Section 173 Agreements

A Planning Permit may include a condition which requires the preparation of an agreement between the Responsible Authority (Council) and the landowner. The benefit of the agreement is that it is recorded on the property title and binds the owner and or occupier of the land to comply with the conditions set out in the agreement.  

‍Preparation by Council

To expedite the process and to ensure that the process is as seamless as possible, Council now offers a service to draft Section 173 Agreements.

Please email planning@wellington.vic.gov.au with your request to draft the agreement with the following documentation:

• Copy of Planning Permit;
• Council endorsed documentation in relation to the Section 173 Agreement ie. Climate Change Response Plan (refer to conditions on the Planning Permit);
• Register Search Statement (Title). Titles can be purchased from Landata. The title must be produced within the last 7 days;  
• If the registered owner is a company, a current ASIC Search Extract produced within the last seven days that clearly details the registered Australian Company Number (ACN) and all company directors and secretaries.  

Council Planning Administration will contact you once the agreement has been drafted.

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Preparation by Conveyancer/Solicitor

If you would prefer your Conveyancer/Solicitor to draft the Agreement, in order to standardise the preparation and format of the Agreement, Councils template is provided for download below.  

Your Conveyancer/Solicitor is required to email the draft agreement to Council at planning@wellington.vic.gov.au for assessment with all required documentation listed under the “Preparation by Council” heading.

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Section 173 Agreement Template

• Section 173 Agreement Template
• Section 173 Agreement Template PTY LTD Company

Once the agreement has been approved by Council, the agreement must be registered on title by your Conveyancer/Solicitor.  As noted on the Planning Permit, all fees associated with lodgement of the agreement will be borne by the planning applicant/landowner.

Your Conveyancer/Solicitor is required to provide Council with the following documentary evidence confirming that the Agreement has been registered on title:

• Electronic Instrument Statement (including registered Agreement) with the Dealing Number watermark;
• Register Search Statement (Title).  The registered Agreement will be noted under the ENCUMBERANCES, CAVEATES AND NOTICES heading on the title.

Development Applications

‍No. Planning Administration will notify the planner that issued your Planning Permit to endorse your development plans once the dealing number has been received from your Conveyancer/Solicitor.

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Subdivision Applications

‍No. Planning Administration will close the condition in relation to the Section 173 Agreement in SPEAR confirming that this condition has been met which will further progress your subdivision toward achieving Statement of Compliance by Council.

Please email planning@wellington.vic.gov.au to confirm if Council agrees in principle to Amend or End the Agreement.  Please attach the following documentation:

A cover letter requesting either to end the agreement or amend the agreement outlining the changes to the agreement in accordance with Section 178 (2) of the Planning and Environment Act 1987 (the Act).  

Copy of Planning Permit;

• Register Search Statement (Title).  Titles can be purchased from Landata. The title must be produced within the last 7 days;
• Copy of Registered Section 173 Agreement (purchasefrom Landata).

For more information about Fees, please visit our Planning Fees page.

If you have any further questions or require assistance, please contact Planning Administration by calling 1300 366 244 or by emailing: planning@wellington.vic.gov.au