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Development compliance

Our role

The City has an important role in ensuring development complies with Town Planning Scheme No.2. We also investigate untidy properties under the Local Government Act 1995.

Our 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 development 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. 

Compliance procedures

We have 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 commences.

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. We do not provide progress reports on our 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 also be lodged online:

Lodge a development compliance complaint

We 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 us on our Customer Service Request Management System and must be made in writing. We will not respond to anonymous complaints as we have no way of determining the validity of a complaint.

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