A section 173 agreement, also known as a planning agreement, is an agreement between a landowner and a local council regarding the use and development of the land. The purpose of a section 173 agreement is to ensure that the land is used in a way that is consistent with the council`s planning policies and objectives.
So, who can enter into a section 173 agreement? The answer is quite simple: any landowner who is seeking to develop or use their land in a way that requires a planning permit can enter into a section 173 agreement with the local council.
This means that if you own land and are planning to use it for a purpose that requires council approval, such as building a new house or developing a commercial property, you will need to enter into a section 173 agreement.
It`s worth noting that section 173 agreements are not always required. In some cases, a planning permit may be granted without the need for a section 173 agreement. However, if the council has concerns about the development or use of the land, or if they believe that the development or use may impact on the surrounding area, they may require a section 173 agreement to be put in place.
When entering into a section 173 agreement, it`s important to understand that the agreement is a legal contract between the landowner and the council. The agreement will set out the terms and conditions of the development or use of the land, and will often include requirements for things like landscaping, building design, and noise and traffic management.
If you are considering entering into a section 173 agreement, it`s important to seek legal advice to ensure that you understand your obligations and responsibilities under the agreement. It`s also important to note that once a section 173 agreement is in place, it is binding on all future owners of the land.
In conclusion, any landowner who is seeking to develop or use their land in a way that requires a planning permit can enter into a section 173 agreement with the local council. These agreements are designed to ensure that land is used in a way that is consistent with council planning policies and objectives, and they are a legal contract between the landowner and the council. It`s important to seek legal advice when entering into a section 173 agreement, to ensure that you understand your obligations and responsibilities.
