The City has an important role in ensuring development complies with Town Planning Scheme No.2. The City also investigates untidy properties under the Local Government Act 1995.
The City's Development Compliance Team undertakes development compliance investigations, responds to complaints received from members of the public, investigates potential breaches and carries out enforcement action.
Role of Proponents
Any person who is undertaking development, or who owns the land on which development is occurring, has a legal obligation to ensure they are developing and using land in compliance with a Development Approval and the City's Town Planning Scheme No.2. Proponents must also ensure compliance with all conditions of Development Approval, at all times. Landowners and occupiers must also ensure their properties are not untidy by way of overgrown vegetation, rubbish or disused materials being visible from the street.
The City has a range of powers such as serving direction notices to stop work or bring land into compliance with Town Planning Scheme No.2, or to restore the land as nearly as practicable to its condition immediately before the development commenced.
Development Compliance Officers are authorised under Clause 79 of the deemed provisions of Town Planning Scheme No.2 to enter any land or buildings, at reasonable times, in the City's district for the purpose of monitoring compliance of development (land use) in accordance with Town Planning Scheme No.2. Development Compliance Officers are also authorised to enter land for the purpose of determining if a s.3.25 notice is required under the Local Government Act 1995, for an untidy property.
Enforcement action may range from negotiated outcomes, warning letters, infringement notices and also legal action. The City does not provide progress reports on its investigations, but we can advise on outcomes.
Lodging a Complaint
Any person who is aggrieved by a land use or development matter may lodge their complaint in person, online, via email, fax or in writing. A complaint can be lodged online with the City using the following link: Development Compliance Complaint.
The City will record the complaint and post an acknowledgement letter to the complainant. Complaint particulars will be kept confidential and will not be released to potential offenders without the consent of the complainant. All notification of alleged unlawful activity will be recorded by the City on a Customer Service Request Management System and must be made in writing. The City will not respond to anonymous complaints as it has no way of determining the validity of a complaint.
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