A Responsible Authority must discharge its responsibilities fairly and reasonably. A Responsible Authority first needs to establish a strategic basis for requesting a Section 173 Agreement and can then seek to include a condition requiring a Section 173 Agreement for the provision of affordable housing on a planning permit.

The Responsible Authority should have evidence to support the condition, ensuring that it is defendable at VCAT should the applicant lodge an application for review. In most cases, a Responsible Authority is a local council, and a strategic basis could be made in a Housing Strategy that identifies the relevant housing requirements that need to be addressed within a defined location.

To ensure development feasibility and fairness, any affordable housing requirement secured through a planning permit condition for a Section 173 Agreement should be identified early and by agreement with the applicant.

Page last updated: 21/06/23