FAQ

The purpose of Amendment C114 to the Manningham Planning Scheme is to facilitate the removal of the two restrictive covenants applied to 42 Walker Street, Doncaster, modifying the Schedule to Clause 52.02 Easements, Restrictions and Reserves of the Manningham Planning Scheme. 

The restrictive covenants limit development on the sites to one dwelling per site and also restrict the materials which can be used.

There are three ways to remove or vary a restrictive covenant on a title:

1.  Apply for a planning permit. This can be made by anyone to vary or remove a covenant.

2.  Request Council to prepare an amendment to the planning scheme, varying or removing the covenant.

3.   Apply to the Supreme Court for an order to vary or remove the covenant

Council is currently considering the second option, where the owner of the land has requested Council to remove the restrictive covenant applied to their land. 

If the Amendment is approved, it will enable  the owner of the land to apply for a planning permit for subdivision  for two or more dwellings, and use materials different to those specified in the covenant.

The removal of the restrictive covenants is consistent with the  Manningham Planning Scheme which provides opportunities for redevelopment of the land as well as providing a range of housing options within close proximity to the Doncaster Hill Activity Centre.

In determining if it is appropriate to remove or vary a restrictive covenant through a planning scheme amendment process, Council would need to:

• Be satisfied that the Amendment would further the objectives of planning in Victoria

• Consider the interests of affected parties, including the beneficiaries of the covenant

• Consider whether the removal or variation of the covenant would enable a use or development that complies with the planning scheme

• Balance conflicting policy objectives in favour of net community benefit and sustainable development. 

You can inspect the Amendment, any supporting documents  and the Explanatory Report , free of charge, at the following locations:

• In the Document Library at www.yoursaymanningham.com.au/

• Manningham Civic Centre, 699 Doncaster Road, Doncaster

• At the Doncaster library

• At the Department of Environment, Land, Water and Planning website www.delwp.vic.gov.au/public-inspection. 

Any person who may be affected by the amendment can make a submission.  All submissions must be in writing and can be made:

• By completing the submission for on this project page

• By mail to the Manager City Strategy, Manningham City Council, PO Box 1, Doncaster, Victoria 3108

Submissions must be received by COB 28 July 2017.

Manningham Planning Scheme:  A planning scheme is a statutory document which sets out objectives, policies and provisions relating to the use, development, protection and conservation of land in the area to which it applies. A planning scheme regulates the use and development of land through planning provisions to achieve those objectives and policies.

Restrictive Covenant:

A restrictive covenant is defined as a restriction within the meaning of the Subdivisions Act 1988.  It is a private agreement between landowners to restrict the use or development of land for the benefit of other land.  The land where the restriction applies is referred to as the burdened land and the land with the benefits of the restrictions is referred to as the benefited land.  A registered restrictive covenant is recorded on the certificate of title for the burdened land and the full details are contained in a separate document known as the Instrument of Transfer. 

Covenants or restrictions can limit the use and development of the land so as to protect the neighbourhood character or guide the long term development of the area. 

A common type of covenant is one that limits the use and development of a lot to a single house.  Other common types of covenants are those which restrict the type of building materials for new buildings.

A covenant is not extinguished with the sale of land – it runs with the land so that when the land with the restrictive covenant is sold the new owners will be bound by the covenant.

Beneficiaries to the covenant: Owners of land within the same subdivision are not all necessarily beneficiaries of a covenant shown on the title for a particular lot.  The extent of nearby land owners having the benefit of the covenant is dependent upon the wording of the covenant and the date that each lot was transferred from the parent title.

The beneficiaries of the covenants map associated with 42 Walker Street is available in the document library on this project page.