Restrictive Covenants

Restrictive Covenants

The Development Plan under which the Port Geographe lots were originally sold included restrictive covenants that applied to the purchaser and all successors in title. Moreover, as part of the process to achieve and maintain high standards of dwelling design, as well as landscape and environmental standards, the vendor initiated the creation of an “association” of landowners. This was intended to “regulate and control” the covenants of the Development Guidelines, and the landscaping and maintenance of common facilities. PGLOA is that “association”. Whilst recognising that the covenants are not law sensu strict, PGLOA has assumed a monitoring and advocacy role in seeking to enforce these standards through local planning codes.

Some landowners may have mislaid or otherwise not be aware of these restrictive covenants. The salient points as they apply to lots and dwellings are:

  • Single dwellings to be of prescribed minimum floor area
  • Outbuildings (such as external garage) to be constructed of similar material to the residence
  • External walls on the ground floor to be constructed with brick or other similar masonry product
  • Landscaping of areas in public view to be completed within six months of the construction of the residence
  • No transportable dwelling or mobile homes to be sited on the land

The full historic document General Conditions (1995) and the Development Guidelines can be accessed via the link above.

The restrictive covenants were to be regulated by the then Town Planning Scheme5 (TPS5) which has been superseded by the more recent TPS21.

In 2014/15, PGLOA sought to strengthen the covenants through amendments to TPS21 which will be set by the Western Australian State Planning Commission (WAPC) and controlled by the City of Busselton.

The WAPC has accepted the PGLOA submission on the prohibition on relocated, second-hand and transportable buildings, which will be enshrined in Amendment 10 of TPS21.

PGLOA has similarly sought to mandate the use of masonry on ground floor residences, via the City of Busselton Tier 2 Urban Centre Policy. Despite Council having twice unanimously resolved in favour of this requirement, both the City administration and WAPC have been reluctant to move on this matter. However the Minister for Planning, as recently as December 2016, has given support to PGLOA’s position on this matter and has invited us re-submit its proposal as part of TPS21 Amendment 10.