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, a template has been provided below.
To prepare the agreement:
- download the template;
- follow the prompts for completing the template;
- obtain your own independent legal advice as required;
- ensure that all relevant signatures are obtained prior to submitting to Council (including mortgagees consent);
- forward two copies of the completed and signed document to: Wellington Shire Council, Land Use Planning Department, PO Box 506, SALE VIC 3850.
Please refer to Council's fee schedule for Preparation/Review of a Section 173 Agreement and/or Application to Amend/End an Agreement.
Once Council has signed and returned the Section 173 Agreement to you, it will be necessary for you to lodge the agreement at the Land Titles Office. Further information regarding fees and how to lodge can be obtained from the Land Titles Office website. Once the Section 173 Agreement has been registered, the final step is for you to advise Council of a "dealing number" to confirm that the registration of the Section 173 Agreement has been finalised. Please email the following details to email@example.com:
- name and address;
- property address;
- planning permit reference number;
- dealing number.
Alternatively, you may write to Council at the aforementioned address. If you require further assistance, please contact the Planning Administration team on 1300 366 244.