Council Minutes - Section C: Common Seal Register - 23 July 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 Mary Lina Rulli for 11 Seaview Avenue St Leonards

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

3. Section 173 Agreement between Greater Geelong City Council and Graeme Alexander Allchin and Janette Barbara Allchin for 71 Taits Road, Barwon Heads

1. Section 173 Agreement between Greater Geelong City Council and Mary Lina Rulli for 11 Seaview Avenue St Leonards

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 garage over an easement.

The purpose of the Agreement is to protect the interests of the beneficiary (Council) of the easement.

This Agreement has been peer reviewed 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 Anthony Posterino and Josephine Posterino for 2-4 Holyrood Avenue, Newtown

Officer's Comments

This Agreement, pursuant to Section 173 of the Planning and Environment Act 1987, was required by Condition 12(b) of Planning Permit No. 954/2010 issued on 19 April 2011 which allowed Construction of Four (4) Dwellings and Four (4) Lot Subdivision.

The purpose of the Agreement is to ensure that all development on the land is in accordance with the endorsed plans forming part of the permit.

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

Owner's Obligations

The Owner covenants, acknowledges and agrees with the Responsible Authority that all development on the Land must be in accordance with the endorsed plans forming part of the Permit (or any amendment to the Permit) or any subsequent planning permit issued by the Responsible Authority.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Graeme Alexander Allchin and Janette Barbara Allchin for 71 Taits Road, Barwon Heads

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 16 of Planning Permit No. 1067/2011 issued on 3 February 2012 which allowed alterations to the existing dwelling and construction of a double storey dwelling and two lot subdivision on land affected by a Special Building Overlay.

The purpose of the Agreement is to ensure the dwellings and lots are developed in accordance with plan endorsed under Planning Permit No. 1466/2011.

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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