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Cr Harwood moved, Cr Macdonald seconded -
That the following document be signed and sealed by Council.
Carried.
Portfolio: |
Planning – Cr Macdonald |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
2 Glamis Street, Newtown, Application No 662/2011 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 5 of Planning Permit No. 662/2011 issued on 10 November 2011which allowed the construction of an additional dwelling, buildings and works in association with the existing dwellings and a three (3) lot subdivision.
The purpose of the Agreement is to link the approved development with the subdivision of the land so that the development is completed prior to the Statement of Compliance being issued for the subdivision. Or if the subdivision is completed prior to the development, that the approved development or other amended plans be constructed to the satisfaction of the Responsible Authority and is restricted to this through this Section 173 Agreement.
This Agreement has been peer reviewed by one of Council’s panel solicitors.
Unless otherwise approved in writing by the Responsible Authority, prior to the issue of Statement of Compliance:
The development approved by Planning Permit 662/2011 must be substantially completed (eg. lockup stage as a minimum) in accordance with the endorsed plans forming part of that Planning Permit (or any amendment to that permit) to the satisfaction of the Responsible Authority. Evidence must be submitted which demonstrates that the development is substantially completed to the satisfaction of the Responsible Authority;
or
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 to the satisfaction of the Responsible Authority which provides for all development to be in accordance with the endorsed plans forming part of Planning Permit 662/2011 (or any amendment to that permit) or any subsequent Planning Permit. The owner must pay the costs of preparation, execution and registration of the agreement and the agreement must be registered on the newly created title/s. The Section 173 Agreement may be ended by the Responsible Authority at the written request of the owner and at no cost to Council.
Nil.
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