In brief - Councils' power to ignore a private covenant may
be good news for property developers in New South Wales
The Act
Planning legislation has for some time allowed for development
to be conducted which may not necessarily comply with private
covenants and restrictions on use.
Section 3.16 (2) of the
Environmental Planning and Assessment Act 1979 (Act)
provides the following:
For the purpose of enabling
development to be carried out in accordance with an environmental
planning instrument or in accordance with a consent granted under
this Act, an environmental planning instrument may provide that, to
the extent necessary to serve that purpose, a regulatory instrument
specified in that environmental planning instrument shall not apply
to any such development or shall apply subject to the modifications
specified in that environmental planning instrument.