What is a Section 173 Agreement?
A Section 173 Agreement is a legal contract made between the City of Greater Geelong (the City) and another party 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 Referral Authority may also be involved.
An Agreement generally provides for someone to carry out, or not carry out, matters specified in the Agreement and should be used where a condition on a permit or Planning Scheme controls will not provide for the requirement to be fulfilled.
An Agreement may provide for:
- the prohibition, restriction or regulation of the use or development of theland
- the conditions subject to which the land may be used or developed for specified purposes
- any matter intended to achieve or advance the objectives of planning in Victoria or the objectives of the Planning Scheme or an amendment to the Planning Scheme, for which notice has been given.
A Section 173 Agreement may be used, for example:
- to establish an Agreement for monetary contributions for road construction
- to prevent the further subdivision of land
- to provide for the provision of infrastructure
- to protect stands of native vegetation
- to provide for maintenance of a facility.
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Who Prepares a Section 173 Agreement?
Section 173 Agreements are usually prepared by a solicitor, although the City can provide guidance in the objective and wording of the Agreement.
The cost of preparing the Section 173 Agreement is usually covered by the applicant.
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Registration of Section 173 Agreements
A Section 173 Agreement is registered on the Title to the land. This ensures that all future owners are aware of the requirements and are bound by them.
An application to register the Agreement must be made to the Title Office, and should be accompanied by two copies of the signed Agreement.
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Can I Appeal Against a 173 Agreement?
Applicants can appeal to the Victoria Civil Administrative Tribunal (VCAT) against the provisions of an Agreement or the condition of a planning permit requiring an Agreement. The appeal needs to be lodged at the issue of any planning permit or Notice of Decision.
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When Does an Agreement End?
An Agreement can end after a specified event or time period outlined in the Agreement.
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Amendments to Agreements
To change the Agreement all parties and the City must consent and then approval must be received from the Minister for Planning.
