S 173 Agreement Victoria

The terms and conditions in an agreement bind all current and future landowners and occupiers until a particular event occurs or a certain period ends. However, there may be other parties related to the terms of an agreement. For example, a planning authority or developer interested in the use of the land may also be included in the contract. The competent authority may negotiate an agreement with a landowner to set conditions or restrictions on the use or development of the land or to achieve other planning objectives for the land. (For VicSmart`s applications, your city council is the appropriate authority. 2. A competent authority may enter into the agreement on its behalf or jointly with another person or entity. Residential property gives people a lot of security, but doesn`t mean they can do whatever they want on their property. In Victoria, Section 173 of the Planning and Environment Act 1987 authorizes a local council and landowner to enter into an agreement limiting the use of the land. These, commonly referred to as Section 173 agreements, may prevent surfaces from being subdivided, used for staggered developments, or may require the maintenance of certain soil characteristics. (4) If, in this department, an agreement with a buyer in anticipation of the buyer`s owner is covered by the Registrar of Titles, it does not engage the seller unless the seller assumes the rights and obligations of the buyer under the contract. The objective of an agreement is to facilitate the achievement of planning objectives for a given area or land than is possible by invoking other legal mechanisms. If you cannot agree to new terms with your Council, the next procedure will be to apply for an amendment to the VCAT (Victorian Civil and Administrative Tribunal).

All disputes relating to the terms of an agreement may also be referred to VCAT for evaluation. If you are working from the Council`s submission agreement, it is helpful for your lawyer to also verify this, as each ownership issue will be different. If you fail to reach an agreement with the Council on an amendment to the agreement, you can request a review of the decision, which is usually done through VCAT.