Depending on the complexity of the agreement, the amendment/end proposal is dealt with by Council officials and may be referred, if necessary, to Council lawyers. If you wish to amend an agreement in accordance with Section 173, all parties must approve the amendments, as this is a binding contract. Therefore, if you are not satisfied with the existing terms of an agreement, you must apply to the Council. The precise procedure for dealing with proposed changes to an agreement varies from council to council, in order to contact your local council for more information. 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. The onus is on the applicant to ensure that the agreement is registered on time with Victoria Country. Provey Conveyancing helps many clients review Section 173 agreements, Section 173 contract withdrawals and other contract review work. As with other agreements, a Section 173 agreement is a legal contract. An agreement is imposed in the same way as an authorization condition or planning scheme.
It can also be considered a disadvantage for potential future owners, which affects the sale value of the land. Rose Lawyer and Conveyancers are experts in all types of real estate business. Whether you need a Section 173 agreement or want to change the agreement for a property you`ve purchased, Rose Lawyers can help. 3. A competent authority may enter into an agreement under subsection 1 or 1A with a person who considers that person to own the land. Section 173 of the agreements is usually concluded between a city council and the landowner. Therefore, if you wish to develop a property in Box Hill, you may be invited to enter into an Agreement under Section 173 with the City of Whitehorse. If you want to divide the land in Portsea, the deal with the Mornington Peninsula Shire would be. Under the Planning and Environment Act 1987, a council may limit how a parts separator will use national use in the future.
Some of the things frequently found in these agreements are: – In accordance with Section 178E of the Law, the competent authority may decide to amend or terminate the agreement in accordance with the proposal; amend or terminate the agreement, which is not very different from the proposal; or refuse to amend or terminate the agreement. An agreement under Section 173 must be reached if requested by the Commission. The agreement binds you and all subsequent owners until it expires after an event or period specified in the agreement. In the event of termination or modification of an agreement, the competent authority must notify the Registrar of Titles, using the required form, of the cancellation or modification of the protocol of the agreement.