Residents

All residents have a responsibility to maintain their Lots in accordance with the Community Management Statement 

The Community Management Statement is available at the Documents/Community page.

The approved plant list is found by clicking the link below.

A summary of some of the requirements are as follows:

BY - LAW 20 MAINTENANCE OF SITE

20.1 The owner or occupier of a Lot must carry out all maintenance of the Landscaping, stormwater and erosion controls/works, bushland and vegetation management, and bushfire and fuel management on the Lot:

(a) in a proper workmanlike manner;

(b) to the reasonable satisfaction of the Community Association and Strata Corporation if the Lot is a Strata Lot;

(c) in accordance with the Design Essentials;

(d) in accordance with the Approved Bushfire Fuel Management Plan;

(e) in accordance with the Approved Bushland management Manual;

20.2 Subject to By-Law 20.3 and any necessary Council requirements in the area inside the Development Envelope, a Lot owner may remove or lop existing native trees that:

(a) are within the ground floor footprint of the approved buildings; or

(b) can be demonstrated to adversely impact the approved buildings.

20.3 No native trees shall be removed from any area inside the Development Envelope without the prior written consent of:

(a) the Developer (whilst ever it is the owner of a Lot); and

(b) the Council.

20.4 Subject to By-Law 20.5 and any necessary Council requirements in the area within a Lot outside the Development Envelope no native trees are to be removed or lopped unless:

(a) removal of native trees is to be undertaken as part of an ongoing programme of vegetation fuel management (if required) contained in the Approved Bushfire Fuel Management Plan; or

(b) individual native trees or branches of trees can be demonstrated to be a clear risk to personal safety and/or property; or

(c) removal of native trees is essential to the provision of access to Lots.

20.5 Despite By-Law 20.4 no native trees shall be removed from any Lot outside the Development Envelope without the prior written consent of:

(a) the Developer (whilst ever it is the owner of a Lot), and after that the Community Association;

(b) the Community Association; and

(c) Council in accordance with its Tree Preservation Policy

20.6 By-Law 20.4 and 20.5 do not apply if the trees need to be removed in advance to comply with By-Law 24 and By-Law 25.

20.7 If an owner or occupier of a Lot removes a native tree without the approval of the Developer and/or the Community Association in contravention of this By-law 20, the Community Association, acting reasonably and subject to the Management Act, seek to recover from owner or occupier of a Lot reasonable cost of restoring/replacing the native tree as a debt in a Court of competent jurisdiction.

20.8 If an owner or occupier of a Lot fails to maintain Landscaping in accordance with By-Law 20.1 within 28 days of receipt of written notification from the Community Association requesting that By-law 20.1 be complied with then the Community Association may apply to the Civil and Administrative Tribunal of New South Wales for an order to access the Lot to take all reasonable steps and/or carry out all reasonable work to maintain the Lot in accordance with By-Law 20.1 and may recover from the owner  of the Lot the reasonable costs incurred by the Community Association to take all such reasonable steps and/or carry out all such reasonable work as a debt in a Court of competent jurisdiction.

NOTE: Nth Wallarah Peninsular Area Plan 3.2 Site Analysis

5. In the area outside of the Development Envelope, no native trees or native understorey vegetation are to be ring barked, cut down, topped, lopped, removed, injured, wilfully destroyed or cleared unless:

i. native understorey vegetation is required to be removed or lopped as part of an ongoing program of vegetation/ fuel management (if required) contained in an Approved Bushfire Fuel Management Plan for the neighbourhood, or

ii. individual native trees can be demonstrated to be a clear risk to personnel safety and or property and supported by an arborist report.

NOTE: Nth Wallarah Peninsular Area Plan 3.9 Landscaping

3. Landscaped areas must have a “bushland” character displaying a range of local flora.

4. Landscaped areas must incorporate native grasses, understorey and ground cover vegetation and be consistent with any bushfire fuel management requirements.

5. Suitable plant species endemic or suitable native plant species selected from the approved plant species list (refer Appendix B) must be used for revegetation of disturbed areas both outside of the Development Envelope and within the Development Envelope.

6. Non-invasive exotic species are only permitted within the Development Envelope and must be contained within defined edges (eg timber, steel or masonry edging)

7. Lawns are restricted to a maximum area of 100sqm or within the development envelope (whichever is the greater). Turf variety is limited to Buffalo species. Turf is only permitted within 1m of the lot boundary and must be contained within defined edges (eg timber, steel, spade or masonry edging).

BY - LAW 22 PRESERVATION OF TREES WITH IDENTIFIED HABITAT VALUE

22.1 Despite By-Law 20, trees with an identified habitat value identified in the section 88B instrument, if any, attached to the Deposited Plan for each Lot must be maintained and protected by the respective Lot owner.

22.2 I any Lot owner fails to comply with this By-Law then the Community Association is entitled to recover the cost of maintaining an trees with an identified habitat value from that owner.

BY - LAW 24 BUSH FIRE CONTROLS

24.1 The owners and occupiers of a Lot must, where applicable, provide a bushfire asset protection zone on their respective Lot in accordance with the Approved Bushfire Fuel Management Plan.

24.2 Bushfire fuel loads on Lots must be managed and maintained in accordance with the Approved Bushfire Fuel Management Plan (where applicable).

24.3 The Community Association must engage a suitably qualified person to prepare an annual Approved Bushfire Fuel Management Plan for the Community Scheme.

24.4  If an owner or occupier of a Lot fails to maintain bushfire fuel loads on their Lot  in accordance with By-Law 24.2 within 28 days of receipt of written notification from the Community Association requesting that By-Law 24.2 be complied with then the Community Association may apply to the Civil and Administrative Tribunal of New South Wales for an order to access the Lot to take all reasonable steps and/or carry out all reasonable work to ensure the bushfire fuel loads on the Lot are managed and maintained in accordance with By-Law 24.2 and may recover from the owner of the Lot the reasonable costs incurred by the Community Association to take all such reasonable steps and/or carry out all such reasonable work as a debt in a Court of competent jurisdiction.

BY - LAW 25 NOXIOUS AND PEST WEED CONTROL

25.1 All species identified as noxious or pest weed in the Bushland Management Manual or in the NSW Department of Primary Industry Weedwise list are to be controlled and/or removed from a Lot by the owner of that Lot or Lots as soon as practicable.

25.2 The owner or occupier of a Lot must within 28 days of receipt of written notification from the Community Association, acting reasonably, either remove from their Lot, or take all necessary and reasonable steps to stop the spread within their Lot, of all species identified as noxious or pest weed in the Bushland Management Manual or in the NSW Department of Primary Industry Weedwise list.

25.3 If an owner or occupier of a Lot fails to comply with By-Law 25.2 within 28 days of receipt of written notification from the Community Association requesting that By-Law 24.2 be complied with then the Community Association may apply to the Civil and Administrative Tribunal of New South Wales for an order to access the Lot to take all reasonable steps and/or carry out all reasonable work to stop the spread within the Lot, of all species identified as noxious or pest weed in the Bushland Management Manual or in the NSW Department of Primary Industry Weedwise list and may recover from the owner of the Lot the reasonable costs incurred by the Community Association to take all such reasonable steps and/or carry out all such reasonable work as a debt in a Court of competent jurisdiction.

BY - LAW 43 RESTRICTIONS ON PARKING

43.1 An owner or occupier of a Lot must not park a Motor Vehicle on any part a Lot or in the Community Scheme or Community Property except:

(a) in the Garage or driveway of the Lot; or

(b) directly adjacent to the driveway of the Lot and within the Development Envelope and located behind the front building line with adequate screening to a height of 1.8m across the street frontage; or

(c) on parts of the Community Property designated by the Community Association from time to time as areas for parking a Motor Vehicle.

43.2 An owner or occupier of a Lot must not park any boat, caravan or a trailer on any part of the Community Scheme or Community Property except in a location as identified in By-Law 43.1(a) and (b) only.