What Is a S173 Agreement

A s173 agreement, also known as a Section 173 agreement, is a legal document that is entered into by a landowner and a local council. The agreement outlines specific conditions that the landowner must abide by in order to develop or use a piece of land.

These agreements are often used to facilitate development in areas where there may be environmental concerns or where certain types of development are prohibited. They help to ensure that land is used in accordance with council regulations and that the interests of the local community are protected.

The conditions of a s173 agreement can vary depending on the specific circumstances of the land in question. They may include restrictions on the type of building that can be constructed, limits on the number of dwellings that can be built, requirements for the provision of public open space, and provisions for the protection of environmental or heritage features.

S173 agreements are typically entered into at the planning stage of a development project. They may be required as part of a planning permit application, or they may be voluntarily entered into by the landowner as a means of securing the necessary approvals for their project.

Once a s173 agreement is in place, it becomes binding on the landowner and any subsequent owners of the land. This means that the conditions set out in the agreement must be adhered to and cannot be changed without the consent of the council.

Failure to comply with the conditions of a s173 agreement can result in penalties or legal action being taken against the landowner. It is therefore important for landowners to fully understand the requirements of any s173 agreement they enter into and to ensure that they are able to comply with them.

Overall, s173 agreements are an important tool for facilitating sustainable and responsible development in our communities. They help to ensure that land is used in a way that promotes environmental protection, community wellbeing, and long-term economic prosperity.