Under the Planning and Environment Act 1987, a council may limit how a parts separator will use national use in the future. Some common things that are found in these agreements are: A section 173 of the agreement is an agreement between a Victorian city council and a landowner. This type of contract imposes a number of restrictions on how you can use the country you own, and it is registered on the country`s title. These agreements are named under Section 173 of the Planning and Environment Act of 1987. Some Section 173 agreements allow landowners to obtain Council approval to amend certain requirements of the agreement. This possibility is generally provided for in the agreement by the use of the term “unless the Council agrees in advance.” It may be necessary to seek independent legal advice to confirm that this possibility applies to the section 173 agreement that concerns your country. If your agreement offers this opportunity, landowners will have the opportunity to apply for approval, which the Commission calls “different consents.” This fact sheet is accompanied by a consent application form. If the country is divided, parts of the country can be sold or transferred. If that happens, the agreement will remain intact, but anyone who buys part of the divided country will also be part of the agreement.
Section 173 agreement is normally required by the Commission as part of a planning authorization for the subdivision of surfaces where a condition is not suitable for a building permit or planning plan controls for certain requirements. If you are working from the Council`s submission agreement, it is helpful for your lawyer to also verify this, as each ownership issue will be different. 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. Another application for approval for the cancellation or removal of an obligation to an agreement is considered by the Commission in its assessment of the planning.