Remove single dwelling covernant

Discussion in 'Development' started by Jill-Mann, 25th Jul, 2021.

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  1. Jill-Mann

    Jill-Mann New Member

    Joined:
    2nd Jul, 2021
    Posts:
    2
    Location:
    Melbourne
    Hi,

    I have a house within the Boroondara council area with a single dwrlling covernant. I don't understand much about it and that's preventing me from building another house on it. How do I get around this?
     
  2. Tufan Chakir

    Tufan Chakir Well-Known Member

    Joined:
    18th Aug, 2016
    Posts:
    877
    Location:
    Victoria, Australia
    These covenants (usually) pre-date planning controls and were put in place for a variety of reasons - usually to promote the "prestige" of the estate/subdivision.
    You can apply to have the covenant removed.
    However we have found the best approach is to prepare a full planning application (is second house proposal etc) and include an application to VARY, not remove the covenant. Vary it to allow a second dwelling will mean that beneficiaries (your neighbours) will know that you only want to build a second house, not have the covenant removed and then apply for a greater intensity development outcome. The process is not uncommon.