ordinary council (town planning) - Hume City Council

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REPORTS – COUNCIL LEADERSHIP 29 APRIL 2013 ORDINARY COUNCIL (TOWN PLANNING) REPORT NO: LE558 REPORT TITLE: S173 Agreements - Building Over Easement - April 2013 SOURCE: DIVISION: Peter Jolly, Municipal Building Surveyor City Infrastructure FILE NO: 90.02.0002 POLICY: STRATEGIC OBJECTIVE: ATTACHMENTS: Construct Buildings Over Easement Accountable Leadership Nil 1. SUMMARY OF REPORT: This report details agreements entered into under Section 173 of the Planning and Environment Act 1987 (the Act). It consists of thirteen (13) S173 Agreements relating to consent to build over easements granted with conditions during the period February 2013 – March 2013. This report advises Council of the signing of the Agreements under council delegation. The signing of the listed agreements finalises these consents. 2. RECOMMENDATION: 2.1 That Council note the following table listing all Agreements under Section 173 of the Planning and Environment Act 1987 dealt with under delegation between 6 February 2013 and 27 March 2013. Ref. Address BRC20110260 67 Lot 82 Harricks Cres., Attwood, Vic. 3049 BRC20130002 21 Lot 270 Waranga Cres., Broadmeadows, Vic. 3047 BRC20130007 14 Lot 835 Ardeer Ct., Meadow Heights, Vic. 3048 BRC20130010 5 Lot 66 Hinton Close, Gladstone Park, Vic. 3043 BRC20130023 80 Lot 770 Dallas Drive, Dallas, Vic. 3047 BRC20120485 5 Lot 26 Ravenwoods Way, Craigieburn, Vic. 3064 BRC20100185 4 Lot 638 Huntly Ct., Meadow Heights, Vic. 3048 BRC20130018 4 Lot 553 Perugia Ave., Greenvale, Vic. 3059 BRC20130031 41 Lot 76 Holberry Street, Broadmeadows, Vic. 3047 BRC20130028 59 Lot 12 Collins Street, Sunbury, Vic. 3429 BRC20120433 56 Lot 207 Muirfield Drive, Sunbury, Vic. 3429 BRC20130052 866 Lot 3 Cooper Street, Somerton, Vic. 3062 BRC20130097 168 Lot 174 Widford Street, Broadmeadows, Vic. 3047 3. LEGISLATIVE POWERS: 3.1 Regulation 310 (1) of the Building Regulations 2006 requires the consent and report of a Council and other service authorities to an application for a Building Permit to construct a building over an easement vested in the Council or service authority. 3.2 Section 173 of the Planning and Environment Act 1987 enables a Responsible Authority to enter into an agreement with a landowner for an area covered by a planning scheme for which it is the responsible authority. Hume City Council Page 98
REPORTS – COUNCIL LEADERSHIP 29 APRIL 2013 ORDINARY COUNCIL (TOWN PLANNING) REPORT NO: LE558 (cont.) 4. DISCUSSION 4.1 Council has received applications to construct buildings over drainage easements and can consent to these proposals pursuant to regulation 310(1) of the Building Regulations 2006. Section 173 of the Planning and Environment Act 1987 enables Council, as the Responsible Authority, to require the owners of the subject properties to enter agreements with it. 4.2 The Municipal Building Surveyor has delegated authority to consent to construction over a drainage easement. 4.3 Council has adopted the Construct Buildings over Easements Policy, which guides staff in assessing such applications where easements are vested in Council. The procedure for assessing such applications is as follows: 4.3.1 Plans of the proposal, together with a copy of the property title and relevant service authority comments (if available), are referred to the Traffic and Civil Design department for comment. 4.3.2 If the application is to be approved, the owner is required to enter into an agreement, made pursuant to Section 173 of the Planning and Environment Act 1987, which preserves Council’s interests in the easement. 4.3.3 When the agreement is completed, the consent is granted and a building permit can be issued. 4.3.4 Council must execute the completed agreement. The sealed agreement is lodged with the Office of Titles for registration on the Certificate. 5. CONCLUSION This report provides details of Section 173 Agreements signed under council delegation. The signing of the listed agreements finalises these consents. Hume City Council Page 99
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ordinary council (town planning) - Hume City Council

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