32 Relowe Crescent, Balwyn VIC 3103

Construction of four (4) dwellings on a lot and variation of Restrictive Covenant 1308990 contained in Plan of Subdivision 007117, Volume 04042 Folio 226; as follows: “… will not at any time hereafter erect upon the said lot hereby transferred any building other than one dwelling house with outbuildings and that such dwelling house…” to be replaced with “… will not at any time hereafter erect upon the said lot hereby transferred any building other than four dwelling houses with outbuildings and that such dwelling houses…”

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We found this application for you on the planning authority's website 21 days ago. It was received by them 10 days earlier.

(Source: Boroondara City Council, reference PA21/0076)

9 Comments

Have your say by adding your own comment.

  1. Russell Cooper commented

    This seems to be an attempt to remove a single dwelling covenant which should be rejected by Council

  2. Austin shih commented

    Covenant change should be reject by council straight away otherwise why have covenant. The new purchaser is well aware of covenant when purchased in Dec 2020 for 1.96 mil. It looks like speculative purchase.

  3. Sylvia commented

    One trason for covenants is to protect the environment of surrounding properties. Property is often purchased with an eye to the surrounding covenants and a premium price is paid.
    To remove a single dwelling covenant and allow FOUR dwellings will reduce other property values. This will be yet another concrete/polystyrene monstrosity with very little garden space after allowances have been made for driveways, paths etc.
    Council please do not approve this, not even for TWO dwellings.

  4. commented
    Hidden by site administrators
  5. Bruce Grundy commented

    The abrogation of a contractual covenant is not something a Council has the power to approve. The "developer" will need to take their case to the Supreme Court which will enforce the contract.

    Removal of single dwelling covenants harms the value and amenity of surrounding properties.

    Boroondara Council should halt the removal of the city's tree cover, rather than continue pretending to be green.

  6. Local Resident 25+ years commented

    The comment by Bruce Grundy speaks for many of us. The Single Dwelling Covenants have a purpose which is crucial in protecting the value and amenity of surrounding properties and the quality of the local area. That is the reason they were placed on the Title in the first place. The function of the Single Dwelling Covenants is more important now as we are facing increasing Developer pressure to 'penetrate our suburb' in the pursuit of making millions for the Developer. Our existing amenity could be lost forever without the Covenants protecting our properties.

  7. Russell Cooper commented

    This seems to be an attempt to remove a single dwelling covenant which should be rejected by Council

  8. Helen commented

    Buyer beware - removal of a single dwelling covenant has been tested and rejected in court in the last couple of years - don't bother trying again, it will be fought. Please preserve what little green space we have in the area. The construction of multi-dwellings and large homes on blocks is creating heat islands, removing vegetation/habitat, reducing bio-diversity and further degrading the general amenity of the area. It's time to put the environment ahead of financial gain and development.

  9. Hasan commented

    A developer bought 49 Ellsa St Balwyn Nth knowing that it had a single dwelling covenant. The local residents ran a campaign against the removal of the covenant and were successful in stopping its removal, the developer withdrew their proposal.

    A developer bought 29 Frank St, Balwyn Nth knowing that it had a single dwelling covenant. The local residents supported a campaign and a court action against the removal of the covenant and were successful in stopping its removal, the developer withdrew their proposal.

    Boroondara Council is to be commended for supporting the local residents and preserving the liveability of the area by maintaining these covenants.

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