How do I end or amend a 173 Agreement?
What is a Section 173 Agreement?
A Section 173 Agreement is a legal contract made between Council and another party or parties under the Section 173 of the Planning and Environment Act 1987 (the Act).
A landowner is normally the other party to an agreement. In some cases a third party, such as a referral authority, may also be involved.
This agreement provides for continuous restrictions or on-going requirements on the use or development of the land.
How to amend or end a Section 173 Agreement
You can apply to amend or end a Section 173 Agreement on a land title.
Depending on the complexity of the agreement, the amending/ending proposal will be dealt with by council officers and may be referred to council’s solicitors if required.
Interested parties to the Section 173 Agreement may be notified of the proposal, as applicable.
If the proposal to amend or end a Section 173 Agreement is supported, you will be issued with a letter of council's decision and either a Form 22 or Form 23 for you to take to Land Victoria (formerly the Land Titles Office) to register.
Section 178(A-I) of the Planning & Environment Act 1987 sets out the process for a proposal to amend or end a Section 173 Agreement.
What are the fees?
There is an application fee of $643.00 to cover the administrative costs (including advertising) associated with considering Section 173 Agreements.
If we must consult our solicitors, you will be responsible for covering any such costs additional to the application fee. We will provide you with an esitmated cost before undertaking a review.
Registration of a change to Section 173 Agreement
Any change to a Section 173 Agreement must be registered on the title to the land to which it applies.
This ensures that all future land owners are aware of, and bound by, the requirements of the Section 173 Agreement.
It is the applicant’s responsibility to ensure that the agreement is registered at Land Victoria in a timely manner.
Process for Amending or Ending a Section 173 Agreement
- Applicant submits Amending/Ending Section 173 Agreement Application Form to Council
- Council considers the application and conducts any required referrals
- Council indicates whether the application has ‘in-principle’ support
- Council notifies any interested party as applicable
- Council officer writes report with recommendation** to Development Services Manager or Director Social Economic Development
- Council decision on whether to support the proposal is issued as a letter. Any person who made an objection or submission will also be notified
- If approval is issued, the signed letter and Form 22 or Form 23 is sent to applicant
- It is the responsibility of the applicant to take the required documentation to Land Victoria for registration. The proposal (amended or ended agreement) must be registered on the title in accordance with the requirements of the Planning and Environment Act 1987. Any costs associated with the registration of the agreement are entirely the responsibility of the applicant.
** Under Section 178E of the Act, the Responsible Authority may decide to amend or end the agreement in accordance with the proposal; amend or end the agreement that is / is not substantially different from the proposal; or refuse to amend or end the agreement.
Note: In the event that Council refuses the proposal, the applicant can appeal the decision to the tribunal. In the event that Council supports the proposal, any objectors can appeal the decision to the tribunal for more details see www.vcat.vic.gov.au.
What to include with your application to amend or end a Section 173 Agreement
- A completed application form
- A copy of title (no more than 100 days old)
- A copy of the 173 Agreement
- Outline the reasons for amending/ending the Section 173 Agreement
- A company search (if the land is owned by a company - not more than 100 days old)
- Application fee $643.00
Once the form is completed please email to email@example.com with all the relative information as separate PDF attachments to the email.