The owners of two properties located in an urban growth area to the south of the city are seeking permission to discard an 'outdated' covenant put in place almost 30 years ago.
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They say the covenant, which is currently in place for two adjoining properties at 64 and 74 Webb Road, is no longer valid, and that it is preventing them from developing their property.
The ruling prohibits owners of the site from building anything other than a house that is bigger than 120 square metres. It also limits the land to rural residential use only.
The application documents state that the original covenant was put in place in 1991.
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The applicant for changing the rules for 74 Webb Road described the covenant as "outdated".
They said it was "no longer relevant as the area has changed from farm land to housing and also a shopping precinct."
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The application also suggested the removal of the covenant would not cause any financial loss to anyone if it took place: "In fact, if the covenant were to stay in place, the property would be of lesser value."
The applicant argues that the lifestyle that was in place when the covenant was agreed has disappeared for good.
"Since the development of the areas around us, the traffic on Webb Road has increased, also the noise from the construction and also from the shopping centre. "
The applicant also describes how the number of people walking, running and riding bikes along the road had also noticeably risen.
"We fully understand that there may be people who do not want this covenant removed, and we can understand that, but times and the area use has changed from what it was... when the covenant made sense."
"So we respectfully request the removal of this covenant.
"The lifestyle that we once had has already been greatly impacted and the removing of the covenant will not make any difference to this."
An almost identical letter was submitted by an applicant at 64 Webb Road.
Both addresses are listed within the Bonshaw district.
According to the directions function on Google Maps, they are just a kilometre from Delacombe Town Centre shops - which lie an estimated a 10-minute walk away.
- For more details on either of the planning applications to remove the covenants, go to the City of Ballarat planning website at eservices.ballarat.vic.gov.au.
- You can find the applications under PLP/2020/682 (64 Webb Road) or PLP/2020/679 (74 Webb Road). Or you can view them by searching under "planning applications currently advertising".
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