Planning Infringements and Compliance

Compliance action will occur when there is a clear breach of one or more of the following:

  • Planning and Environment Act 1987
  • Latrobe Planning Scheme
  • A planning permit
  • section 173 agreement

A planning permit is required prior to starting most new uses and construction or demolition of structures.

Inspections will check that conditions of planning permits issued have been met.

Council's goal is to achieve compliance with the planning scheme, and any related planning permit. compliance processes are used when evident that voluntary compliance is unlikely to be successful in a satisfactory timeframe.

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.

Report a planning compliance issue

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 the Planning compliance Officer 1300 367 700 or complete the form below

Your details
About the proposal
 

Next steps

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.  

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