A landowner is normally the other party to an agreement. In some cases, a third party, for example. B a referring authority may also be involved. 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. § 173 Agreements are enforceable by the Council and the Council takes violations of Article 173 of the Agreement very seriously. As such, landowners are required to comply with the provisions of an Article 173 contract that affects their country. If there is an unforeseen circumstance that requires your proposal to deviate from a requirement contained in your agreement, it is strongly recommended that you consult with the Commission`s planning services before proceeding to determine the legal options available to you. If you contact council Planning Services before derogating from the requirements of your agreement, it is possible to avoid issuing a non-planning notice.
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. In order to facilitate and standardize the preparation and form of the agreement, a template has been provided below. Once the agreement has been registered under section 173, the final step is to send the Council the Land Use Victoria Lodgement Report or a recent copy of the title with the agreement registered in accordance with section 173 with the trade number. This can be emailed to firstname.lastname@example.org. ** In accordance with Section 178E of the Act, the competent authority may decide to amend or terminate the Agreement in accordance with the Proposal; to amend or terminate the agreement which is not materially different from the proposal; or refuse to modify or terminate the Agreement. 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. This agreement provides for permanent restrictions or ongoing requirements regarding the use or development of the country. This involves registering the ownership agreement. A Section 173 agreement is a separate document from the title, but it is recorded by a reference number (dealing) on a security.
A search of this issue will provide full details of the agreement and all related documents, such as planning policies or building envelope plans for new residential neighbourhoods. The agreement may also impose different fees or taxes to be paid by an owner. This agreement is supposed to operate permanently and can deal with issues such as: It is the responsibility of the applicant to ensure that the agreement is registered in time with Land Victoria. Some section 173 agreements offer landowners the opportunity to obtain the Council`s agreement to modify some of the requirements of the agreement. This possibility is generally provided for in the agreement by the use of the phrase « except with the prior written consent of the Council ». It may be necessary to obtain independent legal advice to confirm that this possibility applies to the agreement provided for in Section 173, which concerns your country. . . .