If you`ve ever owned a property in a residential area in Australia, chances are you`ve heard of a Section 173 agreement. Also known as a planning agreement, a Section 173 agreement is a legal document between a local council and a property owner or developer that sets out certain requirements for how the land can be used.
While Section 173 agreements can be beneficial for both councils and property owners, there are times when they can become a hindrance. Here`s what you need to know about Section 173 agreement removal.
What is a Section 173 agreement?
A Section 173 agreement is a provision under the Planning and Environment Act 1987. It allows a local council to enter into an agreement with a property owner or developer to regulate certain aspects of land use. This can include things like building design, vegetation protection, and restrictions on the property`s use.
Section 173 agreements can be entered into voluntarily by the property owner or developer, or they can be imposed by the council as part of the planning permit process. Once agreed upon, the Section 173 agreement is registered on the title of the affected land and becomes a binding legal document.
Why would you want to remove a Section 173 agreement?
There are a few reasons why a property owner or developer might want to remove a Section 173 agreement. Perhaps they no longer need the restrictions on the property`s use, or maybe they need to make changes to the property that are not allowed under the agreement.
In some cases, the Section 173 agreement may have been imposed by the council without the property owner`s consent, or the property owner may have agreed to the agreement under duress. If this is the case, it may be possible to challenge the agreement`s validity and have it removed.
How do you remove a Section 173 agreement?
Removing a Section 173 agreement is not always a straightforward process. The first step is to determine whether there are any conditions in the agreement that need to be fulfilled before it can be removed. For example, the council may require the property owner to pay a fee or carry out certain works before they will agree to remove the agreement.
Once any conditions have been met, the property owner or developer will need to apply to the council to have the Section 173 agreement removed. This will typically involve filling out an application form and paying a fee. The council will then consider the application and decide whether to approve it.
If the council refuses to remove the Section 173 agreement, the property owner or developer may be able to appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT).
Conclusion
While Section 173 agreements can serve a useful purpose in regulating land use, there may be times when they need to be removed. If you`re a property owner or developer looking to remove a Section 173 agreement, it`s important to understand the process involved and seek professional advice if necessary.
