To vary or remove a covenant using the planning permit process contact the council or responsible authority. the limitations on the granting of a permit set out in section 61(4) of the Act apply to an application for removal or variation.the responsible authority must consider what detriment would be caused to a benefiting landowner by the removal or variation.The rules in the Act for regular permit applications also apply to applications to remove or vary a restrictive covenant: This test is very stringent and it may be difficult to prove that there would be no detriment. Section 60(5) applies to restrictive covenants created before 25 June 1991: a planning permit can’t be granted to remove or vary a restrictive covenant if a benefiting owner has objected, or if there is any chance that a benefiting owner may suffer detriment of any kind (even if that benefiting owner did not object). Section 60(2) applies to restrictive covenants created on or after 25 June 1991: a planning permit can’t be granted to remove or vary a registered restrictive covenant unless the responsible authority is satisfied that any benefiting landowner will be unlikely to suffer material detriment, including financial loss or loss of amenity. Special requirements for granting a permitĪ responsible authority must consider matters set out in sections 60(2) and (5) of the Planning and Environment Act 1987 (the Act) in considering whether it should issue a planning permit to vary or remove a restrictive covenant. People can object to your application. More weight is given to objections from owners of land benefited by the covenant. placed on the site subject to the application.given to all owners and occupiers of land who benefit from the restrictive covenant, subject to some conditions set out in section 47(2) of the Act.Notice of an application to remove or vary a restrictive covenant must be: Refer to the schedule to clause 72.01 of your planning scheme to identify the responsible authority. They can provide advice about the kinds of supporting information you need to submit with the application. You must include a copy of the restrictive covenant and information clearly identifying each lot benefited by the restrictive covenant (refer to section 47(1) of the Act).ĭiscuss your proposed application with the responsible authority before you finalise and submit it. Make the application to the responsible authority. accompanied by a declaration that you’ve notified the owner about the application.apply for a planning permit to remove or vary the restrictive covenantĭifferent considerations apply to the planning process depending on when the restrictive covenant was applied.Ĭontact your local council for advice about the planning options for removing a covenant.Īnyone can apply for a planning permit to remove or vary a registered restrictive covenant.There are 3 ways to remove a covenant from title: You should seek independent legal advice from a solicitor or property law professional experienced in these matters.įor help finding a professional, the Law Institute of Victoria has a find a lawyer service. Where can I get advice on a specific covenant? When it comes to the variation or removal of a restrictive covenant from your property title, it is strongly advisable to engage the services of a licensed conveyancer or solicitor. If you wish to find out whether your property is affected by a restrictive covenant, visit Landata to obtain a search of the Register. Restrictive covenants are recorded as an encumbrance on folios within the Title Register. Find out if a restrictive covenant affects your property The planning system is only involved if there’s an application to remove or vary a covenant. This is done by owners of the land who benefit from the covenant, usually through the Supreme Court. State and local governments do not create or enforce restrictive covenants. Prohibit the use of the land for quarrying operation.Control the type of building materials used for new buildings and fences.Limiting development to only one house on a lot.It is most commonly applied when an owner subdivides land for sale and wishes to apply restrictions on the use and development of the lots, for example: A restrictive covenant is a private treaty or written agreement between landowners that limits the way land can be used and developed.
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