Council Minutes - Section C: Common Seal Register - 11 June 2013

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Cr Macdonald moved, Cr Fisher seconded -

That the following documents be signed and sealed by Council.

Carried.

1. Section 173 Agreement between Greater Geelong City Council and Herlihy Enterprises Pty Ltd for 8 Detroit Crescent, Corio

2. Section 173 Agreement between Greater Geelong City Council and Barwon Water Corporation and Stephen Bruce Fox and Anna Maria Fox and Philip Joh Nott and Linda Suzanne Nott for 41 and 47 Russell Street, Newtown

3. Section 173 Agreement between Greater Geelong City Council and Kim Michelle Rosenow and James Alfred Rosenow for 26 Wimmera Street, Belmont

4. Section 173 Agreement between Greater Geelong City Council and Adam Patrick O'Ryan and Jenny Delderfield for 14 donald Street, Belmont

1. Section 173 Agreement between Greater Geelong City Council and Herlihy Enterprises Pty Ltd for 8 Detroit Crescent, Corio

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Council for consent to construct a carport over an 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 remove any relevant building / structure from the land at the land owners cost should the beneficiary of the easement require access to the easement.

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.

2. Section 173 Agreement between Greater Geelong City Council and Barwon Water Corporation and Stephen Bruce Fox and Anna Maria Fox and Philip Joh Nott and Linda Suzanne Nott for 41 and 47 Russell Street, Newtown

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. 1164/2011 issued on 12 October 2011 which allowed a Boundary Re-Alignment.

The purpose of the Agreement is:

In the event of any further subdivision of Lot 1 or Lot 2 on the Endorsed Plan or the construction of an additional dwelling on Lot 1 or Lot 2 on the Endorsed Plan or the alteration to the existing dwelling requiring a change or addition to sanitary plumbing on Lot 2 on the Endorsed Plan, the Referral Authority requires that the owners of the land the subject of that further development agree to meet the costs of construction of a new reticulated sewer main and allow for the creation of a 1 metre wide easement over the existing combined sewer house connection drain and the creation of a 2 metre wide easement in the location of the future sewer main.

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

Owner's Obligations

In the event of further development of the land described as Lot 1 or Lot 2 (including subdivision, alterations to existing dwelling that will require alteration or addition to sanitary plumbing features or flushing fixtures, or the construction of an additional dwelling on the land), the owners agree with the Responsible Authority and the Referral Authority that a gravity sewer main will be installed to service the development at the request of and to the satisfaction of the Referral Authority and at the cost of the Owners and the appropriate easements to the satisfaction of the Responsible Authority will be recorded on the plan of subdivision for Lot 1 or Lot 2 on the Endorsed Plan.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Kim Michelle Rosenow and James Alfred Rosenow for 26 Wimmera Street, Belmont

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13 of Planning Permit No. 144/2012 issued on 10 July 2012 which allowed partial demolition, modifications including rendering to the existing dwelling and construction of second dwelling and two (2) lot subdivision on land affected by a Heritage Overlay.

The purpose of the Agreement is to ensure the lots are developed in accordance with plan endorsed under Planning Permit No. 144/2012.

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

Owner’s Obligations

The Owners 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.

4. Section 173 Agreement between Greater Geelong City Council and Adam Patrick O'Ryan and Jenny Delderfield for 14 donald Street, Belmont

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 11 of Planning Permit No. 418/2012/A issued on 12 September 2012 which allowed the construction of a second dwelling and two (2) 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 418/2012/A (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

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