Project: Covenant Removal
Municipality: City of Maribrynong
This is just one of countless allotments across metropolitan Melbourne which have a potential to accommodate a substantial redevelopment, but are hampered by a restrictive covenant registered on the Title. Clause:1 was engaged to provide advice on the likelihood of success for an application to remove a single dwelling covenant present on this site in Maribyrnong.
The site had previously been developed with a single storey brick dwelling, despite having an area of over 938 square metres. Considering the development potential of the land, the client was seeking to unlock its financial worth by removing the covenant.
While 68 beneficiaries were annexed to the covenant, Clause:1 successfully argued for its removal despite onerous considerations contained within the Planning and Environment Act 1987. The client was then free to develop the land with multiple dwellings as intended.