Council Minutes - Section D: Common Seal Register - 28 May 2013

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Cr Fisher moved, Cr Heagney seconded -

That the following documents be signed and sealed by Council.

Carried.

1. Section 173 Agreement between Greater Geelong City Council and Julie Ann Latta and Nikoleta Fazekas for 52 Donnelly Avenue, Norlane

2. Section 173 Agreement between Greater Geelong City Council and John Charles Wood and Glenda Eileen Wood for 18 Calvert Street, Hamlyn Heights

3. Section 173 Agreement between Greater Geelong City Council and La Maistre Builders Pty Ltd for 140 Dare Street, Ocean Grove

4. Section 173 Agreement between Greater Geelong City Council and Vera Gazzard for 3 Edith Court, St Leonards

5. Section 173 Agreement between Greater Geelong City Council and Wendy Maree Everett and Leigh Everett for 13 Marlborough Street, Herne Hill

6. Section 173 Agreement between Greater Geelong City Council and Lonsdale Golf Club Pty Ltd

7. Section 173 Agreement between Greater Geelong City Council and Robert Andrew Baird and Sally Anne Baird for 13 and 15 June Avenue, Hamlyn Heights

8. Section 173 Agreement between Greater Geelong City Council and Barwon Region Water Authority and Duane Jeffrey Farrell and Shawn Jerome Farrell for 7 Finchaven Street, Herne Hill

9. Section 173 Agreement between Greater Geelong City Council and Ann Abrahamsen for 45 Neil Street, Bell Post Hill

10. Section 173 Agreement between Greater Geelong City Council and Jason Martin O'Neill for 22 St Cloud Street, Highton

11. Section 173 Agreement between Greater Geelong City Council and Aaron Mark Bailey and Nicole Marie Janosevic for 118 Anakie Road, Bell Park

1. Section 173 Agreement between Greater Geelong City Council and Julie Ann Latta and Nikoleta Fazekas for 52 Donnelly Avenue, Norlane

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 11 of Planning Permit No. 794/2012 issued on 25 October 2012 which allowed the construction of a second dwelling and a two lot subdivision.

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 794/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

2. Section 173 Agreement between Greater Geelong City Council and John Charles Wood and Glenda Eileen Wood for 18 Calvert Street, Hamlyn Heights

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 12 of Planning Permit No. 867/2012 issued on 13 November 2012 which allowed the construction of a second dwelling and two lot subdivision.

The purpose of the Agreement is to ensure that the land is developed in accordance with the endorsed plans forming part of Planning Permit 867/2012 (or any amendment to that permit) or any subsequent Planning Permit.

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 867/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and La Maistre Builders Pty Ltd for 140 Dare Street, Ocean Grove

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 11 of Planning Permit No. 1031/2012 issued on 2 April 2013 which allowed the construction of two dwellings and a two lot subdivision.

The purpose of the Agreement is to ensure that the land is only developed in accordance with plans approved by PP 1031/2012.

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 1031/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

4. Section 173 Agreement between Greater Geelong City Council and Vera Gazzard for 3 Edith Court, St Leonards

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 14 (b) of Planning Permit No. 995/2011 issued on 18 January 2012 which allowed the Construction of Two (2) Double Storey Dwellings and Three (3) Lot Subdivision.

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

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 995/2011 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

5. Section 173 Agreement between Greater Geelong City Council and Wendy Maree Everett and Leigh Everett for 13 Marlborough Street, Herne Hill

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Council for consent to construct a verandah 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 prepared by one of Council’s panel solicitors.

Owner’s Obligations

The requirement of the land owner to ensure that access to the easement is unfettered and the interests of the beneficiaries of the easement are thereby protected, and to achieve and advance the objectives of planning in Victoria.

Council Obligations

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.

6. Section 173 Agreement between Greater Geelong City Council and Lonsdale Golf Club Pty Ltd

Officers’ Comments

On 09 April 2013 Council resolved to adopt Planning Scheme Amendment C67 to rezone land at Fellows Road Point Lonsdale

The purpose of the S173 Agreement is to provide for developer contributions associated with the residential development of part of the Golf Course Land.

Owner’s Obligations

The agreement contains detailed obligations for the owner (developer), including:

• Transfer and develop designated public open space free of charge.

• Upgrade the Fellows/Kirk Road Intersection.

• Upgrade Gill Road.

• Construct a footpath along Fellows Road.

• Provide for stormwater collection and management in accordance with the Stormwater Drainage Masterplan.

• Pay $900 per lot community infrastructure contribution.

• Protect vegetation in accordance with the Landscape Masterplan.

• Retain or relocate existing bus stops and shelters in Fellows Road.

Council Obligations

The agreement contains obligations for Council, including:

• No further Community Infrastructure payments are required.

• The Amendment is processed expeditiously.

• The Agreement is registered on title.

• The Community Infrastructure Contribution will be applied by Council within the Point Lonsdale township.

7. Section 173 Agreement between Greater Geelong City Council and Robert Andrew Baird and Sally Anne Baird for 13 and 15 June Avenue, Hamlyn Heights

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 12 of Planning Permit No. 44/2012 issued on 5 July 2012 which allowed the construction of two additional double storey dwellings and a four lot subdivision generally in accordance with the endorsed plans.

The purpose of the Agreement is to ensure the lots are developed in accordance with plan endorsed under Planning Permit No. 44/2012.

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.

8. Section 173 Agreement between Greater Geelong City Council and Barwon Region Water Authority and Duane Jeffrey Farrell and Shawn Jerome Farrell for 7 Finchaven Street, Herne Hill

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by the Barwon Region Water Corporation. There are no conditions of Planning Permit No. 1217/2009 issued on 5 August 2010 which allowed the Alteration to the Existing Dwelling, Construction of Two (2) Double Storey Dwellings and Three (3) Lot Subdivision

The purpose of the Agreement is to ensure that a reticulated gravity sewer main will be installed to service the Lot 1 Land at the request of and to the satisfaction of the Referral Authority in the event of further development of the Lot 1 Land.

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

Owner’s Obligations

The Owners obligation is to ensure that a reticulated gravity sewer main will be installed to service the Lot 1 Land at the request of and to the satisfaction of the Referral Authority in the event of further development of the Lot 1 Land.

Council Obligations

Nil.

9. Section 173 Agreement between Greater Geelong City Council and Ann Abrahmsen for 45 Neil Street, Bell Post Hill

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 8 of Planning Permit 78/2013 issued on 15 February 2013 which allowed 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 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 1307/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

10. Section 173 Agreement between Greater Geelong City Council and Jason Martin O'Neill for 22 St Cloud Street, Highton

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 9 of Planning Permit No. 1387/2012 issued on 25 March 2013 which allowed the construction of two double storey dwellings and a two lot subdivision.

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 1387/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

11. Section 173 Agreement between Greater Geelong City Council and Aaron Mark Bailey and Nicole Marie Janosevic for 118 Anakie Road, Bell Park

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13 of Planning Permit No. 1407/2011 issued on 24 May 2012 which allowed additions to the existing dwelling, construction of second dwelling, create access to a Category 1 Road Zone and a two (2) lot subdivision generally in accordance with the endorsed plans.

The purpose of the Agreement is to ensure the lots are developed in accordance with plan endorsed under Planning Permit No. 1407/2011.

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.

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