Entering into a Section 173 agreement
What is a Section 173 Agreement?
A Section 173 (S173) Agreement is a legal contract that can be made between Council and a landowner and/or parties under Section 173 of the Planning and Environment Act 1987.
A landowner is normally the other party to the Agreement, while in some cases a third party, such as a utility authority, may also be involved.
A S173 Agreement normally provides for continuous restrictions or on-going requirements on the use and or development of the land.
Why would a Section 173 Agreement be required?
A S173 Agreement may be required as a condition of permit. An agreement may be used, to restrict or prohibit certain uses or development on the land where a planning permit has been granted.
Who prepares a Section 173 Agreement?
Wyndham City Council utilises external legal services to prepare S173 Agreements and review agreements which have been drafted by an applicant’s legal representative.
What fees are involved with a Section 173 Agreement?
Council charges a fee to cover the administrative costs associated with its own tasks to review, sign and formalise the preparation of the agreement.
The owner/applicant will also be responsible for the legal costs charged by Council’s external legal services associated with the preparation/review and registration of the agreement. These costs will vary depending on the complexity of the agreement.
Registration of a Section 173 Agreement
A S173 Agreement must be registered on the title to the land to which it applies. Council’s legal services will organize for the registration of the agreement with Land Use Victoria.
Apply for a new Section 173 Agreement
Amending or Ending a Section 173 Agreement
How to end or amend a Section 173 Agreement
Section 178A of the Planning and Environment Act 1987 allows an applicant to submit a request to Council to amend or end a Section 173 (S173) Agreement that is registered on a land title. Appropriate justification must be provided.
Council will assess the request and will notify the applicant as to whether it agrees ‘in principle’ to the proposal to amend or end the agreement.
Interested parties to the Section 173 Agreement may be notified of the proposal, as applicable.
What fees are involved with a Section 173 Agreement?
Council charges a fee to cover the administrative costs associated with its own tasks to process the amendment or ending of the agreement.
The owner/applicant will also be responsible for the legal costs charged by Council’s external legal services associated with the preparation/review and registration of the amended agreement or ending of the agreement. These costs will vary depending on the complexity of the agreement.
Registration of a Section 173 Agreement
Where Council approves the request, the amended S173 Agreement or ending of the S173 Agreement must be registered on the title to the land to which it applies. Council’s legal services will organize for the registration of the amended agreement or ending of the agreement with Land Use Victoria.