Unfortunately the developer’s action in VCAT to vary the covenants protecting the site was successful. On the 29 January 2015, VCAT’s order was that the covenant would be varied to allow a development on site that was “contained wholly within the building envelopes depicted in the plans annexed hereto as prepared by Bosco Jonson Pty Ltd ref 26828 dated 19 September 2014” and further that MIRVAC would be removed as the arbiter of the covenant. This effectively allowed a development of up to 10 stories.
The Victorian Supreme Court action is still in place to discharge (remove) the restrictive covenant and the Plaintiff has until 11 June 2015 to file and serve upon the Defendants (Mirvac) any further affidavits material upon which it intends to rely.
The CoPP Amendment C104 has been sent to the Victorian Planning Department and has still to be approved or otherwise by the Planning Minister. At this time it also restricts development to a maximum of 10 stories and contains other shadowing restrictions.
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