Response To Rosie Wood

You can post this on your blog....

In response to Rosie Woods comments ...

We would like to state once again that there are various covenants throughout the estate of Coldstream and a few sites without covenants at all.

The Coldstream Estate was originally set up by a few companies who owned various sections of the Estate, hence why there are various covenants governing the sites throughout the estate. As previously advised more than half the estate is covenanted by "Single Dwellings" another section of the Estate is covenanted by "Residential Purpose", with a small amount of sites remaining with no covenants.

These original covenants have not been changed since they were set up in about 1975, except for a couple of the sites, who have had an additional allowance for Childminding" to be added in 1994.

It can not be assumed that the whole estate was to be governed by a "single dwellings" covenants nor even considered an "error" when different companies/persons created this estate and clearly worded the covenants quite differently.

To state "I would make an educated guess in saying that some of the plans of subdivision without covenants should have had a covenant" is not an eductaed guess Rosie...................It's an assumption.

You also make comment that "people bought into this estate with a "single dwelling" policy in the planning, whether they have a single dwelling covenant on their property or not. When we all purchased in this estate on that basis, why should a few of you now be able to change the rules"

Firstly let me state.....When purchasing a property, isn't it normal to check out the title and see what is or isn't actually attached to a title..such as a covenant...rather than just assume or even take the word of the Agent...Is it not the responsibility of the Purchaser?

Secondly....isn't it also the right of a person to do with their land what they are legally entitled to do? This is not changing rules, merely exercising their legal right.

This now brings me to your comments about myself.

Yes I am an independent Planning & Building Consultant enaged by the various Owners of these properties to submit applciations on their behalf for these dual occupancies...all of which by the way, have the Covenant "Residential Purpose" so it is their legal right to apply for these dual occupancies.

As you are aware, my interest in this applciation is that I have been engaged to do a job, and this is my only interest in these applications. I submit applications on behalf of my clients wishes...This is my job.. after all I am a Planning & Building Consutlant....but you already know this Rosie.............as if you recall........I came to visit you under a similar situation when you were thinking of doing a development at your parents place.

As for your comment "with the size of our blocks and an opportunity to potentialy build 3 or 4 units/townhouses, it would make commercial sense to demolish".

Clearly you do not understand the Planning regulations and what is and isn't allowed in various areas or what developers even look for.

For a developer to develope a site, it has to be viable and in accordance with the requiremens of that particular area....

Coldstream is not in a high density area, unlike parts of Lilydale, Chrinside Park etc etc.and the size of the lots within Coldstream areas without the restrictive covenant of Single Dwelling.are simply not large enough as they are generally in the vicinity of about 800 to 900 sq.m (although there may be the odd site that is larger)....so it is not a "wateredowned down statement", when it is based on the State and Local Planning Policy Framework as it exists at this present time.

My statements are based on my expertise, experience and the fact that I have been doing this job for over well 23 years now....it has nothing to do with how I perceive any residents in any areas of the projects I undertake on behalf of my clients

Vari Perez

Planning & Building Consultant





PS...Mario...don't seem to be able to respond via comments...so you have my permission to do so..via this way rather than put in in the main contents part of your blog.

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Vari: Sorry I had to post it on the main page as it was too long for a response, Mario