From 17 – 25 November 2014 VCAT has been hearing Application P764/2013 for removal of the covenants burdening Waterfront Place. The Application is described as “an Application for Review No P764/2013 by Waterfront Place Pty Ltd against the deemed refusal by the Port Phillip City Council to remove or vary restrictive covenants burdening the land situate and known as 1-5 and 7-11 Waterfront Place.”
Tribunal members were:
- Senior Member Michael Wright QC (Chairman)
- Member Elizabeth Benz
The order of submissions was:
- Responsible Authority: City of Port Phillip, represented by Mr Ian Pitt QC instructed by Best Hooper.
- Third Party: Mirvac Pty Ltd and Mirvac (Beacon Cove) Pty Ltd, represented by Susan Brennan and Jennifer Trewhella, instructed by Norton Rose Fulbright.
- Other Third Parties, including covenant beneficiaries and non-benefitted owners in Beacon Cove (self-represented)
- Applicant: Waterfront Place Pty Ltd, represented by Mr Adrian Finanzio SC and Marita Foley of Owen Dixon Chambers, instructed by Rigby Cooke.
Two benefitted owners of covenants submitted statements that concluded with identical wording that “as the owner of the land benefitted by the restrictions (each) consents to a planning permit being issued for any application for removal or alternatively variation of the covenants on the Waterfront Land.” Those owners were:
- The T Group Pty Ltd: registered proprietor of 101 Beach Street (the former Railway Station), and
- Bluewater Sands Pty Ltd: registered proprietor of 103 Beach Street (the Foodstore).
Chairman Michael Wright QC did not give a date for a decision.
Note: Community members, including benefitted and non-benefitted owners, felt that they were given ample opportunity to present their submissions and were appreciative of the procedural leeway given to them as lay people by both VCAT and all professional representatives of the major parties.