How do I amend 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.
What restrictions can a Section 173 agreement include?
Some common restriction included in a Section 173 Agreements include:
- Preventing further subdivision of the land.
- Continual monitoring or reporting on the activity undertaken on the land.
- Making monetary contributions for road construction.
Who can enter into a section 173 agreement?
Parties to an agreement The Act provides that a section 173 agreement can be entered into between a responsible authority and an owner of land (normally the registered proprietor) or a purchaser of land in anticipation of that person becoming the owner.
Who has overall planning powers in the state of Victoria?
the Minister for
The Victorian Planning Authority (VPA) is a State Government statutory authority that reports to the Minister for Planning. Victoria is growing, with a projected population of up to 10 million people by 2050. It is the VPA’s main task to make sure Melbourne and Victoria’s regions remain great places to live.
What is a s173?
What is a section 173 agreement? The responsible authority can negotiate an agreement with an owner of land to set out conditions or restrictions on the use or development of the land, or to achieve other planning objectives in relation to the land. These agreements are commonly known as section 173 agreements.
What is an overlay in planning?
An overlay is a map in a council planning scheme showing the location and extent of special features, such as where land may be subject to flooding. Their key purpose is to: minimise the effects of overland flows and flooding on new buildings.
How do you establish existing rights?
Put simply, an ‘existing use’ in its most common form is a use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for the existing use provisions of the legislation, have the effect of prohibiting that use.
What is DDO overlay?
The Design and Development Overlay is a planning control that is applied to land which requires a specific design treatment. The purpose of the overlay is to give direction to the specific design and built form requirements.
What are overlay requirements?
A mortgage lender overlay is qualification requirement applied by a lender that exceeds the standard qualification guidelines for a loan program. Borrowers should think of lender overlays as an extra layer of guidelines they must meet to qualify for a mortgage.
What are existing rights?
Existing use rights are laws in the Environmental Planning and Assessment Act 1979 (EPA Act) that protect private owners from the effects of changes to planning laws.
What is existing land use?
The term ‘existing use value’ (EUV) refers to what land is worth in its current form. In other words, the price land or property can be sold for on the open market with the assumption that it will only be used for the existing use for the foreseeable future.
How do I end or amend a 173 agreement?
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?
How to register a section 173 title agreement?
The council must apply to the Registrar of Titles to record a section 173 agreement on title. Before the agreement can be registered, anyone who has given a mortgage over the land must also agree for it to be registered. This may include a bank or financial institution.
What can a S173 agreement do for land?
A s173 agreement can: Prohibit, restrict or regulate the use of the land. Impose restrictions on how the land is used. Restrict how the land is developed in the future.
How does section 173 affect the sale of land?
Like other agreements, a section 173 agreement is a legal contract. An agreement is enforced in the same way as a permit condition or planning scheme. It can also be seen as a disadvantage by future potential owners, thereby affecting the sale value of the land.