_You Can’t Live Here

Collie was intrigued to hear in the news recently that a land developer in Tasmania had included a covenant in its contracts of sale for lots, to “not to use or allow the property to be occupied on any basis which involves any state or federal government rental assistance, benefit or relief”.  This restriction, which has been removed, on such housing use was noted as intended to encourage better design and higher quality homes that will increase property values to the benefit of lot owners.  

Given the current state of the Australian housing market, especially in terms of tight rental opportunities and lack of affordable housing, it is not surprising that there has been an outcry from affordable and public housing advocates labelling the practice as discriminatory.

While Collie has been involved in preparing ‘restrictive covenants’ for its own clients, these have always related to house siting and design requirements and never in its experience to restrictions on the financial situation of the purchaser / tenant. 

It has been reported that the Tasmanian Government has opened an investigation into the matter. 

. . . Meanwhile in Victoria

In other news from Victoria, it has been announced recently that all supplementary documents incorporated in all municipal planning schemes will be available to be viewed online from 24 February 2023. 

Collie applauds this move, which will increase planning control transparency and ease of use when considering planning provisions that affect the use and development of land.