To Build or Not to Build

The following response to the "UNIT CRISIS" was sent to me by "MAP Building Consultants" in an effort to correct a few points in the newspaper article by Kath Gannaway.





September 22nd 2009


It seems to be unclear to some within the Coldstream Community regarding the Covenants that exist on some of the sites within Coldstream and some people have the impressions that these covenants have been “changed” and/or “removed” however contrary to this belief all Covenants still remain as originally attached to the titles

I would like to clarify this fact by stating that the Coldstream Residential area with the applicable covenants that I am referring is the area flanked by Killara Road, Maroondah Highway and Ingram Road with Green Wedge Agricultural land to the East of the Estate

Within this residential area there are various Covenants which are attached to most of the sites, with the exception of approximately 60 sites with no covenants at all.

Whilst there are varying Covenants regulating the remaining sites, these states various restrictions with two main covenants governing construction of buildings within this area.

The wording of these Covenants may vary depending on when the original subdivision took place and was finalised.

Consequently you have a number of Covenants that state - “not to erect or cause or suffer to be erected upon the said lot more than one main building being a dwelling house together with the usual outbuildings such main building containing a floor area of not less than 1300 square feet….etc etc…”

And the other Covenants state:- “its successors and tranferees will not use any one of the said lots hereby transferred for other than residential purposes”.

At least half of the Coldstream residential area referred to, is Covenanted by the Covenant “one main building being a dwelling house” meaning only 1 dwelling can only be built on the site

The other half of Coldstream (with the exception of approximately 60 lots without covenants) has the other covenant “use for residential purposes’ which allows for medium density development.

So in fact all Covenants governing these applicable sites throughout Coldstream have not been changed or removed and remain the same.

You can verify yourself which Covenant applies to your own site by carrying out a title search on the applicable website.