Council Minutes - Section D: Common Seal Register - 25 June 2013

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Cr Ansett moved, Cr Macdonald seconded -

That the following documents be signed and sealed by Council.

Carried.

1. Section 173 Agreement between Greater Geelong City Council and Robyn Anne Bradshaw and Stephen Francis Bradshaw for 3 Araluen Parade, Belmont

2. Section 173 Agreement between Greater Geelong City Council and Mark Andrew Sagona, Kim Jane Sagona, Shane Thomas Strahan and Gail Lorraine Strahan for 81 Madeley Street, Ocean Grove

3. Section 173 Agreement between Greater Geelong City Council and Michael Stephen Willis & Jennifer Anne Willis for 32 Ash Road, Leopold

4. Section 173 Agreement between Greater Geelong City Council and Thomas Alexander Van Noordenburg for 2 Hering Court Thomson

5. Section 173 Agreement between Greater Geelong City Council and Rebecca Nardi for 136 Church Street, Hamlyn Heights

6. Transfer of Land - 25A Jasmine Street, Bell Park

7. Creation of Easements for Barwon Water

1. Section 173 Agreement between Greater Geelong City Council and Robyn Anne Bradshaw and Stephen Francis Bradshaw for 3 Araluen Parade, Belmont

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 10 of Planning Permit No. 55/2009/A issued on 23 August 2012 which allowed the two lot subdivision.

The purpose of the Agreement is to ensure the maintenance of the required pump system.

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

Owner’s Obligations

Unless approved otherwise by the Responsible Authority, prior the issue of a Statement of Compliance 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:

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

2. Any pump system is 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.

2. Section 173 Agreement between Greater Geelong City Council and Mark Andrew Sagona, Kim Jane Sagona, Shane Thomas Strahan and Gail Lorraine Strahan for 81 Madeley 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. 852/2012 issued on 22 August 2012 which allowed a Two (2) Lot Subdivision.

The purpose of the Agreement is to link the subdivision with development approved by Planning Permit 165/2012 issued on the 29 May 2012 that allowed the Construction of a Second Dwelling on the land.

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 165/2012 (or any amendment to that permit) or any subsequent Planning Permit issued.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Michael Stephen Willis & Jennifer Anne Willis for 32 Ash Road, Leopold

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 241/2011 issued on 2 September 2011 which allowed Development of Three (3) Units 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 241/2011 (or any amendment to that permit) or any subsequent Planning Permit issued..

Council Obligations

Nil.

4. Section 173 Agreement between Greater Geelong City Council and Thomas Alexander Van Noordenburg for 2 Hering Court Thomson

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 6 of Planning Permit No. 1572/2011 issued on 20 April 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 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 1572/2011 (or any amendment to that permit) or any subsequent Planning Permit issued.

Council Obligations

Nil.

5. Section 173 Agreement between Greater Geelong City Council and Rebecca Nardi for 136 Church Street, Hamlyn Heights

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 6 and 15(b) of Planning Permit No. 543/2012 issued on 31 August 2012 which allowed Construction of a Second Dwelling 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 peer reviewed by one of Council’s panel solicitors.

Owner’s Obligations

The Owners obligation is to ensure that the pump system required by Condition 5 of Planning Permit 543/2012 is maintained or replaced by gravity discharge if available or directed by the Responsible Authority, at the full cost and responsibility of the owner of the land.

The Owners obligation is to ensure that all development on the land is in accordance with the endorsed plans forming part of Planning Permit 543/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

6. Transfer of Land - 25A Jasmine Street, Bell Park

Officers’ Comments

Under delegation the CEO has entered into a contract of sale for 165m2 of land to be sold to John Powell, the owner of adjacent land at 27 Jasmine Street, Bell Park.

The proposed sale of land was advertised under s189 of the Local Government Act 1989 in February 2013 and no submissions were received. The consideration is $22,500.

On settlement the Council’s land will be consolidated with the purchaser’s title.

Owner’s Obligations

Pay the consideration and Council’s costs

Council Obligations

Sell the Council’s land.

7. Creation of Easements for Barwon Water

Officers’ Comments

Barwon Water has approached the Council to create easements at Waurn Ponds Creek Park near Highmont Drive and Highton Reserve over pressure reducing valves which have been installed near water mains on Council land. The values consist of small above ground structures.

Council’s valuation for the easements totals $12,000 plus GST and the valuation has been accepted by Barwon Water. Barwon Water will also meet all Council’s reasonable costs.

The Creation of Easement document has been prepared by Barwon Water’s solicitor and reviewed by Council’s legal advisor.

Owner’s Obligations

Pay the consideration and Council’s costs

Council Obligations

Allow Barwon Water on going access to the plant and equipment.

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