Policing of development conditions.

 

The committee for aesthetics is responsible for the following:

Extracted from the Lilydale constitution

25.10.1 to prescribe the architectural style and design and exterior and materials used for all buildings erected or to be erected in the development and specifically to manage the design of the exterior of such buildings, the materials and colours used for such exteriors to ensure that an attractive, aesthetically pleasing and a pleasant character is created by the buildings in the development.

25.10.2 to prescribe, if they deem it necessary, a Manual for Development and Design with provision for the architecture, landscaping, construction and maintenance of the development and to establish what shall be applicable but not restricted to all buildings, boundaries, verandas, walls or paved roads on condition that aforementioned Manual shall not be in breach of the Completion Schedule approved by the Local Authority and provided that the approved Completion Schedule can only be amended with the approval of the Local Authority.

25.10.3 to strive to achieve the objectives set out in such Manual for Development and Design by applying the objectives and concepts set out in such Manual.

25.10.4 to exercise the actions that is needed to achieve the objects set out herein, which actions shall include among others:

25.10.4.1 the investigation, deliberation and approval or rejection of building plans in respect of any or all items mentioned in clauses 25.10.1, 25.10.2 and 25.10.3 above whether in relation to new construction, restoration, alteration or extensions to an existing building and the levy therefore.

25.10.4.2 the conclusion of agreements or contracts for any of the objectives set out herein.

25.10.5 to compel Members to comply with the provisions set out above and mainly to comply with the approved building plans as approved by the Local Authority and the Committee of Aesthetics and in case of non-compliance with such plans to take such steps as deemed necessary to fulfil such non-compliance at the cost of the Member; and to give a written warning to remove or change any construction that is inconsistent with the requirements set out herein and in failing to do so, to refer the matter to the Management Committee for action in terms of clause 14.5 which the Management Committee will be obliged to administer.

25.11 The Committee of Aesthetics or any of its Members shall not be liable for any damage, loss or misfortune that is suffered or claimed because of any decision or action taken by the Committee of Aesthetics on condition that the Committee of Aesthetics and its Members, on grounds of the information known to them or could rightly be expected to be known to them, acted in good faith and without negligence.

25.12 Any Member of the Committee of Aesthetics that has an interest in the outcome of a resolution that needs to be passed by the Committee of Aesthetics in compliance with the provisions of this clause will remove themselves from the meeting where such a resolution will be passed, and shall not have the right to vote at such meeting. If two or more Members need to remove themselves from such a meeting, the matter at hand shall be referred to the Management Committee for a decision.

25.13
25.13.1 Any slackening of or deviation from the Manual for Development and Design by the Committee of Aesthetics shall be of no force or effect until such amendment or waiver is approved in writing by the Chairman and 2 (two) other Members of the Management Committee, which Members may not be Members of the Committee of Aesthetics. The reasons for any waiver or slackening granted by the Committee of Aesthetics shall be duly recorded in the minutes for the Committee of Aesthetics in respect of the meeting where such resolution is passed.

25.14 The Committee of Aesthetics has the right to retract, amend or supplement the Manual for Development and Design. Any such amendment shall not be of any force of effect until:

25.14.1 it is approved by at least 75% (seventy five per cent) of the Committee Members; and

25.14.2 it is ratified by at least 75% (seventy five per cent) of the Members present and entitled to vote at the following Annual General Meeting and with regard to which meeting written notice is given of the proposed amendment.

25.15 Any Member who has submitted plans to the Committee of Aesthetics for deliberation and approval, has the right to note an appeal to such a resolution of the Committee of Aesthetics to the Management Committee. The Member that notes such an appeal shall:

25.15.1 hand in the written notice at the Chairman of the Management Committee within 30 (thirty) days after such Member has received notice of the resolution; and

25.15.2 specify the full detailed particulars of the resolution or part thereof against which the appeal has been noted; and

25.15.3 specify in full the grounds for appeal as well as the ruling that is applied for.

25.16 The Management Committee shall have the right, in its absolute discretion, to determine the procedure which it will follow at the hearing of such an appeal and the amount of any fee or deposit which is payable by a Member at the hearing of the appeal. It will not be necessary for the Management Committee to adhere to the strict rules of evidence or the normal formalities and procedures relating to the hearing of an appeal.

Please refer to the Lilydale constitutions and lilydale house rules for more information