Council notes provide a timeline of events:
- 1996: The Recreation Centre and Child Care Centre at 1-11 Waterfront Place, Port Melbourne (the site) was constructed by Mirvac Victoria Pty Ltd (Mirvac)
- March 2007: The centre was purchased by Waterfront Place Pty Ltd
- August 2008: a Supreme Court action to remove the covenants was initiated by the owner but was later dropped.
- February 2011: Council requested the Minister for Planning (Brumby Government) to use his powers pursuant to section 20(4) of the Planning and Environment Act to introduce a mandatory three story height limit over land at 1-11 Waterfront Place, Port Melbourne “on an interim basis for two years while the Port Melbourne Waterfront Urban Design Framework (UDF) and subsequent planning scheme amendment to introduce permanent controls are completed.” (Amendment C87). DPCD did not support the request
- August 2011: Planning Minister Matthew Guy (Baillieu Government) transferred Responsible Authority status for all land in Beacon Cove to Council through Amendment C105. This was acknowledged by the Minister on 29 May 2912 [More (PDF)]
- 18 July 2012: Waterfront Place Pty Ltd sought orders from the Supreme Court to remove the restrictive covenants from the site under Section 84 of the Property Law Act.
- 14 August 2012: Mirvac gave written notice to the solicitor for Waterfront Place Pty Ltd that Mirvac’s position is that “removal of the covenant at this point in time is premature as Mirvac or its nominee’s legal right to be the arbiter of built form on the site would be lost prior to appropriate planning provision [being] in place for that part of Beacon Cove”.