Title instrument / caveat restricting excavation

Discussion in 'Development' started by melbourne171, 23rd Sep, 2021.

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  1. melbourne171

    melbourne171 Well-Known Member

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    I am going to offer a development site. I am not a native English speaker.

    I understand that excavation of earth clay stone gravel or sand is not allowed UNLESS the excavation for foundations of new building. Is it correct?

    In this case, can I subdivide the block, excavate and build new units?

    I am wondering what you you understand about the paragraph below?
     

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  2. Lindsay_W

    Lindsay_W Well-Known Member

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    1935!!?
    Sounds like you're fine as long as for foundations for construction of a new building, get your solicitor to confirm
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Precludes building a brick or tile kiln and excavation for that purpose. It's an old covenant which would be redundant and covered in modern town planning laws - @lixas4 .
     
  4. lixas4

    lixas4 Well-Known Member

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    Its an old covenant, there are quite a few out there like this one, we come across these excavation covenants every few months or so. Just make sure you comply with the covenant, confirm with your designer they will likely have come across this before. Or alternatively, look into removing it as part of the planning application, chat with your designer/planner and council to confirm.

    To be honest, i dont think we have been a part of removing an excavation covenant, as it hasnt stopped our clients doing what they wanted to do.

    @Tufan Chakir might have a different experience with this type of covenant?
     
    Scott No Mates and Tufan Chakir like this.
  5. Tufan Chakir

    Tufan Chakir Well-Known Member

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    It's not an issue. It relates to the idea that someone might want to turn the site into a quarry. back in the old days it wasn't uncommon for a good stone, gravel or clay deposit to become a small scale quarry and the material sold. The covenant prevents that from happening. No issues with excavations for dwelling/subdivision etc...you just can't start digging up the site and selling the clay etc you your local brick merchant.....
    It's not a problem for development in today's world
     
    lixas4 and Scott No Mates like this.

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