A Section 173 Agreement is a legal agreement made between Council and another party under Section 173 of the Planning and Environment Act (1987).
Usually the other party to the agreement will be a landowner, although in some cases a third party, such as a referral authority, may also be involved.
Purpose of a section 173 agreement
A Section 173 Agreement generally requires you to carry out, or not carry out, the actions set out in the agreement. These agreements are used when we need to impose extra requirements on an application, which are not covered in the conditions on your permit or in the planning scheme controls.
An agreement may provide for:
- The prohibition, restriction or regulation of the use or development of the land.
- Set conditions under which you can use or develop the land for specified purposes.
- Set out requirements that will achieve our planning objectives, or implement an amendment to the planning scheme of which you have been notified.
A section 173 agreement may be used, for example to:
- Collect contributions toward the cost of building roads
- Prevent any further subdivision of the land
- Make sure that important infrastructure will be built
- Protect native vegetation
- Make sure that important facilities will be maintained
Preparing a section 173 agreement
Section 173 Agreements are usually prepared by a solicitor, and you will normally be expected to cover the costs.
Review of section 173 agreement
Once you have submitted a draft agreement to us for comment, we will have it peer-reviewed by an independent lawyer, at your expense.
Registration of a section 173 agreement
A Section 173 Agreement will be registered on the title to the land, to make sure that all future owners are aware of the requirements and will be bound by them.
To register an agreement you must make an application to the Title Office, and provide two copies of the signed agreement.
Agreement time period
A Section 173 Agreement can end after a specified event or a time period set out in the agreement.
If you wish to end an agreement you will need to make a request to Council.