How To Remove A Section 173 Agreement

In accordance with Section 178E of the Act, the competent authority may decide to amend or terminate the agreement in accordance with the proposal; amend or terminate the agreement, which is not very different from the proposal; or refuse to amend or terminate the agreement. However, there may be other parties related to the terms of an agreement. For example, a planning authority or developer interested in the use of the land may also be included in the contract. This agreement provides for permanent restrictions or permanent requirements for the use or development of the land. A Section 173 agreement is an agreement between a Victorian city council and a landowner. This type of contract imposes a number of restrictions on how you can use the country you own, and it is registered on the country`s title. 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. You can only have 1 section 173 in an agreement, but if you need a restriction, it can be listed in the title. A landowner is usually the other party to an agreement.

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