Some contentious issues relating to agreements may also be referred to the court for consideration in accordance with the general revision provisions of Section 149A of the Act. We see that an agreement can define a dispute resolution mechanism. 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. 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. It is interesting to note that the advantage of an agreement is that it can be registered as a sertalan on the land, so that the obligations of the contract owner will bind the future owners and occupants of the land. An agreement is imposed in the same way as an authorization condition or planning scheme. It can also be considered a disadvantage for potential future owners, which affects the sale value of the land. A contract is a contract and should not be concluded without prior legal advice. If an agreement is not carefully developed, there may be difficulties in enforcing or amending the agreement. 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. Other persons or entities may be additional parties to a Section 173 agreement and may be bound by the terms of the agreement. This.B may include: When we are responsible for preparing an agreement in accordance with Section 173, our usual approach is to fully inform our client of his legal rights regarding the use or development of his land as part of the planning system before developing an agreement and sending it to the appropriate authority. The aim is to ensure that the competent authority does not agree as a technique for restricting construction by the landowner. The onus is on the applicant to ensure that the agreement is registered on time with Victoria Country. As a general rule, an agreement is negotiated between the competent authority and the landowner and, therefore, the landowner should be aware of his legal rights with respect to the use or development of land as part of the planning plan before entering into an agreement. An agreement cannot and should not serve as the basis for an attempt to extend an authority`s powers under the law. An agreement cannot provide for less restrictive provisions than those contained in a planning plan or authorization, such as permission to use or develop land contrary to the planning scheme or authorization.