fittings must compliment the colour scheme of the Dwelling.

3.38 Aerials, dishes and te!evision antennas

Aerials, dishes, television antennas and the like cannot be located on roofs and where located must be Screened so they are not visible trom an adjoining Lot, Thoroughfare or from the Golf Course.

3.39 Fences

(a) Chain link or sheet metal fences nre prohibited.

(b) Fences must be constructed in accordance with the Fence Plan, the Fence Type Plan and Item 5 of the Cross Sections Plan.

(c) Item 5 ofthe Cross Sections Plan is as follows -

"5 The tirst 1Om of Land from the Riverbank may, at the option of the Developer, remain unfilled and in a natural state except for minor regrading works required to allow free drainage. No imprpvements shall be constructed within the distance of 1Om from the top of the bank."

(d) All boundaries of Lots which abut the Golf Course must be fenced in accordance with these by.laws. If side fence access to the Golf Course is also available from a Lot which abuts the Golf Course, then the boundary of that Lot from which side access is available must also be fenced in a manner consistent with the fencing of the boundary which abuts the Golf Course.

3.40 Intercom System

633535vl

(a) The Intercom System must be installed in all Class la Buildings and must be purchased from the PBC or the PBC's preferred supplier, at the price nominated by the PBC, before release of any approved plans by the PBC. No other type of intercom system nor any other installation contractor will be approved to install the Intercom System.

(b) The Intercom System must be located in the garage or PBC approved locations in each Class Ia Building.

(c) Devices may not be connected or added to the Intercom System without the consent of the PBC.

(d) No audible alarms, alarm devices or flashing lights are permitted on the outside a dwelling.

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3.41 MATV System

(a) The PBC may provide the MA TV Sysiem for use by Registered Owners .

(b) The PBC may from time to time presc.ribe and charge fer~s payable for use of the MA TV System.

3.42 Access Strip

(a) Each Occupier must:

(i) when applying under these D~:velopment Control By-Laws for approval for Development of a Lot, apply for approval for landscaping (as part of that Development) of the land bet\,een the Front Boundary and the thoroughfare (be it Primary Thoroughfare, Secondary Thoroughfare or Common Property) from which the Lot is accessed; and ·

(ii) in undertaking the Development, unde1take that landscaping.

(b) However. the Proprietor or Occupier as the case may be is not responsible for maintenance of that landscaping.

3.43 Attached Dwelling

(a) The Setbacks and height restrictions under these by-laws apply to an Attached Dwelling as if it is one Dwelling.

(b) Common walls between Attached Dwellings must contain acoustic and fire retardation material acceptable to the PBC.

(c) The form must be stepped in plan where there are more than 2 Attached Dwellings.

(d) The number of Attached Dwellings forming a continuous Building must not exceed 4.

3.44 Zero Lot Line Dwelling

(a) MID may from time to time designate Lots as Zero Lot Line Lots;

(b) The minimum Side Boundary Setback for the 'built to boundary' Side Boundary is:

(i) 20 to 50 millimetres for the lower Storey for a maximum of 50% of its length;

(ii) 2 metres for the remaining 50% of the lower Storey;

(iii) 2 metres for the upper Storey.

The minimum Side Boundary Setback for the other Side Boundary is:

(iv) 2 metres for the lower Storey; (v) 2 metres for the upper Storey.

(c) The maximum building height from Ground Level to the highest point of projection will not exceed:

(i) 4.5 metres on the 'built to boundary' Side Boundary;

(ii) 8.5 metres elsewhere.

(d) Screening must be provided up to 1.8 metres high where a courtyard abuts an adjoining Lot.

3.45 Apartment/Apartment Building

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(a) There must be direct access from the living areas of an Apartment Building to private open space of at least 25 square metn~s, with one dimension a minimum of 4 metres.

(b) There is an emphasis on Screening. The distance separating habitable rooms which face each other must be at least:

(i) (ii)

9 metres on the lower Storey;

12 metres on upper Levels.

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(c) The length of any wall facing the road must not exceed 15 metres unless it is articulated (for example, stepped by a minimum of 1 metre)

(d) The maximum height is 2 Storeys.

(e) Driveways and crossovers (if any) are to be constructed with finished concrete, asphalt, exposed aggregate or concrete pavers.

4. Design Review Committee

4.1 Appointment ·

(a) The PBC has resolved to establish the DRC to carry out the DRC's Duties.

(b) If MID is not the Registered Owner of any Lot the DRC will have 3 members. J.f MID is the Registered Owner of a Lot the DRC will have 4 members.

(c) The PBC will appoint 3 members from time to time to the DRC for a term nominated by thePBC.

(d) IfMID is the Registered Owner of a Lot, it will appoint 1 member from time to time of the DRC for a term concurrent with that of the members appointed by the PBC.

(e) Persons appointed by the PBC need not be members of a body corporate which is a member of the PBC.

(f) The PBC retains the right at any time to appoint or replace members of the DRC appointed by jt and MID retains the right at any time to appoint or replace the member of the DRC appointed by it.

(g) The PBC will appoint a chairman of the DRC and may employ any officers for its efficient operation as it deems appropriate, but iflviiD is the Registered Owner of a Lot, the chairman will be the member of the DRC appointed by l\.1ID.

4.2 Meetings

(a) The DRC will meet from time to time as necessary to perfonn DRC's Duties.

(b) 3 members of the DRC in person or by proxy will constitute a quorum, one of which must be the member appointed by MID or his nominated representative or proxy, where MID is the Registered Owner of a Lot.

(c) Decisions will be made by a majority on a show of hands by members at the meeting. Each member has one vote. However, l\IIID's representative has a right of veto.

(u) The DRC may from time to time, by resolution unanimously adopted in writing, designate one or more of the members to investigate or perform any duties for and on behalf of the DRC and report those findings to the DRC.

(e) The vote of the majority ofthe members of the DRC will constitute an act of the DRC.

(f) A member of the DRC who is absent from a meeting may appoint another DRC committee member as his or her proxy~ An appointment must be in writing signed by the person making the appointment The proxy must be delivered to the secretary of the PBC before the relevant committee meeting and may be faxed.

(g) Members of the DRC will receive reimbursement for expenses incurred by them in performing t.he DRC'S duties plus such other amounts approved from time to time by the PBC.

4.3 Design Professionals

The PBC or the DRC must appoint design professionals fi·om time to time to assist the DRC in properly performing the DRC's Duties. The qualifications of the design professionals

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appointed will be determined by the PBC and they will be persons qualified and competent to practise in the sole opinion of the PBC in the design of the relevant Development.

The following design professionals shall be the minimum requirement for reviews:

Executive Architect -Class Ia, Class 10 developments.

Executive Landscape Architect -Landscaping.

Executive Engineer - Swimming Pools.

Executive Geotechnical Engineer - Class la and 10 buildings.

These positions shall be reimbursed at a rate set from time to time by the PBC.

4.4 DRC's Duties

The duties of the DRC will be to:

(a) consider applications for PBC approval to a Development referred to the DRC by the PBC and advise the PBC if the application complies with these by-laws including the minimum design objectives and guidelines for any Development issued pursuant to by-law 3.38 or, where no minimum design objectives and guidelines have been issued, if the application is consistent with Development on other Lots within the immediate precinct of the Resort;

(b) recommend to the PBC that an application referred to the DRC be approved (conditionally or unconditionally) or that the application be disapproved;

(c) inspect the Development in. progress or completed to ensure its confonnity with the PBC approval and advise the PBC if any Development is not being carried out or has not been carried out in accordance with the approval; and

(d) petfonn such other duties on behalf of the PBC as from time to time will be assigned to it by the PBC.

4.5 Applications for PBC Approval

(a) Written applications on the form provided by the PBC for PBC approval for any Development, which may only be made by the Registered Owner or a person with the written consent of the Registered Owner ('applicant'), must be accompanied by:

(i) floor plans (including site ratio, site coverage ratio)- 5 copies;

(ii) site plans - 5 copies;

(iii) drainage plans - 5 copies;

(iv) landscaping plans- 3 copies;

(v) dwelling plans (including elevations and cross sections) and specifications- 5 copies;

(vi) swimming pool plans - 5 copies;

(vii) results of a geotechnical investigation- 2 copies;

(viii) Engineer's report certifying the structural soundness ofthe proposed design from the results of the geotechnical investigation - 2 copies;

(ix) descriptions and samples of exterior materials and colours and external light fittings - l set;

(x) construction arrangements, techniques and proposed access to the Lot- 1 copy;

(xi) construction program with clearly stated start/completion dates;

(xii) the fee determined by by-law 4.8;

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(xiii) reports of appropriately qualified professionals certifying compliance with specific requirements of these by.Jaws where required by the Council or the PBC;

(xiv) certification from a registered engineer that any swimming pool, spa pump, air conditioning, or plant operating noise is within acceptable levels.

(xv) list of suppliers;

(xvi) any other inf01mation required fi·om time to time by the PBC.

(b) In the case of a swimming pool, 5 plans indicating:

(i) structural design of the swimming pool;

(ii) a plan location of the swimming pool; and (iii) certification by a registered engineer.

(c) Applications must be submitted to the address for service ofthe PBC as defined in the Act. ·

(d) The PBC must refer all applications to the DRC for consideration and after the PBC has considered the reconunendation of the DRC and any other matter the PBC considers relevant the PBC must give the applicant written notice approving the application (conditionally or unconditionally) or disapproving the application.

(e) The PBC is not bound to follow the recommendation of the DRC.

(f) If the DRC advises the PBC that the DRC requires additional inf01mation before the DRC can make a recommendation, the PBC must write to the applicant asking for the additional information.

(g)

(h)

(i)

(k)

Where the PBC approves an application conditionally, the conditions may include but are not limited to: (j) submission of any additional plans and specifications ot· such other

information as required by the PBC; (ii) changes being made to any of the items or infonnation included in the

application; (iii) commencement of the Development will be within three (3) months and

completion within 9 months; and (iv) payment by the Occupier to the PBC of a bond or bank guarantee of such

amount determined by the PBC having regard to the level or extent of the Development proposed, to be held by the PBC as security for the Occupier carrying out the Development in accordance with the PBC's approval and for any damage caused by the Occupier or by the Occupiers contractors servants agents or employees.

The PBC may use the bond or bank guarantee to reimburse the PBC at any time for any expenses incurred under by-law 5.2 and for any damage caused by the Occupier or by the Occupiers contractors servants agents or employees.

The Occupier may be required to execute a development bond agreement in the tenns required by the PBC.

If on the final inspection the PBC discovers that there have been changes to the development from the original PBC approved development plan without PBC approvals to changes, then the PBC may deduct up to $500, as determined by the PBC from time to time, fi·om the development bond for each change or use the development bond to undertake work required· to reinstate the development to that approved by the PBC.

The bond or bank guarantee will be ret11rned to the Occupier when the completed development has been approved by the PBC.

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(I) Occupation of a Development prior to approval by the PBC will result in f01feiture of the development bond or the amount secured by the guarantee.

(m) Where approval (conditional or unconditional) has been given, the Occupier or the Occupier's contractors servants agent or employees must, unless the application is at any time withdrawn, carry out the Development in accordance with the approval.

(n) All approvals must be affixed with the PBC approval stamp and undersigned by a person authorised by the PBC for this purpose.

(o) The DRC is to give the applicant, the proprietors ofimmediately adjoining Lots and the body corporate under the Building Units and Group Titles Act of which the proprietor of the Lot is a member, a copy of its recommendation to the PBC.

(p) The PBC must consider the submissions (if any) of the applicant, those other proprietors and the body corporate, as well as the recommendation of the DRC, before making its decision on the Development application.

4.6 Examination criteria

633535vl

In considering whether a proposed Development is compatible and consistent with the purpose of these by-laws and with the design objectives and philosophy of the Resort, the DRC may apply the following criteria:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

The proposed works are not to result in the unnecessary destruction or blighting ofthe natural landscape or of the achieved man-made environment.

The proposed works are to be compatible with the architectural characteristics of the overall appearance of the the Residential Precincts and the Resort, and with surrounding land forms and vegetation. "Compatible" in this by-laws means similar in architectural style, quality ofworlcmanship, use of materials, colour and construction methods.

The proposed works are to relate favourably to the landscape, the eY..isting improvements on the Lot and the Residential Precincts and the Resort, and particular regard is to be had to access, view, sunlight, ventilation, drainage and sight and sound buffers.

The size (in three dimensions) of the proposed works are to relate well to adjacent structures and to the surroundings of the proposed works.

The proposed works are not to result in or involve excessive or unsightly grading, indiscriminate el'!rth moving or clearing of property, removal of trees and vegetation which could cause disruption of water courses (natural and non-natural) or scar landforms (natural and non-natural).

The location and configuration of works are to be visually harmonious with the terrain and vegetation of the Lots, the Residential Precincts and the Resort and the improvements to the Lots, the Residential Precincts and the Resort and are not to unnecessarily block scenic views from existing structures or tend to dominate any exi~ting works or landscape.

Landscaping is to provide visually pleasing settings for structures on the same Lot and on adjoining or nearby Lots so as to blend harmoniously with the existing landscape.

Exterior finishes and colours created or used by the Developer are to be maintained to conserve the original character.

Building materials used in any proposed works are to be of an equivalent standard and compatible with materials used in the existing structures on the Lot.

All works are to be of flfst class quality.

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(k) No portion of any building except chimneys or other architectural appurtenances is to project beyond the measured height above Ground Level established by the existing structures, nor is the number of stories contained in any building to be increased above the number contained in the Original Construction.

(I) All works are to be completed promptly (recognising that works which remain uncompleted for long periods oftime are visually objectionable and can create a nuisance and safety hazard for residents).

(m) Exterior lighting is to be uncoloured, incandescent, not excessively bright and is not to create excessive glare. High wattage spot and floodlights are to be discouraged. Any spot or floodlights are to be shielded and/or positioned so that the sources of light is not directly visible from outside the Lot and so that the intensity ofthe light is not excessive or inappropriate to a residential situation.

(n) Fence extensions are to be discouraged. If approved, fence extensions are to be consistent with existing fence construction and in harmony with other fences.

( o) The planting of any additional trees and shrubs on a Lot is not, having regard to the projected growth pattern of the trees and shrubs, to interfere with the present or future amenity of otl1er residents.

(p) The PBC must consider the submissions (if any) of the applicant, any other proprietors and the body corporate, as well as the recommendation of the DRC, before making its decision on the Development application.

4.7 No Waiver of Future Approvals

The approval of the PBC to any Development ~ill not constitute a waiver of any right to approve conditionally or disapprove any similar Development subsequently or additionally submitted for PBC approval.

4.8 Scale of Fees

633)35vl

(a) The PBC may establish a scale offees payable from time to time to the PBC for submission of an application to the PBC. The PBC may vary the scale of fees at any time.

(b) The scale of fees will reflect the type of application including but not limited to a new Development application or alterations or extensions to an existing Development.

(c) The scale of fees may be structured as: (i) an initial fee payable at the lodgement of an application; (ii) a second fee payable for the review by the PBC of an application that has

been substantially amended payable at the time the application is re-submitted for approval;

(iii) a further fee for each subsequent review of an application that has been substantially amended or has not been amended in accordance with the requirements of the DRC payable at the time the application is re-submitted for approval;

(iv) additional fees payable upon request by the PBC to reimburse the PBC or the DRC for the cost of engaging any consultant including any design professional retained to assist the PBC or the DRC in considering an application;

(v) an Intercom System supply and installation fee; and (vi) a fmal 'Reinspection Fee' after the completion of unsuccessful secondary

final inspections.

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4.9 Inspection of completed Developments

Inspection of the completed Development will proceed under the following rules:

(a) The occupier must contact the PBC, and within 7 days the PBC will anange for the DRC to undet1alce a final inspection.

(b) Before the final PBC inspection, the Occupier must fumish to the PBC a full set of scaled 'as constructed' plans indicating:

(i) the plan of all buildings on the development;

(ii) all hard landscaping and irrigation; (iii) all soft landscaping i.e. flower beds;

(iv) the location of any swimming pool and associated plant and pipework; (v) the location of the following services:

• stormwater;

• sewerage;

• mains water;

• sprinkler valve & ferrule positions;

• telecommunications;

• MATV;

• Intercom System;

• electricity supply;

• underground lighting supply & transformer positions; and

• any other sub surface utility.

(c) If the DRC notifies the PBC that the Development has not been completed in accordance, with the PBC approval, the PBC will notify the Occupier in writing of the non-compliance specifying the particulars of non-compliance and requiring the Occupier to remedy the non-compliance within 3 0 days of receipt.

4.10 Non-Liability ofF·BC & DRC

(a) Neither the DRC nor any member of the DRC, the PBC nor their duly authorised representative, will be liable to any Occupier for any loss, damage or injury arising out of or in any way connected with any recommendation approval (conditional or unconditional) or disapproval given under these by-laws unless due to the wilful misconduct, bad faith, or criminal act of the DRC, its members, the PBC or their duly authorised representative.

(b) Approvals (conditional or unconditional) of any application will not be construed as compliance by the Development with any laws relating to or regulating construction of the Development or the structural soundness of the Development.

4.11 Non-compliance

(a) The PBC may permit non-compliance with these by-laws if:

(i) the Registered Owner makes a written request (or consents in writing to such request) for the PBC permission;

(ii) the non-compliance is of a minor nature; and (iii) the design objectives of the Resort will be enhanced.

(b) The PBC must notify its endorsement of non-compliance in writing to the Occupier.

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(

(c) The granting of any endorsement will not operate to authorise non-compliance with these by-laws for any purpose except as to the particular Lot and particular by-Jaw covered by the endorsement, and only to the extent specified.

(d) The PBC authorisation of non-compliance with any one of these by-laws will not affect in any way the Occupier's obligations to comply with all go~ernmental or other applicabl~ laws and regulations affecting the Development. ·

4.12 MID Development

(a) 1v1ID may undertake any Development at any time without complying with any one or more of these by-Jaws.

(b) Where MID undertakes Development which does not comply with one or more of these by-Jaws, compliance with these by-laws in respect of Development on the relevant Lot by an Occupier (other than MID), may be waived to the extent that in the sole opinion of the PBC compliance is impossible or the expense of compliance is prohibitive.

(c) The authorisation of non-compliance with these by-laws contained in this by-law will not affect in any way MID obligations to comply with all governmental or other applicable laws and regulations affecting the Development.

5. BREACH OF BY-LAWS

5.1 If the Occupier does not rectifY the non-compliance within the period set out in the notice delivered pursuant to by-law 4.9(c), the PBC (by itself its agents employees or contractors) may at the Occupiers expense enter the Lot and remove the non-complying Development or any part of it and the PBC may recover the e~penses as a liquidated debt from the Occupier or deduct the expense from the development bond.

5.2

5.3

If any person does not comply with by~ law 4.5, the PBC (by itself its agents employees or contractors) may enter the relevant Lot end remove the Development or any part thereof at the expense of the Occupier of that Lot and the PBC may recover the expense as a liquidated debt from the Occupier or deduct the expense from the Development bond.

If the PBC receives advice from the DRC under by~Iaw 4.4(c) that any Development in progress is not being carried out in accordance with the approval, the provisions of by-law 4.9(c) will apply as though the failure to carry out the Development in accordance with the approval was a non-compliance.

5.4 If any person does not comply with the Development guidelines set out in by-law 3, the PBC (by itself, its agents, employees or contractors) may enter the relevant Lot and remedy the breach (in any way it considers necessary including removing the offending Development or any part thereof) at the expense of the Occupier of that Lot and the PBC may recover the expense as a liquidated debt from the Occupier or deduct the expense from the development bond.

5.5 The PBC may take any other action it considers pecessary to remedy a breach of any one of these by~laws and may recover the expense to the PBC for taking that action from that Occupier as a liquidated debt or may require all work on the development site to cease and restrict the access of agents, employees or contractors.

6. INDEMNITY

Wbere there has been non compliance with one or more of these by~ laws the Occupier will indemnify, keep indemnified and hold the PBC, the DRC and any agent, employee or contractor of the PBC or the DRC harmless against all losses, claims, demands, and expenses whatsoever and howsoever arising which the PBC, the DRC or any agent employee or

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contractor of the PBC or the DRC sustains or incurs due to the non-compliance or to any action taken under by-law 5.

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Al'-JNEXURE A Fence Plan

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•\ ; . .

•. · ... ·.··

. .. . .. ~ .....

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c_.;: : __ -( .. ··.: .:·· ~~1rrillf~rru~1J~~~~~~~~2]1 ,·: ·· ;.:.:·::,=··.>:.· · <:<·~~rr~U::t:~P.mill:l::l-kl

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FOR.~l1_1q_A_L . . ; N. . SIDEAND'REAFt'Bb!JNDARY . 12 I? .

FEN'CE TYPES.. ~ N · .m~® :f'?.nc~by'o!lia~ :

~TxP.E@._- 1.2rj'rhigh: iransparenl (Rear~ndary Fon2:0) . NOTE:- , · . . · · '· ·

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.. ·.

. , .

. FE.NC.E TYP;E P.LAN·. ' ·

Suggested Models

Maximum Height 1200mm 1200mm 1800mm 1800mm 1200mm

Masonry . Masonry Slone Cons\tuction Materials Melal Shrubs I Hedge . Metal Metal . Hedge f Shrubs

Powder coaled black Nai\Kal Stone . Painted Render Powder coaled black Finishes or dark colour to suit . Powder Coated or dark colour lo suit

dwelling colour dwelling colour

Minimum setback !rom 1.0metre NIA 2.0 metres N/A N/A N/A

Front alignment

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ANNEXUREB Fence Type Plan

i ' '•

')}.~:.

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. . .

ANNEXUREC Height Control Plan

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riJ RESTRICTED ro· SINGLE ·STOREY OWELLINGS

(BALANCE TO BE RESTRICTED TO 2 STOREY DWElliNGS)

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: •• I

ANNEXUREE Sections Plan

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· .TYPICAl:. SECTI<iJN ~ tHROUGH SIJ;E WEST OF'ROSS STR!:Er TYPICAL SECTJON ·THROUGH RIVEiR EDGE WEST OF· ROSS S:r.REET

NOTE: l 'MlCAI.~ECnQNSJU lOIEWDJ<COitiM:TIDN'IITIIIliiE~ U~~~~~~~al\rAtt~CWUIL •

'· ~.~.i.UA:ui~pii;i.;.,.,~..m.,,.....,.~ :=:~===~~~~ •UUJtCTTOfl't"'"''l"'f"''~PP.Ot<I>~.Wwmt\',

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Page Number 29

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ANNEXURED Precinct Plan

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Page Number 30

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Page Number 31

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' Et.YIAIL TRANSMISSION

Partner

Direct Line

E-mail

Our Reference

3 March 2005

Mr Michael Silver

Iruf Hazzard

07 3233 8976

ihazzard@mccullough.com.au

IWH;MID554/ll

Stewart Silver King & Burns

Email J1tsilver@fskh. conz.au

Dear Michael

~ McCULLOUGH ROBERTSON

lawyers

Success. Ju business

Level 12 Central Plaza Two 66 Eagle StJ·eei Brisbane Qld 4000

GPO Box 1855 Brisbane Qld 4001 Australia

Telephone 07 3233 8888 International +617 3233 8888

Fax 07 3229 9949

Ausdoc DX 158 Br.isbanc Email info@mccullough.com.au

www. mccu I IQY.gb.9.9JP.Jl..!!

ABN 42 721 345 951

DEVELOPMENT CONTROL BY-LAWS-ROYAL PINES RESORT

May I please ask you to re-email me a fresh copy of the minutes of the meeting of the PBC at which the new Development Control By-Laws were appr~ved.

Many thanks.

Regards

( ( ~&--<- c) --'-.A/~ ll Ian Hazzard Partner

901445vl/SI

This document (Including attachments) Is only intended for Its addressee/s and may contain privileged or confidential Information. Unauthorised use, copying or distribution of this document or any part of Its contents, is prohlbHed. If you receive this document In error please telephone us and return it by post. We will reimburse you for any reasonable expenses Incurred In meeting this request.

Parlners Consullants Spoclal Counsel Kerry Prior AM fan Hauard oamleo Clarke aJII Morrissey Mark West Donald Palmer Prol Paul von Nessen Brell Heading Stephen Jones Jennifer Hu1son Scott Wedgwood MaHhew Burgess Juile Wilhey Prof Peter LIWe 11m Whitney Jay Deeb Dale Cliff Sluart Macnaughlon Jamie McPherson Sophie Ward Peter Gill Pelf'!r Mcl<noully Peler Stewart Palrick Gallacher Brad Russell Tony SIUmm KlmTraler Tracey Moore Jan Hughes Brad McCosker Ann Fitzpatrick Sean Rol>crtson Helen Davis Michael Roclleslcr Rodney Bell Tony Coller Dominic McGann Malcolm McBraloey Dr Amanda McBralney

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Page Number 32

MINUTES OF THE EXTRAORDINARY GENERAL MEETING FOR THE "ROYAL PINES RESORT PRINCIPAL BODY CORPORATE"

HELOATTHE OWNERS' LOUNGE, ROYAL PINES RESORT, Ross STREET,. ASHMORE, OLD, AT 5.00PM ON 61"JULY 2004 Present in Person Gary Johnston (Chairperson), Des Martin, John Griffin, Ross Milligan, Philip McDougall

In Attendance Michael Silver and Angela Quinton of Stewart Sliver l<lng & Burns (Gold Coast) Ply Ltd

Proxies Geoffrey Smith to Ross Milligan, David Collins to John Griffin

Apologies Sandra Baylis, Geoffrey Smith

Lots Represented Lo11 By proxy to John Griffin Lot 2 In person by Des Martin (Spring Terraces) Lot 3 In person by Philip McDougall Lot 4 By proxy to Ross Milligan (Bell Park) Lot 6 In person by John Griffin (Archer Hill) Lot 7 In person by Gary Johnston (Chalons Field East)

Quorum The Chairperson advised that a quorum was represented and declared the meellng open at 5.30pm.

MOTIONS FOR CONSIDERATION 1. CONFIRMATION OF MINUTES

RESOLVED BY ORDINARY RESOLUTION:· That the Minutes of the General Meeting dated 11th June 2004 as allached to this notice, be confirmed as a true and correct record of the meeting and that any consents and agreements executed pursuant to any resolullon of the meeting be ratified.

2. APPOINTMENT OF MID ENTERPRISES PTY LTD Explanatory Notes 1. 1 Royal Pines Resort ('Scheme11s an approved scheme under the Integrated Resort Development Act ('Act1. 1.2 The Royal Pines Resort Principal Body Corporate ('Principal Body Corporate? Is the principal body corporate created upon

reglstral/on of the first plan of subdivision creating lots within the residential precinct of the Scheme. 1.3 Subject to the Act, the Principal Body Corporate has the powers, author/lies, dulles and functions conferred or Imposed on it by or

under the Act or the development control by-laws, Including the duty to control, manage and administer and properly maintain and heep In a stat8 of good serviceable repair the secondary thoroughfare for the benefit of Its members, and shall do all things reasonably necessary for the enforcement of the development control by-laws, the secondary thoroughfare by-Jaws and the control, management and administra/lon of /he secondary thoroughfare.

1.4 The Principal Body Corporate, by virtue of /he provisions of the Act, has power to enter Into an agreement for the provision of services by it or any other person to any lot or to the occupier or proprietor thereof or to any parcel comprised in a group titles - . .

1. 5 MID Australia Ply Ltd ('Developer1 Intends /o undertalce development of the Western Precinct of /he Scheme In accordance with the approved Scheme, Including amendments approved by /he Governor In Council on 14 August 2003,

1.6 As part of the proposed development of the Western Precinct, the Developer Intends to cause the 'Royal Pines Lakeview' Body Corporate to be established within the Western Precinct of the Scheme by registra/lon of a group titles plan, a copy of which is attached and marked 'A" ('Lakeview GTP1. Cetiain parts of the land forming part of the 'Lalceview Body Corporate' will be designated as secondary thoroughfare.

1. 7 The Principal Body Corporate, in discharge of Its duties and in the proper exercise of its powers under the Act, proposes to enter into an agreement with MID Enterprises Ply Ltd ACN 109 492 391 to perform certain duties and provide certain services for the purpose of ensuring the betler control, management and administration of the areas of secondary thoroughfare within the Lakeview Body Corporate In terms of the management agreement al/ached and mar/ced 'B' (Management Agreemen/1.

RESOLVED BY ORDINARY RESOLUTION:· Resolved that: (a) the Principal Body Corporate approves the appointment of MID Enterprises Ply Ltd ACN 109 492 391 to perform certain duties

and provide certain services on behalf of the Principal Body Corporate in respect of the areas of secondary thoroughfare wilhin the Lakeview Body Corporate in terms of the Management Agreement, upon the establishment of the Lakeview Body Corporate; and

(b) the Executive Commllfee be authorised to endorse its consent and affix the Body Corporate seal to the original of the Management Agreement.

ROYAL PINES PRINCIPAL BODY CORPORATE- EXTRAORDINARY GENERAL MEETING- 6TH JULY 2004

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.Strat~lint; STE\NAJrr SILVER -· ,.,_. __ -~;(,;i~z;.~:.- · ····· ···- ···-···- ---····--······· --- ··- ----··· ·· ····-··· ··-········--·····-----·--·--··--·····-········--··-·----·-··-····--··· ··---f<Tf~c:··x·i\iii-fioifr~s-··· ----

t:tiW.MfTY 1111 H ~wv,,,EMf. tll

3. REPLACEMENT OF BY·LAWS Explanatory Notes 1.1 Royal Pines Resort ('SchemeJ is an approved scheme under the Integrated Resort Development Act ('ActJ. 1.2 The Royal Pines Resort Principal Body Corporate ('Principal Body Corporate? is the principal body corporate created upon

registration of the first plan of subdivision creating lois within the residential precinct of the Scheme. 1.3 MID Australia Ply Ltd ('Developer? intends to undertake development of the Western Precinct of the Scheme in accordance with

the approved Scheme, including amendments approved by the Governor in Council on 14 August 2003. 1.4 The Principal Body Corporate, by Special Reso/uflon, made th_e development control by-laws at/ached as Annexure A ('Existing

Development Control By-Laws) to regulate the quality of design and development with the residential precincts of the Scheme. 1. 5 With the development of the Western Precinct of the Scheme ills proposed to amend the Existing Development Control By-Laws

by replacing them with the new development control by-laws attached as Annexure B ('New Development Control By-Laws). Upon the Implementation of the New Development Control By-Laws the existing arrangements with respect to the Eastern Precinct will be preserved and the new arrangements for construction of residential dwellings within the Western Precinct are deal with the proposed by-laws 3. 6 to 3. 45.

1.6 There are no other substantive changes to /he Existing Development Control By-Laws, and the other amendments are primarily changes to style and formatting.

RESOLVED BY SPECIAL RESOLUTION:·

Resolved that: (a) the Existing Development Control By-Laws be replaced in their entirety by the New Development Control by-Laws; and (b) the new Development Control By-Laws be submitted to the Minister for approval and gazettal pursuant to seclion 176(5) of the

ln/egrated Resort Development Act.

CLOSURE There being no further business the Chairperson declared the meeting closed at5.45pm

CHAIRPERSON _____________ DATE ___ _

ROYAL PINES PRINCIPAL BODY CORPORATE· EXTRAORDINARY ()ENERAL MEETING - 61H JULY 2004

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MC05 2190- TPA 1259

0 5 (' C'J £005

Mr lan Hazzard Ministerial

Partner Correspondence :::u "0

McCullough Robertson Lawyers (j} CD >

2 9 AUG ZOU5 0

'{i) CD GPO Box 1855 u <t BRISBANE QLD 4001

(t) CD 0::: 0.

l __ Manager

Dear Mr Hazzard

I refer to your letter of 21 February 2005 regarding proposed amendments to the Royal Pines Resort Principal Body Corporate Development Control By-laws.

You did not indicate in that letter the extent of the proposed amendments to the by-laws. You indicated by email that the changes of significance were referred to in Development Control by-laws 3.6 - 3.45 relating to development in the new Western Precinct at Royal Pines Resort.

While undertaking review of the proposed by-laws, it is apparent that the proposed Development Control by-laws not only insert new by-laws 3.6 - 3.45 but also amend a number of the existing Development Control by-laws.

After consideration of the requirements of the Integrated Resort Development Act 1987 (IRDA), I consider that a number of the proposed by-laws exceed the powers of the Principal Body Corporate.

Accordingly, I have decided to refuse the proposed amendments.

I draw your attention to section 176 of the I RDA which confers upon the Principal Body Corporate the power to make by-laws regulating the quality of design and development within the residential precinct. Section 176(2) of the Act further specifies how the power to make by-laws is to be exercised, ie "the development control by-laws may regulate the size, shape, height, colour, texture and overall placement of buildings or structures within the residential precincf'.

A significant number of the proposed by-law amendments do not regulate the size, etc of buildings or other structures within the residential precinct. I attach a list of those by-laws and trust that future proposed by-laws will conform to the powers ih section 176 of the IRDA

I note that many of the ultra vires by-laws fall into the category of Residential Zone Activities By-laws which are not provided for in the IRDA. Departmental officers will be reviewing the by-law provision in the IRDA in the near future. RTI

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Should you have any further queries in relation to this matter, please contact Sussan Jacobs of the Legislation and Policy Development Division in my Department on telephone number (07) 3235 9019.

Yours sincerely

[SIG~IED BYMI~ER J

Desley ~oyle MP Minister for Environment Minister for Local Government and Planning Minister for Women

Att.

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