Planning Investigation and Enforcement

What are the Planning Regulations and Legislation?

All use and development of land in the Hobsons Bay municipality must comply with the Hobsons Bay Planning Scheme and Planning legislation. Our Planning Laws include the Planning and Environment Act 1987 and regulations, the Hobsons Bay Planning Scheme, planning permits issued under the Planning Scheme and Section 173 Agreements entered into between Council and landowners.

Hobsons Bay Planning Scheme is a regulatory framework used to guide and control land use and development within the Hobsons Bay municipality. It is part of the broader Victoria Planning Provisions, which apply to all private and public land in Victoria.

The Planning Scheme includes policies and provisions that:

• Define how land can be used (e.g., residential, commercial, industrial)
• Set out requirements for new developments and changes to existing buildings
• Protect environmental and heritage values
• Ensure that developments are safe and sustainable

These laws are designed to regulate the use and development of land in our municipality to encourage proper use, development and protection of land. Council is responsible for enforcing the planning laws in our municipality to support community safety and amenity.

If you'd like to view a copy of Hobsons Bay's City Council Enforcement Policy, please click the link below:

View our Planning Enforcement Policy (separate tab)

When should I report a Suspected Breach

You may report a suspected breach when you think someone has:

• Built something without a planning permit
• Obtained a planning permit but failure to comply with its conditions
• Breached the Hobsons Bay Planning Scheme or an encumbrance on title such as a Section 173 Agreement.
• Built something that isn't consistent with the endorsed plans

Examples of breaches or non-compliance may include:

All use and development of land in Hobsons Bay City Council must comply with the Hobsons Bay Planning Scheme.

No Permit – Building works conducted without a planning permit where one is required

Non-compliance with Planning Permit Conditions - Building works that are inconsistent with the approved planning permit and/or endorsed plans. All conditions on a planning permit must be completed and comply with the conditions.

Illegal Use – Illegal use of a property or use that is inconsistent with the Hobsons Bay Planning Scheme or planning permit conditions.

Changes of Land Use – Changes of use of land, without planning approval, where such approval is required.

Removal of native Vegetation – Native vegetation which is destroyed or removed illegally.

Heritage – Works and demolition carried out to a property in a Heritage Overlay without prior planning approval.

How do I report a suspected planning breach?

Council now has an online planning enforcement investigation request lodgement process. Please refer to the below link to lodge a report.

Test PLANNING INVESTIGATION REPORT**not live yet

What is the role of Authorised Planning Investigation Officers?

An Authorised Officer is a Council employee appointed, through an Instrument of Appointment and Authorisation, to carry out statutory compliance or enforcement functions under legislation related to powers and functions of Council. Our Planning Investigation Team investigate, educate and enforce any breaches of non-compliance within the municipality.

Enforcement Process

Initial Investigations

Planning Investigation Officers conduct an initial assessment to establish whether the report requires further investigation. This includes checking whether the activity reported requires a planning permit, whether there is a current permit in place, what that permit allows, and any other planning controls or exemptions.

Further Investigations

If an investigation is warranted, Officers will undertake further inquiries. This may involve notifying landowners/occupiers of the investigation and seeking information from them about the report. Officers may also inspect the land.

Possible Actions

Planning officers have multiple enforcement options available to them when they have identified an apparent breach. These include:

• Taking no further action if there is insufficient evidence
• Negotiating voluntary compliance
• Issuing an official warning
• Issuing a planning infringement notice
• Seeking an enforcement order from VCAT
• Seeking to cancel or amend a planning permit in VCAT
• Prosecuting for the breach in Court and seeking a conviction and monetary penalties

Resolution

The enforcement step or action taken depends on the circumstances of each case. The same infringement notice or action does not have to be followed in every matter. Planning enforcement steps take time and rarely provide immediate results. If it becomes necessary to commence court or VCAT proceedings, the timeframe will be even longer.

Please note that Council officers will determine the appropriate course of action based on a consideration of all the facts of the case and exercise of discretion.