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Planning services

End or amend a section 173 agreement

What is a section 173 agreement?

A section 173 agreement is a legal contract made between Council and another party or parties that sets out on-going conditions or restrictions on the use or development of land.

The purpose of a Section 173 Agreement is usually to make it easier to achieve long-term planning objectives for an area or particular parcel of land. The conditions set out by the agreement shape the use of the land in an interim period so that longer-term objectives can be met.

Apply to end or amend a section 173 agreement

You can apply to Mitchell Shire Council to amend or end a section 173 agreement by following the steps below.

Depending on the complexity of the agreement, the amending/ending proposal will be dealt with by Council officers and may be referred to Council’s solicitors if required.

Interested parties of the section 173 agreement may be notified of the proposal, as applicable.

If the proposal to amend or end a section 173 agreement is supported, you will be issued with a letter of Council’s decision and Form 19 to take to the Land Titles Office to register.

To apply to end or amend a section 173 agreement:

Step 1

Prepare the following supporting documentation:

  • a full and current copy of title including any restrictions/covenants listed
    • A copy of this can be purchased from the Land Titles Office
    • copies of titles must not be older that 3 months from the lodgment date.
  • a company search
    • if the subject land is owned by a company, a company search must be submitted with the application to confirm the correct ownership details. The company search must not be older than 3 months from the lodgment date.
  • a written statement outlining:
    • the reasons for amending or ending the agreement
    • any change in circumstances that necessitates the proposed amendment.

Step 2

Download and complete the Application for Amending or Ending a Section 173 Agreement form.

Step 3

Return the form to any of our Customer and Library Service Centres or the Wallan Planning and Building Services Office and pay the relevant fees in person; or email your documents to mitchell@mitchellshire.vic.gov.au and an officer will call you to take payment over the phone.

What fees are involved with a Section 173 Agreement?

Council charges an application fee to cover the administrative costs associated with considering Section 173 agreements. If Council’s solicitors are required to be consulted during the process, you will be responsible for covering these costs.

You will be provided with an estimate of all associated costs prior to any review being undertaken.

Registration of a change to a Section 173 Agreement

Any change to a section 173 agreement must be registered in the title of the land to which it applies. This ensures that all future land-owners are aware of, and bound by, the requirements of the section 173 agreement. It is the applicant’s responsibility to ensure that the agreement is registered at the titles office in a timely manner.

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This page was last updated on 13 May 2021.