What is planning enforcement?
Council acting as a responsible authority under the Planning and Environment Act 1987 must:
… efficiently administer and enforce the planning scheme.
The Latrobe Planning Scheme regulates the way land can be used and developed within the municipality in regard to public safety, economic advancement, environmental protection and residential amenity.
Approach to enforcement
Council’s enforcement area has two main functions:
- Reactive –investigating complaints from people on alleged non-compliance and taking appropriate action to achieve compliance.
- Proactive –auditing identified developments to ensure that planning permits / controls are being complied with and that Council’s objectives are being met.
Council will initiate enforcement action where there is a clear breach of the Planning and Environment Act 1987, the Latrobe Planning Scheme, a planning permit or section 173 agreements and the breach warrants enforcement.
How can planning enforcement be applied?
Council has a number of options to respond to a contravention of the Scheme, such as:
- The serving of an Official Warning under the Infringements Act 2006
- The issuing of a Planning Infringement Notice and fines
- An application for an enforcement order may be lodged with the Victorian Civil and Administrative Tribunal and/or
- Prosecution at the Magistrates Court
We are committed to working with the community and would prefer to achieve compliance rather than prosecute offenders.
Some of the breaches to the Planning Scheme which can be investigated are:
- Use of Property or Premises
- Native Vegetation Removal
- Liquor Licensing
- Home Occupation Uses
- Soil Removal or Import of soil
- Unauthorized uses within Residential Zone
- Animal Keeping/Breeding
- Non compliance of permits
How do I raise a concern?
Contact the Planning Enforcement Officer
You must leave your name and contact details.