Planning investigation

1. Initial Assessment: Officers assess the report to determine if a planning permit is required and whether a breach has occurred. 

    

2. Further Investigation: If an investigation is warranted, Officers will undertake further inquiries, this includes notifying the landowner, requesting more information, or conducting site inspections. 

    

3. Enforcement 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.

4. Resolution: The enforcement steps or action taken, depend on the circumstances of each case. Planning Investigations processes can take time depending on the nature of the case and legal proceedings may take time to resolve.

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. 

Download our Planning Enforcement Policy (2022-2031)

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 - use and works that are inconsistent with the approved planning permit and/or endorsed plans. All conditions on a Planning Permit must be completed and/continue to comply with for the life of the permit.

Illegal Use - illegal use of the land that is inconsistent with the Hobsons Bay Planning Scheme.

Changes of Land Use - changes to the use of the 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.  

You also have a right to access your personal information and to make corrections. If you have any queries or wish to gain access to amend your information, please contact Council’s Planning team or Privacy Officer on 1300 179 944.