As with other agreements, a Section 173 agreement is a legal contract. An agreement is imposed in the same way as an authorization condition or planning scheme. It can also be considered a disadvantage for potential future owners, which affects the sale value of the land. If you cannot agree to new terms with your Council, the next procedure will be to apply for an amendment to the VCAT (Victorian Civil and Administrative Tribunal). All disputes relating to the terms of an agreement may also be referred to VCAT for evaluation. On 10 October 2012, VCAT ordered the annulment of the decision of the competent authority and the granting of an authorisation. [Note 205] These include an approved regional strategic plan; An approved strategic plan any relevant national environmental protection policy, as stated in a regulation; any other strategic planning, policy statement, direction or code adopted by a minister, government authority, city council or public authority; A planning approach adopted by the Council but not yet approved by the Minister; a Section 173 agreement; all other relevant questions. At present, the competent authorities can also take into account the significant social and economic impacts of a proposed development, but this will soon be a necessary consideration. Planning and Environment Act, s 60 (1A). With the agreement of the Minister of Planning, an agreement under Section 173 may be amended by agreement between the competent authority and the person or person bound by a contract. [Note 334] According to the Ministry of Planning and Municipal Development, the agreement in Section 173 should not be invoked if the planning objectives of the competent authority can be achieved by the application of the authorisation conditions. [Note 327] Authorities may be responsible for planning to modify a planning plan.

The Minister may authorize any authority to prepare a change to a planning plan in accordance with Section 9 of the Planning and Environment Act. The competent authority may require the applicant to provide additional information, or a referral authority, before considering an application. [Note 195] Any request for further information should be made within 28 days of receiving the request by the relevant authority. [Note 196] The VicSmart Planning Assessment was introduced on June 7, 2012.