Section 114 of the Planning and Environment Act provides that a competent authority or any other person may apply to VCAT for an enforcement warrant against a person who violates a person who does not violate a planning scheme, a condition of authorization or a Section 173 agreement if he or she is not prevented by the enforcement decision. [Note 247] Section 173 of the agreements is usually concluded between a city council and the landowner. Therefore, if you wish to develop a property in Box Hill, you may be invited to enter into an Agreement under Section 173 with the City of Whitehorse. If you want to divide the land in Portsea, the deal with the Mornington Peninsula Shire would be. Penalties for criminal offences are defined in section 127 of the Act. [Note 43] A discussion paper was developed by the Ministerial Advisory Committee of the Victorian Coalition Government and published for public notice. Applications can be made until March 28, 2013. A draft strategy “should be published for notice in mid-2013.” See Department of Planning and Community Development (2013) `Get Involved`, February 18, Plan Melbourne website, February 18, 2013 . The structure of a planning plan is described in Section 7 of the Planning and Environment Act, which states that a planning scheme must include: Chapter 7 provides a brief overview of Section 173 of the agreements. The Planning and Environment Act defines the form and content of the agreements in Section 174 and provides that an agreement must “bind the owner to the agreements established in the agreement.” [Note 323] The competent authority may ask the Registrar of Titles to register the agreement. [Note 324] The Planning and Environment Act 2013 includes the new Section 20A in the Planning and Environment Act. Section 20A introduces a “rationalization process” for the “simple” modification of the planning scheme.
[Note 122] In the minister`s second reading speech, it says, “It can be difficult if there are a lot of people who are part of the agreement. This can happen when the country has been divided. Everyone must either accept the amendment or a landowner can ask VCAT for the proposed amendment to be evaluated. If it is VCAT, the Council must support the amendment. If the Commission does not support it, it cannot be heard by the VCAT. The amendment must also be tendered. If VCAT accepts the amendment, the agreement may end. If the amendment is prepared by the Minister of Planning, the Minister may exempt it from section 17 requirements. 18 and 19, “if the Minister believes that compliance with any of these requirements is not warranted or that the interests of Victoria or a part of Victoria make this exemption appropriate.” [Note 145] The “Ministerial Powers for Planning and Cultural Heritage” practice note outlines the circumstances under which the Minister will consider exercising his authority to amend a planning system exempt from notice obligations. [Note 146] While not exhaustive, the following criteria will be “generally relevant”: if you wish to amend a Section 173 agreement, all parties must approve the amendments, as it is a binding contract. Therefore, if you are not satisfied with the existing terms of an agreement, you must apply to the Council.
The precise procedure for dealing with proposed changes to an agreement varies from council to council, in order to contact your local council for more information.