Removing a restrictive covenant

[tone1]

I recently read about the new residential zoning changes and was wondering if this could alter the prospects of having a one-dwelling restrictive covenant removed from the title of a property. I tried (and failed) to remove the covenant over a year ago, with virtually a whole street of objectors to a proposed two-townhouse development. The property is located in Brimbank Council's jurisdiction.

The property also has a one-dwelling restriction in a Section 173 Agreement. So from what I understand, removing the restriction is a two-step process, but the application to remove both the covenant and agreement can be sought at the same time?

Now, the zoning of the property is being changed to GRZ1, which allows unit and townhouse development as the property is next to a major activity centre and train station. This is in stark contrast to the previous zoning and planning considerations as I understood them, with a heavy emphasis on keeping the family appeal of the area. Does this zoning change have any impact on the prospects of removing the covenant and agreement?

 

[Change of Plan]

Hi Tone1,

The process and options for removing restrictive covenants is still the same, with the tests being pretty high to get it removed as you found out. Yes, you could apply to remove both restrictions at once.

I can't see that the change in zoning and policy for the area would change your prospects of getting approval right now, as you would likely have the same objections and the Councils almost always side with the objections for covenant removals. In the longer term if there has been significant change in the neighbourhood, there might be a stronger case for the removal.

Another factor is why both types of restrictions are on the title, as the history of the site might also be a factor in Council's decision (e.g. if they were the party that requested the S173 Agreement).