Council Minutes - Section C: Common Seal Register - 14 May 2013

Contents | Previous Page: Section B - Reports | Next Page: Section D - Assembly of Councillors

Cr Ansett moved, Cr Macdonald seconded –

That the following documents be signed and sealed by Council.

Carried.

• Section 173 Agreement between Greater Geelong City Council and Penelope Chapman for 1775-1779 Barwon Heads Road, Connewarre

• Section 173 Agreement between Greater Geelong City Council and Christine Maree Wheeler for 18 Dare Street, Ocean Grove

• Section 173 Agreement between Greater Geelong City Council and Delia Lee for 5 College Court Newtown

• Section 173 Agreement between Greater Geelong City Council and Paula Leanne Parrotta and Allison Maree Clachford for 5 White Street, Belmont

• Section 173 Agreement between Greater Geelong City Council and Barwon Region Water Corporation for 23-27 Smithton Grove, Ocean Grove

• Section 173 Agreement between Greater Geelong City Council and L Bisinella Developments for 110-120 Forest Road South, Lara

• Section 173 Agreement between Greater Geelong City Council and David Gotley Cooke for 1775-1819 Bellarine Highway, Marcus Hill

1. Section 173 Agreement between Greater Geelong City Council and Penelope Chapman for 1775-1779 Barwon Heads Road, Connewarre

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. 71/2013 issued on 5 April 2013 which allowed Use and Development of a Replacement Dwelling, Buildings and Works Associated with the Construction of a Shed and Swimming Pool and Alteration of Access to a Road Zone Category 1

The purpose of the Agreement is to ensure that the land only contains one dwelling after the new dwelling is occupied.

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

Owner’s Obligations

3. The Owner covenants with the Responsible Authority to remove or demolish to the satisfaction of the Responsible Authority the dwelling existing on the Land at the date of this Agreement within 60 days of the issue of the Occupancy Permit for the new dwelling authorised by the Permit.

Council Obligations

Nil.

2. Transfer of Land: Greater Geelong City Council to Ross and Christine Maree Wheeler for 18 Dare Street, Ocean Grove

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 5 of Planning Permit No. 1219/2012 issued on 29 October 2012 which allowed a two lot subdivision.

The purpose of the Agreement is to acknowledge that the development on the lot may potentially suffer detriment as a result of climate change including sea level rises, storm tides, coastal erosion and sand drift. It also ensures that any dwelling constructed on the site must have a minimum finished floor level of 3.08 metres AHD.

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

Owner's Obligations

The Owners obligation is to acknowledge that the development on the lot may potentially suffer detriment as a result of climate change including sea level rises, storm tides, coastal erosion and sand drift. It will also ensure that any dwelling constructed on the site must have a minimum finished floor level of 3.08 metres AHD.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Delia Lee for 5 College Court Newtown

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 5 of Planning Permit No. 1147/2011 issued on 11 April 2013 which allowed a Two (2) Lot Subdivision.

The purpose of the Agreement is to link the subdivision with the approved development under a previous planning permit 1451/2007.

This Agreement has been peer reviewed 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 1451/2007 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

4. Section 173 Agreement between Greater Geelong City Council and Paula Leanne Parrotta and Allison Maree Clachford for 5 White Street, Belmont

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 295/2011 issued on 18 May 2011 which allowed a Two (2) Lot Subdivision.

The purpose of the Agreement is to ensure that in the event of any operational difficulties with the required pump system, it is the responsibility of the land owner to rectify these difficulties and that any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner’s full cost.

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

Owner’s Obligations

Prior to the certification of the plan of subdivision the land owner must enter an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority:

a) In the event of any operational difficulties with the pump system, it is the responsibility of the land owner to rectify these difficulties;

b) Any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner’s full cost.

Council Obligations

Nil.

5. Section 173 Agreement between Greater Geelong City Council and Barwon Region Water Corporation for 23-27 Smithton Grove, Ocean Grove

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 7 of Planning Permit No. 1455/2012 issued on
25 March 2013 which allowed the Subdivision of the Land into Two (2) Lots.

The purpose of the Agreement is to ensure that Lot B is to only be used as a road with associated infrastructure and landscaping

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

Owner’s Obligations

The Owners obligation is to ensure that Lot B must only be used for road infrastructure, non-road infrastructure or a roadside.

Council Obligations

Nil.

6. Section 173 Agreement between Greater Geelong City Council and L Bisinella Developments for 110-120 Forest Road South, Lara

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 17 of Planning Permit No. 766/2010 issued on 18-Jun-2012 which allowed Multi-Lot Subdivision, Use of Land as a Place of Assembly (Museum), Use and Development of an Associated Car Park and Reduction in the Required Car Parking Provision.

The purpose of the Agreement is to ensure the stone wall abutting Forest Road South is not demolished, and to prohibit direct vehicular access to Forest Road South. The agreement does not limit the demolition of the stone wall in the event that the Roads Corporation acquires the land for the purposes of road widening.

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

Owner’s Obligations

The Owner acknowledges, agrees and covenants with the Council that:

6.1 the Stone Wall must not be demolished;

6.2 direct vehicular access to Forest Road South from lots 5 – 9 on the Plan of Subdivision inclusive is prohibited; and

6.3 this Agreement does not prohibit the demolition of the Stone Wall in the event that the Land or part of the Land is required by the Roads Corporation for the purposes of road widening.

Council Obligations

Nil.

7. Section 173 Agreement between Greater Geelong City Council and David Gotley Cooke for 1775-1819 Bellarine Highway, Marcus Hill

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 1256/2011 issued on 01 May 2013 which allowed a two lot subdivision

The purpose of the Agreement is to ensure that each lot created by the subdivision can not be further subdivided so as to create a smaller lot for an existing dwelling.

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

Owner’s Obligations

The Owners obligation is to ensure that the lots created as a result of this subdivision can not be further subdivided so as to cerate a smaller lot for an existing dwelling.

Council Obligations

Nil.

Contents | Previous Page: Section B - Reports | Next Page: Section D - Assembly of Councillors

• Copyright CoGG 2012
• Contacts
• Disclaimer
• Privacy
• Last Update: 22 May 2013