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Restrictive Covenant affecting properties in Thornlie

A restrictive covenant is an agreement between two parties that restricts the use or enjoyment of land (often referred to as the ‘burdened land’) owned by one of those parties, for the benefit of another party.  A restrictive covenant is noted on a Certificate of Title for the land.

Although restrictive covenants provide a private means of controlling the use of the land, in certain circumstances their existence can result in a conflict with the provisions of a local authority’s planning scheme.  In Thornlie, a restrictive covenant exists that limits the use of a residential lot to a single dwelling whereas the local planning scheme and the Residential Design Codes may permit the development of two or more dwellings on those lots.

Clause 5.4 of Town Planning Scheme No. 6 (TPS 6) allows the City to grant planning approval for residential development that is inconsistent with a restrictive covenant that limits the number of dwellings on the land.  Prior to granting such approval, the City is required to give notice of the proposal.

Notice is hereby given, in accordance with Clause 5.4 of TPS 6, that the properties listed below are subject to this restrictive covenant and have been granted planning approval to be developed for two or more dwellings.

Property No. of dwellings Approval date
43 (Lot 315) Thornlie Avenue, Thornlie 2 20 March 2017
63 (Lot 325) Thornlie Avenue, Thornlie 2 23 June 2016
5 Hunt Street and 6 Melvin Ave, Thornlie 5 27 October 2016

Further information in relation to the removal of a restrictive covenant from a Certificate of Title can be found in the City’s information sheet on Restrictive Covenants (link below) or by contacting Landgate on 9273 7373.

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