Remaining compliant with development permit conditions
Council has a role to play in ensuring the development complies with its conditions of approval or with the provisions of the planning scheme. All of the conditions of a development permit are required to be complied with. The development permit attaches to the land, meaning that the rights to use the land for that purpose transfer to new owners, provided the use rights have not been abandoned. It also means that the conditions of approval remain with the land until that use ceases or changes, meaning that the conditions must continue to be fulfilled. If Council receives a complaint about the use of your land, or an aspect of the use of your land, it will investigate the complaint and the use rights attaching to your land. If it is determined after an initial investigation that a development offence has occurred, Council may decide to issue the land owner and the occupier with the following notices.
Show Cause Notice
This notice will outline the facts and circumstances that form the basis for Council believing that a development offence has been committed. You are entitled to make written representations to Council as to why you believe that an Enforcement Notice should not be issued or why you believe that a development offence has not been committed. You will be given at least twenty (20) business days to respond to the Show Cause Notice.
This notice will outline the reasons why Council reasonably believes that a development offence has been committed. The notice will require you to either refrain from committing the offence, take certain actions to remedy the offence or both. You will generally be given at least twenty (20) business days to comply with the Enforcement Notice. If the Enforcement Notice is not complied with, then Council may choose to take legal action to stop the offence from occurring.
Reporting and investigating unauthorised work
Council’s Development Compliance Officers undertake investigations in accordance with Council’s Enforcement Strategy when a complaint about unauthorised or non-compliant work is received.
Some examples of unauthorised work include:
- Carrying out development work without the correct approval
- Not complying with a development or building approval
- Using a premises without approval to do so.
Upon the outcome of the investigation, enforcement action, may be taken if necessary as it is a criminal offence to breach building and planning laws.
To lodge a complaint about unauthorised or non-compliant work, contact Council on (07) 4932 9000 or 1300 22 55 77, write to Council or email email@example.com.