A section 173 agreement is a legal agreement between the Council and one or more other parties under section 173 of the Planning and Environment Act 1987. The landowner is the other party to the agreement, while in some cases a third party, such as . B a referring authority may also be involved. An agreement provides additional planning controls when a condition is not sufficient for approval or scheduling schema controls. An agreement may terminate after a specific event or period if specified in the agreement. If the agreement does not specify a mechanism for terminating the agreement, the owner or any other interested party may submit a request to the Council for termination of the agreement. This application must relate to the matters referred to in section 178(B) of the Planning and the Environment Act 1987. A request for further consent to modify or cancel an obligation under an agreement shall be considered by the Council on the basis of its planning preferences. Please note that since consent may be given to modify or waive the application, this does not mean that consent must or will be given. More than 3,000 properties in Nillumbik County have an agreement under Article 173 registered on the title. It is therefore important for landowners (and their agents) to know whether a section 173 agreement affects their property and, if so, to understand their obligations under the agreement.
Independent legal advice may be required to fully understand the section 173 agreement. Article 173 agreements are enforceable by the Council, and the Council takes violations of Article 173 agreements very seriously. As such, landowners are required to comply with the provisions of a section 173 agreement that affects their lands. If an unforeseen circumstance arises that forces your proposal to deviate from a requirement contained in your agreement, it is strongly advised to seek advice from the Commission`s planning services to determine the legal options available to you before proceeding. Contacting Council Planning Services before making any deviations from the requirements of your agreement can avoid issuing a notice of planning violation. In both cases, the Commission recommends seeking the advice of counsel before making such a request, as in some situations a lawyer is required to identify the parties affected by the Convention under Article 173. As part of the Council`s examination of the application, the other parties to the agreement shall be informed of the request and shall have the possibility of opposing the proposal to dissipate or amend the agreement. Some section 173 agreements give landowners the opportunity to obtain council approval to amend some of the requirements contained in the agreement.
This possibility is generally provided for in the agreement by using the phrase “except with the prior written consent of the Council”. Independent legal advice may be required to confirm that this possibility applies to the Article 173 agreement that affects your country. If your agreement provides for this possibility, landowners have the option of submitting an application for consent, which the board calls “other consent.” This consultation sheet is accompanied by a form requesting other consents. A section 173 agreement is a legal agreement between the Council and the landowner under section 173 of the Planning and Environment Act 1987. In some cases, a third party, such as . B a reference authority may also be involved in an agreement. If you are unsure of the fees that will be charged for your application, please contact a member of the Planning Services team Phone: 03 9433 3343 Email: nillumbik@nillumbik.vic.gov.au If a building permit requires the conclusion of an agreement under Article 173 (which is usually prepared by a lawyer), all costs will be borne by the applicant until the contract is registered. Subdivision involves dividing a property into smaller parcels that can be sold separately. This can also include realigning or changing the boundaries of titles, even if the number of lots does not change. If it is proposed to divide the land into three or more parcels or two or more, if the parcel can be further subdivided in the future, a contribution to the Council for the modernization and/or purchase of land for open spaces such as public parks, playgrounds and reserves will be assessed. Under section 18 of the Subdivision Act 1988, you are likely required to pay the Council a percentage of the value of the land not exceeding 5% or to set aside up to 5% of the land on the plan of subdivision for open public spaces or a combination of both. This does not apply to land covered by the overlap of the development plan (Annex 4), which requires a contribution in value of 7.9% of the site.
(i) up to 10 tenders (ii) 11 to 20 tenders (iii) more than 20 tenders Regardless of the minimum permitted size of the parcels, applications for construction relating to rural areas must take into account clause 22.02 of the master plan, which defines the policy of subdivision into green corner areas. The objectives and directions set out in this policy guide decision-making at its own discretion. If your property has a section 173 agreement or you need our consent for a planning system requirement, i.B. provide parking to Council`s satisfaction, you will need to complete an application for various consent or satisfaction issues. A copy of the certificate issued, once paid, must be submitted (if applicable) with your building application. A development contribution must be paid by the developer before a declaration of compliance for the plan of subdivision is issued. The development contribution rates set out in an approved development plan shall be adjusted each year by 30 June at the latest according to the annual change in the consumer price index. .