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31 December 2020 NOTICE OF PROPOSAL TO AMEND AN AGREEMENT Responsible Authority MORNINGTON PENINSULA SHIRE COUNCIL 3108, 3106, 3110, 3118 & 3120 POINT NEPEAN ROAD SORRENTO Lot 1 on Plan of Subdivision 540310W Volume 11017 Folio 777 Description of the land Lot 2 on Plan of Subdivision 540310W Volume 11017 Folio 778 affected by the agreement: Lot 3 on Plan of Subdivision 540310W Volume 11017 Folio 779 Lot 4 on Plan of Subdivision 540310W Volume 11017 Folio 780 Lot 5 on Plan of Subdivision 540310W Volume 11017 Folio 781 TO AMEND SECTION 173 AGREEMENT AE638010 THAT IS REGISTERED ON Description of the Proposal: CERTIFICATE OF TITLES TO LOTS 1, 2, 3, 4 AND 5 ON PS540310, KNOWN AS LAND SITUATED AT 3106, 3108, 3110, 3118 AND 3120 POINT NEPEAN ROAD, SORRENTO THE PROPOSAL WAS INITIATED BY BIOSIS PTY LTD, WHO APPLIED TO THE RESPONSIBLE AUTHORITY FOR AGREEMENT TO THE PROPOSAL UNDER SECTION 178A OF THE PLANNING AND ENVIRONMENT ACT 1987. Who Initiated the Proposal: IN ACCORDANCE WITH SECTION 178A(3) OF THE PLANNING AND ENVIRONMENT ACT 1987, THE RESPONSIBLE AUTHORITY HAS NOTIFIED THE APPLICANT THAT IT AGREES IN PRINCIPLE TO THE PROPOSAL. Application number and GE20/1722 officer is: VERONICA LYNGCOLN You may view the plans and documents that support the application free of charge at the office/s of the Responsible Authority below or online at: www.mornpen.vic.gov.au > Building & Planning > Planning > Advertised Planning Applications Mornington Office – Queen Street, Mornington Rosebud Office – Besgrove Street, Rosebud Hastings Office – Marine Parade, Hastings Somerville Library – 1085 Frankston-Flinders Road, Somerville Office hours 8.30am to 5pm Any person who is given notice of the proposal, or who ought to have been given notice of the proposal under section 178C of the Planning and Environment Act 1987, may object to, or make any other submission in relation to, the proposal. Your objection must: • Include the objector’s full name, relevant postal address, phone number & email address • Specify the application number • Include the reasons for the objection and state how the objector would be affected Lodge online at www.mornpen.vic.gov.au; Or mail to: Planning Services Team, Mornington Peninsula Shire, Private Bag 1000, Rosebud 3939 Under Section 178E of the Planning and Environment Act 1987, the Responsible Authority will not make a decision before: 31 DECEMBER 2020 Privacy Notification: The personal information provided in an objection is collected for planning purposes in accordance with the Planning & Environment Act 1987 (the Act). The public may view an objection in accordance with Section 57 of the Act whilst the planning application is current. If the responsible authority decides to end the agreement, or refuses to end the agreement, the responsible authority will give notice of its decision to any person who made an objection. In most cases, the responsible authority will give notice of its decision to any person who made a submission. If the responsible authority proposes to amend or end the agreement in a manner that is substantively different from the proposal, the responsible authority will give notice of the new proposal to all parties to the agreement and any other persons to whom the responsible authority considers the decision to amend or end the agreement may cause material detriment. 19 November 2020 Mornington Peninsula City Council Email: [email protected] Cc: [email protected] Amendment to Section 173 Agreement – 3110 Point Nepean Road, Sorrento Our ref: Matter 29532 Dear Veronica Biosis Pty Ltd (Biosis) is submitting this application to amend an existing Section 173 Agreement registered on title to the land at 3110 Point Nepean Road, Sorrento (Land) on behalf of Appletree Sorrento Pty Ltd and Trevor and Suzanne Gorman. Background On 27 November 2019 Biosis submitted an updated Property Management Plan (PMP) for the same Land, seeking Council’s consent to the updates. Following discussions with Council as part of that process, Council advised at meeting on 27 August 2020 that it could not endorse the updated PMP under the terms of the existing Section 173 Agreement. Council advised that the Section 173 Agreement should be updated concurrently with the request for endorsement of the PMP. Council also indicated at the same time that a mechanism for third party native vegetation offsets should be considered. Biosis provided Council with an advance draft of the amendment Section 173 Agreement and updated PMP on 2 November 2020. It is understood that Council broadly supports the revisions in principle. Request to amend Section 173 Agreement We formally request an amendment to the existing Section 173 Agreement (dealing number AE638010J registered on 2 October 2006) pursuant to section 178A of the Planning and Environment Act 1987 (PE Act). The owners of all properties affected by the Section 173 Agreement agree to the content of the revised Section 173 Agreement presented and the updated Property Management Plan. The purpose of the request is: To introduce a power to review and updated the Property Management Plan for this Land. To secure native vegetation offsets within 3 months of settling the amended Section 173 Agreement. The application fee of $659.10 has been paid and the receipt is attached. Biosis Pty Ltd Melbourne Resource Group 38 Bertie Street Phone: 03 9646 9499 ACN 006 175 097 Port Melbourne VIC 3207 Fax: 03 9646 9242 ABN 65 006 175 097 Email: [email protected] biosis.com.au Property Management Plan As outlined above, we have previously sought Council’s support for the updated PMP. In response to the most recent comments from Council on the substance of the PMP, we have updated the PMP further. We trust these revisions address Council’s comments. We ask that Council consider the updated PMP concurrently with the application to amend the Section 173 Agreement under s178A of the PE Act. Documentation In support of this request we enclose the following attachments have been included: Attachment 1: Existing Agreement under Section 173 Agreement of the PE Act subject land: Nee Morna, 3110 Point Nepean Road, Sorrento. Attachment 2: Revised Agreement under Section 173 Agreement of the P & E Act subject land: Nee Morna, 3106-3120 Point Nepean Road, Sorrento. Attachment 3: Revised Property Management Plan: Nee Morna, Sorrento Attachment 4: Certificate of Titles (3106-3120 Point Nepean Road, Sorrento) Attachment 5: Receipt of payment for Application Please contact me if you have any enquiries. Yours sincerely, Hannah Harbourd Project Environmental Planner 0427 505 324 2 Attachment 1 Existing Agreement under Section 173 Agreement 3 Attachment 2 Revised Agreement under Section 173 Agreement 4 Agreement under Section 173 of the Planning and Environment Act 1987 Subject Land: Nee-Morna -, 3106, 3108, 3110, 3118 and 3120 Point Nepean Road, Sorrento Mornington Peninsula Shire Council and Appletree Sorrento Pty Ltd and Trevor Ronald Gorman and Suzanne Eleanor Gorman Table of contents 1. DEFINITIONS ................................................................................................................................... 4 2. INTERPRETATION .......................................................................................................................... 5 3. SPECIFIC OBLIGATIONS OF THE OWNER .................................................................................. 5 3.1 Property Management Plan and native vegetation offset obligations .......................................... 5 3.2 1803 Collins Settlement Site Interpretation Future Directions Management Plan. ...................... 6 3.3 Removal of a Building .................................................................................................................. 6 3.4 Lot 4 .............................................................................................................................................. 7 4. FURTHER OBLIGATIONS OF THE OWNER ................................................................................. 7 4.1 Notice and Registration ........................................................................................................................... 7 4.2 Further actions ......................................................................................................................................... 7 4.3 Council's Costs to be Paid ....................................................................................................................... 7 5. AGREEMENT UNDER SECTION 173 OF THE ACT ...................................................................... 7 6. OWNER’S WARRANTIES ............................................................................................................... 8 7. SUCCESSORS IN TITLE ................................................................................................................. 8 8. GENERAL MATTERS ...................................................................................................................... 8 8.1 Notices ..................................................................................................................................................... 8 8.2 Service of Notice...................................................................................................................................... 8 8.3 No Waiver ................................................................................................................................................ 8 8.4 Severability .............................................................................................................................................
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