Section 173 Agreements

A Section 173 Agreement is a legal contract made between Council and any other party or parties, under Section 173 of the Planning and Environment Act 1987.  A Section 173 Agreement will generally be a requirement of a condition placed on your planning permit, it is recommended to review your conditions carefully and ensure you act on it if there is a requirement.

 

Why would I be required to enter into a Section 173 Agreement?

An agreement will provide for specific requirements set out where a planning permit condition may not be enforceable or where there is a specific on-going obligation that is required to run with the Title of the land (so that future landowners are bound by the requirement). An Agreement may be used for a range of matters including:

  • The prohibition, restriction or regulation of the use or development of the land;
  • Conditions which the land may be used or developed for specified purposes;
  • Require monetary contributions for road construction or other works;
  • To prevent the further subdivision or future development of land;
  • To protect native vegetation;

 

Who prepares a Section 173 Agreement?

Agreements are normally prepared by your solicitors and the cost of preparing and registering agreements is met by the land owner or applicant.

It is recommended that you review and ensure your solicitor is aware of the following requirements when preparing an agreement:

Section 173 information Sheet(PDF, 122KB)

 

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