Council Minutes - Section C: Common Seal Register - 10 July 2012

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Cr Harwood moved, Cr Richards seconded -

That the following documents be signed and sealed by Council.

Carried.

1. Section 173 Agreement between Greater Geelong City Council and Shell Road Development Pty Ltd for 71 Oakdean Boulevard, 19-21 Milborne Drive and 6-8 Inglewood Lane, Ocean Grove

2. Section 173 Agreement between Greater Geelong City Council and Hind Property Pty Ltd for 226 Latrobe Terrace, Geelong

3. Section 173 Agreement between Greater Geelong City Council and Melissa Peh for 1 Warwick Street, Newtown

4. Section 173 Agreement between Greater Geelong City Council and Ruscam Developments Pty Ltd for 8-10 Talpa Crescent, Corio

5. DEECD Capital Funding Agreements - Grovedale Early Learning Centre

6. DEECD Capital Funding Agreements - Barwon Heads Early Learning Centre

1. Section 173 Agreement between Greater Geelong City Council and Shell Road Development Pty Ltd for 71 Oakdean Boulevard, 19-21 Milborne Drive and 6-8 Inglewood Lane, Ocean Grove

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 36 of Planning Permit No. 951/2008/A> issued on 16 September 2009 which was amended by VCAT on 10 August 2011 which allowed the staged multi lot subdivision of the land generally in accordance with the endorsed plans.

The purpose of the Agreement is to provide for a playground to be constructed within close proximity to the area of land which forms part of the planning permit. The playground forms part of the Public Open Space Contribution of the Planning Permit. Prior to the issue of a Statement of Compliance for Stage 23, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner’s Obligations

1. The design and construction of a playground by the owner in the agreed location within Holburn Drive Basin Reserve and the provision of associated landscaping.

2. That Council's approval of the playground design and landscaping plan will be obtained prior to construction.

3. The timing for the completion of the playground.

4. Playground maintenance periods and handover arrangements with the Greater Geelong City Council.

5. The ending of the Agreement upon the handover of the playground to the Council and the expiration of the maintenance periods.

Council Obligations

Nil.

2. Section 173 Agreement between Greater Geelong City Council and Hind Property Pty Ltd for 226 Latrobe Terrace, Geelong

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13 of Planning Permit No. 60/2011 issued on 23 November 2011 which allowed Development and Use Associated with 2 x Three-Storey Dwellings and 1 x Double-Storey Dwelling; Partial Demolition, Internal Alterations and the Provision of a Dwelling and Offices within Existing Building; Partial Waiver of Car Parking; Alteration (Removal) of Access Adjacent Road Zone Category 1; and Four (4) Lot Subdivision.

The purpose of the Agreement is to register obligations relating to the future development of the lots approved by the permit.

This Agreement was prepared for the applicant by one of Council’s panel solicitors.

Owner’s Obligations

The Owner agrees that following registration of the plan of subdivision approved by the planning permit any development of the land must accord with the endorsed plans forming part of the planning permit (or any amendment to the planning permit) or any subsequent planning permit issued by Council.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Melissa Peh for 1 Warwick Street, Newtown

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 10 of Planning Permit No. 732/2011 issued on 14 October 2011 which allowed the demolition of outbuilding, construction of second dwelling and tow lot subdivision.

The purpose of the Agreement is to provide for all development to be in accordance with the endorsed plans forming part of Planning Permit 732/2011 (or any amendment to that permit) or any subsequent planning permit. Prior to the issue of a statement of compliance, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner’s Obligations

That it will ensure that all development is in accordance with the endorsed plans forming part of the Permit (or any amendments to that permit) or any subsequent planning permit issued by the Responsible Authority with respect to the Land.

Council Obligations

Nil.

4. Section 173 Agreement between Greater Geelong City Council and Ruscam Developments Pty Ltd for 8-10 Talpa Crescent, Corio

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 6 and 17 of Planning Permit No. 1305/2011 issued on 4 January 2012 which allowed Construction of Four Dwellings (4) and Four (4) Lot Subdivision

The purpose of the Agreement is for the In the event of any operational difficulties with the pump system, it is the Responsibility of the land owner to rectify these difficulties; Any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner’s full cost. Prior to the commencement of development or statement of compliance, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner’s Obligations

Prior to the commencement of development or Statement of Compliance the land owner must enter an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority:

1. In the event of any operational difficulties with the pump system, it is the Responsibility of the land owner to rectify these difficulties;

2. Any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner’s full cost.

Council Obligations

Nil.

5. DEECD Capital Funding Agreements - Grovedale Early Learning Centre

Officer's Comments

The Department of Education and Early Childhood Development (DEECD) has committed $2 million in funding for the construction of an Early Learning Centre in Grovedale.

At the Ordinary Council Meeting on 10 May 2011, the commitment of funding was noted by Council. Council has subsequently received two reports regarding the Grovedale Early Learning Centre (28 June 2011 and 14 February 2012).

DEECD requires a Capital Funding Agreement to be signed by Council to provide the capital funding for the project, which has been included in the 2012-2013 Budget.

It is recommended that Council signs and seals the DEECD Capital Funding Agreement for the Grovedale Early Learning Centre.

Owner’s Obligations

Nil.

Council Obligations

Nil.

6. DEECD Capital Funding Agreements - Barwon Heads Early Learning Centre

Officer's Comments

The Department of Education and Early Childhood Development (DEECD) has committed $1 million in funding for the construction of an Early Learning Centre in Barwon Heads.

At the Ordinary Council Meeting on 10 May 2011, the commitment of funding was noted by Council. Council has subsequently received three reports regarding the Barwon Heads Early Learning Centre (28 June 2011, 31 January 2012 and 12 June 2012).

DEECD requires a Capital Funding Agreement to be legally signed and sealed by Council to provide the capital funding for the project, which has been included in the 2012-2013 Budget.

It is recommended that Council signs and seals the DEECD Capital Funding Agreement for the Barwon Heads Early Learning Centre.

Owner’s Obligations

Nil.

Council Obligations

Nil.

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