Share on Social


Related articles

Removing a Section 173 Agreement | It can be done! 


30 May 2022

MBCM Strata Specialists Shepparton

 

CASE STUDY


OC 542127 – 67 WIGG STREET, WODONGA 3690 VICTORIA
PREPARED DATE: May 2022
Owners Corporation Manager: Emma Glazebrook

 

PROJECT BACKGROUND 

This building is an industrial Owners Corporation. The premises had a Section 173 Agreement with the local Council in place which restricted the size of trucks allowed to enter the property. Trucks would have to first turn around and back into the driveway so they could exit facing forwards. This process significantly impacted the business’s ability to get materials delivered easily. 

 

PROJECT BRIEF 

Emma’s brief was simple - to liaise with Council with a view to removing the Section 173 Agreement. This was no easy brief! 

 

PROCESS AND OUTCOME 

The previous OC manager had been working on this issue for two years before MBCM took over, with no success. 

 

Emma immediately started liaising with Council to make an application for the Section 173 to be revised. After months of hard work, and some great advice from her preferred legal counsel, the agreement was removed from title. This was achieved within the first six months of her management of the property, which made the other owners wonder what the last manager had been doing. 
 

If you have issues at your property which your current manager is struggling to resolve, please contact your local franchisee through our website at www.mbcm.com.au
 

What is a section 173 agreement?

 

The responsible authority can negotiate an agreement with an owner of land to set out conditions or restrictions on the use or development of the land, or to achieve other planning objectives in relation to the land. These agreements are commonly known as section 173 agreements. 

The power to enter into the agreement arises under section 173 of the Planning and Environment Act 1987 (the Act). Like other agreements, a section 173 agreement is a legal contract. However, the benefit of a section 173 agreement is that it can be recorded on the title to the land so that the owner’s obligations under the agreement bind future owners and occupiers of the land. 

A section 173 agreement can also be enforced in the same way as a permit condition or planning scheme. The purpose of an agreement is to make it easier to achieve planning objectives for an area or particular parcel of land than is possible when relying on other statutory mechanisms.