A Section 173 agreement is a legal agreement between the Council and the landowner pursuant to Section 173 of the Planning and Environment Act 1987. In some cases, a third party. B for example a referral authority, may also be involved in an agreement. More than 3,000 properties in the Shire of Nillumbik have a Section 173 agreement listed on the title. It is therefore important for landowners (and their representatives) to know whether or not a Section 173 agreement affects their property and, if so, understand their obligations under the agreement. Independent legal advice may be required to gain a full understanding of the Section 173 agreement. Depending on the complexity of the agreement, the amendment/end proposal is dealt with by Council officials and may be referred, if necessary, to Council lawyers. The agreements in Section 173 are applicable by the Council and the Council takes the violations of the Section 173 agreements very seriously. As such, landowners are required to comply with the provisions of a Section 173 convention concerning their country. If there is an unforeseen circumstance that requires your proposal to deviate from all the requirements of your agreement, you are urged to consult with the Commission`s planning services prior to the proceedings. If you go to the Commission`s planning services before providing for derogations from the requirements of your agreement, it is possible to avoid issuing a notice of planning violations. In accordance with Section 178E of the Act, the competent authority may decide to amend or terminate the agreement in accordance with the proposal; amend or terminate the agreement, which is not very different from the proposal; or refuse to amend or terminate the agreement.
Some Section 173 agreements allow landowners to obtain Council approval to amend certain requirements of the agreement. This possibility is generally provided for in the agreement by the use of the term “unless the Council agrees in advance.” It may be necessary to seek independent legal advice to confirm that this possibility applies to the section 173 agreement that concerns your country. If your agreement offers this opportunity, landowners will have the opportunity to apply for approval, which the Commission calls “different consents.” This fact sheet is accompanied by a consent application form. Another application for approval for the cancellation or removal of an obligation to an agreement is considered by the Commission in its assessment of the planning. Please note that this does not mean that this does not mean that consent must be or will be given, as consent may be given to amend or waive the requirement. A landowner is usually the other party to an agreement.