New South Wales Consolidated Regulations

WILLOUGHBY LOCAL ENVIRONMENTAL PLAN 1995 - REG 10

10 Suspension of covenants

(1) For the purpose of enabling development to be carried out in accordance with this plan or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to the development.

(2) This clause does not apply to:

(a) land within the Innisfallen Castle Estate shown on sheet 5 of the map, or

(b) 136 and 136A Edinburgh Road, Castlecrag, being lots 1 and 2 in DP 847190, or

(c) a covenant imposed by the Council or which the Council requires to be imposed.

(3) This clause does not affect the rights or interests of any public authority or Sydney Water under any registered instrument.

(4) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)-(3).