What happens if planning permission is breached?
If an enforcement investigation concludes that there is a breach of planning control, the council will decide whether it is expedient to issue an enforcement notice. The council will need to be satisfied that the breach is resulting in harm, which is significant in planning terms.
What happens if you breach planning?
Failure to comply with an enforcement notice is an offence that may result in an unlimited fine if convicted. Continued non-compliance can result in further prosecutions for further offences, incurring additional fines.
Can you be fined for breach of planning?
What happens if there is a breach of planning control?
Where a breach of planning control is identified the local planning authority can serve an “enforcement notice” on the landowner and those allegedly causing the breach of planning control. The enforcement notice normally requires them to either cease the activities or take such steps as may be specified in the notice to remedy the breach.
What is the penalty for planning infringement in Victoria?
If a planning infringement notice has been issued, the penalty is five penalty units for an individual and 10 penalty units for a body corporate. The penalty for non-compliance with an enforcement order or interim enforcement order is set in section 133 of the Victorian Civil and Administrative Tribunal Act 1998.
What happens if you get an infringement notice under the Planning Act?
Planning infringement notices, enforcement orders, and interim enforcement orders can also require that measures be taken to resolve the issue. If a responsible authority (usually the local council) prosecutes for an offence under the Act, all penalties for that offence must be paid to the responsible authority.
What are the different types of planning penalties?
There are different types of planning penalties that can be applied depending on the breach that has occurred. These include: prosecution may be pursued in the Magistrates’ Court. If a planning infringement notice has been issued, the penalty is five penalty units for an individual and 10 penalty units for a body corporate.