Planning and Building
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NON-COMPLIANCE OF PLANNING APPROVALS
Non-compliance with the Town Planning Scheme
There are a number of ways that this can happen:
(i) The building or structure is erected without Development Approval.
(ii) The development is contrary to an existing Development Approval.
(iii) The use of the site is contrary to that previously approved or listed in the Town Planning Scheme.
(iv) The land is developed without approval (this includes altering levels, introducing fill or removing soil/sand)
Once an offence has been identified, it is investigated and appropriate action taken.
There are various Notices which can be issued under the Local Government (Miscellaneous Provisions) Act Part 15 in relation to non compliance with approved plans, illegal works, building without a licence, Stop Work Notice.
These Notices are issued where an offence has occurred or Council wishes the works to cease. The fines for illegal works have increased 100% since introduction of the new Local Government Act.
The Building Officers inspect either on complaint or during normal working activity, report on illegal works, and the Building Surveyor drafts the Notice for signature by the Director of Urban Management.
The fines for offences under the Town Planning Act are relatively large. The maximum penalty for a breach of the Act is $50,000 and a Magistrate may also impose a daily penalty up to a maximum of $5,000 for a continuing offence.
Ratify the issue: Submit an application for planning approval for the unauthorised works/use.
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