It is the applicant`s responsibility to ensure that the contract is registered in time with Land Victoria. A section 173 agreement is a “legal contract.” One of the essential advantages of an article 173 agreement over a condition of a building permit is that it can be registered through ownership of the land, so that the obligations in the agreement are binding on all future landowners. [Footnote 321] In addition, a Section 173 agreement may continue to operate and impose restrictions on land even if the need for a permit has ceased or the need to work under that authorization no longer exists. [footnote 322] According to the Ministry of Planning and Communal Development, an agreement within the meaning of Article 173 should not be used if the planning objectives of the competent authority can be achieved through the application of authorisation conditions. [footnote 327] If you are working from the Council`s standard agreement, it is useful for your lawyer to check this as well, as each property case will be different. The Planning and Environment Act states that an agreement may provide for one or more of the following issues: [footnote 71] The work is defined in section 3 of the Planning and Environment Act and includes “any change in the natural or existing state or topography of the land”, including the removal of trees, vegetation or arable soil. Depending on the complexity of the agreement, the proposed amendment/final is handled by Council officials and may, if necessary, be referred to Council lawyers. Under this new procedure, certain categories of building permit applications are assessed by the competent authority within ten days, as provided for in the planning plan. Such requests shall be exempted from other formal information requirements, notification obligations and rights of objection.
Such applications shall be assessed on the basis of predefined criteria and shall be excluded from Section 60. VicSmart applications are defined by the Chief Executive Officer (or delegate) of a board. [footnote 216] The decision on the building permit is limited to granting or refusing the permit. [footnote 217] A lawyer can contribute to the development and negotiation of contractual terms and, where appropriate, to the verification process with the VCAT. Penalties for offences are laid down in article 127 of the Act. Section 173 agreements have been used in a number of circumstances, including: check the “declaration of record search”, “copy of plan” and “instrument search” control boxes (Covenants, Caveats and Section 173) section 173 of the Planning and Environment Act empowering a competent authority to enter into an agreement with an owner or owner of land expected to lay down conditions for land use or development. to limit the use or development of land or to achieve other planning objectives concerning that country. [footnote 320] These are called Article 173 agreements. This can be difficult if there are a lot of people who are part of the agreement. This can happen if the country has been divided.
Anyone must either agree to the amendment or a landowner can ask the VCAT to evaluate the proposed amendment. When it comes to CTA, the Council must support this amendment. If the Council does not support it, it cannot be heard by the VCAT. The amendment must also be announced. If VCAT approves the change, the agreement may terminate. This section describes the following key elements of a planning scheme: § section 2 Use: Authorisation required (as a general rule, authorisation conditions are also laid down); Article 14 of the Law on Planning and the Environment provides that the competent authorities are obliged to apply the planning scheme. . . .