This development consisted of 12 dwellings on a corner site in suburban Packenham. The site was a vacant block of land but unbeknownst to our client contained a restriction on the title requiring large side and rear setbacks that would reduce the site yield from 12 dwellings to 6 dwellings.
On review of the restriction on title our team discovered it contained a ‘sunset clause’ that stated that the setbacks were no longer applicable 5 years after the plan of subdivision was registered. As the plan of subdivision was registered in 2007 and the application to develop the site for 12 houses was made in 2020 the setbacks were no longer required and when council were alerted to this they accepted the restriction was no longer applicable and the permit was approved for 12 dwellings. Such sunset clauses are commonplace in restrictions registered on title but can be difficult to find in the lengthy title document so ensure you read them in full and seek advice before making any decisions.