Council Minutes - Section C: Common Seal Register - 14 August 2012

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Cr Abley moved, Cr Macdonald seconded -

That the following documents be signed and sealed by Council.

Carried.

1. Section 173 Agreement between Greater Geelong City Council and DT, RA, JA and RL Nichols and M Ritonja for 29 Eton Road, Belmont

2. Section 173 Agreement between Greater Geelong City Council and Timothy Stefanus Hulsman and Katrina Grant for 145 Minerva Road, Herne Hill

3. Section 173 Agreement between Greater Geelong City Council and Kim Michelle Rosenow and Caleb Naulty and Marcia Joan Ross for 70 Hitchcock Avenue, Barwon Heads

4. Section 173 Agreement between Greater Geelong City Council, Barwon Water and Darren John Thomson and Kelli Ann McCombe for 1 Banks Court, Belmont

5. Section 173 Agreement between Greater Geelong City Council and Brett Kane Baldwinson and Kacey Louise McCamish for 33 Barramundi Crescent, Ocean Grove

1. Section 173 Agreement between Greater Geelong City Council and DT, RA, JA and RL Nichols and M Ritonja for 29 Eton Road, Belmont

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 16 of Planning Permit No. 39/2012 issued on 26 March 2012 which allowed the construction of six dwellings and a six lot subdivision.

The purpose of the Agreement is to ensure that the lots created by the subdivision of the site will be developed in accordance with the plans approved under Planning Permit 39/2012.

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

Owner’s Obligations

The lots created by the Permit must be developed in accordance with the plans endorsed by Planning Permit 39/2012.

Council Obligations

Nil.

2. Section 173 Agreement between Greater Geelong City Council and Timothy Stefanus Hulsman and Katrina Grant for 145 Minerva Road, Herne Hill

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. 1344/2011 issued on 20 February 2012 which allowed the construction of a second dwelling and carport along with a two
lot subdivision.

The purpose of the Agreement is to register all development to be in accordance with the endorsed plans forming part of Planning Permit 1344/2011 (or any amendment to that permit) or any subsequent Planning Permit. Prior to the issue of Statement of Compliance the owner of the land must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987.

This Agreement has been peer reviewed 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 Subject 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.

The Owner further agrees to:

1. bring this agreement to the attention of all prospective purchasers, mortgagees, transferees and assigns;

2. do all things necessary to give effect to this agreement; and

3. facilitate the Council making application to the Register of Titles and do all things necessary to record this agreement in the register on the Certificate of Title to the Subject Land in accordance with Section 181 of the Act and pay all costs of preparation and execution of the agreement and entry of the memorandum on the Certificate of Title to the Subject Land.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Kim Michelle Rosenow and Caleb Naulty and Marcia Joan Ross for 70 Hitchcock Avenue, Barwon Heads

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 5 of Planning Permit No. 1237/2010/A issued on 11 August 2011 which allowed the subdivision of land into two lots.

The purpose of the Agreement is to a) acknowledge that the development on the lot may potentially suffer detriment as a result of climate change including sea level rises, storm tides, coastal erosion and sand drift. And b) any new development on the land must be provided with a minimum floor level of 3.08 metres AHD, unless otherwise approved in writing by the Responsible Authority.

This Agreement has been prepared by Harwood Andrews and therefore was not required to be peer reviewed.

Owner’s Obligations

1. acknowledge that the development on the lot may potentially suffer detriment as a result of climate change including sea level rises, storm tides, coastal erosion and sand drift.

2. any new development on the land must be provided with a minimum floor level of 3.08 metres AHD, unless otherwise approved in writing by the Responsible Authority.

Council Obligations

Nil.

4. Section 173 Agreement between Greater Geelong City Council, Barwon Water and Darren John Thomson and Kelli Ann McCombe for 1 Banks Court, Belmont

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 6 of Planning Permit No. 1107/2010 issued on 8 June 2011 which allowed Subdivision of Land into Two (2) Lots.

The purpose of the Agreement is to enter into agreements with Barwon Water for the purposes of compliance with condition 6 of the permit. Before Statement of Compliance is issued, 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

The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

Council Obligations

Nil.

5. Section 173 Agreement between Greater Geelong City Council and Brett Kane Baldwinson and Kacey Louise McCamish for 33 Barramundi Crescent, Ocean Grove

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13 of Planning Permit No. 1589/2011 issued on 6 March 2012 which allowed the construction of a second dwelling and a two lot subdivision.

The purpose of the Agreement require the development of the lots to be in accordance with the development approved under Planning Permit 1589/2011.

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

Owner’s Obligations

The Section 173 Agreement requires the development of the lots to be in accordance with the plans approved under Planning Permit 1587/2011.

Council Obligations

There are no obligations to Council.

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