Section 173 Agreements

Some planning permits may include a condition which requires the preparation of an agreement between Council and the owner under section 173 of the Planning and Environment Act, 1987 (eg. to restrict further subdivision of the land).  Once completed a section 173 agreement is registered on the title of the land and is a legally enforceable document.  It is important, therefore, that Section 173 agreements are carefully drafted and executed.

In order to facilitate and standardise the preparation and form of the agreement,  please refer to template links below.

To prepare and submit the agreement to Council:

  • download the Section 173 Agreement template (43KB) and Section 181 Application;  
  • follow the prompts to complete the templates;
  • obtain your own independent legal advice as required;
  • ensure that all relevant signatures are obtained prior to submitting to Council (including mortgagees consent);
  • please refer to Council's fee schedule for Preparation/Review of a Section 173 Agreement and/or Application to Amend/End an Agreement;
  • forward payment, three (3) original signed agreements (single sided) and relevant documents as stipulated in the permit condition to: Wellington Shire Council, Land Use Planning Department, PO Box 506, SALE  VIC  3850;

Once the endorsed Section 173 Agreement has been returned to you, the next step is to lodge the agreement at the Land Use Victoria Office.  Further information regarding fees and how to lodge can be obtained from Land Use Victoria.  Please email a copy of the Lodgement Summary Report to planning@wellington.vic.gov.au.  Your email should include:

  • name and address;
  • property address;
  • planning permit reference number;
  • attached Lodgement Summary Report.

If you require further assistance, please contact the Planning Administration team on 1300 366 244.

 

 

 

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