1.         The Buyers acknowledge and agree with the Seller that the subject land is part of a development the object of which is to establish an aesthetic and well designed residential development and it is desirable that supervision and control be exercised by the Seller for the protection and in the interests of the Buyers in relation to the nature and type of structures to be erected on the subject property, and in recognition of the desirability of the construction of an aesthetic and well designed residential development in the area which includes the subject property, the Buyers for themselves and their assigns covenant with the Seller that, unless with the prior written consent of the Seller:

(a)                They shall not erect on the said land any dwelling house including any attached or detached garage or carport or other structure the external walls of which shall be comprised of less than 75% clay brick and the area of such dwelling house including an attached garage (if fully enclosed) but excluding verandahs and other unenclosed areas shall not be less than 200 square metres.

(b)               No detached buildings shall be erected on the said land prior to the construction of the main dwelling save any temporary structure used by a registered builder during the course of construction for his own purpose.

(c)                No temporary dwelling, outbuilding or caravan shall be used as a place of residence on the land prior to completion of a dwelling.

(d)               No materials other than tiles or colourbond shall be used as roofing or guttering material for the dwelling or garage.

(e)                No dwelling shall be erected on the land with a roof pitch less than 22.5 degrees.

(f)                No dwelling house or other structures shall be erected on the said land of secondhand materials or re-sited on the land after having first been built or substantially built elsewhere.

(g)               No residential structure other than one intended for use as a single unit dwelling house shall be erected on the land.

(h)               No part of the front fence nor a side fence from on or near the front alignment to the front building line shall be more than 1200 mm high.

(i)                 They shall within three months of the occupation of a dwelling on the land:

(i)   construct a paved or concrete driveway or concrete car tracks from the street kerb to the car accommodation;

(ii)  establish lawn or landscaping over the whole of the area between the front building line of the dwelling and the street kerb where that area has not been paved.

(j)                 The exterior of the dwelling shall be wholly enclosed to ground level.

(k)               No dwelling house shall be constructed without a double garage.

2.                   The Buyers shall not submit building plans to Cooloola Shire Council unless they shall have first submitted to the Seller (and obtained his approval thereto) such design plans as are sufficient to confirm that the proposed dwelling conforms to the above covenants.

3.                  The Seller shall have the right to relax any of the special conditions set out above insofar as they might apply to other land in the subdivision of which the land sold forms part or in any future stage of subdivision by the Seller and neither the Buyers nor their assigns shall have any claim whatsoever against the Seller arising out of such relaxation.

4.                  The special conditions shall not in any respect merge in or be extinguished by the transfer of the land to the Buyers.

5.                  The Buyers shall not sell or transfer the whole or any part of their interest in the land without having first obtained from such buyer or transferee a covenant in favour of the Seller or the Seller’s nominee whereby such buyer or transferee agrees to be bound by such conditions as if an original buyer hereunder and when such buyer or transferee shall have delivered to the Seller the appropriate Deed of Covenant the obligations of the Buyers hereunder shall then cease – such Deed of Covenant to be prepared by and at the expense of the Buyers.