Do you have a Development Application with Consent Conditions to obtain a Positive Covenant and/or a Restriction on the Use of Land? Do you need help getting it registered? Then read on….
Council imposed Positive Covenants and Restrictions on the Use of the Land when developing.
Due to the Council’s Water Management for Development policy, an ‘On-site Stormwater Detention’ (OSD) system is generally required for all developments in the Northern Beaches. This type of system is put in place to store stormwater runoff temporarily and minimise the chance of flooding. By storing the stormwater runoff temporarily, the rate at which stormwater runoff flows onto other people’s properties or into the Council’s drainage system is reduced. Other similar types of systems, including pump drainage systems or alterations to landform, may also be required.
Where an OSD is required, a Positive Covenant and a Restriction on the Use of the Land must be registered in favour of Northern Beaches Council of the property’s Title. To comply with the development requirements and to satisfy the standards to obtain an Occupation Certificate, you will need to have the documents prepared and registered in the manner set out by Northern Beaches Council.
What is a Positive Covenant?
A Positive Covenant imposes an obligation on the landowner to do a certain thing. The Positive Covenant that must be registered in relation to the OSD requires that the landowner care for, control, and maintain the OSD system.
What is a Restriction on the Use of the Land?
A Restriction on the Use of Land limits or conditions on land use. The Restriction that must be registered in relation to the OSD ensures that the system is not altered in any manner, shape, or form.
How do I register a Positive Covenant and a Restriction on the Use of the Land for an OSD?
Where you are required to install an OSD or similar system, a Legal Documents Application must be made to the Council. The team at Eleven Legal can help you check your consent conditions and assist you in preparing the documentation required for your application. In conjunction with the legal documents needed to register the Positive Covenant and Restriction on the Use of the Land, you will also need to organise the following:
- A Registered Engineer Certification by a suitably qualified Civil Engineer who has membership to Engineers Australia, National Engineers Register or Professionals Australia;
- A WAE (Works as executed) by a registered Surveyor and
- Photographic evidence of the OSD.
More information on the Council’s requirements can be found here.
Once the documentation is in order, it will need to be submitted to the Council for approval and then to the NSW Land Registry for lodgement. At Eleven Legal, we can lodge this document for registration for you.
If you are required to install an OSD or a similar system as part of your development and need help understanding the requirements you must meet, or you need assistance with applying for the registration of any dealings on the title of your property, the team at Eleven Legal can help; contact us today!
