Removal Of 173 Agreement

§ 173 Agreements are enforceable by the Council and the Council takes violations of Article 173 of the Agreement very seriously. As such, landowners are required to comply with the provisions of an Article 173 contract that affects their country. If there is an unforeseen circumstance that requires your proposal to deviate from a requirement contained in your agreement, it is strongly recommended that you consult with the Commission`s planning services before proceeding to determine the legal options available to you. If you contact council Planning Services before derogating from the requirements of your agreement, it is possible to avoid issuing a non-planning notice. Any request for an agreement concerning the modification or elimination of an obligation of an agreement shall be examined by the Council with a view to determining its planning principles. Please note that since consent may be given to change or rescind the requirement, this does not mean that consent must be given or will be given. In both cases, the Council recommends that a legal practitioner be approached by counsel before making such a request, given that, in some cases, a lawyer will be required to identify the parties involved in the section 173 agreement. As part of the Council`s examination of the application, other parties to the agreement shall be informed of the application and may object to the proposal to terminate or amend the agreement. An agreement may terminate after a specified event or period, if described in the agreement. If the agreement does not provide for a mechanism for terminating the agreement, the owner or any other interested party may request the Council to terminate the agreement. This application must deal with the matters referred to in section 178(B) of the Planning and Environment Act 1987.

A Section 173 agreement is a legal agreement between the Council and the owner, pursuant to section 173 of the Planning and Environment Act 1987. In some cases, a third party, for example. B a referring authority may also participate in an agreement. Depending on the complexity of the agreement, the proposed amendment/final is dealt with by Council officials and may, if necessary, be referred to Council lawyers. . . .

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