ANNEXURE A. (Lots created within 276 & 280 Hale Road, Wattle Grove)

Transcription

1 ANNEXURE A (Lots created within 276 & 280 Hale Road, Wattle Grove) 1. DEFINITIONS 1.1 In this Contract, unless a contrary intention appears: a. Land means the land cross hatched and attached as Annexure B. b. Property means the lot the Buyer agrees to purchase upon sub-division of the Land, being Lot outlined on Annexure B 2. VARIATION TO PROPERTY PARTICULARS 2.1 Where the Property s area is varied by more than 3%, either Party may terminate the Contract by providing notice of the same to the other Party. 2.2 Settlement of the Property constitutes a full waiver of any right, action or claim whatsoever to compensation that either Party may have in relation to any variation in of the Property. 2.3 The Seller makes no warranty in relation to the accurate location of any survey pegs which may be on the Property and is not obliged to maintain those survey pegs 2.4 The Buyer shall not make any claim against the Seller pursuant to the Dividing Fences Act BUYER NOT ENTITLED TO CAVEAT LAND The Buyer hereby agrees to not, at any time, caveat the Land or the Property. 4. VARIATION OF GENERAL CONDITIONS TO ALLOW FOR PLANNING APPROVAL 4.1 Clause 4.2 of the Joint Form is hereby deleted. 4.2 Clause 13.2(a) of the Joint Form is amended by substituting the expression 6 months with 10 months. 4.3 Clause 13.3(a)(1) of the Joint Form is amended by substituting the expression 12 months from the Planning Commission with 15 months after the Contract Date 4.4 Clause 13.3(a)(2) of the Joint Form is amended by substituting the expression within 3 months accordance with subclause (1) with within 18 months after the Contract Date.

2 4.5 Clause 13.9 (b)(1)(2) of the Joint Form is deleted and substituted with the following clause: "Settlement shall be effected on or before 21 days after the service of a notice by the Seller to the Buyer that the titles have been issued by Landgate." 4.6 Clause 15 of the Joint Form is deleted and substituted with the following clause: The Property is believed and will be taken to be accurately described. No error, omission or mis-description of the Property will annul the sale or entitle the Buyer to any compensation or abatement of the purchase price. 4.7 Clause 18.2 of the Joint Form is deleted and substituted with the following clause: "The Purchase Price is inclusive of GST and any GST payable under this sale will be calculated using the Margin Scheme as defined in Division 75 of A New Tax System (Goods and Services Tax) Act WAPC CONDITIONS OF SUBDIVISION If the WAPC grants approval for the subdivision of the Property from the Land, or part of that Land, subject to a condition, or if any other matter arises, on the subdivision: (a) (b) that makes the subdivision of the Land or the Property un-viable in the sole opinion of the Seller; or that the Seller is unwilling, in its complete discretion, to comply with: the Seller may terminate this Contract at any time thereafter by refunding the Deposit and giving notice to the Buyer, after which time the Buyer shall have no claim or right of action against the Seller arising from such termination. 6. NO WARRANTIES OR REPRESENTATIONS Each Party acknowledges that in entering this Contract, it has not relied on any representations or warranties about its subject matter except as previously provided by the written terms of this Contract. Further, the Buyer shall be taken to have satisfied itself in respect of all conditions relating to the Land. 7. NOTIFICATION Lots have no direct vehicular access on to Hale Road. 8. ENCUMBRANCES 8.1 Despite any other provision in the Joint Forms of General Conditions, the Property is sold subject to all easements, restrictive covenants, rights, reservations and conditions, Title Notifications, memorials, Contaminated Site Memorials, Remediated Site Memorials and Crown Reservations which are or will be contained in the Certificate of Title or Crown Grant of the Property as at the settlement date. Further, the Property is sold subject to all claims, demands, conditions (including building conditions) or restrictions whatsoever imposed or made on the Property by any local or public authority. In addition, should the Property become subject to a maintenance of public open space levy, they shall be liable for such levy and hereby acknowledge that, should this levy be imposed, that they have no right to terminate the Contract, or seek compensation from the Seller or its agents.

3 8.2 The Buyer hereby acknowledges that, should any Encumbrance contained within this clause 9, be placed over the Land, the Buyer shall have no right whatsoever to terminate the Contract, or claim compensation whatsoever, and nor shall he have any claim, right or legal action against the Seller at law. 9. FINANCE APPROVAL A formal finance approval is required on or before the due date stipulated on the first page of the offer and acceptance. The finance approval, or declinal, must be in writing from a bank or building society and correspondence from a broker will not be acceptable. In the event a letter of decline cannot be obtained from a bank or building society, the developer reserves the right to retain the deposit in full. It is the Buyers responsibility to ensure that the formal finance approval letter is kept current throughout the contract period. BUYER BUYER: DATE: / / 2018 SELLER: DATE: / / 2018

4 VER. AMENDMENTS TABLE (PLAN GRAPHICS ONLY) AMENDMENT ANNEXURE B AUTHORISED BY 77 33'10" '50" '35" '35" 78 48'16" P DP AJAX WAY m² 80 32'36" 84 18'38" m² 99 27'24" '6" '54" 79 14'6" 77 33'10" m² '39" 2979m² '57" 79 14'6" '57" m² 95 27'24" 77 30'3" m² DATE '42" ( ) 98 40'48" FOR INTERESTS AND NOTIFICATIONS SEE SHEET '57" m² 89 56'53" '39" 95 34'42" 90 3'7" '39" C m² C 341m² ROAD WIDENING P 3781 SLATE STREET '21" C 333m² B ( ) 89 58'14" C m² 89 58'14" SURVEY CARRIED OUT UNDER REGULATION 26A SPECIAL SURVEY AREA GUIDELINES SEE SURVEY SHEETS FOR SURVEY INFORMATION m² 89 58'14" 89 58'14" m² HALE ROAD A 89 58'14" '46" N FORMER TENURE FREEHOLD TYPE S.S.A. YES PURPOSE PLAN OF SUBDIVISION LOT 9500 ON DEPOSITED PLAN C/T????-??? LOCAL AUTHORITY LOCALITY D.O.L. FILE FIELD RECORD I.S.C LOTS , 9501, ROADS, ROAD WIDENING & COVENANT SHIRE OF KALAMUNDA WATTLE GROVE SURVEYOR'S CERTIFICATE - REG 54 I, J D LUTEY hereby certify that this plan is accurate and is a correct representation of the - (a) *survey; and/or (b) *calculations from measurements recorded in the field records, [* delete if inapplicable] undertaken for the purposes of this plan and that it complies with the relevant written law(s) in relation to which it is lodged LICENSED SURVEYOR DATE LODGED DATE FEE PAID ASSESS No. FILE EXAMINED DATE WESTERN AUSTRALIAN PLANNING COMMISSION Delegated under S.16 P&D Act 2005 IN ORDER FOR DEALINGS SUBJECT TO FB DATE FOR INSPECTOR OF PLANS AND SURVEYS DATE APPROVED REG 26A (4) INSPECTOR OF PLANS AND SURVEYS (S. 18 Licensed Surveyors Act 1909) DATE DEPOSITED PLAN SCALE 1 : 500 at A2 HELD BY LANDGATE IN DIGITAL FORMAT ONLY P G S HOPE & PARTNERS PTY LTD 11/24 THOROGOOD STREET BURSWOOD WA 6100 Ph: Fax: pgs@iinet.net.au SHEET 01 OF 02 SHEETS (PLUS SURVEY SHEET(S)) VERSION 1

5 ANNEXURE C

6 BAL ASSESSMENTS BUSHFIRE MANAGEMENT PLANS CONSULTANCY 1.0 BUSHFIRE ATTACK LEVEL (BAL) CONTOUR ASSESSMENT Version: 1.0 Reference: 5296 July 2016

7 DISCLAIMER AND LIMITATION This report is prepared solely for CK Nominees Australia Pty Ltd (the proponent ) and any future residents of the proposed development (and their building surveyor for building permit purposes). This report is not for the benefit of any other person and may not be relied upon by any other person. This Bushfire Attack Level (BAL) Contour Assessment is limited to the BAL Contour Map scope as identified in SPP 3.7 Guidelines for Planning in Bushfire Prone Areas Appendices, Appendix three (3). AS3959:2009 Methodology one (1) was used for the determination of the assessment. It is expressly stated that RUIC Fire and the writer do not guarantee that if such standards are complied with or if a property owner exercises prudence, that a building or property will not be damaged or that lives will not be lost in a bush fire. Fire is an extremely unpredictable force of nature. Changing climatic factors (whether predictable or otherwise) either before or at the time of a fire can also significantly affect the nature of a fire and in a bushfire prone area it is not possible to completely guard against bushfire. Further, the growth, planting or removal of vegetation; poor maintenance of any fire prevention measures; addition of structures not included in this report; or other activity can and will change the bushfire threat to all properties detailed in the report. Further, the achievement of the level of implementation of fire precautions will depend on the actions of the landowner or occupiers of the land, over which RUIC Fire has no control. If the proponent becomes concerned about changing factors then a new Fire Risk Management Plan should be requested. To the maximum extent permitted by the law, RUIC Fire, its employees, officers, agents and the writer ( RUIC Fire ) excludes all liability whatsoever for: 1. claim, damage, loss or injury to any property and any person caused by fire or as a result of fire or indeed howsoever caused; 2. errors or omissions in this report except where grossly negligent; and the proponent expressly acknowledges that they have been made aware of this exclusion and that such exclusion of liability is reasonable in all the circumstances. If despite the provisions of the above disclaimer RUIC Fire is found liable then RUIC Fire limits its liability to the lesser of the maximum extent permitted by the law and the proceeds paid out by RUIC Fire s professional or public liability insurance following the making of a successful claim against such insurer. RUIC Fire accepts no liability or responsibility whatsoever for or in respect of any use or reliance upon this report and its supporting material by any third party. This report is valid for a period of THREE years only from the date of its issue. RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 2

8 DOCUMENT DETAILS Project Number: 5296 Project Name: Prepared By: Darrel Krammer Grad Cert Bushfire Protection BPAD Level 1 Accredited Practitioner (BPAD 33412) Version: 1.0 FINAL RELEASE Date of issue: 02 ND July 2016 Final Approval Date: 02/07/2016 In signing the above, I declare the report is true and accurate to the best of my knowledge at the time of issue. RUIC Fire is a trading name of Rural Fire Risk Consultancy Pty Ltd ABN: RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 3

9 EXECUTIVE SUMMARY Rural Fire Risk Consultancy Pty Ltd, trading as RUIC Fire, was engaged by the proponent to prepare this Bushfire Attack Level (BAL) Contour Map to support the approved subdivision, located at Lots 5 & 6 Hale Rd, within the suburb of Wattle Grove (Figure i). The BAL Contour Map was prepared in accordance with the State Planning Policy 3.7 Guidelines for Planning in Bushfire Prone Areas, Appendix three (3) and is illustrated in Figure iii. The BAL assessment was carried out in accordance with AS3959:2009 Simplified Procedure (Method 1). Conclusions of the BAL Contour Map assessment are depicted in Figure iv: 1. The highest BAL ratings are within identified lots located to the eastern side of the development, which have a maximum radiant heat impact equivalent to BAL-19; 2. The BAL ratings are not prohibitive of any proposed development and are compliant with Guidelines for Planning in Bushfire Prone Areas, Appendix 4, Acceptable Solution A1.1; and 3. For lots rated BAL-12.5 or above, future Class 1, 2, 3 and associated Class 10a buildings will be required to comply with the construction requirements of AS3959:2009 (where applicable) and will be subject to relevant bushfire related planning conditions. RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 4

10 BUSHFIRE ATTACK LEVEL (BAL) CONTOUR MAPPING Figure i: Site Location RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 5

11 Figure ii: Subdivision Plan RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 6

12 Figure iii: Survey Strata Plan (Blue shaded area) RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 7

13 Figure iv: BAL Contour map RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 8

14 Contents Page 1.0 Introduction Purpose of Report BAL Assessment Bushfire Attack Levels Explained RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 9

15 1.0 Introduction Rural Fire Risk Consultancy Pty Ltd, trading as RUIC Fire, was engaged by the proponent to prepare this Bushfire Attack Level (BAL) Contour Map to support the approved subdivision, located at Lots 5 & 6 Hale Rd, within the suburb of Wattle Grove (Figure i). The purpose of this BAL Contour map is to: 1. Illustrate the potential radiant heat impacts and associated indicative BAL ratings in reference to any classified vegetation remaining within 100 metres of the assessment area after the development is complete 2. Determine whether the radiant heat impacts (post-development) will be prohibitive of future works. This report is not a Bushfire Management Plan. Should a Bushfire Management Plan be required a separate report is required. The site was inspected on the 12 th of April 2016, 01 st May 2016 and 22 nd June 2016 and the subdivision assessed in accordance with AS3959:2009 Methodology 1. BAL vs separation distance tables, extracted from AS3959:2009 Table 2.4.3, are provided within Tables 1A and 1B for all classifiable vegetation within 100m of the identified lots. The BAL rating for each vegetation threat was calculated with the highest BAL rating being applicable to each lot. Separation distance to classified vegetation includes roads, managed low threat areas and is measured from the lot boundaries to the edge of the classified vegetation. Tables 1C and 1D identifies the BAL rating per lot boundary. Proposed construction of future dwellings may be able to be located within areas off a lower BAL if sufficient setbacks are achieved. Table 1A: BAL Assessment (Woodland, Flat) Vegetation Class B Woodland Effective Slope Flat/Upslope Separation (m) BAL Less than 10m BAL-FZ 10 to less than 14m BAL to less than 20m BAL to less than 29m BAL to less than 100m BAL-12.5 Greater than 100m BAL-LOW RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 10

16 Table 1B: BAL Assessment (Scrub, Flat) Vegetation Class D Scrub Effective Slope Flat/Upslope Separation (m) BAL Less than 10m BAL-FZ 10 to less than 13m BAL to less than 19m BAL to less than 27m BAL to less than 100m BAL-12.5 Greater than 100m BAL-LOW Table 1C: Maximum BALs for each survey strata lot identified within 100m of Bushfire prone vegetation BAL Rating per lot BAL-FZ BAL-40 BAL-29 BAL-19 BAL-12.5 BAL-LOW 1-6 Table 1D: Maximum BALs for each green title lot identified within 100m of Bushfire prone vegetation BAL Rating per lot BAL-FZ BAL-40 BAL-29 BAL-19 BAL-12.5 BAL-LOW & The following plates illustrate vegetation threats for each applicable vegetation Plot. Plot 1 Class B Woodland Plot 1 Class B Woodland RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 11

17 Plot 2 Class D Scrub Plot 2 Class D Scrub Plot 3 Managed Low Threat (e) Plot 3 Managed Low Threat (e) Plot 5 Managed & Grazed c (f) Plot 5 Managed & Grazed c (f) Plot 6 Cleared Land Low Threat c (e) Plot 6 Cleared Land Low Threat c (e) RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 12

18 Plot 7 Low Threat Managed Gardens Plot 7 Low Threat Managed gardens Plot 8 Area not with 100m c (a) Plot 8 Area not with 100m c (a) RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 13

19 A Bushfire Attack Level (BAL) assessment is a means of measuring the severity of a building s potential exposure to ember attack, radiant heat and direct flame contact in a bushfire event, and thereby determining the construction measures required for the dwelling. The methodology used for the determination of the BAL rating, and the subsequent building construction standards, are directly referenced from Australian Standard AS3959:2009 Construction of buildings in bushfire prone areas. The BAL rating is determined through identification and assessment of the following parameters; Fire Danger Index (FDI) rating; assumed to be FDI-80 for WA, All classified vegetation within 100m of the subject building, Separation distance between the building and the classified vegetation source/s, and Slope of the land under the classified vegetation. AS3959:2009 has six (6) levels of BAL, based on the radiant heat flux exposure to the building, and also identifies the relevant sections for building construction, as detailed below; Bushfire Attack Level (BAL) Classified vegetation within 100m of the site and heat flux exposure thresholds Description of predicted bushfire attack and levels of exposure BAL-LOW See clause There is insufficient risk to warrant specific construction requirements BAL kW/m 2 Ember attack 3 & 5 BAL-19 >12.5kW/m 2 to 19kW/m 2 Increasing levels of ember attack and burning debris ignited by windborne embers together with increasing heat flux BAL-29 >19kW/m 2 to 29kW/m 2 Increasing levels of ember attack and burning debris ignited by windborne embers together with increasing heat flux BAL-40 >29kW/m 2 to 40kW/m 2 Increasing levels of ember attack and burning debris ignited by windborne embers together with increasing heat flux with the increased likelihood of exposure to flames BAL-FZ >40kW/m 2 Direct exposure to flames from fire front in addition to heat flux and ember attack Construction Section (within AS3959) 4 3 & 6 3 & 7 3 & 8 3 & 9 Figure 1A: BAL Overview RUIC Fire PERTH BUSSELTON MARGARET RIVER ESPERANCE Page 14