Planning Enforcement

All use and development of land in Wellington Shire must comply with the Wellington Planning Scheme.

Planning Enforcement Officers will investigate illegal uses, development or removal of native vegetation. The loss of native vegetation and destruction of the coastal and lake foreshores is very important to us and the community.

To ensure compliance with the Wellington Planning Scheme and any approved planning permits, action may be taken with regards to breaches of these regulations.

Wellington Shire Council investigates all identified breaches of the planning scheme and planning permits. Development compliance issues may include:

• No Permit - Building works conducted without a planning permit where one is required.
• Non-compliance with Planning Permit Conditions - Building works that are inconsistent with the approved planning permit and/or endorsed plans. Auditing of permits is undertaken. All conditions on a Planning Permit must be completed and comply with the conditions.
• Illegal Use - Illegal use of a property or use inconsistent with the Wellington Planning Scheme or planning permit conditions.
• Changes of Land Use - Changes of use of land, without planning approval, where such approval is required.
• Removal of Native Vegetation - Native vegetation which is destroyed or removed illegally.
• Heritage - Works and demolition carried out to a property in a Heritage Overlay without prior planning approval.

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Options Available to Council

For minor offences, wherever possible, planning compliance officers seek to resolve issues through negotiation with the parties involved. However, in circumstances where negotiation fails or where a significant breach has occurred, the Planning and Environment Act 1987 provides for other enforcement options.

These options include:

• The issue of an official warning.
• The issue of a Penalty Infringement Notice (PIN).
• An application to the Victorian Civil and Administrative Tribunal (VCAT) for an enforcement order.
• An application to VCAT for the cancellation or amendment of a Planning Permit.
• Commencement of prosecution proceedings in the Victorian Magistrate's Court.

Serious breaches will be prosecuted. If you suspect someone has undertaken a use, development or removed native vegetation illegally, please report the offence to Wellington Shire Council.