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Section 173 Agreements
Section 173 Agreements are a legal document that are binding on the Council and on all other parties to the Agreement. All Section 173 Agreements submitted to the Council will be reviewed by Council's legal representatives. This review process is in line with the practice of other Victorian Councils.
A Section 173 Agreement template(DOCX, 45KB) has been provided for your assistance, appropriate use of this template will minimise the cost of the review. Once a S173 Agreement is ready for signing, a Section 181 form(DOC, 25KB) will need to be submitted also to lodge the Agreement with the Titles Office.
Any reasonable costs and expenses, including legal expenses, incurred by Council in association with a S173 Agreement must be borne by the applicant. This will include the cost of any review undertaken. This is consistent with the requirement of conditions placed on planning permits.
If you need to amend or end a S173 Agreement, you will need to complete an application form(PDF, 32KB) and submit to Council for review.
If you have any enquiries concerning this matter please contact the planning department on 5232 9400 or download the Section 173 Agreement checklist(PDF, 1MB) which provides information on the process.
Certification and Certificate of Compliance for Subdivision
Certification enables a subdivision proposal to proceed. Certification is undertaken by council and ensures that any proposed plan of subdivision complies with the Subdivision Act, the regulations and any requirements of the planning scheme or planning permit and any matter required under section 6(1) of the Subdivision Act.
Under section 21(1) of the Subdivision Act, an applicant receives a statement of compliance from a council once all public works and open space requirements placed on a proposal under the planning system or under the Subdivision Act have been satisfied or adequate arrangements have been made to secure compliance with those requirements.
A statement of compliance cannot be issued before a plan is certified and it must be obtained before a plan can be registered with Land Victoria. A statement of compliance enables a council to ensure compliance with any agreements and conditions placed on any planning permit relating to public works and open space provision.
Please contact Council's Planning Unit on 03 5232 9400 for further information on Written Consent