Planning infringements

Planning infringements 2017-06-01T13:06:10+10:00
Any one who uses or develops land in contravention of or fails to comply with a planning scheme, or a permit, or section 173 agreement under is guilty of an offence. Better not do that.

We’ve provided a dedicated section to talk about noise. That technically falls under planning infringements.

Local council’s ammunition

There are several tools the local council has for enforcement:

Informal warning a.k.a. start complying or the council will be back. With something bigger.
Official warning Issued under  section 8  of the  Infringements Act 2006  (Vic).
Planning infringement notice Used for minor breaches.
Enforcement order For a serious breach or possible breach.

There are strict timelines to respond or object to an application for an enforcement order – only 14 days.

People other than the council can apply to VCAT for an enforcement order.

Once an enforcement order is in place, it must be complied with.

Interim enforcement order Application to VCAT if there’s something the council wants done urgently.
Prosecution Normally reserved for continuous or very serious breaches. Can involves a fine plus an ongoing daily penalty until the breach is fixed.
Injunction Like an interim enforcement order, but through the Victorian courts.
Cancellation or amendment of a permit Revoking the right to use or develop the land how you wanted to.

Adding additional conditions to the use or development of the land.

Section 173 Agreement An agreement between you and the local council.

Binds all future owners of the property.

Let’s get you started

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Call us on 1300 797 512