Planning regulations together with the Kingston Planning Scheme are designed to protect the urban character of the City of Kingston, current regulations allow Council to :
Regulate the use and development of land;
Protect vegetation where appropriate; and
Meet agreed community objectives
As with any other law or regulation, the Kingston Planning Scheme is only effective if the requirements of the scheme are enforced with action being taken in relation to any breaches of the current Planning Legislation.
To ensure compliance with the Kingston Planning Scheme and local planning policies, Council's Planning Compliance team investigate possible breaches of the Planning Regulations. Some examples of breaches may include:
Development compliance issues
Development or building works that are inconsistent with the approved planning permit or endorsed plans. Some examples of this may include:
Window screenings that are not installed as required on permits issued;
Alterations and changes to approved wall heights;
Changes to the approved materials and colour finishes; or
Relocations of plant and equipment.
Works conducted without obtaining relevant Planning Approval from Council;
Illegal use of a property (Eg. Illegal operation of a brothel);
Use inconsistent with approved planning permit conditions. (Eg. if conditions specifying hours that a business can operate are not adhered to.);
Changes of use of land, without planning approval, where such approval is required; or
Heritage: works carried out to a heritage zoned property without prior planning approval.
In all cases Council's goal is to achieve compliance with the planning scheme, and any related planning permit. The use of enforcement processes will be made where it becomes evident that voluntary compliance is unlikely to be successful in a time frame satisfactory to Council.
Depending on the nature and seriousness of the problem, the responsible authority can do one or more of the following :
Negotiating compliance - for less serious breaches with limited amenity impacts on other properties - This may include submittting an Appilcation to amend a Planning Permit and / or endorsed plans to achieve compliance;
Official warnings - for breaches where there are impacts on others but ready options to resolve the breach;
Planning Infringement notices - where a more serious breach has occurred, or a lack of demonstrated intent to resolve or there are previous offences and the matter is unlikely to be resolved by a warning the offender pays a fine for the offence as well as takes actions to resolve the breach of the planning provisions ;
Enforcement orders - for serious breaches of the planning scheme or ongoing breaches Council may apply to VCAT for enforcement ; and
Other jurisdictions - referral of matters to the Magistrates' Court, County Court, other agencies for prosecution on a planning scheme breach.
How do I ensure my property is compliant?
If you have interest in a particular property, and you want to ensure that the development is fully compliant with the Kingston Planning Scheme and associated legislation, you can apply for a Form 14 Certificate of Compliance. Upon application and payment of the relevant fee of $147.00, a Council Planning Compliance officer will advise if a Planning Permit is required.
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