HEARINGS COMMITTEE AGENDA

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1 HEARINGS COMMITTEE AGENDA Monday 2 June 2014 NOTICE IS HEREBY GIVEN that a meeting of the Hearings Committee of the Mitchell Shire Council will be held at Mitchell Civic Centre, 113 High Street Broadford, on Monday 2 June 2014 commencing at 6.00pm. REBECCA MCKENZIE CHIEF EXECUTIVE OFFICER

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3 TABLE OF CONTENTS ITEM SUBJECT PAGE NO 1. GOVERNANCE DECLARATION APOLOGIES AND LEAVE OF ABSENCE DISCLOSURE OF CONFLICTS OF INTEREST CONFIRMATION OF MINUTES SUSTAINABLE DEVELOPMENT AMENDMENT TO SECTION 173 AGREEMENT NO. 920 KILMORE- GLENAROUA ROAD, GLENAROUA DATE OF NEXT MEETING CLOSE OF MEETING... 5 MITCHELL SHIRE COUNCIL Page i

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5 1. GOVERNANCE DECLARATION 2. APOLOGIES AND LEAVE OF ABSENCE 3. DISCLOSURE OF CONFLICTS OF INTEREST In accordance with Section 79 of the Local Government Act CONFIRMATION OF MINUTES RECOMMENDATION THAT the minutes of the Hearings Committee meeting held on 19 May 2014 as circulated, be confirmed. MITCHELL SHIRE COUNCIL Page 2

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7 5. SUSTAINABLE DEVELOPMENT 5.1 AMENDMENT TO SECTION 173 AGREEMENT NO. 920 KILMORE- GLENAROUA ROAD, GLENAROUA Author: File No: Trish Harrop Subdivision Assessment Officer P SUMMARY A request has been received for Council to provide in-principle support for an amendment to a Section 173 Agreement that affects Lot 4 on PS600841G, known as No. 920 Kilmore Glenaroua Road, Glenaroua. Amendments to the Planning and Environment Act 1987 (Act) provide a set process for amending an agreement which is contained in Sections 178 to 178I of the Act. This is similar to the planning permit process whereby an application is made, there is a notification process and appeal rights, however all of which are subject to initially receiving in-principle support from Council. The existing Section 173 Agreement prevents any further subdivision of the land. The request seeks an amendment to the Section 173 Agreement in order to allow for the further subdivision of Lot 4. LAND AFFECTED BY THE AGREEMENT The existing Section 173 affects land at 920 Kilmore-Glenaroua Road, Glenaroua. There are also three other parties to the Section 173 Agreement, being the owners of properties directly to the north of the site. A locality plan of the land affected by the agreement is provided for the information of the Councillors: MITCHELL SHIRE COUNCIL Page 3

8 Amendment to Section 173 Agreement No.920 Kilmore-Glenaroua Road, Glenaroua CONT. HEARING AND CONSIDERATION OF SUBMISSIONS Council has established the Hearings Committee to hear and report to Council on submissions received by Council under section 223 of the Local Government Act 1989 and on objections and submissions received in relation to planning permit applications under the Planning and Environment Act The applicant to the request to amend the Section 173 Agreement has been invited to attend this meeting of the Hearings Committee to make a brief presentation in support of their application. A schedule of submissions to be heard will be tabled at the meeting. The process for hearing the submissions is outlined in the Hearings Committee Charter adopted by the Council on 17 December Following hearing of submissions by the Committee, a report on the proposal will be submitted to Council for consideration. Council is required to consider all submissions received before deciding on the matter. RECOMMENDATION THAT Council Officers provide a report to Council in relation to the request to provide in-principle support for an amendment to a Section 173 Agreement Agreement that affects Lot 4 on PS600841G, known as No. 920 Kilmore Glenaroua Road, Glenaroua. MITCHELL SHIRE COUNCIL Page 4

9 6. DATE OF NEXT MEETING Meetings of the Hearings Committee are scheduled for the first and third Mondays of the month. If no submissions are scheduled to be heard at a particular meeting of the Committee, the meeting will be cancelled. The next meeting of the Hearings Committee is scheduled for Monday 16 June CLOSE OF MEETING MITCHELL SHIRE COUNCIL Page 5

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