Council Minutes - Section D: Common Seal Register - 9 April 2013

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Cr Ansett moved, Cr Heagney seconded -

That the following documents be signed and sealed by Council.

Carried.

• Section 173 Agreement between Greater Geelong City Council and Resolution Holdings Pty Ltd for 51 Giddings Street, North Geelong

• Section 173 Agreement between Greater Geelong City Council and Julie Ann Latta and Nikoleta Fazekas for 2 Arunga Avenue, Norlane

• Section 173 Agreement between Greater Geelong City Council and Shanelle Holdings for 157 Grove Road Grovedale

• Section 173 Agreement between Greater Geelong City Council and Glengarry Developments Pty Ltd for 20 Ficinia Mews, Highton

1. Section 173 Agreement between Greater Geelong City Council and Resolution Holdings Pty Ltd for 51 Giddings Street, North Geelong

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. 251/2012 issued on 22 June 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 link the subdivision with the approved development.

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

Owner’s Obligations

The Owners obligation is to ensure that all development on the land is in accordance with the endorsed plans forming part of Planning Permit 251/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

2. Section 173 Agreement between Greater Geelong City Council and Nikoleta Fazekas for 2 Arunga Avenue, Norlane

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13 of Planning Permit No. 594/2011 issued on 14 September 2011 which allowed construction of a second dwelling on a lot and two (2) lot subdivision generally in accordance with the endorsed plans.

The purpose of the Agreement is to link the subdivision with the approved development.

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

Owner’s Obligations

The Owners obligation is to ensure that all development on the land is in accordance with the endorsed plans forming part of Planning Permit 594/2011(or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Shanelle Holdings for 157 Grove Road Grovedale

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 8 of Planning Permit No. 736/2012 issued on 12 November 12 which allowed the Subdivision of the Land into Five (5) Lots.

The purpose of the Agreement is to ensure:

1. That boundary fencing other than rural type post and wire fencing must not be constructed.

2. The owners of the land shall not allow the erection of more than one dwelling on a lot and shall not further subdivide the lot.

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

Owner’s Obligations

The Owners obligation is to ensure that boundary fencing other than rural type post and wire fencing will not be constructed on the common property with the Reserve, shall not erect more than one dwelling on a lot and shall not further subdivide the land.

Council Obligations

Nil.

4. Section 173 Agreement between Greater Geelong City Council and Glengarry Developments Pty Ltd for 20 Ficinia Mews, Highton

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 3 of Planning Permit No. 1143/2012 issued on 22 Novemeber 2012 which allowed the subdivision of land into twenty two (22) lots.

The purpose of the Agreement is to ensure that the land is only used for student accommodation and that it is managed in such a way that it is in accordance with an approved management plan. It also seeks to ensure that the car parking located on the land is only used by residents and visitors and they those car spaces are always available for that purpose.

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

Owner’s Obligations

The Owners obligation is to ensure:

1. The Building shall be used for Student Accommodation only.

2. The subject land must be managed and maintained in accordance with the approved site management plan.

3. The car parking spaces approved under the planning permit and shown on the endorsed plans must remain available for use by all residents of and visitors to the site at all times to the satisfaction of Council.

4. The car parking spaces approved under the planning permit and shown on the endorsed plan must only be used by occupants of the units and their visitors, in accordance with the endorsed plans, and must not be transferred, sold or leased to any other person.

Council Obligations

Nil.

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