Section 173 Agreement Yarra Ranges

Posted by on April 12, 2021

A council may also enter into a s173 agreement with someone who may own the country in the future. This will allow the Council to make future planning decisions, but the agreement will not limit the current owners of the land. With the agreement of the Minister of Planning, an agreement under Section 173 may be amended by agreement between the competent authority and the person or person bound by a contract. [Note 334] This document outlines key elements of the planning system in Victoria, including: planning tools, planning decisions, planning plan modification procedures, section 173 agreements and planning authorization applications, the role of key participants in the planning system, including opportunities for public participation, and recent legislative changes to the Planning and Environment Act. This agreement provides for permanent restrictions or permanent requirements for the use or development of the land. As mentioned in the previous chapters of Section 6, paragraph 2, of the Planning and Environment Act, a planning scheme may regulate or prohibit the use or development of land. “Use,” as defined in Section 3 of the Act, includes “Proposed Use or Use for the Purposes for which the country has been or may be developed,” while “Development,” also defined in Section 3 of the Act, includes: Chapter 7 provides a brief overview of Section 173 of the agreements. A Section 173 agreement can be obtained in the same way as an authorization condition or planning scheme (see Chapter 4). Contractual remedies may also be made available to enforce the agreement if the provisions are not met.

[Note 335] A landowner is usually the other party to an agreement. In some cases, a third party may also be involved, for example. B a removal authority. Section 97F specifies that the Minister, after reviewing the panel`s report (if any), can take into account the planning scheme and all the issues applicable under Section 60: the Planning and Environment Act 2013 inserts the new Section 20A into the Planning and Environment Act. Section 20A introduces a “streamlined procedure” for “simple” changes to the planning plan. [Note 122] The Minister`s speech at second reading states that an agreement under Section 173, in accordance with the Planning and Environment Act 1987, allows a Council to limit the future use of land by a parts centre. Some commonalities of these agreements are: this section describes the following key elements of a planning plan: the Minister of Planning has the authority to convene a plan-making application that has yet to be established by the appropriate authority in accordance with Section 97B of the Planning and Environment Act. The Minister may apply when considering the application: the Planning and Environment Act defines the form and content of the agreements in Section 174 and provides that an agreement must “bind the owner to the agreements stipulated in the agreement.” [Note 323] The competent authority may ask the Registrar of Titles to register the agreement. [Note 324] These agreements are named under Section 173 of the Planning and Environment Act of 1987.

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. The Minister who manages the 1958 Act, where the amendment provides for the closure of a road in whole or in part at Kronland (section 19, paragraph 1, point d). Section 173 of the agreements is usually concluded between a city council and the landowner. Therefore, if you wish to develop a property in Box Hill, you may be invited to enter into an Agreement under Section 173 with the City of Whitehorse.

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