Address: Various properties in Deer Park
Projgect Type: Removal of Single Dwelling Restrictive Covenant
There is an area of Deer Park to the south-west of Ballarat Road and Station Road that is within a Residential Growth Zone. The purpose of the Residential Growth Zone is to provide for increased housing, however this purpose is hindered by a single dwelling covenant that was placed over the land in the 1920’s.
We have worked with several home owners within this original subdivision to get this single dwelling covenant removed. This has opened up the possibilities for them to develop the property themselves or sell the property with significant added value now that the covenant is no longer restricting development.
We manage the process from organising the beneficiary search right through to the final Council decision. You can read more about removing a covenant in this blog post that I wrote as well. Covenant removal or variation applications require advertising in the local paper, as well as the usual signs on site and letters. We coordinate the newspaper advertising with the notification going up on site to limit overlapping of advertising dates. Brimbank Council have processed these applications with efficiency and issued planning permits granting the covenant removal fairly quickly after advertising was completed and no beneficiaries objected.
With the approved planning permits the owners are now free to develop in accordance with the purpose of the Residential Growth Zone in the future.