Planning And Environment

Beginners Guide to Covenant Law (Part Three)

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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

Beginners Guide to Covenant Law (Part Two)

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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

Beginners Guide to Covenant Law (Part One)

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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

Beginners Guide to Compulsory Acquisition (Part Two)

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  Compulsory Acquisition Hearings: There is a long standing practice of conducting conferences between valuers (Valuers Conference) initially if there is a dispute where the valuers for opposing parties meet at an early stage in the process to discuss their opinions and the evidence upon which those opinions are based. Valuers will often arrive at an opinion of value based on a particular piece of sales evidence which may have escaped the attention of an opposing valuer. The valuers’ conferences … Continued

Beginners Guide to Compulsory Acquisition (Part One)

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  General Overview: Federal, state and local authorities may acquire land for a range of public purposes. This process is referred to as Compulsory Acquisition. Under the provisions of the Land Acquisition and Compensation Act 1986, land required for a public purpose can be acquired/resumed by government departments and agencies. This can be done either compulsorily or by negotiation. Those affected include land owners, tenants, businesses, licence holders and mortgagees. Compulsory acquisition is legislated for under Section 51(xxxi) of the … Continued

Beginners Guide to Planning and Environment

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General Overview: ‘In the interests of its people a city must be planned with two objectives in view – that of conducting business in the most efficient manner, and that of conferring the greatest benefits to the greatest numbers.’ (Plan of General Development, Melbourne, Report of the Metropolitan Town Planning Commission, 1929. This year, VCAT’s budget for its Planning and Environment List (PE List) will be $8.1 million. Planning disputes are often difficult, controversial and sometimes intractable. They require considerable … Continued