The enforcement process

We always aim for compliance with planning schemes and related permits. However, if we discover a breach and we think you're unlikely to voluntarily fix things in a satisfactory time, we'll commence our enforcement process.

What we do next depends on the type of problem we discover, and how serious it is.

We could take one or more of the following actions:

  • Negotiation: if your breach is less serious and has limited amenity impacts on other properties. For example, we may negotiate for you to submit an application to amend a Planning Permit or endorsed plans.
  • Request for Compliance or Official Warning: if your breach impacts on others but you have viable options for resolving it.
  • Planning Infringement Notice: if your breach is more serious and you haven't shown intent to resolve it. We may also take this action if you've committed previous offences and we feel a warning is unlikely to resolve the matter.
  • Enforcement Order: if you've seriously breached the Glen Eira Planning Scheme or committed ongoing breaches, we may apply to VCAT for an enforcement order to rectify the problem.
  • Other jurisdictions: if you've seriously breached the Glen Eira Planning Scheme, we may refer you to the Magistrate's Court seeking prosecution for the offence.