A Section 173 Agreement is a legal contract made between Council and another party (such as a developer) under Section 173 of the Planning and Environment Act (1987) that provides for the continuous restriction or on going requirements on the use or development of the land. The agreement is registered on title.
Some examples of where Section 173 Agreements may be used include:
• To establish an agreement for monetary contributions for road construction
• To prevent further subdivision
• To construct a dwelling in accordance with endorsed plans
• To provide for a specific service such as where garbage collection is to be carried out on the land
A Section 173 Agreement. The permit conditions are listed under dot point 3