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?
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?