An agreement can be prepared by lawyers acting on your behalf or in city council. The contract must be prepared to the satisfaction of all parties entering into the agreement, so that if your lawyer draws up the agreement, it must be approved by counsel for the Council. You must bear the legal costs incurred when writing the document. If you are unable to agree with the Council on an amendment to the agreement, you can request a review of the decision, which is usually done through the CTAV. Agreements are usually between Council and a landowner. But this is not always the case since a third party can sometimes be involved. Like other agreements, an agreement under Article 173 is a contract of legal quality. An agreement is applied in the same way as a condition of authorization or a planning plan. It can also be seen as a disadvantage for potential future owners, which affects the sale value of the land. A Section 173 agreement is a legal agreement between the Council and the owner, pursuant to section 173 of the Planning and Environment Act 1987.

In some cases, a third party, for example. B a referring authority may also participate in an agreement. § 173 Agreements are generally concluded between a municipal council and the owner of a piece of land. Therefore, if you wish to develop real estate in Box Hill, you may be asked to enter into an agreement with the City of Whitehorse under Section 173. If you want to divide the land into Portsea, the deal with the Mornington Peninsula Shire. Finally, remember that if you do not respect the terms of an agreement, you risk being fined heavily and possibly prosecuted in the Magistrate`s Court. The Council may also apply for an enforceable title to prevent you from violating the terms of the agreement. The Article 173 agreement may specify the date on which it expires.

Normally, this is the case when something happens or on a given date…