Section 173 Agreement Council

If you plan to buy land, it is important to check that 173 agreements are registered on the title. This way, you can see what the restrictions are before you buy. More than 3,000 properties in the Shire of Nillumbik have an agreement in accordance with Section 173, which is registered on the title. It is therefore important for landowners (and their representatives) to know whether or not a Section 173 agreement infringes their property and, if so, they understand their obligations under the agreement. Independent legal advice may be required to achieve a full understanding of the Section 173 Agreement. On the basis of an agreement under section 173 of the Planning and Environment Act 1987, a Council may limit how a sub-divider will use the country in the future. Some common things found in these agreements are: Some boards have their own in-house lawyer, who can prepare the agreement for you for an additional fee. For example, Frankston City Council offers this service, otherwise you can hire a lawyer you choose to design the deal. This is a service we offer.

A Section 173 agreement is a legal agreement between the Council and the owner, pursuant to section 173 of the Planning and Environment Act 1987. In some cases, a third party, for example. B a referring authority may also participate in an agreement. While anyone can draw up a contract, an agreement under section 173 of the Planning and Environment Act 1987 makes it so unique that it can be recorded on the campaign title. This creates very concrete obligations and rights in rural areas. It also facilitates land use planning by municipal councils, which do not need to rely on law, regulation or other legal requirements. In both cases, the Council recommends that a legal practitioner be approached by counsel before making such a request, given that, in some cases, a lawyer will be required to identify the parties involved in the section 173 agreement. As part of the Council`s examination of the application, other parties to the agreement shall be informed of the application and may object to the proposal to terminate or amend the agreement. If you are unable to agree on new terms with your counsel, the next way to proceed is to apply to the Victorian Civil and Administrative Tribunal (VCAT) for a change. All disputes related to the terms of an agreement may also be referred to VCAT for evaluation. This agreement provides for permanent restrictions or ongoing requirements regarding the use or development of the country.

This means that if you do not agree with the terms of the agreement, you must make a request to the Council. Several boards may have different procedures for making amendments to section 173 agreements. A request for an agreement other than the modification or elimination of an obligation of an agreement shall be examined by the Council on its planning principles. .

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