August 2011
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Covenant Removal More Difficult
The recent decision of VCAT in Hill v Campaspe Shire Council will make it more difficult to remove or modify a restrictive covenant through the planning process. Aitken Partners property lawyer Rob Bradley says In that case, Deputy President Gibson held that:- if an application is made under clause 52.02 of the Planning Scheme for a planning permit to remove or vary a covenant, objections can be lodged by  
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Yan Yean Road Public Acquisition Overlay and Compulsory Acquisition - Further Update
The Diamond Valley Leader has confirmed our reports earlier this week of the process taking place on the Yan Yean Road Duplication. As a leading lawyer in Compulsory Acquisition, Andrew Blogg has been quoted in the article explaining the process.
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Yan Yean Road Public Acquisition Overlay and Compulsory Acquisition - Update
After various meetings with land owners, residents and the Nillumbik Shire Council, it appears VicRoads has settled on a modified version of what was known as Option 1, incorporating some suggestions from the Council. We await the detailed plans.
Our understanding is that we expect a Public Acquisition Overlay to be in place by the end of the year, with the acquisition process to take place at a later date. However, as we discussed at our information evening in July, the decision is open to change and is still our best guess.
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