ANNEXURE B – SPECIAL PROVISIONS OF SUBDIVISION
BRIGHTON ESTATE , BUTLER
Centro Stage 116
1. The Seller is registered for GST. The sale price of this contract is inclusive of the Goods and Services Tax (GST).
The Seller and Buyer agree that the Margin Scheme is to be applied in calculating the GST payable on the sale of the
Property.
2. The buyer acknowledges the following encumbrances will be acknowledged on the Transfer of Land document sent to
the Buyer for signature and Registered on the Certificate of Title:
(a)
A Restrictive Covenant pursuant to Section 136D of the Transfer of Land Act.
(b)
An Easement (party wall rights) pursuant to Section 136C of the Transfer of Land Act.
(c)
A Covenant (access restriction) pursuant to Section 150 of the Planning and Development Act (preventing
motor vehicle access onto road frontages for rear laneway lots).
(d)
Lots 1940 to 1955. A Notification pursuant to Section 165 of the Planning and Development Act Stating: “This
lot is adjacent to existing commercial development and has the potential to be affected by odour, noise, traffic
and other impacts that are associated with the continued operation of commercial development. Residential
development of the lot will need to take into consideration these amenity issues. Design proposals should be
sensitive to the future commercial development and wherever possible should avoid the location of habitable
rooms and outdoor living areas adjacent to commercial development.”
(e)
A Notification pursuant to Section 165 of the Planning and Development Act 2005 stating: “This land has
previously been used as an artillery range and may contain unexploded ordnances. Whilst the land has been
searched to a depth of 1 metre no guarantee can be given that all unexploded ordnances have been located.
Any ordnance found must be treated as dangerous and its location reported to police or defence
establishment.”
(f)
Lots 1973 and 1974. A Restrictive Covenant pursuant to section 129BA of the Transfer of Land Act in favour of
Western Power restricting the construction of a metal fence within the area delineated (1.25m from the lot
boundary). A masonry, plastic or timber fence can be constructed on the boundary.
3. The Buyer acknowledges:
(a) A condition of subdivision approval by the Western Australian Planning Commission is that “prospective
purchasers of lots with retaining walls are notified on contracts of sale that buildings are to be positioned to
ensure that they do not surcharge on any subdivisional retaining wall.
(b) Lots 1943, 1953, 1958, 1968. Have an approximate 1m x 1m road widening taken from the boundary for a
light pole easement which is contained within the road reserve.
(c) The City of Wanneroo may introduce a special landscape maintenance levy for the area in order to
maintain the parkland and entry Statement area within the Estate to the same standard as the developer.
(d) Lots in the Brighton Estate are zoned R20, R30, R40 and R60 which may permit more than one dwelling
on some lots. The Buyer will need to make its own enquiries regarding service connections to lots that are
capable of multiple dwellings.
(e) Some narrow frontage lots may require single carports under planning requirements and these lots will not
be subject to the general requirements for double carports.
(f) That some lots in the Brighton Estate will be allocated to the Housing Authority for rental housing. The
Seller will use its best endeavours to identify the lots to be allocated to the Housing Authority, however,
the Seller can give no guarantee as to the final location of the lots. If any changes occur, whether before
or after the date of this contract, then the Buyer will not have any recourse against the Seller either for
compensation or for termination of this contract.
ANNEXURE B – SPECIAL PROVISIONS OF SUBDIVISION
4. The Buyer acknowledges and agrees that construction on the Property will comply with the amended Butler
Ridgewood Local Structure Plan;
(a)
For those R60 coded lots that are 360m2 or more, being of a type and configuration which can ‘capably and
practically’ accommodate more than one dwelling (see criteria under sub-clause (c) ), the City shall require
compliance with the agreed Butler Ridgewood Local Structure Plan which stipulates the minimum number of
dwellings to be constructed on that lot.
(c)
Unless otherwise approved by the City under sub-clause (d), development of R60 coded lots shall comply with
the agreed Butler Ridgewood Local Structure Plan.
(d)
For the purpose of this clause, a lot is not considered to be able to ‘capably and practically’ accommodate more
than one dwelling where any one or more of the following circumstances apply:
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(e)
To encourage diversity of accommodation and mixed use, the City may, at its discretion, allow fewer than the
maximum number of dwellings on a lot than stipulated by the agreed Butler Ridgewood Local Structure Plan, in
the following circumstances:
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(f)
The lot is irregular in shape;
The lot has been sized to address a particular amenity or design constraint (i.e. deeper lots abutting
freeway/railway);
The lot is less than or equal to 12.5m wide at the primary street frontage and does not have laneway access
for vehicles;
Presence of side and/or rear retaining walls restrict practical vehicle access for multiple garages;
City engineering and site distance safety requirements on corners restrict vehicle access options;
Other circumstances as determined by the City.
The dwelling includes a self contained ancillary accommodation unit which meets the definition of Ancillary
Accommodation under Appendix 1 of the R Codes ;
The dwelling is designed to allow for conversion of at least 20m2 of the ground floor to mixed use/office;
The design of the dwelling demonstrates how a future additional dwelling(s), to the maximum possible under
the coding, can be accommodated without demolition of the original dwelling.).
In determining the maximum number of dwellings achievable Council will reference Table 1 of the R Codes and
apply the Average Minimum Site Area standard for the R60 Code being 180m2.
Signed by the Buyers:
Buyer _______________________________________
Buyer__________________________________________
Witness _____________________________________
Witness _________________________________________
Date _______________________________________
Date ____________________________________________
Signed for and on behalf of the Seller, Housing Authority formerly known as The State Housing Commission under the
Housing Act 1980.
Seller _____________________________________
Date_____________________________________
Witness _________________________________________