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 â 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.