Beneficiaries to Covenants left Vexed by VCAT Decision
We at Clause:1 were interested to read a recent VCAT decision (Hutchins v Mornington Peninsula Shire Council [2001] VCAT 2007) issued in October 2011. The decision permitted the removal of a ‘single dwelling’ restrictive covenant and overturned a long established perception that Council cannot approve the removal (or variation) of a restrictive covenant if a beneficiary to that covenant objects.