What is a Section 173 Agreement
A Section 173 Agreement is a legal agreement made between Council and the landowner under Section 173 of the Planning and Environment Act 1987. In some cases a third party, such as a referral authority, may also be involved in an agreement.
A Section 173 Agreement is generally required by Council in a planning permit for subdivision of the land where a condition on a planning permit, or Planning Scheme controls are not adequate for particular requirements.
An agreement may provide for:
- The prohibition, restriction or regulation of the use or development of the land
- The conditions subject to which the land may be used or developed for specified purposes
- Any matter intended to achieve or advance the objectives of planning in Victoria or the objectives of the Latrobe Planning Scheme or an amendment to the Planning Scheme, for which notice has been given
A Section 173 Agreement may be used, for example:
- To protect native vegetation
- To restrict development to within an approved building envelope
- To prevent development in an approved building exclusion zone
- To ensure development of land is undertaken in accordance with a planning permit
- To secure off-site vegetation planting to compensate for approved removal of native vegetation
- To prevent the further subdivision of land.