Covenant

As an alternative a restrictive covenant can be removed or varied by amending the planning scheme under Part 3 of the Planning and Environment Act 1987 (“The Act”) pursuant to the schedule to Clause 52.02 of the planning scheme. • A planning scheme amendment can be requested by anyone but needs to be prepared by the municipal council with the approval of the Minister for Planning. • pursuant to section 47(1) and subject to some conditions set out in section … Continued

Process for a s84 application to vary or remove a restrictive covenant. Ordinarily, s84(1)(c) provides the broadest scope to modify or remove a covenant where discretion and is the only ground required. Property Law Act ss84(1)(a) and (c): The Court shall have power … to discharge or modify any such restriction (subject or not to the payment by the applicant of compensation to any person suffering loss in consequence of the order) upon being satisfied: • that by reason of … Continued

Important concepts about restrictive covenants Covenants can vary in coverage • You must provide the Court with evidence about who enjoys the benefit and the burden of the covenant through a colour coded cadastral plan obtained from a professional title searching service along with the essential circumstances of the application. • Sometimes only one lot is burdened and one lot benefits. Sometimes there may be many lots burdened and many lots benefiting. • In new housing estates it is common … Continued