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.
How Whites Legal can help
Whites Legal helps hospitality businesses with enforcement of planning permits, including:
- Advising on what can and can’t be done under the permit or zoning
- Responding to a planning infringement notice
- Dealing with an enforcement order
- Defending a prosecution under the Planning & Environment Act
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. |