Planning investigation

As of 20 June 2025, Council has moved to an online Planning Investigation lodgement process.

Planning Compliance, Investigation, and Enforcement in Hobsons Bay

All land use and development within the municipality is governed by the Hobsons Bay Planning Scheme, which operates under the authority of the Planning and Environment Act 1987. This scheme sets out the policies, zones, overlays, and provisions, that determine how land can be used and developed, ensuring that changes are consistent with both local and state planning objectives.

Planning Investigation Officers conduct investigations of planning compliance issues and are authorised to take enforcement action.

Key Legislation and Instruments

Planning and Environment Act 1987: Provides the legislative framework for planning in Victoria, establishing the objectives, powers, and responsibilities for land use and development.

Hobsons Bay Planning Scheme: Details permissible land uses, development standards, and requirements for planning permits within the municipality.

Planning Permits: Legal documents required for most changes in land use or development, subject to specific conditions and endorsed plans.

Section 173 Agreements: Legal agreements between Council and landowners to secure ongoing use or development conditions.

About Planning Investigations

Role of the Planning Investigation's Team

The Planning Investigation Team is responsible for:

Investigating potential planning breaches
Educating the community about planning compliance
Enforcing planning laws where necessary

Enforcement Steps

Initial Assessment: Officers assess the report to determine if a planning permit is required and whether a breach has occurred.
Further Investigation: If an investigation is warranted, Officers will undertake further inquiries, this includes notifying the landowner, requesting more information, or conducting site inspections.
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.

Planning Enforcement Policy

Download our Planning Enforcement Policy (2022-2031)

When should I report a Suspected Breach?

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

Built something without the required planning permit
Obtained a permit but they're not complying with its conditions or it isn't consistent with what's shown on the endorsed plans
Breached the Planning Scheme or a Section 173 Agreement
Unauthorised work in a heritage area or removal of native vegetation

Examples of Planning Breaches or Non Compliances:

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.

How do I report a Suspected Breach?

Information Required:

Description of the suspected breach
Your contact details (kept confidential)
Evidence supporting your report
Details of any previous reports or discussions with the involved parties

You can save your report and continue it later if you need to gather more information.

Click here to report a suspected planning breach

Privacy and Confidentiality

Privacy Statement

Hobsons Bay City Council is committed to protecting your privacy.
The personal information supplied by you on the ‘Request for Planning Investigation Report’ will be used by Council for the purpose of planning compliance, investigation and enforcement in Hobsons Bay.
Council's planning investigation officers will not disclose who made the report to the affected parties, and your personal information will be kept confidential and not be disclosed to any external or third party without your consent, unless required or authorised by law (for example, where Council is required under legislation to notify other statutory enforcement agencies).
For further information, Council’s privacy policy can be viewed here.

Access and Correction

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.

How do I appeal or pay my Planning Infringement?

Received a planning infringement? Head to our infringements page to process your payment or appeal.

Click here to proceed to Council's Infringements Page

Further Advice and Support

For more information on planning controls or to discuss your property, contact the Council’s Statutory Planning Team during business hours at 1300 179 944.