Planning Compliance

Compliance processes may include:

• Preliminary negotiating compliance: for less serious breaches with limited amenity impacts on other properties
• Official warnings: for breaches where there are impacts on others but ready options to resolve the breach
• Planning infringement notices (a fine for the offence and direction to resolve the breach of the planning provisions), for when:
  • a serious breach has occurred
  • a lack of demonstrated intent to resolve
  • previous offences indicate the matter is unlikely to be resolved by a warning
• Compliance orders: for serious breaches of the planning scheme or ongoing breaches, Council may apply to VCAT for compliance
• Other jurisdictions: referral of matters to the Magistrates' Court, County Court, and other agencies for prosecution on a planning scheme breach

A complaint must include your name, address and phone number (you may need to be contacted for more information).

All possible measures will be taken to protect your identity in the process and Council will advise you if it becomes necessary for your details to be provided to any other party (usually if escalated to VCAT or another jurisdiction).

Phone Councils Customer Focus team on 1300 367 700 or complete the Planning Infringements and Compliance online form.

When a complaint is lodged with Council, the Planning Compliance Officer will investigate the matter and check for the following:

• Is a planning permit required?
• If yes, does a planning permit exist?
• If there is an existing permit, what does the planning permit allow?
• Are there any other relevant planning controls?

If it is found there is a breach in planning legislation, the necessary compliance action will be taken.

Sometimes compliance through the planning system is not the most timely or cost effective way of securing compliance. In this case the matter may be referred to Council’s Environmental Health or Local Laws team or external agencies such as Environmental Protection Agency, to resolve the matter.