Covenants

Old New Zealand Limited philosophy

West Minden is an Old New Zealand development that is unique and offers a desirable destination to those who seek to make West Minden their home with outstanding amenities in a unique life style community, location Te Puna Tauranga. Link to map here

Amenities offered in West Minden is a first ever offered in the Tauranga region solar farm to power all houses plus high speed fibre internet walking tracks and communal green spaces which then lead onto a walkway to an impressive waterfall there are substantial sculptures aesthetically placed within the community.

To ensure that West Minden is consistent with Old New Zealand’s vision to create this environment it is imperative that lots are developed in a co-ordinated manner with complimentary use of materials, colours and external finishes.  These materials must exhibit durability, integrity, and be appropriate to the lifestyle setting in subdued non vibrant colourings. No material will be permitted

These Guidelines are intended to ensure individual building lots, streetscapes and the neighbourhood are developed in a co-ordinated manner to protect what makes West Minden special: its natural environment views and character remain balanced. 

The goal of this development is harmony between buildings and nature, and between buildings and their neighbours. By designed buildings which "fit" with their surroundings we can protect both the West Minden environment and sustainable value of properties within the community.

The benefits of these guidelines are therefore environmental and aesthetic.

You can be confident that your investment in West Minden will be matched by your neighbours and that the overall quality of the community will be exceptional.

Please note that Design Approval is required prior to commencing any work for building construction, landscaping, fences as well as future external additions or renovations including additional buildings and colour changes.

These approvals are required prior to obtaining local body consent so please take a few minutes to read the Guidelines and ensure that your architect/designer, landscape designer and builder are also familiar with them. That way we're all working towards the same goal: to create one of New Zealand's most exceptional lifestyle community.

HARMONY with the ENVIRONMENT

The West Minden design concept carefully fits development into the lifestyle environment. The most environmentally sensitive areas of the site have been preserved as open space and reserve as shown in the plans. The following guidelines outline ways in which individual buildings can fit with the West Minden environment and help preserve its character.

Please review the Western Bay Of Plenty District Council Lifestyle rules attached here to help you with your building design and placement decisions.

Building Sitting and Land contours

Buildings and structures must be located within the building envelope defined by the setbacks (or yards) established in the Western Bay Of Plenty Lifestyle Plan. It is the owner's responsibility to ensure their project complies with the District Plan, Design Control Approvals and applicable covenants.

Modifications to the ground levels and grading pattern approved at time of subdivision are not permitted without the written approval of the Design Committee.

There are be no long term temporary dwellings e.g. Caravans or porta-coms onsite outside of the homes construction period.

Paving and Drainage

Rooftop drainage must be directed to storage tanks for domestic water supply. Any overflow rooftop drainage and surface drainage must be directly piped into the storm water system.

Fences, Walls, and Retaining Walls

Philosophy

The general preference is to minimize fences and walls especially adjacent to road-ways and reserves. This supports visual security in our community and while it is acknowledged there are locations where fencing is necessary, particular consideration should be given to reducing its visual dominance in the landscape.

Keeping front yards more open also assists in achieving a character more consistent with a lifestyle development.

Height and Privacy

For Privacy, planting is generally preferred over fencing.   Any fence height must not exceed a maximum height of 1.8 metres. The type and appearance of fencing should be of comparable quality to the building itself.  No corrugated iron or post and wire fences.

Services

All services and utilities shall be screened from the road frontage. Water supply is to be through roof collection and storage tanks or bore. Gas cylinders shall be suitably concealed from public view.

Cultural Sites

The Neighbourhood Plan identifies a number of Cultural Sites such as middens on some sites which are to be protected. The Western Bay of Plenty District Council consent requires these areas to be covered with rocks or vegetation and must remain undisturbed. No construction of buildings or structures will be allowed to encroach on or over these sites.

HARMONY between NEIGHBOURS

While a wide variety in home styles and materials is expected, abrupt contrasts and poor quality development can detract from the community's image and individual property values. These guidelines are intended to encourage individual buildings which are considerate of neighbouring homes and will enhance the West Minden community.

Views

Building heights, fences, trees and other structures must comply with the maximum heights identified in the District Plan, individual neighbourhood covenants and Neighbourhood Plan in order to protect views.

Ancillary Buildings and Dwellings

A staged construction of the household unit is permitted provided that stage one is not less than 60m2, complies with these guidelines, appears in itself a completed unit and the total stage concept is initially approved.

Any non approved or non permitted structure is not allowed on site outside the actual construction period.

Roofs

All roofs should be neutral or dark colours: exceedingly bright colours must be avoided. No use of any metal clad roof that has not been factory pre-painted.

Chimneys and Rooftop Equipment

All metal chimney flues and other roof penetrations should be enclosed or painted to make them less visually obtrusive.

 BUILDING in HARMONY

The co-operation of every lot purchaser, owner, builder and construction trade is sought in ensuring that construction proceeds smoothly and neighbours are not unnecessarily disturbed.

Construction Time Limit

While there is no obligation to build immediately, once construction has started, the exterior of all buildings must be completed within two years of the date of commencement. Where a staged construction this applies to each stage.  While under construction all contractors and trades people shall comply fully and comprehensively with all relevant governmental legislation and local authority bylaws relating to workplace safety including but not limited to the Health and Safety requirements.

Once the lot has been purchased the lot must be kept mowed, tidy and clear of rubbish.

Legal Surveys and Grades

A 'Neighbourhood Plan' has been included showing:

a) Community protection areas

b) Solar farm

c) cultural sites (to be protected)

d) plan defining the building platform area

All developments must be in accordance with this Plan, the Western Bay of Plenty District Plans and with all covenants.

Each lot will be staked with wooden survey pegs. Builders must be very careful when working around these pegs and must use a surveyor to confirm their position at the time of setting out the building. The West Minden Residents Society accepts no responsibility for their replacement or for locating pegs which are buried. Costs for replacement of pegs shall be charged to the Owner.

Runoffs

Builders should:

• not dispose of or allow runoff of concrete or other impermeable materials into swales, storm water system or roadways;

• not remove or damage vegetation in road reserves

Construction Storage

All construction materials, rubbish and excavation materials must be stored within the boundaries of the site. Builders must provide adequate rubbish skips on the site and control waste materials so as to prevent dispersal by wind onto other properties.

If an acceptable clean up does not occur, debris will be removed and the cost thereof charged to the Owner.

Compliance costs

The Owner shall pay to the Residents' Society a Bond from which actual costs incurred by the Design Committee relating to applications for design approval and monitoring, administering and ensuring compliance with the terms of the design approval. These costs shall be paid by the Owner to the Residents' Society in advance, at the time the Owner submits Final plans for approval and otherwise when requested by the Residents' Society.

Right of Refusal

The Design Committee retains the right, at their sole discretion, to refuse approval of any plans which, in their opinion, do not meet acceptable standards of design quality. The Committee will provide details of the reasoning behind any refusals or concerns raised, including positive suggestions where appropriate to help you meet the threshold.

Definitions

All definitions are those contained in the Western Bay of Plenty District Plan, except:

"Builder" means: the building contractor or contractors and trades hired and paid by the lot owner to develop and build on the site.

"Cultural Site" means: an area of cultural significance as shown on the Neighbourhood Plan (refer to covenants on individual titles).

"Design Committee" means: the committee members appointed by Old New Zealand Limited for West Minden to consider design approval applications by residents.

"Earthworks Limitation Line" means: the line shown on the Neighbourhood Plan which restricts the extent of earthworks on (refer to covenant on individual titles).

"Neighbourhood Plan" means: the subdivision plan forming part of the covenants registered on titles.

"Owner" means: the owner of the lot or his/her designate.

"Residents Society" means: the West Minden Residents Society or its successor which will be set up by Old New Zealand Limited.

"View Protection Area" means: the areas shown on the Neighbourhood Plan where fences, vegetation and structures higher than 1.2m will not be permitted.

Approval Process

These Guidelines supplement the requirements of the Western Bay of Plenty District Council. An Owner must obtain the approval of the Design Committee before making an application to the Western Bay of Plenty Council for a resource or building consent. An Owner making an application the Western Bay of Plenty District Council for resource or building consent without the prior written approval of the Design Committee will be in breach of the constitution of the Residents' Society. The Bond, which an Owner will pay to the Residents Society on settlement of the purchase of the lot, will provide the Residents' Society with security for performance by an Owner of the obligation to obtain and comply with the terms of an approval of the Design Committee, generally as outlined in these guidelines and otherwise as provided for in the constitution of the Residents' Society.

Preliminary Submittal

Submittal of two sets of documents to the Design Committee consisting of conceptual plans showing the site planning and building concepts and compliance with the Design Guidelines, Covenants on Title and the Western Bay of Plenty District Council District Plans. The Design Committee will review these documents and provide a written response.

Final Submittal

Following approval of the above, one full sets of final drawings are submitted to the Design Committee including:

a) Legal description

• utilities locations – existing and proposed

• cultural sites

• location and size of water storage tanks

• drainage and location /  setbacks – easements

• sidewalks, stairway, courtyards, swimming pools, greenhouses, playhouses, awnings, fences and walls

• garages, other accessory buildings

• any fence location, height, appearance and construction materials

c) Building Plans (1:50 scale)

• plans, sections, elevations

• roof slope and building height

• colours and materials identified

• any rooftop equipment including antennae, satellite dishes, chimneys, and exterior lighting.

d) Specifications

• samples and colours of roof and wall materials and of other special features

e) Compliance Deposit

3. House e.g. and grades, exterior design, materials and colours shall be reviewed by the Design Committee within 20 working days of a completed submission being received.

4. Approved plans can be collected from the Design Committee. In the event of non-approval by the Design Committee the Owner and / or their architect may work with the Design Control Committee to obtain approval.

5. The Owner or Builder may only apply for and proceed with Building Consent from the Western Bay of Plenty District Council after final Design Control Committee approval is obtained.

6. Prior to pouring the footings or slabs, the Owner submits to the Design Committee engineering or surveyor's certificate confirming that the grades, height and location of all buildings and surveyor's pegs on the site are in accordance with the approved drawings.

7. The Owner contacts the Design Committee when the house and landscaping are complete.

The Bond will be returned to the Owner once the finished project matches the approved drawings to the satisfaction of the Design Committee and all the terms of the Bond have been complied with. The Bond may be forfeited and additional action taken by the Design Committee should the finished project vary from the approved drawings.

The Design Committee will require the owner to pay its reasonable fees in relation to the review and approval process which will be deducted from the Bond.

Summary Steps for the Building Approval Process

1. Submit Preliminary Design to Design Committee

2. On receipt of the DCC response either proceed to Final Submission stage or resubmit with revisions as required.

3. Submit plans and information for Final Design Submission

4. On receipt of Final Design Approval apply for Local Authority Consents

5. Upon set out submit a surveyor's certificate confirming building set out and levels.

6. On building completion including fencing if applicable, submit a Completion Inspection form to the Design Committee. This should include a Code of Compliance certificate.

7. The Design Committee will issue an Acceptance and initiate refund of the Deposit.