After unsuccessful appeals to the State Government and election candidates to have the caveat removed on its properties at Spring Creek, Council is to attempt having it lifted by legal means [Council fights for Spring Creek sale.

The covenant has the effect of limiting the ability to build housing on the land until quarry activities cease, despite other blocks closer to the quarry having houses.

“[Due to improvements in blasting technology], lots closer to the quarry than Council’s investment land holdings have been allowed to proceed, while the Council owned lots have endured 30 years' worth of restrictive caveats which have prevented development from occurring,” says Mayor Neil Reilly’s Mayor Minute on the issue.

“Repeated request for the removal of the caveats have been denied by the State Government.”

Legal advice will be taken on whether they can be removed by a formal withdrawal, the caveat lapsing or a court order.

The land in question

At this stage, Mayor Reilly favors an application to the Supreme Court to order a withdrawal of the caveat.

“I consider this option as best as the need to remove the caveat is urgent and the caveator bears the burden to establish a caveatable interest and reasonable cause

(i.e. an interest in the land).

“Given Council is subject to a State Government issued Performance Improvement Order, relating directly to its financial position, all steps available should be explored with a degree of urgency and assertiveness.”

Council owns both five fully serviced housing blocks on Glenbrook Drive (2772m2), and a 22.7 acre (9.2ha) holding of residential zone land opposite and to the north of them.

Some master planning was done on the site in 2018, but it has not been formally subdivided. It is believed it would yield upwards of 90 blocks, possibly as many as 120.

With current land values, this would raise considerable money for Council and increase housing availability in the area.

"We are looking for solutions to our financial situation and it is right there," says CEO Jane Stroud.

"It would absolutely change the game and the other decisions that have to be made."