Section 173 Agreement - Geelong Council for future sewerage in Whitcombes Road Drysdale

The Geelong Council has on its agenda tomorrow night (8 November 2011) (see page 94 of the pdf document) a notice that a 5 lot subdivision in Whitcombes Road will have access to sewerage at the owner's expense when it becomes available. The recommendation is reproduced below:

Recommendation

That the following document be signed and sealed by Council.
1. SECTION 173 AGREEMENT BETWEEN GREATER GEELONG CITY COUNCIL AND LYNETTE MARGARET COX FOR 58-70 WHITCOMBES ROAD, DRYSDALE
Portfolio: Planning – Cr Macdonald
Source: Economic Development, Planning & Tourism
General Manager: Peter Bettess
Property: 58-70 Whitcombes Road, Drysdale
Application No: 1561/2005/B

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 4 of Planning Permit No. 1561/2005/B issued on 15  September 2011 which allowed a Five (5) Lot Subdivision.

The purpose of the Agreement is to require the future owners of the lots to connect to the reticulated sewerage system when it becomes available to their lots at their expense. The area is currently not connected to the reticulated sewerage system and is reliant on septic systems for wastewater disposal Prior to Statement of Compliance being issued, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under  ection 181 of the Act.

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

Owner’s Obligations


Except with the written consent of Council, the owner covenants and agrees with Council that it will, at its cost, ensure that all lots created upon the Land in accordance with the Planning Permit (and any lots created by a further subdivision of the Land) are connected to a reticulated sewerage system when it becomes available to serve the land.

Council Obligations

Nil.