Engaging a professional in the area of Town Planning is an absolute advantage when considering an application to amend or remove a covenant.

Fisher Planning has the professional knowledge and qualifications in town planning to assist you in this process.

A covenant is an agreement by the land owners to abide by a private written agreement on the land that is burdened. The enforcement of a covenant is achieved by the land owner/s that benefit from the covenant, not by the Local or State Government.

A typical covenant could be the restriction on further subdivision of the parcel of land or the restrictive use of construction materials for a development.

A Planning Application can be made to amend or remove the covenant. There are strict regulations that apply to an amendment or removal of a covenant that address the impact on the benefited land.

Less commonly a Planning Scheme Amendment can be used to amend or remove the covenant, however this process is best utilised when a Planning Scheme Amendment is already under consideration.

Example Projects:
Millard vs Mildura RCC - 413 Walnut Ave—interpretation of covenant. Victorian Civil and Administration Tribunal (VCAT) reference P1615/2013 – 25 February 2014

Further Information
Department of Transport, Planning and Local Infrastructure

NSW Land and Property Information - Registrar General Directions
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