LWP Property Group was (and still is to a certain degree) responsible for the development of Ellenbrook which at the time was primarily a green field site.
The relevant planning and other advice to the then developers LWP was that in the establishment of an open field development such as Ellenbrook, the major retail component should be located in a certain area and other retail developments should be limited until the main shopping centre expanded and the population reached a certain size.
As a result LWP adopted the concept of the restrictive covenant in order to create a vibrant, well-planned Town Centre.
LWP sought to ensure that over time the Ellenbrook Town Centre had the potential to become a shopping precinct superior to others previously developed in the City of Swan. They also incentivised potential owners of the shopping centre by offering the restrictive covenant.
There are two restrictive covenants:
The terms of both restrictive covenants are virtually identical.
The restrictive covenants are accessible by the public through Landgate. For convenience, copies of both restrictive covenants are attached for your information.
When they were created the restrictive covenants were:
Where these larger lots have been subdivided, the restrictive covenant remains, at law, applicable to (and on the title of) the smaller subdivided lots.
The Insurance Commission purchased the Shops at Ellenbrook site on 7 November 2003.
The Insurance Commission plans to continue to develop the Shops at Ellenbrook to a high standard and for it to remain a focal point of the Ellenbrook Town Centre.
The Insurance Commission has not sold any portion of the site nor surrounding land since purchase and at this point does not propose to sell any of the site, which is a reflection of the Insurance Commission's commitment to the continuing development of Ellenbrook.
The Insurance Commission on acquiring and developing the green field site, has the obligation to enforce the restrictive covenants to the best of its ability, in order to ensure the viability of its investment in the existing shopping centre and in particular the proposed future stages of the centre.
As part of the green field site development, the Insurance Commission has undertaken to develop a major shopping centre in the Town Centre.
Stage 1 of the shopping centre has been completed, and Stage 2 is required to be completed by 31 December 2010 or a later time, depending on the population figures in Ellenbrook.
Notwithstanding that the population has not yet reached the requisite threshold, the Insurance Commission has commenced preparations for the development of Stage 2 and construction will commence over the next 12 months.
It is proposed Stage 2 will have a lettable area of approximately 15,000 to 20,000m2 and include a discount department store, a second supermarket and approximately 40 specialty shops.
Subject to certain developments being confirmed, it is also intended to include with the Stage 2 works a further 6,000 to 8,000m2 to accommodate some big box type retail developments.
Persons looking at developing or acquiring an interest in land in Ellenbrook should seek their own legal advice in relation to their proposed transaction and particularly the applicability and effect of the restrictive covenants.
| Release Date | Statement Title |
|---|---|
| 4 September 2008 | Restrictive Covenant I687182 |
| 4 September 2008 | Restrictive Covenant I687188 |
| 14 August 2009 | Future Staged Unrestricted Retail Masterplan |
| 7 October 2009 | The Brook Press Release - Photo 1 & Photo 2 |
For more information regarding Ellenbrook please visit the weblink...
To see what was said in Parliament about the restrictive covenant, click here.
