Planning enforcement and investigation

Planning Enforcement matters include:

• building works that are inconsistent with an approved planning permit or endorsed plans
• illegal use of a property or land use operations that fail to meet conditions prescribed on a planning permit, for example, a breach of approved operating hours
• building works conducted without a planning permit, including house extensions in heritage areas.

Enforcement action will be taken when there is a clear breach of the Moonee Valley Planning Scheme, planning permit conditions, unauthorised developments and illegal land uses.

If a breach is identified as a result of a complaint or through proactive enforcement, the owner of the land is advised in writing of the breach.

We prefer to achieve voluntary compliance from the land owner. However, where a breach is significant or compliance is not forthcoming, it may warrant enforcement action.

This action could include:

• serving a planning infringement notice (penalty)
• applying to Victorian Civil and Administrative Tribunal for an enforcement order or
• commencing prosecution in the Magistrates Court.

Council now has an online planning enforcement investigation request lodgement process.

In making a formal complaint, you will be required to detail the nature of the alleged breach, including the property address and any other relevant particulars that may assist the investigation.

Your contact details will also be requested so that the officer can contact you should further information be required and to advise you on the progress and outcome of the investigation.

Your details are kept confidential.

The Dispute Settlement Centre of Victoria

Victorian Civil and Administrative Tribunal