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GOVERNMENT AGAIN OPPOSES COVENANT PROTECTIONS

News Release - Thursday, 30th November 2000

The State Government has again refused to accept Opposition amendments which would limit the power of the Minister for Planning to take away the rights of home owners and others who are entitled to the benefit of single dwelling or other restrictive covenants.

The Legislative Council passed legislation today, without the amendments, after the Opposition allowed it to proceed in order to avoid delaying commencement of other provisions in the Bill.

"By rejecting these amendments, the Planning Minister John Thwaites is ultimately saying to Victorians 'Trust me'," the Shadow Minister for Planning, Robert Clark, said.

"So long as he goes through the required processes, at the end of the day he can do what he likes. He has demanded accountability from everyone else, but has refused to accept it for himself.

"Both sides of politics proposed significant improvements to the protection of covenants during last year's election campaign.

"However, while the Government's legislation achieves some improvements, it will also lead to increased pressure from developers seeking to have Councils and the Minister use planning scheme amendments to remove covenants.

"This made it highly desirable to amend the legislation to ensure that these rights cannot be simply taken away from people without very good reason.

"The Opposition's amendments said that there must be an overriding public interest to justify depriving owners and occupiers of their covenant rights by planning scheme amendment.

"A report on the legislation which the Government itself commissioned - the Montebello Report - found that planning panels already apply a public interest test in making recommendations on covenant removal proposals, but that the application of the test has varied from one panel to another.

"By rejecting the Opposition's amendments, the Government has allowed this variability and uncertainty to continue, as well as leaving the Minister for Planning free to do what he likes regardless of the panel recommendation on public interest.

"The Bill also leaves residents exposed to expensive Supreme Court actions by developers seeking to remove a covenant even if a Council or the Minister rejects a covenant removal.

"This Bill was an ideal opportunity to move forward in a bi-partisan manner to overcome a significant weakness in the protection of covenants, and it is most disappointing that the Government has rejected that opportunity," Mr Clark said.