Council Minutes - Section D: Common Seal Register - 11 December 2012
Contents | Previous Page: Section C - Notices of Motion | Next Page: Section E - Assembly of Councillors
Contents | Previous Page: Section C - Notices of Motion | Next Page: Section E - Assembly of Councillors
Cr Macdonald moved, Cr Richards seconded -
That the following documents be signed and sealed by Council.
Carried.
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: |
228 Thacker Street, Ocean Grove |
Application No: |
CCE-2012-766 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Council for consent to construct a carport over a drainage easement.
The purpose of the Agreement is to protect the interests of the beneficiary (Council) of the easement.
This Agreement has been peer reviewed by one of Council’s panel solicitors.
The requirement of the land owner to remove any relevant building / structure from the land (at the land owners 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 accessing the easement.
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
3 Pitman Street, Newcomb |
Application No: |
355/2012 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 12 of Planning Permit No. 355/2012 issued on Construction of Two (2) Additional Dwellings and Three Lot Subdivision
The purpose of the Agreement provides for all development to be in accordance with the endorsed plans forming part of Planning Permit 355/2012 (or any amendment to that permit) or any subsequent Planning Permit for the abovementioned site. Before Statement of Compliance is issued 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.
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 355/2012 (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
Portfolio: |
Planning – Cr Macdonald |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
1 Pavo Street, Belmont |
Application No: |
675/2011 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 11of Planning Permit No. 675/2011 issued on 23 August 2011 which allowed Construction of a Second Dwelling and Two Lot Subdivision
The purpose of the Agreement provides for all development to be in accordance with the endorsed plans forming part of Planning Permit 675/2011 (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.
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 675/2011 (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
Portfolio: |
Planning – Cr Macdonald |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
Province Estate, Highton (proposed reserves in Stages 4 and 8) |
Application No: |
1480/2005/C |
This Agreement is made pursuant to Section 173 of the Planning and Environment Act 1987.
The Planning Permit (1480/2005C) provides a number of obligations on the developer to undertake landscape works and undertake an environmental audit process. The Section 173 Agreement seeks to facilitate the early release of Stage 8 while also implementing a framework to ensure the outstanding permit objections are met.
Condition 10 and condition 11 of the Planning Permit require the preparation and implementation a landscape plan.
Condition 36 of the Planning Permit imposes obligations in respect of the filling of the Proposed Reserve Stage 8 on the Subject Land.
Condition 37 of the Planning Permit imposes obligations concerning the preparation of a rehabilitation plan describing earthworks and landscaping to be undertaken to enable the satisfactory use of the Proposed Reserve Stage 8 on the Subject Land
Condition 38 of the Planning Permit requires that the Proposed Reserve Stage 8 must be rehabilitated and developed in accordance with the plans approved under the Planning Permit.
This Agreement has been prepared in conjunction with Council’s solicitors.
The Owners obligations include:
That prior to the issue of Statement of Compliance for Stage 8 that the Owner provide to Council a preliminary bond for outstanding works (Statutory Environmental Audit (SEA) and landscaping works) associated with the proposed reserves in Stage 4 and 8 of the approved subdivision;
In the event that the cost of works exceeds the amount provided in the preliminary bond, the then the Owner will provide Council with an additional bond within 7 days of Council requesting it;
Timelines for the submission of a landscape plan, completing the landscaping works in accordance with an approved plan and the maintenance period prior to the reserve in Stage 4 being transferred to Council;
Timelines for obtaining a Statement of Environmental Audit, including any required remediation works and monitoring, for the reserve in Stage 8; and
On completion of the Statement of Environmental Audit, timelines for the submission of a landscape plan, completing the landscaping works in accordance with an approved plan and the maintenance period prior to the reserve in Stage 8 being transferred to Council.
Council’s obligations are:
In the event that the sum of the Stage 4 Bond and the Stage 8 Landscaping Bond and the Stage 8 SEA Bond, all determined in accordance with the Agreement, is less than the Preliminary Bond then it will, within 7 days of a written request by the Owner, provide to the Owner the excess in Bond monies held in the Preliminary Bond;
Upon the commencement of this Agreement and the delivery of the Preliminary Bond it will issue a statement of compliance for the subdivision of the Stage 8 Land in accordance with the Proposed Plan of Subdivision;
In the event that the Owner fails to perform its obligations under the Agreement, Council is able to utilise the Bond to undertake the required works.
Portfolio: |
Planning – Cr Macdonald |
Source: |
Economic Development, Planning & Tourism |
General Manager: |
Peter Bettess |
Property: |
58 Sandringham Parade, Newtown |
Application No: |
1432/2011 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 9 of Planning Permit No. 1432/2011 issued on 7 May 2012 which allowed the construction of a second dwelling and two lot subdivision.
The purpose of the Agreement is to register the development of the second dwelling to be in accordance with the endorsed plans forming part of the Planning Permit 1432/2011 (or any amendment to that permit) or any subsequent permit.
Prior to the issue of the Statement of Compliance, 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 for itself and its successors in title to any part of the Land and agrees that all development on the Land shall be in accordance with the Endorsed Plans forming part of the Planning Permit (or any amendment to the Planning Permit) or any subsequent planning permit issued by the Council.
The Owner further agrees to:
Bring this Agreement to the attention of all prospective purchasers, mortgagees, transferees and assigns;
Do all thing necessary to give effect to this Agreement;
Do all thing necessary including the signing of such further agreements, undertakings, covenants, consents, approvals or other documents reasonably necessary for the purpose of ensuring that it carries out the covenants and agreements and obligations hereunder;
Immediately pay to Council, the Council’s reasonable costs (including legal costs) and expenses of and incidental to the preparation, drafting, finalisation, engrossment, execution and registration of this Agreement and until those consts are paid they will remain a debt of the Owner to the Council. To the extent that such costs and expenses constitute legal professional costs, the Council 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 for obtaining such an assessment being borne equally by Council and the Owner. Such costs payable by the Owner shall include the costs and disbursements associated with the registration of this Agreement on the titles and the removal therefrom; and
Indemnify Council, its employees, contractors and agents from and against all costs, expenses, losses or damages whatsoever which they or any or them may sustain incur suffer, or be or become liable for or in respect of any suit, action, proceeding, judgement or claim brought by any person whatsoever arising from or referable to this Agreement or any non-compliance thereof.
Nil
Contents | Previous Page: Section C - Notices of Motion | Next Page: Section E - Assembly of Councillors
