Council Minutes - Section D: Common Seal Register - 11 September 2012

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That the following documents be signed and sealed by Council.

Carried.

1. Section 173 Agreement between Greater Geelong City Council and James Turner and Dawn Turner for 19 Mt Pleasant Road, Belmont

2. Section 173 Agreement between Greater Geelong City Council and Expedition Holdings for 31 Deakin Street, Bell Park

3. Section 173 Agreement between Greater Geelong City Council and Dean William James Love and Brook Olga Doreen Love for 56-58 Hillclimb Drive Leopold (also know as 39 Spectacle Way Leopold)

4. Section 173 Agreement between Greater Geelong City Council and Villawood Homes Pty Ltd for 2 Glamis Street, Newtown

1. Section 173 Agreement between Greater Geelong City Council and James Turner and Dawn Turner for 19 Mt Pleasant Road, Belmont

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 583/2011 issued on 6 July 2012 which allowed the Construction of Second Single Storey Dwelling and Two (2) Lot Subdivision.

The purpose of the Agreement provides for all development to be in accordance with the endorsed plans forming part of Planning Permit 583/2011 (or any amendment to that permit) or any subsequent Planning Permit for the abovementioned site. Before construction commences on site for the dwelling, 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 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 583/2011 (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.

Council Obligations

Nil

2. Section 173 Agreement between Greater Geelong City Council and and Expedition Holdings for 31 Deakin Street, Bell Park

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 3 of Planning Permit No. 1398/2011 issued on 23 February 2012 which allowed the construction of a second dwelling and subdivide the land into two (2) lots.

The purpose of the Agreement is to provide for all development to be in accordance with the endorsed plans forming part of Planning Permit 1398/2011 (or any amendment to that permit) or any subsequent Planning Permit.

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

Owner's Oblications

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 1398/2011 (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.

Council Obligations

Nil

3. Section 173 Agreement between Greater Geelong City Council and Dean William James Love and Brook Olga Doreen Love for 56-58 Hillclimb Drive Leopold (also know as 39 Spectacle Way Leopold)

Officers’ Comments

This Agreement, pursuant to Section 173 of the Planning and Environment Act 1987, was required by Council’s Building Department as part of the decision to grant consent to the Owners to build a retaining wall over a drainage easement.

The purpose of the Agreement is to:

• protect the interests of the Responsible Authority being the beneficiary of the drainage easement;

• require the Owner to remove any relevant building/structure which has been built over the easement in the event that the Responsible Authority needs to access the easement; and

• ensure that no form of compensation is payable by the Responsible Authority to the Owner of the land should the Owner be required to remove the relevant building/structure or should any damage occur to the land as a result of accessing the easement.

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

Owner's Oblications

In the event that the Responsible Authority requires access to the drainage easement, the Owner may be required to remove any relevant building/structure at their expense.

Council Obligations

Nil

4. Section 173 Agreement between Greater Geelong City Council and Villawood Homes Pty Ltd for 2 Glamis Street, Newtown

Officers’ Comments

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.

Owner’s Obligations

Unless otherwise approved in writing by the Responsible Authority, prior to the issue of Statement of Compliance:

1. 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

2. 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.

Council Obligations

Nil

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