Council Minutes - Section D: Common Seal Register - 26 February 2013
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 Ansett seconded -
That the following documents be signed and sealed by Council
| Portfolio: | Planning – Cr Macdonald |
| Source: | Economic Development, Planning & Tourism |
| General Manager: | Peter Bettess |
| Property: | 116 Orton Street, Ocean Grove |
| Application No: | 1083/2010 |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 12 of Planning Permit No. 1083/2010 issued on 07 December 2011 which allowed the construction of a second dwelling, subdivision of land into two lots and the removal of a street tree.
The purpose of the Agreement is to register on title that unless otherwise approved in writing by the Responsible Authority, prior to the issue of a Statement of Compliance:
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 1083/2010 (or any amendment to that permit) or any subsequent Planning Permit.
This Agreement has been peer reviewed by one of Council’s panel solicitors.
The owner agrees that following registration of the plan of subdivision approved by the Subdivision Permit any development of the Subject Land must accord with the endorsed plans forming part of Planning Permit 1083/2010 (or any amendment to the Planning Plan) or any subsequent planning permit issued by Council.
Nil.
| Portfolio: | Planning – Cr Macdonald |
| Source: | Economic Development, Planning & Tourism |
| General Manager: | Peter Bettess |
| Property: | 100-120 Wandana Drive, Wandana Heights |
| Application No: | 742/2007/C |
This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 29 of Planning Permit No. 742/2007/C issued on 16 October 2008 which allowed a Staged Multi-lot Subdivision
.The purpose of the Agreement is to prevent direct vehicle access from Wandana Drive to allotments 1 and 16 on Block B to prevent traffic conflicts.
This Agreement has been peer reviewed by one of Council’s panel solicitors.
Vehicular access to and from lots 1 and 16 on the plan of subdivision is prohibited from Wandana Drive; and
It will not permit vehicular access from lots 1 or 16 to Wandana Drive to occur.
Nil.
| Portfolio: | Finance – Cr S Kontelj |
| Source: | Corporate Services – Corporate Strategy and Property Services |
| General Manager: | Jeff Wall |
| Property: | Roads between Regent Street and Wilsons Road, Newcomb |
Council has been contacted by the solicitors acting on behalf of the Estate of John Francis Taylor, deceased. Mr Taylor had the legal control of the roads surrounding the land situated between Regent Street and Wilsons Road, Newcomb. The roads are in private ownership as they were part of a residential development carried out prior to the implementation of the Subdivision Act 1988 (Vic), which required all roads in subdivisions carried out after the commencement of that Act to be registered in the name of the local municipal authority.
A vesting provision exists in Clause 1(4) of Schedule 5 of the Road Management Act 2004 (RMA) which vests the ownership of certain roads in the local municipal authority and a Transfer of Land instrument is required to be registered with the Land Titles Office to align the legal ownership of such roads with the vesting provisions.
The solicitors for Mr Taylor’s estate have prepared a Transfer of Land document to facilitate the legal transfer of the roads to Council to be consistent with the vesting provisions of the RMA.
To align the legal ownership of the roads with the vesting provisions in the RMA, Council is required to sign and seal the Transfer of Land instrument so that it can be lodged for registration with the Land Titles Office.
Contents | Previous Page: Section C – Notices of Motion | Next Page: Section E – Assembly of Councillors
