Lots in LP 40704, shown below, have for many years been believed to be the subject of a network of single dwelling restrictive covenants.

The integrity of this network has recently been drawn into question by three decisions of the Supreme Court of Victoria either modifying the single dwelling covenant to allow a second dwelling on the lot, or discharging the covenant completely.

The process for modifying or removing the restrictive covenant on your land might adopt the following course:

• receipt of advice to confirm that your covenant has similar features to the other applications;
• the drafting of an Originating Motion to the Supreme Court of Victoria to remove the covenant or modifying it to allow one additional dwelling;
• the giving of notice of the application, which may consist of putting a sign on the land for four weeks; and
• upon the consideration of any objections, relief being granted in terms similar to those sought, namely the discharge or modification of the covenant.

In the most recent applications, planning evidence has not been required.

Upon the granting of the relief by the Supreme Court, a planning permit might still be required to subdivide your land to create an additional lot for sale, but it would likely be no longer barred by s61(4) of the Planning and Environment Act 1987.

Some exemptions from planning laws might apply, for instance, for the construction of a small second dwelling.