To satisfy this condition of approval, a section 173 agreement must be prepared by the owner`s lawyer. Once the draft section 173 agreement is prepared, counsel representing the board will review and advise on the necessary changes. More than 3,000 properties in Nillumbik County have an agreement under Article 173 registered on the title. It is therefore important for landowners (and their agents) to know whether a section 173 agreement affects their property and, if so, to understand their obligations under the agreement. Independent legal advice may be required to fully understand the section 173 agreement. If you are unable to agree with the Council on an amendment to the agreement, you can request a review of the decision, which is usually done through the VCAT. If you`re working with the board`s agreement template, it`s helpful for your lawyer to check it as well, as each ownership issue will be different. In the event of termination or modification of an agreement, the competent authority must request the Registrar of Titles to terminate or amend the protocol to the agreement using the prescribed form. This provides a wide scope for agreements. However, there should generally be a correlation between the agreement and the specific planning results sought in relation to the country on which the agreement is registered. Article 173 agreements have been used in various cases. Here are a few examples: Rose Lawyer and Conveyancers are experts in all kinds of real estate matters.
Whether you need a section 173 agreement due to a subdivision or want to change the agreement for a property you`ve purchased, Rose Lawyers can help. A lawyer can assist in the drafting and negotiation of the terms of the contract and, if necessary, in the review process with VCAT. Like other agreements, a section 173 agreement is a legal contract. However, the advantage of an agreement under Article 173 is that it can be noted on the ownership of the land, so that the owner`s obligations under the agreement are binding on the future owners and users of the land. An agreement under section 173 may also be applied in the same manner as a condition of approval or a planning plan. If you can`t agree on new terms with your counsel, the next action plan is to apply for a change at the Victorian Civil and Administrative Tribunal (VCAT). Any dispute relating to the terms of an agreement may also be submitted to VCAT for review. According to the purpose of the agreement under Article 173, the terms of the agreement are adapted to the objective and condition of approval. In Norlane`s example, the section 173 agreement contains clauses that list the “special obligations of the owner”: unlike a provision of a master plan or a condition of approval that allows something to be done, an agreement under section 173 may explicitly require that something be done. This is particularly useful when a competent authority wishes to guarantee certain results before or in the context of the granting of a building permit for a particular use or development. The law allows the Article 173 agreement to provide that: An agreement may be terminated after a specific event or period if it is set out in the agreement.
If the agreement does not specify a mechanism for terminating the agreement, the owner or any other interested party may submit a request to the Council for termination of the agreement. This application must relate to the matters referred to in section 178(B) of the Planning and the Environment Act 1987. The advantage of an agreement is that it can be registered on the ownership of the land, so that the owner`s obligations under the agreement bind the future owners and users of the land. A section 173 agreement is a legal agreement between the Council and the landowner under section 173 of the Planning and Environment Act 1987. In some cases, a third party, such as . B a referring authority may also be involved in an agreement. This means that if you do not agree with the terms of the agreement, you must submit an application to the Council. Different boards may have different procedures for amending Article 173 agreements. .