Restriction on the use of land

The information provided here is for Willoughby Council purposes only.  For more information about the process from NSW Land Titles perspective, please call their office on 9228 6666 or 1300 052 637, prior to lodging the documents with the Council. 

What is a positive covenant (PC)? 

A positive covenant is a legal covenant on a certificate of title for a property.  The order must state:

  • the land burdened by the positive covenant
  • the particulars of the positive covenant. A positive covenant must require the carrying out of a particular obligation by the registered proprietor, e.g. to repair or insure a building etc.
  • the name of the prescribed authority in which the land is vested.

What is restriction on the use of land by a prescribed authority?

Such an order must identify the land affected by the restriction, specify the terms of the restriction, and specify the prescribed authority imposing the restriction.

Why do you need it?

To meet development application consent conditions where applicable for the purpose of:

  • A rain water tank (retention or reuse tank that is above or below ground).  The tank collects water from the roof and can be used for non-potable uses such as gardening, toilet flushing, washing cars or similar.  Water is not for drinking.
  • An on site detention (OSD) system – used to collect water run-off from the site and temporarily store in tank in the ground or above ground basin.  The purpose is to release water into council’s stormwater pipes slowly to reduce flooding and water run-off into other properties.
  • You can have one tank type or both, depending on the development type.

Lodge sections 88B/88E for water tank or OSD

  • Creating an easement for shared path right-of-way (ROW) or public access to provide public access to the designated area used (such as front set-back) as part of a shared path fronting developments along Pacific Highway (or other roads specified by council).

Lodge s88B for creating an easement

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