Reporting breaches and complaints

We are responsible for administering the planning permits required by law – as set out in the Planning and Environment Act< 1987 – as well as resolving any reported breaches to issued permits.

Reporting a breach

We investigate all reported breaches and work to resolve situations so compliance is met.

If negotiations are not appropriate, or they fail, then we can:

  • issue an official warning: this can include remedial actions.
  • issue a planning infringement notice: this includes a penalty fee (set by the State Government relative to the breach) and remedial actions.
  • issue an enforcement order: we can make an application to VCAT for an enforcement order to achieve compliance.
  • commence a prosecution in Magistrates’ Court: where responsible parties may face conviction and significant financial penalties.
  • make an application to VCAT to have a permit cancelled if there is significant failure to meet permit conditions.

Ways you can report

Call the Development Planning Team on 9490 4222

You may also describe the breach, including location and attaching up to 2 photos, by email at enquiries@banyule.vic.gov.au

Planning breaches

Breach of the planning scheme

This happens when your works are conducted without planning approval, including:

  • the removal/lopping of a protected tree
  • illegal use/occupation of a site.

Breach of a planning permit

This happens with a breach of any permit condition, including:

  • operation outside of approved hours
  • noise, light and sound impacts on the community
  • use of the land not approved in a permit or endorsed plan.

Breach of endorsed plans

This happens when:

  • plantings are not completed/removed
  • window screenings are not installed as required
  • building and works are inconsistent with or not shown on endorsed plans.

Breach of a section 173 agreement

This type of agreement restricts building exteriors, use of the site or any development to be completed as set out in endorsed plans or permits.

Breaches relating to illegal brothels

We occasionally receive reports of alleged illegal brothels. We do not deal with illegal brothels as they are the responsibility of Victoria Police.

For concerns about an illegal brothel:

Remember: it is your responsibility to comply with the Banyule Planning Scheme, all conditions set out in planning permits and any endorsed plans and documents. This will avoid any reported breaches on your project.

Non-planning issues

The following are not considered planning permit breaches:

  • Changes that don't require planning permission.
  • Residential noise: this can be reported by emailing enquiries@banyule.vic.gov.au.
  • Noise originating from a public place, such as people leaving a restaurant or children playing in a park.
  • Arguments with neighbours or threatening actions should be reported to the Victoria Police.
  • Illegal car parking, abandoned vehicles, motorbike noise, waste collection matters, graffiti or unsightly premises.

Privacy

When making a formal complaint, we will ask for your contact details so an investigation officer can update you on progress and the outcome, or contact you if further information is required.

Your personal details are kept confidential.