List member Tiphanie Acreman recently appeared in a case concerning a restrictive covenant. The hearing was on the preliminary question of whether a proposed development breached an existing single dwelling covenant.
Tiphanie appeared for a permit applicant who proposes to construct an apartment building on unburdened land with an underground basement car park to span the unburdened land and an adjacent burdened lot. An at grade car park is proposed for the burdened lot above ground level.
Member J Perlstein in the Planning and Environment List at VCAT determined that the proposed development would not breach the restrictive covenant. The reasons for decision are available here.