You’ll need to request an amendment to the schedule to Clause 52.02 of the planning scheme.

Anybody can request a planning scheme amendment, but the amendment must be prepared by a planning authority (usually the council) with the approval of the Minister for Planning. The planning authority is not obliged to prepare an amendment even if requested to and there is no appeal right. This applies to any planning scheme amendment request.

The planning authority must give notice to all owners and occupiers of land benefited by the restrictive covenant, and it must consider all submissions. If the planning authority doesn’t agree to a change that has been requested, the submission will be referred to an independent planning panel.

Planning scheme amendments usually affect a large area and require a range of strategic matters to be considered. This method isn’t usually used to remove covenants on individual lots at the request of the owner, unless other changes to the planning scheme (such as a rezoning of the land) are also proposed.

Page last updated: 28/06/22