The enforcement process

If we find a planning breach and think you're unlikely to voluntarily fix things in a satisfactory time, we'll start our enforcement process.

We always aim for compliance with planning schemes and permits. However, if we find a breach and think you're unlikely to voluntarily fix things in a reasonable time, we'll start the enforcement process.

What we do next depends on the problem and how serious it is.

Possible actions

Negotiation

We may take this action 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.

Request for compliance or official warning

We may take this action if your breach impacts on others but you have ways to resolve it.

Planning infringement notice

If your breach is more serious and you haven't shown intention to resolve it, we may issue an infringement notice. 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 Darebin Planning Scheme or committed ongoing breaches, we may apply to the Victorian Civil and Administrative Tribunal (VCAT) for an enforcement order.

Other jurisdictions

If you've seriously breached the Darebin Planning Scheme, we may refer you to the Magistrate's Court seeking prosecution for the offence.