Section 173 Agreements

What is a Section 173 Agreement?

A Section 173 Agreement is a legal contract made between Council and another party or parties under the Section 173 of the Planning and Environment Act 1987.

A landowner is normally the other party to an agreement. In some cases a third party, such as a referral authority, may also be involved.

This agreement will be placed on the title to the land, and generally provides for continuous restrictions or on-going requirements on the use or development of the land e.g. development contributions. 

How to enter into a Section 173 Agreement

If you are required to enter into a Section 173 Agreement, you will be notified by our planners.

Beck Legal or Robertson Hyetts solicitors process Section 173 Agreements on behalf of Mount Alexander Shire Council. 

Process for amending or ending a Section 173 Agreement

  1. The applicant submits a completed Apply to Amend or End a Section 173 Agreement Form(PDF, 365KB) to Council
  2. Council will consider the application and conduct referrals (if required)
  3. Council will advise the applicant if the application has ‘in-principle’ support
  4. Council notifies any interested parties (if required)
  5. Council will provide the applicant a letter confirming if the application is being supported or refused. Any person who made an objection or submission will also be notified
  6. If the request is approved, the applicant must engage Beck Legal or Robertson Hyetts Solicitors to lodge the required documents with the Land Titles Office to have the agreement formally amended/removed from the title for the land

Note: In the event that Council refuses the proposal, the applicant can appeal the decision to the tribunal. In the event that Council supports the proposal, any objectors can appeal the decision to the tribunal for more details.

See www.vcat.vic.gov.au for more information.

Registration of a change to Section 173 Agreement

Any change to a Section 173 Agreement must be registered on the title. This ensures that all future land owners are aware of, and bound by, the requirements of the Section 173 Agreement. It is the applicant’s responsibility to ensure that the agreement is registered at Land Victoria by engaging Beck Legal or Robertson Hyetts Solicitors to lodge the required documents with the Land Titles Office.

 

How to apply

Prior to lodging a request, consider speaking to one of our planners or applying for a pre-application meeting first.

  • Submit the application by email, in person or by post:

    Phone: 03 5471 1700
    Email: info@mountalexander.vic.gov.au

    27 Lyttleton Street,
    Castlemaine, Victoria, 3450

    Mount Alexander Shire Council
    PO Box 185
    Castlemaine VIC 3450

Application fees

Council’s application fees to cover the administrative costs (including advertising) are set out in our Planning fees.

If Council is required to consult our solicitors while considering the request, the applicant must pay for any costs in addition to the application fee. We will provide you with an estimated cost before undertaking a review.

If the request is approved by Council, all costs associated with the registration of the agreement by Council’s nominated Solicitors must be paid by the applicant.

 

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