Enforcing Permits

Planning Compliance and Enforcement Issues

Planning regulations are in place to protect the urban character and amenity of the City of Stonnington. To ensure compliance with the Stonnington Planning Scheme and any approved planning permits, action may be taken with regards to breaches of these regulations.

Stonnington 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. This may involve external changes to a property, such as a demolition or extension, carried out without the required approval.
  • Non compliance with planning permit conditions - Building works that are inconsistent with the approved planning permit and/or endorsed plans. For example:  
    - window screenings that are not installed as required
    - alterations and changes to wall heights, materials and colour finishes where specified
    - removal of trees or alterations to landscaping other than those approved in the plans.
  • Illegal use - Illegal use of a property or use inconsistent with the Stonnington Planning Scheme or planning permit conditions. For example, if the conditions specify hours that a business can operate are not adhered to.
  • Changes of land use - Changes of use of land, without planning approval, where such approval is required.
  • Heritage - Works and demolition carried out to a property in a Heritage Overlay without prior planning approval.  

Options Available to Council

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

These options include:

  • the issue of an official warning
  • the issue of a Planning 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.

Brothels

From time to time we receive complaints about alleged illegal brothels. It is important to note that Council does not deal with brothels. Brothels are the responsibility of the Police to investigate.

Should you have concerns about the existence of a brothel in the City of Stonnington, please follow the steps below:

  • Contact Prahran Police by telephone on 9520 5200 or in person at 396–400 Malvern Rd, Prahran VIC, or your nearest police station. 

OR

If you need additional assistance in completing the form, please call 8290 3329 to speak to one of our planning investigations officers.

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