Revocation of or amendment to a planning agreement

Request form 11R (PDF 150 KB)

Dealing type - R

Legislation – s 7.6 Environmental Planning and Assessment Act 1979

(A) Stamp duty - not required.

Certificate of Title 

  • required for a revocation of a planning agreement. 
  • not required for an amendment to a planning agreement.

NOS form - not required

Standard form of Caveat - prevents registration.

Priority Notice noted on the Register - see Priority Notice page. 

(B) The reference to title for the land affected by the request must be stated.

(C) Does not apply.

(E) The full name of the applicant must be stated. The applicant must be the planning authority.

(F) A short description of the nature of the request must be stated, e.g. 'Revocation of/amendment to Planning Agreement pursuant to s 7.6 Environmental Planning and Assessment Act 1979'.

(G) The registered dealing number of the planning agreement and full details of the request must be stated or included in an annexure. The annexure must be referred to in the body of the request. Each page must be numbered. The first and last pages and any alterations or additions must be signed by all parties.

(H) The dealing must be executed by:

  • an authorised officer of the planning authority, as applicant (the name of the officer and the nature of the authority must be stated), and be witnessed (or executed on the planning authority's behalf as in the table below); and
  • the registered proprietor and be witnessed (or be executed on the registered proprietor's behalf as in the table below); and
  • every lessee, mortgagee, chargee, covenant chargee and caveator (or be executed on their behalf as in the table below). 

Attorney and
 witnessed

Solicitor or
Barrister

Authorised Officer and
witnessed
 Licensed
 Conveyancer

Applicant and Registered Proprietor

Tick
Tick
Tick
Tick

Lessee, Mortgagee,Chargee,
Covenant Chargee and Caveator

Tick
Cross

Tick
Cross

If the dealing is not executed by the registered proprietor and every lessee, mortgagee, chargee, covenant chargee and caveator, then the dealing must be accompanied by the written consent to registration of the dealing by the registered proprietor, and every lessee, mortgagee, chargee, covenant chargee and caveator. 

Where the registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB). The following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB) and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

Where the registered proprietor is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB). A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc.

(I) Not to be completed (see NOS form above)

Staff processing information

Whilst requests dated from 1 March 2018 onwards should refer to section 7.6 of the Environmental Planning and Assessment Act 1979 (‘Act’), staff can continue to accept requests that refer to section 93H of the Act.

If in order proceed with registration.

Registration procedure

Revocation

TRANSACTION    OFF

PRIME CODE    code of planning agreement as shown on the Register

PRIME NO.    number of planning agreement.

Amendment

TRANSACTION    UNDR

PRIME CODE     code of planning agreement as shown on the Register

PRIME NO.    number of planning agreement

SUB CODE     UPLA