An agreement may end after an event or a specified period if described in the agreement. If the agreement does not provide a mechanism to terminate the agreement, the owner or any other interested party may submit a request to the Commission to terminate the agreement. This request must address the issues referred to in Section 178 B of the Planning and Environment Act 1987. Depending on the complexity of the agreement, the amendment/end proposal is dealt with by Council officials and may be referred, if necessary, to Council lawyers. The onus is on the applicant to ensure that the agreement is registered on time with Victoria Country. This agreement provides for permanent restrictions or permanent requirements for the use or development of the land. 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. Please note that this does not mean that this does not mean that consent must be or will be given, as consent may be given to amend or waive the requirement. More than 3,000 properties in the Shire of Nillumbik have a Section 173 agreement listed on the title. It is therefore important for landowners (and their representatives) to know whether or not a Section 173 agreement affects their property and, if so, understand their obligations under the agreement. Independent legal advice may be required to gain a full understanding of the Section 173 agreement. The agreements in Section 173 are applicable by the Council and the Council takes the violations of the Section 173 agreements very seriously.
As such, landowners are required to comply with the provisions of a Section 173 convention concerning their country. If there is an unforeseen circumstance that requires your proposal to deviate from all the requirements of your agreement, you are urged to consult with the Commission`s planning services prior to the proceedings. If you go to the Commission`s planning services before providing for derogations from the requirements of your agreement, it is possible to avoid issuing a notice of planning violations. A Section 173 agreement is a restriction that limits land use. The contract binds the owner of the land and all subsequent owners until the end of the contract or until the right of certification is withdrawn from the land. Section 173 Agreements are named in Section 173 of the Planning and Environment Act 1987 (Vic). In both cases, the Commission recommends that counsel seek advice prior to filing such an application, as in some cases a lawyer is required to identify the parties involved in the Section 173 agreement. As part of the Commission`s review of the application, other contracting parties are informed of the application and have the opportunity to oppose the proposal to terminate or amend the agreement. A landowner is usually the other party to an agreement. In some cases, a third party may also be involved, for example.
B a removal authority. Some Section 173 agreements allow landowners to obtain Council approval to amend certain requirements of the agreement.