Project: Medical Centre – Use Restrictions
Municipality: Mornington Peninsula Shire
This site is encumbered by a 90 year old Restrictive Covenant which prohibits the development of the site for multiple dwellings or non-residential buildings. Objections from beneficiaries thwarted the removal of the covenant in 2012, however a new owner willing to retrofit the existing dwelling on the site for use as an orthodontist breathed new life into the site. The unusual wording of the covenant allowed the inside of the building to be used as a medical centre (subject to Council’s approval), but did not contemplate a new building on the site, effectively circumnavigating the covenant restriction.
This is a great example of how the structure of an application, and early planning advice, can substantially assist a project.