Planning investigation and compliance deals with complaints and breaches of the Planning and Environment Act 1987.
The City of Kingston’s Planning Compliance Team are responsible for administering and enforcing the Planning and Environment Act 1987 and any planning permit issued under the Kingston Planning Scheme.
Our aim is to assist customers achieve compliance, however if we feel it’s unlikely the matter is to be resolved within a satisfactory time or there are further concerns with the aim to comply, we can take further action with one of the following:
Possible remediation actions
- Negotiation - If your breach has limited amenity impact, we may negotiate for an application to be submitted to amend a planning permit or endorsed plan.
- Issue an Official Warning Notice - if the breach impacts others but you have intent of resolving it
- Planning Infringement Notice - if your breach is more serious and you have not shown intent of resolving the issue this includes a penalty and requirements to rectify the breach/es
- The current penalty is $908.40 for a person and $1,817.20 for a company or body corporate.
- Enforcement order - for serious breaches to the Kingston planning scheme or ongoing breaches, we can apply to VCAT for an enforcement order to assist us in rectifying the matter
- Other Jurisdictions - if you have seriously breached the Kingston planning scheme, we may refer you to the magistrate’s court seeking prosecution for the offence
Types of issues we can investigate
- Buildings and works conducted without council approval i.e. No Planning Permit
- Buildings and works that are inconsistent with the approved Planning Permit and Endorsed Plans
- Illegal use of a site
- Changes to the way the land is used without Planning approval
- Changes made to a heritage overlay without approvals
Making a complaint
To make a complaint you will be required to write to us either by
- post, to PO Box 1000, Mentone VIC 3194 or
- email, firstname.lastname@example.org
- or by phoning the statutory planning office on 1300 653 356
You will be asked to detail the nature of the issue, including the property address and any other relevant information 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.
Under the Information Privacy and Data Protection Act 2014 your contact details will be kept confidential.
Investigating your complaint
Kingston’s Planning Compliance team will conduct a thorough investigation into the alleged issue followed by a site inspection of the property and evidence will be obtained to support. If requested, an officer can advise you of the outcome of their investigation.
Matters to be considered can include:
- Is the use or development in breach of any planning permit or endorsed plans issued for the land?
- Is the use or development contrary to the planning controls applying to the land?