Council Minutes - Section E: Common Seal Register - 25 September 2012

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Cr Ansett 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 Brian Henry Pound and Genshelamy Pty Ltd for 60 Presidents Avenue Ocean Grove

2. Section 173 Agreement between Greater Geelong City Council and Marty Levar for 25 Furner Avenue, Bell Park

3. Section 173 Agreement between Greater Geelong City Council and John Leslie Fitzpatrick and Lynette Ann Fitzpatrick for 56 Drysdale Avenue, Hamlyn Heights

1. Section 173 Agreement between Greater Geelong City Council and Brian Henry Pound and Genshelamy Pty Ltd for 60 Presidents Avenue Ocean Grove

Officer's Comments

This Agreement, pursuant to Section 173 of the Planning and Environment Act 1987, was required by Condition 4 of Planning Permit No. 1455/2011 which was issued on 22 May 2012 for a two lot subdivision of the land.

The purpose of the Agreement is to ensure that:

• 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 issue of Statement of Compliance for the subdivision, 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 prepared by one of Council’s panel solicitors.

Owner’s Obligations

The Owner is responsible for the operation and maintenance of the pump system. In the event a gravity discharge system becomes available, the Owner, at their expense, must replace the pump system with the discharge system.

Council Obligations

Nil

2. Section 173 Agreement between Greater Geelong City Council and Marty Levar for 25 Furner Avenue, Bell Park

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 191/2012 issued on 1 May 2012 which allowed the subdivision of 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 the Planning Permit P503/2011 (or any amendment to that permit) or any subsequent Planning Permit.

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 which provides for all development to be in accordance with the endorsed plans forming part of the Planning Permit P503/2011 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil

3. Section 173 Agreement between Greater Geelong City Council and John Leslie Fitzpatrick and Lynette Ann Fitzpatrick for 56 Drysdale Avenue, Hamlyn Heights

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 7 of Planning Permit No. 1462/2011 issued on 28 March 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 1462/2011 (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 agrees that following registration of the plan of subdivision approved by Subdivision Permit any development of the Subject Land must accord with the endorsed plans forming part of the Development Permit (or any amendment to that permit) or any subsequent planning permit issued by Council.

Council Obligations

Nil

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