Restrictive Covenants This fact sheet provides ... - City of Gosnells

Restrictive CovenantsThis fact sheet provides general guidance to landowners affected by a restriction on theirland’s Certificate of Title limiting the number of residential dwellings which may beconstructed on that land.A restrictive covenant is an agreement between two parties that restricts the use orenjoyment of land (often referred to as the ‘burdened land’) owned by one of thoseparties, for the benefit of another party. A restrictive covenant is noted on a Certificate ofTitle for the land.Although restrictive covenants provide a private means of controlling the use of land, incertain circumstances their existence can result in a conflict with the provisions of a localauthority’s planning scheme. For example, a restrictive covenant may limit the use of aresidential lot to a single dwelling whereas the local planning scheme and the ResidentialDesign Codes may permit the development of two or more dwellings on that lot.Clause 5.4 of Town Planning Scheme No. 6 (TPS 6) allows the City to grant planningapproval for residential development that is inconsistent with a restrictive covenant thatlimits the number of dwellings on the land. Prior to granting such approval, the City isrequired to advertise the proposal for public comment.Where landowners wish to apply to Landgate to have a restrictive covenant removed fromtheir Certificate of Title, the City can provide a letter confirming an inconsistency betweenthe restrictive covenant and the development potential allowed by TPS 6 and theResidential Design Codes. In requesting such a letter, the landowner is to submit thefollowing:a written application, requesting confirmation that an inconsistency exists betweenthe restrictive covenant and the R-Coding that applies to the land.the application fee for written planning advice.a copy of the latest Certificate of Title for the land in question.a copy of restrictive covenant documentation (the registration number can be foundon the Certificate of Title).The City will assess this information to confirm whether or not there is an inconsistencybetween the restrictive covenant and the R-Code applicable to the land. In the case of aninconsistency, the City will issue a letter addressed to the Registrar of Titles (Landgate) tothis effect.Once the City’s letter has been issued, the landowner must then apply to the Registrar ofTitles to remove the restrictive covenant. The Registrar of Titles will require a copy of theCity’s letter.For further information on restrictive covenant removal process, please contact Landgateon 9273 7373 or visit their website at www.landgate.wa.gov.auFurther InformationWAPC Planning Bulletin 91 - Estate Covenants: New Residential Subdivisions

http://www.planning.wa.gov.au/dop_pub_pdf/Planning_bulletin_91.pdfLandgate Land Titles Registration Manualhttp://www.landgate.wa.gov.au/docvault.nsf/web/Land_Titles_Registration_Practice_Manual_Edition_8/$FILE/Land_Titles_Registration_Practice_Manual_Edition_8.pdfCity of Gosnells on-line mapping systemhttp://maps.gosnells.wa.gov.au/intramaps75/ApplicationEngine/Application.aspx?project=Gosnells&