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ARTICLE · 12 AUGUST 2019

A quick reminder that you may be able to override restrictions on development use

Councils' power to ignore a private covenant may be good news for property developers in New South Wales.

AustraliaReal Estate and Construction
Brianna Clark
Brianna Clark

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.

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