Planning enforcement
Planning schemes help manage how land is used and developed. For these rules to work, they need to be enforced.
Knox City Council is responsible for making sure the Knox Planning Scheme is followed. This includes checking for and addressing any breaches.
Knox Planning Scheme
The Knox Planning Scheme is a legal document that:
- Controls how land is used and developed in Knox.
- Protects vegetation where appropriate.
Like any law, the scheme needs to be enforced to be effective.
Knox City Council is the Responsible Authority for enforcing this scheme.
How enforcement is carried out
Enforcement ensures people follow:
- The Planning and Environment Act.
- The Knox Planning Scheme.
- Any conditions attached to a planning permit.
- Section 173 Agreements.
If there is a breach, Council can act to enforce the rules and apply penalties. This is especially important when a breach causes harm to the community or disrupts proper development.
What happens if there's a breach
Council’s response depends on how serious the breach is. Actions may include:
- Informal Negotiation
Council may work with you informally to fix the issue. - Planning Infringement Notice (PIN)
For less serious breaches, Council can issue a PIN, similar to an on-the-spot fine. - Legal Action
- Magistrates’ Court: Serious breaches may lead to fines of up to 1,200 penalty units and court costs.
- Victorian Civil and Administrative Tribunal (VCAT):
- Council can apply for an enforcement order to make sure the breach is resolved.
- For urgent matters, Council may seek an interim enforcement order.
- VCAT can also amend or cancel a permit if there’s significant non-compliance.
Penalties and other actions
If you don’t comply with an enforcement order, you may face:
- Fines of up to 1,200 penalty units plus court costs.
- Imprisonment.
Other actions may include:
- Asking the court for an injunction.
- Completing the necessary works to fix the issue and recovering costs from you.
Further advice
If you’re unsure whether your project needs planning approval, contact us.
- Planning Investigation Officers can help with enforcement matters and investigate reports of planning breaches.
- To make a formal complaint, use our Notice of Complaint form.
We aim to start investigating reports of non-compliance or illegal land use within 10 business days.
Need help?
Contact Planning Services and we will get back to you.
Or call our Planning Services team on 9298 8125.
