RESTRICTIVE COVENANTS

Course Description

Restrictive covenants are where property law crosses with planning law. A planning permit may not be granted if it would authorise a breach of a restrictive covenant.

Restrictive covenants may be ended or modified by planning permit or planning scheme amendment. Yet restrictive covenants are exceedingly complex to interpret. The Courts have said that subtle differences in wording or circumstances can significantly change the meaning of a covenant.

In this workshop, you will learn how to interpret a restrictive covenant, how to decide whether the grant of a permit would breach a covenant and the processes for removing or modifying a covenant.