The most common way to vary or remove a covenant is via a planning permit.
A ‘text plan’ outlining the variation or removal is prepared to support the application.
Council must notify all beneficiaries and under the Planning and Environment Act it is mandatory for Council to refuse an application if any objection is receive from a beneficiary.
Applications submitted on SPEAR under Section 23 of the Subdivision Act do not require a Licensed Surveyors Report
*Easements can also be removed or varied under Sections 23 of the Subdivision Act. For details refer to tabs under heading ‘Easements’
Text Plan
An example of a ‘text plan’ to remove a restriction