Council Minutes - Section C: Urgent Business - 25 September 2012

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Note: Introduction of Urgent Business requires two-thirds majority of Councillors present.

Cr Macdonald moved, Cr Abley seconded -

That Council consider as Urgent Business a motion concerning the signing and sealing of two Section 173 Agreements to enable a property settlement to proceed as scheduled.

Carried.

Cr Macdonald moved, Cr Abley seconded -

That Council sign and seal the following documents.

Carried.

1. Section 173 Agreement between Greater Geelong City Council and the Flying Banana for 190 Newcombe Street, Portarlington

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 17 of Planning Permit No. 970/2011 issued on 19-Dec-2011 which allowed alterations and additions to the existing dwelling, construction of one additional single storey dwelling and a two (2) lot subdivision generally in accordance with the endorsed plans.

The purpose of the Agreement is to ensure the lots are developed in accordance with plan endorsed under Planning Permit No. 970/2011.

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

Owner’s Obligations

The Owner covenants, agrees and acknowledges with the Council that all development on the Subject Land must be in accordance with the endorsed plans forming part of the Planning Permit, or any subsequent planning permit issued by the Council relating to the Subject Land.

Council Obligations

Nil.

2. Section 173 Agreement between Greater Geelong City Council and the Flying Banana for 190 Newcombe Street, Portarlington

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13 of Planning Permit No. 970/2011 issued on 19-Dec-2011 which allowed alterations and additions to the existing dwelling, construction of one additional single storey dwelling and a two (2) lot subdivision generally in accordance with the endorsed plans.

The purpose of the Agreement is in relation to the installation of a Reticulated Sewer Main to service Lot 1. This is a Barwon Water required agreement.

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

Owner’s Obligations

1. The Owner of the Lot 1 Land covenants and agrees with the Responsible Authority and Referral Authority that:

1. In the event of the:

   1. House renewal;

   2. Subdivision; and

   3. Further development

   it will install the Reticulated Sewer Main to service the Lot 1 Land at the request of and to the satisfaction of the Referral Authority, and at the cost of the Owner of the Lot 1 Land in all things.

2. Until such time as the Reticulated Sewer Main is constructed, it will own and be responsible for repair and/or renewal of the private sewer drain in Easement E-2 and Easement E-3 that connects the Lot 1 Land to the Reticulated Sewer Main.

2. The Owner of the Lot 2 Land covenants and agrees with the Responsible Authority and Referral Authority that:

1. In the event of the:

   1. House renewal;

   2. Subdivision; and

   3. Further development

   it will install the Reticulated Sewer Main to service the Lot 1 Land at the request of and to the satisfaction of the Referral Authority, and at the cost of the Owner of the Lot 1 Land in all things.

2. Until such time as the Reticulated Sewer Main is constructed, it will grant the Owner of the Lot 1 Land unrestricted access to Easement E-2 and Easement E-3 for the purpose of repair and/or renewal of the private sewer drain connecting the Lot 1 Land to the Reticulated Sewer Main.

3. it will not construct any structure within Easement E-2 or Easement E-3 unless otherwise approved by the Referral Authority.

3. The Owner covenants and agrees with the Responsible Authority and Referral Authority that the Reticulated Sewer Main extension is to be constructed:

1. To service the Lot 1 Land and is to connect from the existing sewer located along the northern boundary of the Lot 2 Land;

2. To extend through Lot 2 Land and be located within Easement E-2 and Easement E-3; and

3. To the reasonable satisfaction of and with the approval of the Referral Authority.

4. The parties shall do all things necessary (including signing any further agreement acknowledgement or document) to do all things necessary to give effect to this Agreement;

5. The owner must not sell, transfer, dispose of, assign, convey mortgage or otherwise part with possession of the Subject Land or any part thereof without first disclosing to the Owner’s successors the existence and nature of this agreement.

6. The Owner must within 28 days of written demand pay to the Responsible Authority the reasonable costs of Responsible Authority and the expenses of and incidental to the Agreement pursuant to or in furtherance of the Agreement, including the enforcement of any obligations imposed on the Owner in relation to this Agreement. To the extent that such costs and expenses constitute legal professional costs, the Responsible Authority may at its absolute discretion have these costs assessed by the Law Institute of Victoria and in that event the parties shall be bound by the amount of that assessment, with any fee or obtaining such as assessment being borne equally buy the Responsible Authority and the Owner. Such costs payable by the Owner shall include the costs and disbursements associated with the registration of the Agreement on the titles and removal there from.

Council Obligations

Nil

Cr Mitchell declared an Indirect Interest by a Conflicting Duty in Notice of Motion, Committee for Geelong Membership, in that he is a Mayoral candidate and left the meeting room at 9:14pm

Cr Granger assumed the Chair at 9:14pm

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