Council Minutes - Section C: Common Seal Register - 12 February 2013

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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 Christopher James Carson for 4 Belcher Street, Hamlyn Heights

2. Section 173 Agreement between Greater Geelong City Council and Flour Mill Estate Pty Ltd and Barwon Region Water Corporation for 17-21 Riversdale Road, Newtown

3. Section 173 Agreement between Greater Geelong City Council and Kevin James Donnelly and Susan Mary Donnelly for 44-48 Newcombe Street, Drysdale

4. Section 173 Agreement between Greater Geelong City Council and Dianne Kathleen Marshall for 23 Pettitt Crescent, Norlane

5. Section 173 Agreement between Greater Geelong City Council and Liza Mantzaris and Sally-Anne Enders 61 Clarke Street, Newtown

6. Section 173 Agreement between Greater Geelong City Council and Rusell Eric Jones and Loly Maria Jones for 105 Fyans Street, South Geelong

1. Section 173 Agreement between Greater Geelong City Council and Christopher James Carson for 4 Belcher Street, Hamlyn Heights

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 10 of Planning Permit No. 738/2012 issued on 11 October 2012 which allowed the construction of a second dwelling and subdivision of the land into two (2) lots.

The purpose of the Agreement is to ensure that the subdivided land is developed in accordance with the endorsed plans.

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

Owner’s Obligations

All development on the land shall 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 Council.

Council Obligations

Nil.

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2. Section 173 Agreement between Greater Geelong City Council and Flour Mill Estate Pty Ltd and Barwon Region Water Corporation for 17-21 Riversdale Road, Newtown

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. 934/2010 issued on 21 February 2012 which allowed a two lot subdivision.

Condition 2 of the Planning Permit states:

“The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.”

The parties have agreed to enter into an agreement under section 173 of the Act to provide for a gravity sewer main and separate water supply from the reticulated water main for the separate lots created on the Land under the Plan of Subdivision, and to achieve and advance the objectives of planning in Victoria.

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

Owner's Oblications

The Owner covenants and agrees with the Council and referral Authority that:

8.1 It is entirely responsible for the private water and sewer services currently contained within Lot 1 and Lot 2.

8.2 The Owner of Lot 1 will provide unrestricted access to its land to the Owner of Lot 2 to allow the Owner of Lot 2 to maintain its private water and sewer services, provided that in exercising such access the Owner of Lot 2 shall comply with all reasonable directions of the Owner of Lot 1.

8.3 A gravity sewer main is to be provided to Lot 1 and Lot 2 at the cost of the Owner upon the earliest of the following events;

8.3.1 The sale by the Owner of either Lot 1 or Lot 2; or

8.3.2 Any further subdivision of the Land; or

8.3.3 Any change of use of the existing buildings constructed on the Land which has the effect of substantially altering the discharge of sewer waste into the sewer main servicing the Land.

8.4 The water supply from the reticulated water main is to be separated for Lot 1 and Lot 2 upon the earliest of the following events

8.4.1 The sale by the Owner of either Lot 1 or Lot 2; or

8.4.2 Any further subdivision of the Land; or

8.4.3 Any substantial change to the use of the Land from the use as at the date of the Agreement.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Kevin James Donnelly and Susan Mary Donnelly for 44-48 Newcombe Street, Drysdale

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 3 of Planning Permit No. 918/2010 issued on 31 January 2011 which allowed subdivision of the land into two (2) lots.

The purpose of the Agreement is to register that any future development of the Southern lot other than a single dwelling will require the full construction of Elgin Street. The works may include but are not limited to kerb and channel, road pavement, water proof seal, verge profile, drainage, street trees, street lighting and the provision for pedestrian and cycle movement. The works are to include not only the frontage of lot B but also the Elgin Street frontage of Northern allotment (Lot 1) and any intersection treatment works. All costs associated with the full construction of Elgin Street are to be at the full cost of the developer.

The agreement will be registered on Title of the southern allotment (Lot B) so as to run with the land in accordance with Section 181 of the Planning and Environment Act 1987.

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

Owner's Oblications

The Owner covenants, acknowledges and agrees with the Responsible Authority that:

3.0 Other than development for a single dwelling, no development may commence on Lot B of the Plan of Subdivision prior to the Owner undertaking the full construction of Elgin Street, Drysdale, being that section of Elgin Street fronting Lot B and Lot 1 on the Plan of Subdivision together with any treatment works to the intersection of Elgin and Newcombe Streets, to the satisfaction of the Responsible Authority;

3.2 The works referred to in Clause 3.1 must be designed and submitted to the Responsible Authority for approval and include construction of kerb and channel, road pavement, waterproof seal, verge profile, drainage, street lighting, the provision of street trees and provision for pedestrian and cycle movement;

3.3 The works referred to in Clause 3.1 are to be undertaken at the full cost of the Owner.

Council Obligations

Nil.

4. Section 173 Agreement between Greater Geelong City Council and Dianne Kathleen Marshall for 23 Pettitt Crescent, Norlane

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13 of Planning Permit No. 662/2012 issued on 30 October 2012 which allowed construction of one additional dwelling and a two lot subdivision.

The purpose of the Agreement is to ensure the lots are developed in accordance with plan endorsed under Planning Permit No. 662/2011. This Agreement has been prepared by Council’s 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.

5. Section 173 Agreement between Greater Geelong City Council and Liza Mantzaris and Sally-Anne Enders 61 Clarke Street, Newtown

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 18 of Planning Permit No. 390/2009/B issued on 09 August 2012 which allowed the construction of two additional dwellings and a staged subdivision of land in to three allotments.

The purpose of the Agreement is to provide for all development of the land to be in accordance with the endorsed plans forming part of Planning Permit 390/2009 (or any amendment to that permit) or any subsequent Planning Permit.

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

Owner's Obligations

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 Development Permit (or any amendment to the Permit) or any subsequent planning permit issued by the Responsible Authority.

Council Obligations

Nil.

6. Section 173 Agreement between Greater Geelong City Council and Rusell Eric Jones and Loly Maria Jones for 105 Fyans Street, South Geelong

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 11 of Planning Permit No. 1340/2011 issued on 23 April 2012 which allowed the Construction of Two (2) Dwellings, Two (2) Lot Subdivision and Creation of Access from Road Zone Category 1.

The purpose of the Agreement provides for all development to be in accordance with the endorsed plans forming part of Planning Permit 1340/2011 (or any amendment to that permit) or any subsequent Planning Permit for the abovementioned site.

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

Owner's Obligations

The owner must ensure that the land is developed in accordance with the endorsed plans forming part of Planning Permit 1340/2011 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil

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