Residents to appeal Baw Baw’s covenant removal
Removal of a restrictive covenant to allow subdivision of a residential lot threatens the security of all residents in the shire, according to residents appealing a Baw Baw Shire planning decision.
On behalf of more than 70 surrounding residents, Paul Kaech is one of two residents appealing council’s decision to remove a restrictive covenant from a property in Bladen St, Warragul.
The appeal is set to be heard at the Victorian Civil and Administrative Tribunal next month.
The application was presented to council in December last year with the applicant seeking to remove a covenant to allow for a two lot subdivision and construction of two houses.
Council approved the application to remove the covenant and allow the subdivision which results in creation of a 400 square metre and 410 square metre lot.
At the time, a planning officer’s report to council said the surrounding streets were characterised by single dwellings on lots ranging between 650 square metres and 1200 square metres. There were five objections to the application. Objectors said two houses on the lot would be inconsistent with the character of the area and would negatively impact the amenity of the area.
But, aside from the impact on local residents, increased traffic and on-street parking, objectors now say council’s decision to remove a covenant sets a huge precedent.
Nearby resident Dennis Vidler said council’s decision to remove the covenant “effectively puts at risk all past, current and new estates in the control of Baw Baw Shire.”
“A large majority of property owners and developers will be able to subdivide their lot and put multiple houses on it.
“We don’t believe they (council) had grounds to approve it without consultation.
“That’s what a covenant is supposed to do, protect surrounding residents.
“This will impact everyone that has a covenant in all estates, including Waterford Rise and Jacksons View.
“There will be no protection in years to come if council decides to remove it,” he said.
Mr Vidler said they were disappointed in Cr Danny Goss’ comment at the time: “I see no detriment to the people in that surrounding area.”
He said Cr Goss did not discuss it with objectors or more than 70 other neighbouring residents.
Mr Kaech said council had no right to approve the application.
Planning officers recommended the covenant not be varied but councillors supported an alternative motion to support the application.
Mr Kaech said the report to council clearly stated “a planning permit cannot be issued due to the objections to the proposed removal/variation to the covenant received by beneficiaries of the covenant.”
He said the report advised councillors they could only approve the application if the objections were “vexatious or not made in good faith”.
Mr Kaech and Mr Vidler have co-ordinated two petitions, including an online petition.
The two petitions have attracted more than 75 signatures against council’s decision.
The online petition can be found at www.gopetition.com/petitions/hands-off-mycovenant.html