A Section 173 Agreement is a legal contract made between the Responsible Authority (Council) and the landowner. The power to enter into the agreement sits under Section 173 of the Planning and Environment Act 1987 (the Act).
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.
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 email@example.com with your request to draft the agreement with the following documentation:
Council Planning Administration will contact you once the agreement has been drafted.
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 firstname.lastname@example.org for assessment with all required documentation listed under the “Preparation by Council” heading.
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:
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.
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 email@example.com 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;
For more information about Fees, please visit our Planning Fees page.