Northern Midlands

Unlawful Development or Use

What is Unlawful Development or Use?

Unlawful development and use can take a number of forms.  In general terms it involves:

  • Activity or works being carried out for which prior Council approval should have been obtained (permitted or discretionary development/use);
  • activity or works being carried out for which approval cannot be given (prohibited development or use);
  • activity or works being carried out in a way that does not comply with a development/use permit.

Action will be appropriate to the nature and legal status of the activity or works viewed against the provisions of the Council’s Planning Scheme.

What Can I Do About Unlawful Development or Use?

If you think there are reasonable grounds for questioning whether an activity or works being carried out may be an unlawful development or use, you should contact Council’s Planning Section, either by speaking to a planning officer at the Council Offices or by phone on (03) 6397 7303.

Is That All I Can Do?

Once you have made an enquiry about the lawful state of an activity or works and Council has confirmed that action can be commenced, you may be able to assist Council further in its investigations.  In circumstances where the unlawful status of an activity or use is observed directly by Council’s planning staff, or is a clear-cut issue, your further assistance is unlikely to be called upon.
In other cases, however, your further assistance may be essential if Council action is to succeed in respect to an unlawful activity or use.  You may be able to assist with information such as a general description of works or activity, dates and times, duration etc., along with a description of any vehicles, (including company names, vehicle registration numbers) if appropriate.

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