Section 173 Agreement

Section 173 Agreement is a legal agreement between a land owner and Council. It's registered on the title to the land so it binds not only the current owner but also all future owners and occupiers. S173 Agreements are used to achieve planning objectives for particular areas.

I need some advise. I have applied for a building permit with a Victorian council to construct a second dwelling at the rear of the front existing house. Under the approved planning permit the garage was accepted to be built on the easement. As part of the building permit application I have recently applied for council consent to build over the easement, and the council is enforcing a Section 173 Agreement as part of the consent. Under the planning permit that was issued there is no condition of a section 173 Agreement for the garage on the easement, so why is council imposing this at the building permit stage. Shouldn't this requirement have come up during the planning stage and thus I should have been informed and made a condition on the planning permit?

I am not in favour of signing a Section 173 Agreement and having it placed on the land title as I feel this will affect the future sales of the new dwelling?

Please advise what directions I should take.

Should I cancel the garage from the project?
Will a covenent condition like a Section 173 Agreement on a land title of a new dwelling a bad feature for future sale?
I havn't signed any documents as yet.

Should I take it to VCAT on the basis that I wasn't informed of the Section 173 Agreement during the plaaning state and was not a condition on the planning permit issued to me?

Please advise, any help will be appreciated.
 
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