Enforcement process

We always aim for compliance with planning schemes and related permits. However, if we discover a breach and we think you're unlikely to voluntarily fix things in the required time, we will take action.

The action we take next depends on the type of problem we discover, and how serious it is.

The action options are:

Negotiate

If your breach is less serious and has limited amenity impacts on other properties, we may negotiate for you to submit an application to amend a Planning Permit or endorsed plans.

Request for Compliance or Official Warning

If your breach impacts on others but you have committed to undertaking viable options for resolving it by way of application for planning permissions (where possible) or removing the breach.

Planning Infringement Notice

If your breach is more serious and you haven't shown intent to resolve it, we may issue a Planning Infringement Notice. We may also take this action if you've committed previous offences and we feel a warning is unlikely to resolve the matter.

Enforcement Order

If you've seriously breached the Hepburn Shire Planning Scheme or committed ongoing breaches, we may apply to VCAT for an enforcement order to rectify the problem.

Other jurisdictions

If you've seriously breached the Hepburn Shire Planning Scheme, we may refer you to the Magistrate's Court seeking prosecution for the offence.