Beacon Cove - what is changing and why?
As the development of Beacon Cove is substantially complete, Mirvac and the State Government are in the process of handing responsibility for Beacon Cove to the City of Port Phillip. As part of this process, a number of changes need to be made to the planning controls and restrictive covenants that affect Beacon Cove to better reflect the current and future use of land, and ensure that administrative and technical details are correct.
Prior to commencing the formal process to make changes, Council wishes to consult with the community to understand views about various aspects of the covenants and planning controls that cover Beacon Cove.
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Restrictive covenants
A restrictive covenant is a private agreement between land owners which may restrict the way land may be used and developed. A covenant is not administered or enforced by the government or by council.
At the time of subdivision of Beacon Cove, Mirvac placed restrictive covenants on properties in order to control a range of design and amenity matters such as fence design, paint controls, storage in front yards, and hanging of laundry. The  Information Sheet - Covenants in Beacon Cove details the type of covenants on properties in Beacon Cove.
Normally covenants are controlled by the beneficiaries of the covenant (i.e. the owners of any property covered by the covenant). The covenants in Beacon Cove however, are different in that they also involve a third party (in this instance Mirvac). The covenants in Beacon Cove are written in a way that does not reflect current best practice or what is normally done.
Consequently, Council intends to use this opportunity to bring the covenants in line with current best practice and to transfer as many of the restrictions as practical into planning controls which can be enforced by Council.
Some restrictions, particularly those relating to amenity matters, cannot be translated into the planning scheme. Community views are sought as to the value of these restrictions to enable Council to determine if there is a need to manage them and, if so, the best way in which to do this.
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Proposed changes to planning controls
The current planning controls over the residential part of Beacon Cove, in the form of a Comprehensive Development Zone, are no longer required or appropriate as the development has been completed.
It is proposed to amend the planning controls for the residential areas to better reflect the actual use of the land, and to put in place appropriate design controls to ensure the integrity of Beacon Cove is maintained if and when future development takes place.
As far as is practical, the new planning controls will reflect the existing use and development of land for example, residential areas will be zoned for residential use.
In some instances, the current controls are not standard for the rest of Port Phillip and views will be sought from property owners about whether these should change or remain the same.
Note that the commercial areas to the south east of Beacon Cove are still undergoing development, so it is not proposed to change the planning controls for this area at this time.
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Process
The proposed process for formalising changes to the planning controls and restrictive covenants in Beacon Cove is:
Step 1: Informal consultation with property owners, commencing 18 August - 19 September 2008
Step 2: Council to prepare draft controls for Beacon Cove and decide whether to proceed with changes.
Step 3: Planning Scheme Amendment to change planning controls and restrictive covenants. This step includes a formal consultation process and an independent panel review.
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How to find out more and have your say
Survey
Complete the  Beacon Cove Survey 2 online
Information session
Council officers will be available to discuss your views on Saturday 13th September between 10.00am and 2.00pm in Beacon Square Park. You may drop in at any time to speak to us about how the changes may affect you, and your views on the current and future controls over Beacon Cove.
More information
Use eServices to ask us a question, request information or give us feedback online. If you prefer phone ASSIST on (03) 9209 6777 or TTy (03) 9209 6713 and ask for Strategic Planning. Alternatively, you may email beaconcove@portphillip.vic.gov.au.
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