Council Minutes - Section D: Common Seal Register - 13 November 2012
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Contents | Previous Page: Section C – Notice of Motion | Next Page: Section E Assembly of Councillors
Common Seal Register details at the Ordinary Council Meeting on 13 November 2012 which was held at City Hall in Little Malop Street, Geelong.
Cr Macdonald moved, Cr Harwood seconded –
That the following documents be signed and sealed by Council.
Carried.
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager |
Peter Bettess |
Property: |
6-8 Brown Street, Portarlington |
Application No: |
497/2009 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 5 of Planning Permit No. 497/2009 issued on 9 August 2010 which allowed the development of a supermarket, reduction of associated car parking requirement, and alteration of access to a Road Zone Category 1 generally in accordance with the endorsed plans and subject to conditions.
The purpose of the Agreement is to:
require the owner to undertake works on Brown Street, Portarlington and a right of way on the northern side of the subject site, and
require the owner to transfer a portion of the subject site, and undertake or pay to Council the cost of certain other works on the right of way located on the northern side of the subject site in the event that Council obtains a right of access over land that would enable the right of way to be extended to a public car parking area located to the rear of the subject site.
The works and possible transfer of land would facilitate part of the Portarlington Urban Design Framework.
Council previously entered into an agreement in March 2011 that is essentially identical to this agreement. It was since been discovered that the previous agreement inadvertently applied to unrelated land. This new agreement would remove the error discovered and would replace the previous agreement.
The new Agreement has been peer reviewed by one of Council’s panel solicitors.
To do all things necessary to give effect to the agreement; to bring the agreement to the attention of prospective purchasers etc; to allow the Council to register the agreement on the title of the land, and; to pay to the Council reasonable costs and expenses associated with the agreement.
Nil. However, it is noted the agreement provides that Council would need to obtain the right of access over land to the public car parking area at the rear of the site by 8 March 2016 (so as to require the transfer of land and construction or payment for the consequential works in the right of way).
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager |
Peter Bettess |
Property: |
14-18 Forest Road North, Lara |
Application No: |
244/2007/B |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 1 of Planning Permit No. 244/2007/B issued on 17 October 2012 which allowed the subdivision of the land into five (5) lots.
The purpose of the Agreement is:
Where a Statement of Environmental Audit is issued for the land, and any condition of that Statement requires any maintenance or monitoring of an ongoing nature, the owner must enter into an Agreement with Council pursuant to Section 173 of the Planning and Environment Act 1987.
Where a Section 173 Agreement is required, the Agreement must be executed prior to the certification of the plan of subdivision under the Subdivision Act 1988. All expenses involved in the drafting, negotiating, lodging, registering and execution of the agreement, including those incurred by the Responsible Authority, must be met by the permit holder.
This Agreement has been peer reviewed by one of Council’s panel solicitors.
There will be no further subdivision of the Land (following registration of the Plan of Subdivision) without first obtaining written acceptance of such changes from an Environmental Auditor to the satisfaction of the Council. Any written acceptance must also be communicated in writing to the EPA.
In respect of Audit Area ‘A’:
Groundwater must not be extracted from Audit Area ‘A’ without first obtaining advice to the satisfaction of Council from a suitably qualified person to ensure that the groundwater is suitable for its intended use.
The size and orientation of lots described in Figure 2 must not be amended without first obtaining written acceptance from an Environmental Auditor to the satisfaction of Council. Any written acceptance must also be communicated in writing to the EPA.
In accordance with section 53ZE of the EP Act the occupier of the Audit Area ‘A’ must provide a copy of SEA 1 to any person who proposes to become an occupier of Audit Area ‘A’.
In respect of Audit Area ‘B’:
Audit Area ‘B’ may only be used for the beneficial uses associated with parks, recreational open space and playing fields as described in SEA 2 and subject to the conditions in clauses 3.1.3.2 to 3.1.3.9 of this Agreement.
Any buildings or works that would breach the 0.3 metre capping layer must not be constructed or carried out in Audit Area ‘B’ without first obtaining written acceptance to the satisfaction of Council from a suitably qualified person.
Any soil that is proposed to be removed from Audit Area ‘B’ must be tested and disposed of in accordance with the EPA's requirements (Environment Protection Authority of Victoria [June 2009] Industrial Waste Resource Guideline 621 — Soil Hazard Categorisation and Management [IWRG621] or replacement publications) and to statutory requirements.
Any backfill that is proposed to be imported onto Audit Area ‘B’ must be classified as “Fill Material” in accordance with Environment Protection Authority of Victoria [June 2009] Industrial Waste Resource Guideline 621 — Soil Hazard Categorisation and Management [IWRG621] or replacement publications prior to use on-site.
In accordance with the Environmental Management Plan (EMP), which is included in Appendix D of Audit Report 2, any garden beds/lawns should be developed over the surface of the capping layer.
Additional soil (classified as “Fill Material” in accordance with Environment Protection Authority of Victoria [June 2009] Industrial Waste Resource Guideline 621 — Soil Hazard Categorisation and Management [IWRG621] or replacement publications) for any garden beds must be imported onto Audit Area ‘B’ for raised garden beds, rather than disturbing the underlying 0.3 m capping layer.
Groundwater monitoring wells (MWO2 to MWO4) present at the site must be maintained to the satisfaction of Council.
Groundwater must not be extracted from Audit Area ‘B’ without first obtaining advice to the satisfaction of Council from a suitably qualified person to ensure that the groundwater is suitable for its intended use.
In accordance with Section 53ZE of the EP Act, the occupier of Audit Area ‘B’ must provide a copy of SEA 2 to any person who proposes to become an occupier of the Audit Area ‘B’.
Nil
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager |
Peter Bettess |
Property: |
24 Korumburra Close, Norlane |
Application No: |
1156/2011 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 6 of Planning Permit No. 1156/2011 issued on 21 February 2012 which allowed the Construction of a Second Dwelling and Two (2) Lot Subdivision.
The purpose of the Agreement is to register on title that in the event that a pump system, if required, is installed 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 installed will be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owners full costs.
This Agreement has been peer reviewed by one of Council’s panel solicitors.
Install the pump system required by the planning permit in accordance with engineering design plans approved by Council; do whatever may necessary to allow installation of the pump system on the common property or grant any easement that may be required over a lot or the common property for the effective operation of the pump system; be responsible for the operation and maintenance of the pump system; at its cost, replace the pump system with a gravity discharge system if this becomes available and if directed by the Responsible Authority.
Nil
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager |
Peter Bettess |
Property: |
20 Edwards Point Road, St Leonards |
Application No: |
612/2012 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 612/2012 issued on 18 June 2012 which allowed the subdivision of land into two (2) lots. The purpose of the Agreement is to require the land to be developed in accordance with a planning permit previously issued by the Council.
This Agreement has been drafted by one of Council’s panel solicitors.
To develop the land in accordance with the endorsed plans forming part of Planning Permit 427/2011 (or any amendment to that permit) or any subsequent planning permit.
Nil
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager |
Peter Bettess |
Property: |
70 Vines Road, Hamlyn Heights |
Application No: |
112/2012 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 12 (b) of Planning Permit No. 112/2012 issued on 16 July 2012 which allowed the construction of a second dwelling on the lot and a two lot subdivision.
The purpose of the Agreement is to register on Title that the land must be developed in accordance with the plans endorsed under PP112/2012, in the event that the development has not been substantially completed prior to the issue of the Statement of Compliance for the subdivision. 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 prepared by one of Councils panel solicitors and does not require peer review.
3.0 The owner covenants, acknowledges and agrees with the Responsible Authority that all development on the land shall be in accordance with the endorsed plans forming part of the Planning Permit (or any amendment to that permit) or any subsequent planning permit.
Nil.
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
10 O'Brien Street, Newcomb |
Application No: |
464/2011 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 1 of Planning Permit No. 464/2011 issued on 13 October 2011 which allowed the subdivision of the land in to two allotments.
The purpose of the Agreement is to:
acknowledge that the development on the subject land may potentially suffer detriment as a result of climate change including sea level rises, storm tides, coastal erosion and sand drift; and
ensure that any future development of the subject land provide for a minimum finished floor level of 2.46 metre AHD to the satisfaction of the Council.
This Agreement has been peer reviewed by one of Council’s panel solicitors.
The owners obligations are that:
the development on the subject land may potentially suffer detriment as a result of climate change including sea level rises, storm tides, coastal erosion and sand drift; and
any future development of the subject land provide for a minimum finished floor level of 2.46 metre AHD to the satisfaction of the Council.
Nil.
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
162 Roslyn Road, Belmont |
Application No: |
99/2011 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13(b) of Planning Permit No. 99/2011 issued on 13 October 2011 which allowed the construction of two dwellings and a two lot subdivision.
The purpose of the Agreement is to register on Title that the land must be developed in accordance with the plans endorsed under PP99/2011, in the event that the development has not been substantially completed prior to the issue of the Statement of Compliance for the subdivision. 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.
The Owner covenants and agrees with the Responsible Authority that:
5.1 all development on the Land will be in accordance with the endorsed plans forming part of the Permit (or any amendment to the Permit) or any subsequent planning permit issued by the Responsible Authority.
Nil.
Portfolio: |
Finance |
Source: |
Corporate Services – Corporate Strategy and Property Services |
General Manager: |
Jeff Wall Property |
Property: |
28-32 Cranbourne Drive, Corio |
The developers of the Geelong Ring Road Service Centres at Corio and Lovely Banks want to construct a sewer over Council’s reserve at 28-32 Cranbourne Drive Corio to service the south bound centre.
The Council’s land is a reserve containing high tension power lines running in a north south direction through the western part of Corio. The reserve is zoned PPRZ.
A certified valuation of the easement has been obtained. The valuation is $5,000.00 incl GST which has been accepted by the developer who has agreed to meet all Council’s reasonable costs.
The Creation of Easement has been prepared by the Council’s solicitors.
The creation of easement is being treated as a proposed land sale pursuant to the statutory procedures under s189 of the Local Government Act. The Grantee has agreed to purchase the land at the current valuation. The purchaser has agreed to meet all Council’s expenses relating to the creation of easement.
Council has undertaken to process the creation of easement and control the transaction through its solicitors.
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
9 Farmland Lane, Leopold |
Application No: |
CCE-2012-709 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was the requirement by Council for consent to construct a shed over an easement.
The purpose of the Agreement is to register obligations relating to the construction of a shed over an easement on the western boundary of the Land.
This Agreement has been peer reviewed by one of Council’s panel solicitors.
To protect the interests of the beneficiary (Council) of the easement.
The requirement of the land owner to remove any relevant building / structure from the land at the owner’s cost should the beneficiary of the easement require access to the easement.
That no form of compensation is payable by Council (beneficiary) to the land owner should it be required to remove the relevant building / structure (over easement) to allow access, or should any damage to the land / structure occur as a result of the accessing of the easement.
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
201 McKillop Street, East Geelong |
Application No: |
1354/2011 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 10 (b) of Planning Permit No. 1354/2011 issued on 5 March 2012 which allowed the Demolition of garage, outbuilding and front fence, alterations to existing dwelling including construction of a carport and new front fence, and the construction of a second dwelling and two (2) lot subdivision.
The purpose of the Agreement is to register on Title that the land must be developed in accordance with the plans endorsed under PP1354/2012, in the event that the development has not been substantially completed prior to the issue of the Statement of Compliance for the subdivision. 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 prepared by one of Councils panel solicitors and does not require peer review.
2. The owner covenants, acknowledges and agrees with Council that all development of the land will be in accordance with the endorsed plans forming part of the Permit (or any amendment to that permit) or any subsequent planning permit issued by the Council, to the satisfaction of Council.
Nil.
Portfolio: |
Infrastructure |
Source: |
City Services - Engineering Services |
General Manager: |
Gary Van Driel |
Index Reference: |
Road Closure |
Council resolved to discontinue part of Katoomba Street, Hamlyn Heights at the 26 January 2012 meeting. This was subsequently gazetted on 5 July 2012.
In order to obtain title to this land a signed and sealed land transfer must be presented to the Titles Office.
This land has no current owner as the record of the last registered owner dates back to the late 1800’s.
Council is required to sign and seal the Transfer of Land and lodge the document with the Titles Office, including payment of a lodging fee.
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