Planning & Building

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Planning Compliance Issues and Council Options

Planning and Building Regulations are in place to protect the urban character of the City of Port Phillip.

To ensure compliance with the Port Phillip Planning Scheme and building policies, action may be taken with regards to breaches of these regulations.

The City of Port Phillip investigates breaches of the council's planning and building regulations. This includes investigating building works and demolitions carried out without the appropriate permits.

Examples of development compliance issues

  • Building works conducted without permits, including changes to a property (such as a house extension or demolition) carried out without the required planning permit from Council.
  • Building works that are inconsistent with the approved permits or endorsed plans. For example: window screenings that are not installed as required on permits issued. Alterations and changes to wall heights, materials and colour finishes where specified. Relocations of plant and equipment.
  • Illegal use of a property or use inconsistent with planning permit conditions or occupancy permits. For example, where an illegal brothel is operating, or if conditions specifying hours that a business can operate are not adhered to.
  • Changes of use of land, without planning or building permits, where such approval is required.
  • Works carried out to a heritage zoned property without prior planning approval.

 
Development Planning Compliance Factsheet

Options available to Council

Council will, where possible, approach these issues with a view to resolution through negotiation with all parties involved, however, should resolution not be achieved, matters can proceed to the imposition of a Planning Infringement Notice (PIN) issued under the Planning & Environment Act 1987.

Other forms of compliance include applying to the Victorian Civil & Administrative Tribunal (VCAT) for an enforcement order which will require certain actions from the owner of the property; proceeding to prosecution in the Victorian Magistrate's Court or cancellation or amendment of a planning permit.

Breaches under the Building Act 2006 may also be prosecuted, for example illegal building work.

Planning process:

  • Informal negotiation with the parties involved
  • Serving a Planning Infringement Notice
  • Applying to the Victorian Civil and Administrative Tribunal for an Enforcement Order
  • Commencement of prosecution proceedings
  • Cancellation or amendment of a planning permit

 
Building process:

  • Informal negotiation with the parties involved
  • Issue Building Order to stop work or Building Notice/Order
  • Commencement of prosecution proceedings

More information

Additional information can also be found at

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