banyule city council agenda 5 may 2014 (pt 2)
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Item: 5.1 Attachment 1: Draft City Plan 2013-2017 (Year 2)
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Draft Planning and Building
Enforcement Framework
MARCH 2014
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1 Introduction
This Framework is used by Council to determine priorities for the enforcement of the Building
Code of Australia, Planning and Environment Act 1987 and the Banyule Planning Scheme. It will
guide:
The priority given to the investigation of complaints to the Development Planning Unit and the
Municipal Building Surveyor;
Changes to policies and procedures with respect to the granting of Planning Permits and the
conditions attached to them; and
The proactive investigation of particular sites where a Building Permit and/or Planning Permit has
been issued.
1.1 City Plan Reference
Council’s City Plan identifies that the vision of the Banyule City Council is
Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged
community.
The core principles that help us achieve our Vision are:
• Sustainability for our future
• Community wellbeing
• Community participation
• Fairness in all we do
• Maintaining our community’s trust
A number of objectives and key initiatives outlined in the City Plan relate directly to the functions of
the Development Planning Unit and the Municipal Building Surveyor.
Enforcement of the Acts and the BPS is an essential component in ensuring that Council fulfils its
statutory obligations and that the safety and wellbeing of our community is maintained.
Relevant key initiatives from the City Plan include that we will:
• Work with the Banyule community to broaden our understanding of the benefits and importance of
our urban forest, and increase our connection to them.
• Continue the work of our arborists and Council’s planning enforcement area to protect our treed
environment in private places
• Develop communication and promotion strategies for specific services, including … Development
Planning.
• Develop neighbourhood based communication methods to better explain, promote, listen and consult
on our services.
• Create corporate planning and reporting processes that show what we are doing and how we are
performing
• Deliver responsive, accessible customer service in a manner that exceeds community expectations
and meets industry best practice
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In addition, the City Plan identifies that:
We will continue to ensure we comply with the requirements of the Local Government Act and other
relevant legislation and regulations, and fulfil the duties, powers and functions of a Council. This
involves reviewing and developing support mechanisms, structures, policies and processes relating to
our good governance practices, including making and enforcing local laws.
We are committed to applying sound risk management principles and practices to protect our staff,
contractors, volunteers, community, assets and the environment. We recognise risk management as
an integral process in the planning, prioritisation and delivery of services, activities and objectives.
Council has an obligation to ensure compliance with the Building Code of Australia, the Banyule
Planning Scheme, and permits issued pursuant to them.
We will:
Proactively enforce the Building Code of Australia, the Planning and Environment Act 1987 and
the Banyule Planning Scheme;
Investigate complaints made with respect to land use and development;
Prioritise our work to ensure that more significant breaches are given higher priority (good
value for money, safety); and
Be clear with customers when their complaint is outside of the scope of our powers.
1.2 Policy objective
It is the purpose of this document to provide a framework for a risk-based assessment of
enforcement priorities, in order to:
Carry out our statutory enforcement functions;
Minimise risk to ratepayers, residents, the environment and Council; and
Reduce the level of non-compliance over time.
2 Terms
BA Building Act 1993
BCIFC Building Control Intervention Filter Criteria
BPS Banyule Planning Scheme
NCC National Construction Code
PBS Private Building Surveyor
PEA Planning and Environment Act 1987
S.173 Agreement Agreement entered into between Council and a land owner pursuant
to Section 173 of the Planning and Environment Act 1987. Ordinarily
registered on the title of the affected land.
VAGO Office of the Victorian Auditor-General
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3 Background
In November 2008 the Victorian Auditor General’s Office (VAGO) tabled a report in Parliament
titled “Enforcement of Planning Permits”. The report discussed the differing planning enforcement
regimes at the City of Hume and the City of Ballarat. Recommendations included:
Recommendation 3.1 – Hume and Ballarat should develop a documented framework for
enforcement action that sets out the enforcement rationale, objectives, priorities and intended
outcomes. This framework should indicate how it contributes to achieving the councils’ strategic
objectives.
Recommendation 3.2 – Hume and Ballarat should conduct an across-the-board risk assessment
of all permit categories to set enforcement priorities and resource allocation and to better address
their legal obligations to administer and enforce the planning scheme under the Planning and
Environment Act 1987.
Additional recommendations related to the resourcing of enforcement activities, establishing
enforcement guidelines and a complaints-handling system, as well as reviews of the enforcement area
to ensure that guidelines are being followed.
In December 2011 VAGO tabled the report “Compliance with Building Permits” in Parliament. Its
recommendations included:
Recommendation 1.6 – The Building Commission should develop and implement a strategy, in
consultation with the local government sector, to enable more effective coordination with Councils to
monitor the performance of the building permit system and of building surveyors.
Recommendation 1.7 – The Building Commission should clarify Councils’ responsibilities for
monitoring and enforcing the Building Act 1993 relating to private building surveyors in consultation
with the Department of Planning and Community Development (PDCD) and relevant stakeholders.
A Working Group was established including representation from the Building Commission, the
Department of Planning and Community Development, the Municipal Association of Victoria and the
Victorian Municipal Building Surveyors Group and a draft strategy and implementation plan prepared
to address these recommendations. This Strategy, the Building Control Intervention Filter Criteria
(BCIFC), was officially adopted by Council on 29 July 2013.
The draft strategy recommends that a Building Control Plan or enforcement policy also be
developed and adopted by Council.
This policy has been developed in direct response to the VAGO reports and the BCIFC.
3.1 Roles and functions
3.1.1 Municipal Building Surveyor
Council is required by section 212 of the Building Act 1993 (BA) to administer and enforce specified
parts of that Act and the whole of the Building Regulations ('the Regulations') within its municipal
boundaries. As with many other responsibilities, Council has the ability to determine how it will
carry out these functions having regard to competing obligations and limited resources.
The privatisation of the issue of building permits means that in practice this administration and
enforcement role encompasses:
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The issue of building permits where Council is the relevant building surveyor;
Inspecting building works where Council is the relevant building surveyor, and carrying out
necessary action where non-compliance is identified;
Enforcement action where works are undertaken without a building permit. This may include
action with respect to the change of use of a property where the new use has different
requirements under the BA or the Regulations compared with earlier land uses.
Referral of enforcement matters to the relevant building surveyor for attention where this is a
Private Building Surveyor (PBS).
The issue of emergency orders if the Municipal Building Surveyor is of the opinion that an order
is necessary because of a danger to life or property due to the condition or use or proposed use
of a building or land.
Referring a PBS to the Building Practitioners Board where appropriate.
Volume of building permits and complaints
Council issues in the order of 540 building permits within the municipality each year, with a total of
approximately 1750 building permits issued across the whole municipality each year.
The most common permit types for the 2012 calendar year were:
1. Alterations and additions to dwellings (excluding apartments),
including associated outbuildings and garages
653 permits
2. New dwellings (excluding apartments) 189 permits
3. Demolition 173 permits
4. Reblock/Underpin 163 permits
5. Commercial Buildings/Offices 114 permits
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Some types of permit are more heavily privatised than others, and the most common types of
permit issued by Council within the Banyule area for the same time period were:
1. Alterations and additions to dwellings (excluding apartments),
including associated outbuildings and garages
306 permits
2. Swimming Pool 42 permits
3. New Class 1 dwellings 33 permits
4. Commercial Buildings/Offices 22 permits
5. Demolition 20 permits
As part of its role in enforcing the Building Act Council receives approximately 19 complaints a
month to the Municipal Building Surveyor.
By comparison, the ‘top 10’ complaints/identified breaches are:
1. Construction without a permit 62 complaints
2. Drainage 43 complaints
3. Structural safety 24 complaints
4. Swimming pool 21 complaints
5. Use of land 21 complaints
6. Compliance with a permit issued by a PBS 15 complaints
7. Other 12 complaints
8. Amenity 4 complaints
9. Build over easement 4 complaints
10. Fencing 3 complaints
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Whilst these breaches were significant in number, Council investigates a smaller number of more
significant breaches in the course of its enforcement action. These breaches can be significant in
terms of their potential consequences, and for the last 12 months the most significant breaches in
terms of potential consequences or officer time are as follows:
1. Structural damage by fire: 2 instances
2. Structural damage by a vehicle: 1 instance
3. Other structural damage: 1 instance
3.1.2 Development Planning Unit
Council’s Development Planning Unit is the responsible authority for the administration and
enforcement of the Banyule Planning Scheme and the provisions of the Planning and Environment
Act 1987 within the municipality. As part of this role, the Unit:
Provides advice with respect to the provisions of the Scheme and the Act;
Assesses applications for planning permit;
Has an obligation to enforce the Banyule Planning Scheme, including permits issued pursuant to
it.
Volume of planning permits and complaints
Council receives in the order of 1400 applications for planning permit a year, with a total of
approximately 1050 planning permits issued by Council each year. As part of its role in enforcing
the PEA and BPS, Council receives approximately 30 complaints a month to the Development
Planning Unit.
The most common permit types for the 2012 calendar year were:
1. Removal of non-native vegetation 297 permits
2. Subdivision creating additional lots 145 permits
3. Multi dwellings (up to 10) 134 permits
4. Extension to dwelling 111 permits
5. Native vegetation removal 61 permits
6. Tree pruning 44 permits
7. Change or extension of use 22 permits
8. Other Buildings & works 18 permits
9. One new dwelling 16 permits
10. Extension to a building (not a dwelling) 15 permits
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By comparison, the most common planning investigations are with respect to:
1. Non-native vegetation removal 75 investigations
2. Change of use 64 investigations
3. Signage 53 investigations
4. Construction of between 2 and 10 new dwellings 48 investigations
5. Native vegetation removal 42 investigations
6. Other 19 investigations
7. Construction of one new dwelling 17 investigations
8. Minor buildings and works 14 investigations
9. Tree pruning 13 investigations
10. Construction of more than 10 new dwellings 8 investigations
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Whilst these breaches were significant in number, Council investigates a smaller number of more
significant breaches in the course of its enforcement action. These breaches can be significant in
terms of their potential consequences, and for the last 12 months the most significant breaches in
terms of potential consequences/officer time is as follows:
1. Motor vehicle storage resulting in the lodgement of an
Enforcement Order application
2 instances
2. Failure to install required landscaping, resulting in the
lodgement of an Enforcement Order application
2 instances
Implications
There are a large number of tree-related investigations, representing approximately 34% of
all planning investigations, compared with approximately 43% of all planning permits issued in
2012 relating to tree removal or pruning. This indicates that the number of investigations is
not disproportionately high.
The number of complaints received/investigations initiated in 2012 as a proportion of
planning permits given would indicate that the following are over-represented in terms of
Council’s current investigation regime:
1. Miscellaneous matters
2. The construction of one or more buildings
3. Signage
4. Change or extension of use
5. The construction of more than 10 new dwellings
The subdivision of land and construction of additions to single dwellings would appear to be
under-represented in terms of Council’s current investigation regime. Further analysis is
required to determine whether this represents a lower rate of non-compliance with respect
to this type of development or lower levels of complaints.
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This may be as a result of more significant numbers of breaches in these areas, a potential
for them to be subject of greater numbers of complaints, or through a higher level of
proactive enforcement in these areas at present.
3.1.3 Overlapping roles
Due to the nature of the building and planning regulations, there is overlap between the
enforcement sections of the Units. For example, construction conducted contrary to plans
approved by a Planning Permit would ordinarily be expected to also be contrary to the Building
Permit for the property. In the 2012 calendar year there were 33 properties which had complaints
lodged or investigations instigated through both the Development Planning Unit and the Municipal
Building Surveyor’s staff. In the majority of instances (although not in every case) the same matter
was investigated by both sections of Council. There is also overlap between the roles of the
Development Planning Unit, the Municipal Building Surveyor and Council’s Environmental Health and
Local Laws Units. This Framework will identify what is to occur when a breach is relevant to more
than one Council service unit.
4 Enforcement: A risk-based approach
Council’s Risk Management Guidelines are based on Australian Standard AS/NZS 4360:2004, and will
be used by Council to prioritise the workload of its Planning Investigations and Building Enforcement
staff. There are four steps to assess and mitigate risk, with the process to be undertaken twice
(once at the commencement of investigation and once at its conclusion). It is considered that a
residual ‘medium’ risk will be considered to be acceptable in most instances.
4.1 Step 1: Consequence
A consequence is an outcome or impact of an event, which results from the identified hazard or
potential breach.
Using the table below, we will identify the consequence/s that may reasonably be expected to occur
from an event involving the hazard identified. If we identify more than one consequence, we will use
the consequence with the greatest severity.
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TABLE 1: Risk Consequence
Consequence types
Profit Reduction
Cost to rectify Health and Safety Natural Environment
Social, Cultural &
Heritage
Community,
Reputation, Media,
Gov’t
Legal
Seve
rity
Leve
l
Cat
astr
ophic
$10m –$100m Multiple fatalities, or
significant irreversible
effects to >50
persons
Very serious, long-
term environmental
impairment of
ecosystem functions
Destruction of
structures/items of
cultural significance
- Significant
prosecution and fines.
Very serious litigation
including class
actions.
Maj
or
$1m – $10m Single fatality and/or
severe irreversible
disability (>30%) to
one or more persons
On-going serious
social issues.
Significant damage to
structures/ items of
cultural significance
Serious public or
media outcry
(international
coverage)
Major breach of
regulation. Minor
litigation.
Modera
te
$100,000 – $1m Moderate irreversible
disability or
impairment (<30%) to
one or more persons
Serious medium term
environmental effects
Significant adverse
national media/
public/ NGO
attention
Serious breach of
regulation with
investigation or
report to authority
with prosecution
and/or moderate fine
possible.
Min
or
$10,000 – $100,000 Objective but
reversible
injury/illness requiring
medical treatment
Moderate, short-term
effects but not
affecting the
ecosystem functions
On-going social
issues. Permanent
damage to items of
cultural significance
Attention from
media. Heightened
concern by local
community. Criticism
by NGOs
Minor legal issues,
non-compliances and
breaches of
regulation.
Insi
gnific
ant
Less than $10,000 First Aid only, no
medical treatment
required
Minor effects on
biological or physical
environment
Minor medium-term
social impacts on
local population.
Mostly repairable
Minor, adverse local
public or media
attention or
complaints
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4.2 Step 2: Likelihood
The Likelihood is the description of how frequently an event and resulting consequence/s are
expected to occur or may occur.
Using the table below, we will identify the highest frequency that an event may reasonably be
expected to occur.
TABLE 2: Risk Likelihood
Descriptor Description
Almost
certain
Event expected to occur in most circumstances (including most instances
where a complaint has been received).
Likely Event will probably occur in most circumstances (includes proposals that
have been identified as being within the ‘top 10’ enforcement issues for the
preceding year).
Possible Event should occur at some time (including where a complaint is received
with respect to a breach which is likely to be transitory, such as the display
of a real estate agent’s for sale sign for more than a week following sale of
a property)
Unlikely Event could occur at sometime
Rare Event may occur but only in exceptional circumstances
4.3 Step 3: Level of risk
We will use the table below to determine the Level of Risk and therefore priority for action:
TABLE 3: Level of Risk
Likelihood
Level
Consequence Severity Level
Insignificant Minor Moderate Major Catastrophic
Almost
certain Medium High High Very High Very High
Likely Medium Medium High High Very High
Possible Low Medium High High High
Unlikely Low Low Medium Medium High
Rare Low Low Medium Medium High
Where a potential or actual breach is identified that has implications for more than one
Business Unit, the Unit which has responsibility for the highest level of risk as determined by
Step 3 is to coordinate the investigation and enforcement action. This may include:
Taking immediate steps to address issues of Very High risk;
Seeking input from the Municipal Building Surveyor, Coordinator Development Planning,
Health Services Coordinator or other appropriate Senior Officers or their delegate as
to matters which require addressing and their risk ranking; and
Advising offender of the requirements of other Council departments.
4.4 Step 4: Action and review required
Following completion of action associated with an identified breach, we will review the
matter to ensure that risk is appropriately managed. Timeframes for review are as follows:
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TABLE 4: Review timeframes
Risk Level Minimum Action Required Review
Low Implementation of simple and cost effective controls if
required to maintain low level of risk
1 Year
Medium Implementation of effective controls as required to manage
risk
1 Year
High Rigorous Management attention required. Implementation
of controls to reduce the level of risk to as low as possible.
6 Months
Very High Senior Management attention required. Risk must be
eliminated or controlled to reduce level of risk.
3 Months
We recognise the need to maintain balance between time spent in review of previous
enforcement issues and investigation of current issues, however, and priority is to be given
to the investigation of new complaints where necessary.
5 Priorities for action
5.1 Identifying issues
Initial identification of a potential breach of planning or building controls may be as a result
of inspection by Council staff or of complaints received from members of the public.
Currently:
Matters potentially requiring enforcement by the Building Enforcement Officer are
identified through the receipt of written complaints from the public or advice from
other Council departments.
Building inspectors carry out mandatory inspections of building works during
construction. Inspections are conducted by Council building inspectors where Council
has issued the building permit, and by the inspectors of the relevant building surveyor
where the building permit has been issued by another party.
Matters potentially requiring enforcement by the Development Planning Section are
identified through the receipt of verbal/written complaints from the public, advice from
other Council departments or proactive inspection of sites.
Council development planning staff inspect multi-dwelling developments at completion
when:
o Requested by the developer;
o There is a history of non-compliance or complaints during the construction phase;
or
o Four or more dwellings have been constructed.
Council seeks to minimise non-compliance with the Building Code and Planning Scheme
through the provision of advice and inclusion of appropriate conditions and notes on
Planning Permits issued.
5.2 Assessing risk
Council acknowledges the importance of each potential breach of planning or building
controls brought to its attention to the member/s of the public who take the time to
contact Council to report them. However, breaches vary significantly in terms of their
urgency and impact upon people and the environment.
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Council has conducted a risk assessment of the potential breaches in planning and building
controls, having regard to the number of permits issued for various activities, the impact of
any breach, and existing measures utilised to mitigate risk. These are contained in Appendix
1 and Appendix 2 to this document.
In order to ensure that the most significant and urgent matters are afforded appropriate
attention, to provide good value for money for ratepayers, and to recognise staffing and
budgetary limitations it is necessary to prioritise enforcement tasks.
Accordingly, all complaints received and potential breaches identified will be assessed
according to the Four-Step risk-based assessment outlined in Section 4 of this Framework
prior to action by Council investigation staff. Action will then be taken in priority order as
follows:
1. Very high priority (with focus on matters with a Catastrophic severity level prior to
those of a Major severity level);
2. High priority (with focus on matters with Catastrophic and Major severity levels prior to
those with Moderate and Minor severity levels);
3. Medium priority (with focus on matters with Major and Moderate severity levels prior
to those with Minor and Insignificant priority levels);
4. Low priority issues to be dealt with as time permits.
If initial investigation to identify the risk associated with the alleged breach determines that
either there is no case to answer, or the matter is a civil dispute, Council will advise the
complainant of this fact within 7 days of receipt of the complaint.
5.3 Proactive enforcement
Based on the number of Permits issued and complaints received, Appendix 1 identifies the
following issues currently present High or Very High risk, whether or not a complaint has
been received:
TABLE 5: Residual higher risk issues
Very High Nil identified
High Construction of a:
o Commercial or industrial building; or
o Fence
without the necessary Building Permit;
Destruction or removal of:
o A tree protected by the Environmental Significance Overlay Schedule
4 or Heritage Overlay; or
o More than one tree affected by Planning Scheme controls other than
the Environmental Significance Overlay Schedule 4 (ESO4) or
specifically protected by the Heritage Overlay (HO)
Storage of goods or conduct of works within specified Tree Protection
Zone
Failure to provide required Tree Protection Fencing
Use of land:
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o For a purpose prohibited by the Planning Scheme;
o For a purpose permitted by the Planning Scheme without the requisite
Planning Permit for the use; or
o Contrary to the provisions of Clause 52.06 (Car Parking) of the
Banyule Planning Scheme.
Failure to comply with a Planning Permit for use of the premises, including
with respect to:
o Hours or patron numbers for premises in a residential area
o The provision of on-site parking
Demolition of an A or B graded building affected by a Heritage Overlay
without the requisite Planning Permit
Catastrophic breach of Building Regulations by accident or design,
including:
o Failure to comply with emergency egress requirements for a public
building
o Failure to install or maintain an appropriate pool barrier
o Structural failure of a commercial or industrial building (Including
Shop, Office and Factory)
o Structural failure to a Boarding House / Motel
o Structural failure to an apartment or associated building
Keeping of bees in a manner which does not comply with the Apiary
Code of Practice 2011 or any relevant Planning Permit
Failure to comply with building regulations for subdivided buildings
5.3.1 Current proactive measures
In an effort to reduce the number of instances where non-compliances occur, Council
currently:
Employs appropriately qualified and experienced staff to provide advice to the public,
including:
o Advising potential purchasers to review all title restrictions prior to the purchase of
a property.
o Advice as to the implications of Agreements on the use and development of
property.
o Conducts periodic information / education campaign in the Banyule Banner, outlining
the benefits of trees and providing advice about tree protection controls.
o Providing advice on the planning and building controls and permit requirements
verbally and in writing as requested.
o Provide advice with respect to the requirements of the Apiary Code and need for
bee keepers to be registered with the Department of Environment and Primary
Industries.
o Provide information, including brochures and information on Council’s website with
respect to the pool enclosure requirements.
Includes annotations on permits as relevant outlining:
o That Council’s Development Planning Arborist is to be contacted to inspect tree
protection fencing prior to the commencement of works;
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o That building approval is required for construction;
o That Health Services approval is required under the Food Act or the Health Act;
o The need to obtain approval to construct over an easement;
o That additional signage is not to be displayed;
o The need to provide an appropriate trade waste area
o The need to ensure that the proposal complies with the Building Regulations with
respect to fire rating, and with the Tobacco Act.
Seeks to inform and educate members of the public with regular interaction with the
Development Services Unit through periodic information seminars.
Utilises Planning Permit conditions which seek to be readily understood and enforced.
Inspects tree protection fencing in a timely manner when requested.
Actively encourages bee keepers to meet the requirements of the Apiary Code of
Practice.
Utilises due diligence in assessing building permit applications and conduct of mandatory
inspections during construction.
Requires the provision of certificates with respect to electrical safety, plumbing and
insulation installation prior to the issue of an occupancy permit or approval of a final inspection for works.
5.3.2 Additional proactive measures identified
Development Planning Unit
Inspections
Expand the existing inspection regime to include inspection of:
o The inspection of all sites where three or more dwellings have been constructed
prior to the issue of a Statement of Compliance for subdivision.
o Selected sites with a planning permit for alterations and additions to a single
dwelling;
o Selected sites with a planning permit for use of land within 6 months of the issue of a
planning permit.
o Selected of sites issued with a planning permit for the display of business
identification signage for a new occupier or use of land within 6 months of the issue
of a planning permit.
o The health of trees protected by the ESO4 and specific controls under the HO on a
periodic basis.
Education
Provide readily accessible links on Council’s website to:
o Council’s Building Site Code of Practice
o The Apiary Code of Practice
o The Tennis Court Code of Practice
Include advice with respect to the need to provide appropriate emergency exits and
other facilities and seek the advice of a suitably qualified and experienced building
surveyor in the covering letter sent with any Planning Permit for a change of use of a
premises.
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Conduct periodic information / education campaigns as follows:
o For owners and occupiers of properties affected by the Environmental Significance
Overlay Schedule 4, outlining the benefits of such trees and providing advice about
their management.
o In the Banyule Banner, outlining the benefits of trees and providing advice about tree
protection controls.
Consider writing to new owners of properties affected by the Heritage Overlay advising
them of the need to obtain a planning permit for buildings and works, including
demolition.
Provide training to Economic Development, Environmental Health, Asset Protection and
Building staff with respect to Planning Scheme requirements
Internal processes
Review register of Building Permits issued to identify sensitive sites where work is likely
to commence. Identify specific sites to review and inspect.
Identify ‘serial’ offenders and target for more regular monitoring.
Planning Technical Officers to assume responsibility for monitoring and enforcement
with respect to real estate signage.
Conduct a review of standard permit conditions and notes to ensure clarity and
enforceability.
Ensure that Development Planners seek the advice of the Municipal Building Surveyor
with respect to planning applications incorporating the subdivision of buildings and the
change of use of a property to a Boarding House or Place of Assembly.
Municipal Building Surveyor
Identify ‘serial’ offenders and target for more regular monitoring
Provide training to Development Planning staff with respect to:
o The implications of subdivision on BCA requirements in relation to fire rating;
o The requirement for emergency exits in certain classes of building;
o Understanding when a building permit would be required for signage and fencing.
5.4 Reactive enforcement
In addition, Appendix 2 identifies that where a complaint is received the following are
considered to be of High or Very High risk:
TABLE 6: Residual higher risk issues where complaints received
Very High Construction of a dwelling, dwelling addition or associated structure;
without the requisite building permit;
Conduct of significant site works without the requisite Planning Permit in
an area:
o where a Cultural Heritage Management Plan is required pursuant to
the Aboriginal Heritage Act; or
o affected by an Environmental Significance Overlay, Land Subject to
Inundation Overlay, Significant Landscape Overlay or Land Subject to
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Inundation Overlay
Significant breach of Planning or Building Permit with respect to
construction. For example:
o Significant increase in height;
o Significant modification of built form;
o Failure to comply with the structural requirements of a Building
Permit;
o Occupation of a premises prior to the issue of an Occupancy Permit
Objective breach of Planning or Building Permit with respect to
construction. For example:
o Construction of a dwelling, dwelling addition or associated structure
contrary to the siting requirements of the Planning or Building Permit
Significant breach of Planning Scheme provisions or permit requirements
with respect to tree removal and lopping. For example:
o Destruction or removal of a tree protected by the Environmental
Significance Overlay Schedule 4 or Heritage Overlay
o Storage of goods or conduct of works within specified Tree
Protection Zone surrounding a tree protected by the Environmental
Significance Overlay Schedule 4 (ESO4) or Heritage Overlay (HO)
o Removal of a significant amount of vegetation not specifically approved
by a Planning Permit
o Removal of a tree previously identified as having specific aboriginal
cultural significance.
Objective breach of Planning Scheme provisions or permit requirements
with respect to tree removal and lopping. For example:
o Removal of more than one tree affected by Planning Scheme controls
other than the Environmental Significance Overlay Schedule 4 (ESO4)
or specifically protected by the Heritage Overlay (HO)
Use of land for a purpose prohibited by the Planning Scheme
Use of land for Earth and Energy Resources Industry, Stone Extraction or
Extractive Industry without the requisite planning permit
Demolition of an A or B graded building affected by a Heritage Overlay
without the requisite Planning Permit
Catastrophic breach of Building Regulations by accident or design,
including:
o Failure to comply with emergency egress requirements for a public
building
o Failure to install or maintain an appropriate pool barrier
o Structural failure of a commercial or industrial building (Including
Shop, Office and Factory)
o Structural failure to a Boarding House / Motel
o Structural failure to an apartment or associated building
o Destruction of a building by fire
o Structural failure to a dwelling or associated structure
Keeping of bees in a manner which does not comply with the Apiary
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Code of Practice 2011 or any relevant Planning Permit
Failure to comply with building regulations for subdivided buildings
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High Construction of a signage without the requisite building permit
Construction of minor building and works in an area where a Cultural
Heritage Management Plan is required pursuant to the Aboriginal Heritage
Act without the necessary Planning Permit
Objective breach of Planning or Building Permit with respect to
construction. For example:
o Failure to provide or maintain screening as required by a Permit
o Landscaping not installed in accordance with approved plans for a
planning permit for use or development of land
Objective breach of Planning Scheme provisions or permit requirements.
For example:
o Unauthorised pruning of a tree affected by the Environmental
Significance Overlay Schedule 4 (ESO4) or specifically protected by
the Heritage Overlay (HO)
o Storage of goods or conduct of works within specified Tree
Protection Zone
o Failure to provide required Tree Protection Fencing
o Lopping carried out contrary to a Planning Permit or without the
requisite planning permit
o Replacement planting not installed in accordance with a planning
permit for vegetation removal
Subjective breach of Planning Scheme provisions or permit requirements.
For example:
o Landscaping not maintained in accordance with endorsed plans
o Removal of a minor amount of vegetation not specifically approved by
a Planning Permit
Use of land contrary to the specific provisions of the Banyule Planning
Scheme, including:
o Home occupation (Clause 52.11)
o Use of land for a nominated use with Adverse Amenity Potential as
detailed in Clause 52.10 of the BPS without the requisite planning
permit
o Use of the land for a Service Station contrary to Clause 52.11 of the
BPS
o Use of the land for a Car Wash contrary to Clause 52.12 of the BPS
o Use of the land for a Motor Vehicle or Caravan Sales contrary to
Clause 52.13 of the BPS
Failure to comply with a Planning Permit for use of the premises, including
with respect to hours or patron numbers for other premises in a
commercial or industrial area.
Demolition or relocation of a C or lower graded building affected by a
Heritage Overlay without the requisite Planning Permit
Display of signage contrary to planning permit/scheme within a Heritage
Overlay or Environmental Significance Overlay Schedule 1 (ESO1)
Unauthorised construction over an easement
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Unauthorised construction within the road reservation
Once an issue has been identified, means to reduce the risk of the breach include:
Seeking to reduce the impact of the breach, either by reverting to the previous (or
previously approved) use or development, or by seeking approval for the use or
development. Means of achieving this include:
o Issue of verbal or written advice of the breach and measures to be undertaken to
rectify matters;
o The issue of an Official Warning, including a requirement for specific matters to be
done to address the issue;
o The issue of a Building Infringement Notice or a Planning Infringement Notice,
including a requirement for specific matters to be done to expiate the offence;
o The issue of an Emergency Order
o The issue of a Building Order;
o Seeking an Enforcement Order or Interim Enforcement Order; and
o Seeking to have a planning permit cancelled or amended by the Victorian Civil and
Administrative Tribunal;
o Council conducting modifications to a site to rectify the matter and seeking to
recover the cost from the offender.
Reducing the likelihood of the issue recurring. Means of achieving this include those
measures outlined above, plus:
o Charge and Summons to the Magistrate’s Court;
o Referral of PBS to the Victorian Building Authority;
o Seeking an injunction to restrain a party from contravening an Enforcement Order
or Interim Enforcement order.
In undertaking enforcement action Council will have regard to the nature of the issue, the
primary objective of the action, and previous action in relation to the site or party involved.
This will include having regard to the need to escalate a matter where non-compliance is
ongoing.
Appropriate action may include:
TABLE 7: Enforcement action and escalation
Risk
Level
Very
High Timeframe for initial inspection: 24 hours
Timeframe for initial action: 7 days
Initial action:
Refer matters directly to the Relevant Building Surveyor verbally within 24
hours of being made aware of the issue where any relevant building
permit has been issued by a private building surveyor.
Where possible two officers are to inspect site.
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Verbal advice of permit requirements and works to be undertaken to rectify matters.
Written advice of permit requirements and works to be undertaken to
rectify matters. Advice to ordinarily be sent within 7 days of being made aware of issue, and giving 1 month for compliance.
Emergency Order (to be issued within 24 hours if required)
Interim Enforcement Order
Building Notice
Planning Infringement Notice
Referral of matter to Aboriginal Affairs Victoria, Heritage Victoria or the relevant land manager where appropriate
Escalated action if compliance not achieved/repeat offence:
Application for Enforcement Order
Building Order to demolish or bring works into compliance within 30 days
Further escalation if required:
Application for Enforcement Order
Charge and Summons in Magistrates’ Court
Council to conduct modifications to the site to rectify the matter and
seeking to recover the cost from the offender with respect to Planning Scheme breaches
High Timeframe for initial inspection: 7 days
Timeframe for initial action: 7 days
Initial action:
Refer matters directly to the Relevant Building Surveyor verbally within 7
days of being made aware of the issue where any relevant building permit has been issued by a private building surveyor.
Verbal advice of permit requirements and works to be undertaken to rectify matters.
Written advice of permit requirements and works to be undertaken to
rectify matters. Advice to ordinarily be sent within 7 days of being made aware of issue, and giving 1 month for compliance.
Official Warning
Planning Infringement Notice
Building Notice
Escalated action if compliance not achieved/repeat offence:
Planning Infringement Notice
Application for Enforcement Order
Building Order to demolish or bring works into compliance within 30 or 60 days
Further escalation if required:
Application for Enforcement Order
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Charge and Summons in Magistrates’ Court
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Medium Timeframe for initial inspection: 7 days
Timeframe for initial action: 14 days
Initial action:
Refer matters directly to the Relevant Building Surveyor verbally within 14
days of being made aware of the issue where any relevant building permit
has been issued by a private building surveyor.
Verbal advice of permit requirements and works to be undertaken to rectify matters.
Written advice of permit requirements and works to be undertaken to
rectify matters. Advice to ordinarily be sent within 14 days of being made
aware of issue, and giving 2 months for compliance or satisfactory response.
Official Warning
Building Notice
Escalated action if compliance not achieved/repeat offence:
Planning Infringement Notice/s
Building Order to demolish or bring works into compliance within 30 or 60 days
Further escalation if required:
Application for Enforcement Order
Charge and Summons in Magistrates’ Court
Low Timeframe for initial inspection: 14 days
Timeframe for initial action: 14 days
Initial action:
Refer matters directly to the Relevant Building Surveyor verbally within 14
days of being made aware of the issue where any relevant building permit
has been issued by a private building surveyor.
Verbal and/or written advice of permit requirements and works to be
undertaken to rectify matters. Advice to ordinarily be given within 14
days of being made aware of issue, and giving 2 months for compliance or
satisfactory response.
Building Notice
Escalated action if compliance not achieved/repeat offence:
Official Warning
Planning Infringement Notice
Building Order to demolish or bring works into compliance within 30, 60 or 90 days
Further escalation if required:
Planning Infringement Notice
Application for Enforcement Order
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6 Resourcing
6.1 Development planning unit
In assessing the performance of the Enforcement of Planning Permits at the City of Ballarat
and the Hume City Council, the Victorian Auditor General highlighted the importance of
strategically considering the resources devoted to the enforcement function and the training
of enforcement staff.
At present, Council employs one dedicated Planning Investigations Officer, with one
Development Planning Arborist having relatively significant enforcement component to their
role. The Development Planning Section initiates on average 28 investigations per month
inclusive of complaints received, with 18 investigations being closed off each month.
Potential measures to redress the imbalance may include:
Use of this document to prioritise work, with emphasis to be given to matters which
have a Medium-Very High level of risk.
Use of proactive measures to avoid non-compliance, for example identifying sites which
represent a high or very high risk and proactively contacting relevant parties early in
their occupation of the premises / construction process.
Looking closely at when an investigation is considered to be closed.
Consideration of staffing levels, and allocation of work, including:
o ‘Triaging’ of complaints received from the public by Development Planners and
Planning Technical Officers prior to referral to the Planning Investigations staff. This
would incorporate a full investigation of the background, retrieval of permit file if
applicable, determination if there is likely to be a case to answer and electronic
lodgement of the complaint.
o Consideration of outsourcing some enforcement issues (eg. Preparation for and
attendance at VCAT and Court)
o Reassessing the number of staff dedicated to enforcement;
o The potential to provide administrative support to existing enforcement staff; and
o Greater involvement of Development Planners in enforcement matters with respect
to breaches of planning permit conditions.
6.2 Municipal Building Surveyor
At present Council employs one dedicated Enforcement Officer. Council receives in the
order of 19 complaints to the Municipal Building Surveyor on a monthly basis, and 16
investigations are closed off each month. These figures would indicate that the area is
currently appropriately resourced, although this should be monitored and this document
utilised to prioritise work.
7 Evaluation and review
The effectiveness of this Framework is to be evaluated on a triennial basis, as follows:
Proportion of Permits issued where a complaint is received
Resolution of Very High importance risks/issues within 3 months (%)
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Resolution of High importance risks/issues within 6 months (%)
Resolution of Medium and Low importance risks/issues within 12 months (%)
Measure feedback from complainants regarding their level of satisfaction about key
aspects of the enforcement process, including reasons for any perceived low levels of
performance.
Proactive enforcement priorities are to be reviewed on a triennial basis, having regard to an
identification of the ‘top 10’ application types and investigation types for the preceding 3
years.
8 References
Banyule City Council, June 2013. City Plan 2013-17.
Victorian Auditor-General, November 2008. Enforcement of Planning Permits.
http://www.audit.vic.gov.au/publications/2008-09/20081113-Enforcement-of-Planning-
Permits.pdf
Victorian Auditor-General, December 2011. Compliance with Building Permits.
http://www.audit.vic.gov.au/publications/2011-12/20111207-Building-Permits/20111207-
Building-Permits.pdf
Victorian Municipal Building Surveyors Group and Hoeys Lawyers, April 2004. Municipal
Building Control Intervention Filter Criteria Guideline for Council’s Administration and
Enforcement of Parts 3,4,5,7 & 8 of the Building Act 1993 and Building Regulations 1994 in
circumstances where a private building surveyor has been appointed to carry out functions.
Victorian Obudsman, November 2007. Good Practice Guide: Guide to complaint handling
for Victorian Public Sector Agencies.
http://www.ombudsman.vic.gov.au/resources/documents/2012_microsoft_word_-
_complaint_handling_good_practice_guide_dec_2012.pdf
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9 Risk assessment with respect to sites generally
Potential consequence (enforcement-related)
Risk assessment with respect to sites generally
Proactive means of mitigating risk
Severity level
Likelihood Risk
9.1 Construction without a permit
Construction of: Continue to provide advice as to the relevant building controls and permit requirements.
Train planning staff to understand when a building permit would be required for signage or fencing, and include advice in covering letter.
A commercial or industrial building;
Catastrophic Rare High
A dwelling, dwelling addition or associated structure;
Major Rare Medium
A fence without the necessary Building Permit;
Major Unlikely Medium
Signage; or Moderate Rare Medium
Conduct of reblocking or underpinning works
Minor Rare Low
without the requisite building permit
Conduct of significant site works without the requisite Planning Permit in an area:
Continue to provide advice as to the relevant planning controls and permit requirements.
Train staff to ask questions with respect to any site works to be conducted when answering queries with respect to planning controls.
where a Cultural Heritage Management Plan is required pursuant to the Aboriginal Heritage Act; or
Major Rare Medium
affected by an Environmental Significance Overlay, Land Subject to Inundation Overlay, Significant Landscape Overlay or Land Subject to Inundation Overlay
Major Rare Medium
Construction of: Continue to:
o Provide advice as to the relevant planning controls and permit requirements;
o Ensure that all applications for new vehicular crossings on land abutting a main road or main road reservation are refused unless a planning permit has been obtained.
Make the Tennis Court Code of practice available on Council’s website
Ensure staff have regard to the Particular Provisions of the BPS when assessing applications for buildings and works.
A vehicular crossing or modification to a crossing on land adjacent to a Road Zone Category 1;
Moderate Unlikely Medium
A telecommunications facility Moderate Rare Medium
Minor building and works in an area where a Cultural Heritage Management Plan is required pursuant to the Aboriginal Heritage Act;
Moderate Rare Medium
A private tennis court and/or associated illumination
Moderate Rare Medium
Buildings and works without provision of a loading bay
Moderate Rare Medium
A fence; Insignificant Unlikely Low
A satellite dish Insignificant Rare Low
without the necessary Planning Permit
Conduct of minor site works without the requisite Planning Permit in an area where a Cultural Heritage Management Plan is not required pursuant to the Aboriginal Heritage Act.
Insignificant Rare Low Continue to provide advice as to the relevant planning controls and permit requirements.
Train staff to ask questions with respect to any site works to be conducted when answering queries with respect to planning controls.
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9.2 Failure to comply with a permit for construction
Significant breach of Planning Permit, Building Permit, Development Plan Approval or Section 173 Agreement with respect to construction. For example:
Continue to:
Require the submission of landscape and engineering plans prior to the endorsement of architectural plans and elevations under a Planning Permit;
Exercise due diligence in ensuring that plans approved with respect to a Building Permit correspond to those approved with respect to any relevant Planning Permit;
Exercise due diligence in ensuring that appropriate levels of information are provided on plans approved with respect to Planning and Building Permits; and
Conduct mandatory inspections as required by the Building Act with due diligence.
Require the provision of certificates with respect to electrical safety, plumbing and insulation installation prior to the issue of an occupancy permit or approval of a final inspection for works.
Inspect selected sites prior to the issue of a Statement of Compliance for subdivision.
Require the owner of land to enter into a Section 173 Agreement with Council if subdividing prior to construction.
Significant increase in height; Major Unlikely Medium
Significant modification of built form;
Major Unlikely Medium
Failure to comply with the structural requirements of a Building Permit;
Major Rare Medium
Occupation of a premises prior to the issue of an Occupancy Permit
Major Rare Medium
Objective breach of Planning Permit, Building Permit, Development Plan Approval or Section 173 Agreement with respect to construction. For example:
Continue to:
Require the submission of landscape and engineering plans prior to the endorsement of building plans and elevations under a Planning Permit;
Inspect selected sites prior to the issue of a Statement of Compliance for subdivision.
Require the owner of land to enter into a Section 173 Agreement with Council if subdividing prior to construction.
Conduct mandatory building inspections with due diligence.
Require the provision of certificates with respect to electrical safety, plumbing and insulation installation prior to the issue of an occupancy permit or approval of a final inspection for works.
Require the submission of landscape plans for approval along with other requirements prior to the commencement of development;
Seek to ensure that the need for ‘add-on’ screening measures is restricted by the use of dwelling design to restrict overlooking.
Construction of a dwelling,
dwelling addition or associated
structure contrary to the siting
requirements of the Planning or
Building Permit
Moderate Rare Medium
Failure to provide or maintain screening as required by a Permit
Minor Possible Medium
Landscaping not installed in accordance with approved plans
for a planning permit for use or
development of land
Minor Likely Medium
Failure to provide or maintain specific Environmentally
Sustainable Design or Liveability
measures
Minor Likely Medium
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Subjective breach of Planning Permit, Building Permit, Development Plan
Approval or Section 173 Agreement
with respect to construction. For
example:
Continue to:
Require the submission of landscape and
engineering plans prior to the
endorsement of building plans and
elevations under a Planning Permit;
Inspect selected sites prior to the issue of
a Statement of Compliance for
subdivision;
Require the owner of land to enter into a Section 173 Agreement with Council if
subdividing prior to construction.
Conduct mandatory inspections with due
diligence
Require the provision of certificates with
respect to electrical safety, plumbing and
insulation installation prior to the issue of
an occupancy permit or approval of a final
inspection for works.
Variation to approved colours or minor variation to approved
materials other than within a
heritage area
Insignificant Possible Low
Construction contrary to the
aesthetic requirements of the
Building Permit
Insignificant Rare Low
9.3 Tree-related
Significant breach of Planning Scheme provisions or permit requirements.
For example:
Continue to conduct periodic information / education campaign in the
Banyule Banner, outlining the benefits of
trees, providing advice about tree
protection controls and the importance
of utilising the services of qualified
arborists.
Continue to emphasise the importance of using an appropriately qualified arborist
to conduct tree pruning and removal.
Request advice of when works are to
occur when issuing Planning Permits for works on lots containing trees identified
as being individually significant by the
ESO4, HO, or as a result of having
specific aboriginal cultural significance.
Conduct periodic inspections of sites
greater than 0.4ha and known to contain
significant amounts of native vegetation
protected by Clause 52.17 of the Banyule
Planning Scheme where works are known
to be planned.
Conduct periodic inspections of sites
affected by the ESO4, HO, or containing
culturally significant trees where works
are known to be planned.
Continue to require applicants to seek inspection of required Tree Protection
Fencing prior to the commencement of
works.
Destruction or removal of a tree protected by the Environmental
Significance Overlay Schedule 4
(ESO4) or Heritage Overlay (HO)
Catastrophic Possible High
Storage of goods or conduct of
works within specified Tree
Protection Zone surrounding a tree protected by the
Environmental Significance
Overlay Schedule 4 (ESO4) or
Heritage Overlay (HO)
Major Possible High
Storage of goods or conduct of
works within specified Tree
Protection Zone
Moderate Likely High
Failure to provide required Tree
Protection Fencing
Moderate Likely High
Removal of a significant amount of vegetation not specifically
approved by a Planning Permit
Major Rare Medium
Removal of a tree previously identified as having specific
aboriginal cultural significance.
Major Rare Medium
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Objective breach of Planning Scheme provisions or permit requirements. For example:
Continue to conduct periodic
information / education campaign in the Banyule Banner, outlining the benefits of trees, providing advice about tree protection controls and the importance of utilising the services of qualified arborists.
Continue to emphasise the importance of using an appropriately qualified arborist to conduct tree pruning and removal.
Institute an inspection regime to ensure replacement planting is installed.
Removal of more than one tree affected by Planning Scheme controls other than the ESO4 or specifically protected by the HO
Moderate Likely High
Unauthorised pruning of a tree affected by the ESO4 or specifically protected by the HO
Major Rare Medium
Lopping carried out contrary to a Planning Permit or without the requisite planning permit
Moderate Unlikely Medium
Replacement planting not installed in accordance with a planning permit for vegetation removal
Minor Possible Medium
Subjective breach of Planning Scheme provisions or permit requirements. For example:
No proactive action required
Landscaping not maintained in accordance with endorsed plans
Minor Possible Medium
Removal of a minor amount of vegetation not specifically approved by a Planning Permit
Minor Possible Medium
Minor pruning carried out contrary to a Planning Permit or without the requisite planning permit
Insignificant Possible Low
9.4 Use-related
Use of land for a purpose prohibited by the Planning Scheme
Major Possible High Continue to:
o Make qualified and experienced Development Planning staff available to answer queries as required;
o Provide advice on permit requirements verbally and in writing as requested.
Review the stated existing use of the land on planning permit applications for Buildings and Works.
Use of land for a purpose permitted by the Planning Scheme without the requisite Planning Permit for the use
Moderate Possible High Continue to:
o Make qualified and experienced Development Planning staff available to answer queries as required;
o Provide advice on permit requirements verbally and in writing as requested.
Review the stated existing use of the land on planning permit applications for Buildings and Works.
Provide training to Economic Development, Environmental Health and Building staff with respect to Planning Scheme requirements
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Use of land contrary to the specific
provisions of the Banyule Planning
Scheme, including:
Continue to:
o Make qualified and experienced Development Planning staff available
to answer queries as required;
o Provide advice on permit requirements verbally and in writing
as requested.
Provide information with respect to the home occupation requirements on
Council’s website, with a link from the
Banyule Business website.
Provide training to Economic
Development, Health and Building staff
with respect to Planning Scheme requirements
Clause 52.06: Car parking Moderate Possible High
Clause 52.11: Home occupation Minor Unlikely Low
Clause 52.27: Consumption of liquor
Minor Unlikely Low
Clause 52.28: Gaming Minor Unlikely Low
Clause 52.34: Bicycle parking and
associated facilities
Insignificant Possible Low
Clause 52.30: Freeway service
centre
Insignificant Possible Low
Failure to comply with a Planning Permit for use of the premises,
including with respect to:
Continue to:
o Make qualified and experienced Development Planning staff available
to answer queries as required;
o Provide advice on permit
requirements verbally and in writing
as requested.
Provide information with respect to the
home occupation requirements on
Council’s website, with a link from the
Banyule Business website.
Provide training to Economic Development, Health and Building staff
with respect to Planning Scheme
requirements
Hours or patron numbers for premises in a residential area
Moderate Possible High
The provision of on-site parking Moderate Unlikely High
Hours or patron numbers for
other premises in a commercial
or industrial area
Minor Possible Medium
9.5 Demolition-related
Demolition, relocation or removal of
an A or B graded building affected by a
Heritage Overlay without the requisite
Planning Permit
Catastrophic Rare High Continue to provide advice as to the
relevant planning controls and their
implications for demolition.
Consider writing to new owners of
properties affected by the Heritage
Overlay advising them of the need to
obtain a planning permit for buildings and
works, including demolition.
Demolition, relocation or removal of a C or lower graded building affected by
a Heritage Overlay without the
requisite Planning Permit.
Moderate Rare Medium Continue to provide advice as to the relevant planning controls and their
implications for demolition.
Consider writing to new owners of properties affected by the Heritage
Overlay advising them of the need to
obtain a planning permit for buildings and
works, including demolition.
Demolition, relocation or removal of a
post box constructed before 1930
Moderate Rare Medium No proactive action required – Council is not
aware of any post boxes constructed before
1930 within the Municipal area.
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Demolition, relocation or removal of a fence affected by a Heritage Overlay without the requisite Planning Permit
Minor Rare Low Continue to provide advice as to the relevant planning controls and their implications for demolition.
Consider writing to new owners of properties affected by the Heritage Overlay advising them of the need to obtain a planning permit for buildings and works, including demolition.
Demolition, relocation or removal of an unlisted building affected by a Heritage Overlay without the requisite Planning Permit
Minor Rare Low Continue to provide advice as to the relevant planning controls and their implications for demolition.
Consider writing to new owners of properties affected by the Heritage Overlay advising them of the need to obtain a planning permit for buildings and works, including demolition.
Demolition, relocation or removal of a building without the requisite Building Permit
Insignificant Rare Low Continue to provide advice as to the relevant building controls and permit requirements.
9.6 Safety-related
Catastrophic breach of Building Regulations, including:
Provide training to Development Planning staff on the requirement for emergency exits in certain classes of building.
Include annotations on permits for use of the land highlighting that the plans have not been assessed against the provisions of the Building Code and additional works or modifications may be required to achieve compliance with the Code.
Continue to:
o Provide information, including brochures and information on Council’s website with respect to the pool enclosure requirements
o Utilise due diligence in assessing building permit applications and conduct of mandatory inspections during construction.
Failure to comply with emergency egress requirements for a public building
Catastrophic Unlikely High
Structural failure of a commercial or industrial building (eg. Shop, Office and Factory), including failure resulting from fire or impact
Catastrophic Rare High
Structural failure to a Boarding House / Motel, including failure resulting from fire or impact
Catastrophic Rare High
Structural failure to an apartment or associated building, including failure resulting from fire or impact
Catastrophic Rare High
Failure to install or maintain an appropriate pool barrier
Major Possible High
Structural failure to a dwelling or associated structure, including failure resulting from fire or impact
Major Rare Medium
Keeping of bees in a manner which does not comply with the Apiary Code of Practice 2011 or any relevant Planning Permit
Catastrophic Possible High Continue to:
o Provide advice with respect to the requirements of the Code and need for bee keepers to be registered with the Department of Primary Industries.
o Actively encourage bee keepers to meet the requirements of the Code of Practice.
Make the Apiary Code of practice available on Council’s website
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9.7 Signage-related
Display of signage contrary to planning permit/Scheme within a Heritage Overlay (HO) or Environmental Significance Overlay Schedule 1 (ESO1)
Minor Possible Medium Continue to provide advice as to the relevant planning controls and permit requirements.
Display of signage contrary to planning permit/Scheme on land not affected by the HO or ESO1
Insignificant Possible Low Continue to provide advice as to the relevant planning controls and permit requirements.
Display of specific temporary signage without a planning permit in excess of the time specified in Clause 52.06 (includes the display of real estate signage more than one week following sale of property)
Insignificant Likely Low Continue to provide advice as to the relevant planning controls and permit requirements.
9.8 Subdivision/restriction-related
Failure to comply with building regulations for subdivided buildings
Catastrophic Possible High Provide planning staff with training with respect to the implications of subdivision on BCA requirements in relation to fire rating.
Advice of the Municipal Building Surveyor to be sought with respect to planning applications incorporating the subdivision of buildings.
Advice with respect to the need to provide appropriate fire rating and seek the advice of a suitably qualified and experienced building surveyor to be contained in the covering letter sent with any Planning Permit for subdivision where the proposed boundaries may result in non-compliance with the BCA fire rating requirements.
Failure to comply with Section 173 Agreement requirements
Moderate Likely High Continue to:
Advise potential purchasers to review all title restrictions prior to the purchase of a property.
Provide advice as to the implications of Agreements on the use and development of property.
Unauthorised construction over an easement
Minor Unlikely Low Continue to:
Advise customers of the need to obtain separate approval from both Council and any other relevant authority for construction over an easement.
Refer applications for planning permit incorporating construction over an easement to Council’s Developments Engineers;
Include notes on Planning Permits outlining the requirement to obtain separate approval for construction over any easement;
Exercise due diligence in the issue of Building Permits
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Unauthorised construction requiring a
building permit within the road
reservation
Minor Rare Low Continue to exercise due diligence in ensuring
that plans submitted for Building or Planning
approval do not incorporate construction external to the site.
Unauthorised construction not
requiring a building permit within the
road reservation
Minor Rare Low This matter is addressed by Council’s Asset
Protection Supervisor.
Easement variation Minor Rare Low Continue to use due diligence in comparing
plans submitted for Certification with existing
Title requirements and plans approved pursuant to Planning Permits.
Failure to comply with approved
subdivision layout plans
Minor Rare Low No proactive action required
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10 Risk assessment with respect to sites where a complaint has been received
Potential consequence (enforcement-related)
Risk assessment where a complaint has been received Initial reactive enforcement measures
where breach identified* Severity level
Likelihood Risk
10.1 Construction without a permit
Construction of: Refer to Table 7 for general measures and escalation.
Council Building Inspector to inspect site within 7 days of being made aware of issue.
Issue a Building Notice within 14 days of being made aware of issue, requiring 1 month for lodgement of specified information.
A commercial or industrial building;
Catastrophic Almost certain
Very high
A dwelling, dwelling addition or associated structure;
Major Almost certain
Very high
A fence without the necessary Building Permit;
Moderate Almost certain
High
Signage; or Moderate Possible High
Conduct of reblocking or underpinning works
Minor Likely Medium
without the requisite building permit
Conduct of significant site works without the requisite Planning Permit in an area:
Refer to Table 7 for general measures and escalation.
where a Cultural Heritage Management Plan is required pursuant to the Aboriginal Heritage Act; or
Major Almost certain
Very high
affected by a Design and Development Overlay, Environmental Significance Overlay, Land Subject to Inundation Overlay, Significant Landscape Overlay or Land Subject to Inundation Overlay
Major Almost certain
Very high
Construction of: Refer to Table 7 for general measures and escalation.
A vehicular crossing or
modification to a crossing on land adjacent to a Road Zone Category 1
Moderate Almost certain
High
A telecommunications facility Moderate Almost certain
High
Minor building and works in an area where a Cultural Heritage Management Plan is required pursuant to the Aboriginal Heritage Act;
Moderate Almost certain
High
A private tennis court and/or associated illumination;
Moderate Almost certain
High
Buildings and works without provision of a loading bay
Moderate Almost certain
High
A fence; Insignificant Almost certain
Medium
A satellite dish Insignificant Almost certain
Medium
without the necessary Planning Permit
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Conduct of minor site works without the requisite Planning Permit in an area where a Cultural Heritage Management Plan is not required pursuant to the Aboriginal Heritage Act.
Insignificant Almost certain
Medium Refer to Table 7 for general measures and escalation.
10.2 Failure to comply with a permit for construction
Significant breach of Planning Permit, Building Permit, Development Plan approval or Section 173 Agreement with respect to construction. For example:
Refer to Table 7 for general measures and escalation.
Specific measures:
Refer matters directly to the Relevant Building Surveyor in writing within 24 hours of being made aware of the issue where the building permit has been issued by a private building surveyor.
Planning Investigations Officer to attend sites within 24 hours where a complaint is made with respect to the height or layout of building works where Council is not the relevant building surveyor and a planning permit is required.
Council Building Inspector to inspect site within 24 hours where Council is the relevant building surveyor.
Significant increase in height; Major Almost certain
Very high
Significant modification of built form;
Major Almost certain
Very high
Failure to comply with the structural requirements of a Building Permit;
Major Almost certain
Very high
Occupation of a premises prior to the issue of an Occupancy Permit
Major Almost certain
Very high
Objective breach of Planning Permit, Building Permit, Development Plan approval or Section 173 Agreement with respect to construction. For example:
Refer to Table 7 for general measures and escalation.
Specific measures:
Refer matters directly to the Relevant Building Surveyor in writing within 7 days of being made aware of the issue where the building permit has been issued by a private building surveyor.
Planning Investigations Officer to attend sites within 7 days where a complaint is made with respect to the height or layout of building works where Council is not the relevant building surveyor and a planning permit is required.
Council Building Inspector to inspect site within 7 days where Council is the relevant building surveyor.
Construction of a dwelling, dwelling addition or associated structure contrary to the siting requirements of the Planning or Building Permit
Moderate Almost certain
Very high
Failure to provide or maintain screening as required by a Permit
Minor Almost certain
High
Landscaping not installed in accordance with approved plans for a planning permit for use or development of land
Minor Almost certain
High
Subjective breach of Planning Permit, Building Permit, Development Plan approval or Section 173 Agreement with respect to construction. For example:
Refer to Table 7 for general measures and escalation.
Specific measures:
Refer matters directly to the Relevant Building Surveyor verbally within 14 days of being made aware of the issue where the building permit has been issued by a private building surveyor.
Council Building Inspector to inspect site within 14 days where Council is the relevant building surveyor.
Variation to approved colours or minor variation to approved materials other than within a heritage area
Insignificant Almost certain
Medium
Construction contrary to the aesthetic requirements of the Building Permit
Insignificant Likely Medium
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10.3 Tree-related
Significant breach of Planning Scheme provisions or permit requirements. For example:
Refer to Table 7 for general measures and escalation.
Specific measures:
Council Development Planning Arborist to attend the site. Where possible a second officer is to be present.
Arrange for provision of independent evidence where Tribunal or Court action anticipated.
Destruction or removal of a tree protected by the Environmental Significance Overlay Schedule 4 (ESO4) or Heritage Overlay (HO)
Catastrophic Almost certain
Very high
Storage of goods or conduct of works within specified Tree Protection Zone surrounding a tree protected by the Environmental Significance Overlay Schedule 4 (ESO4) or Heritage Overlay (HO)
Major Almost certain
Very high
Storage of goods or conduct of works within specified Tree Protection Zone
Moderate Almost certain
High
Failure to provide required Tree Protection Fencing
Moderate Almost certain
High
Removal of a significant amount of vegetation not specifically approved by a Planning Permit
Major Almost certain
Very high
Removal of a tree previously identified as having specific aboriginal cultural significance.
Major Almost certain
Very high
Objective breach of Planning Scheme provisions or permit requirements. For example:
Refer to Table 7 for general measures and escalation.
Specific measures:
Council Development Planning Arborist to attend the site. Where possible a second officer is to be present.
Arrange for provision of independent evidence where Tribunal or Court action anticipated.
Removal of more than one tree affected by Planning Scheme controls other than the ESO4 or specifically protected by the HO
Moderate Almost certain
High
Unauthorised pruning of a tree affected by the ESO4 or specifically protected by the HO
Major Almost certain
Very high
Lopping carried out contrary to a Planning Permit or without the requisite planning permit
Moderate Likely High
Replacement planting not installed in accordance with a planning permit for vegetation removal
Minor Almost certain
High
Subjective breach of Planning Scheme provisions or permit requirements. For example:
Refer to Table 7 for general measures and escalation.
Specific measures:
Council Development Planner or Development Planning Arborist to attend the site within 14 days of being made aware of the issue.
Landscaping not maintained in accordance with endorsed plans
Minor Almost certain
High
Removal of a minor amount of vegetation not specifically approved by a Planning Permit
Minor Almost certain
High
Minor pruning carried out contrary to a Planning Permit or without the requisite planning permit
Insignificant Likely Medium
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10.4 Use-related
Use of land for a purpose prohibited by the Planning Scheme
Major Almost certain
Very high Refer to Table 7 for general measures and escalation.
Specific measures:
Council Planning Investigations Officer to
conduct an inspection of the site within 7
days accompanied by a Development
Planner, the Building Enforcement Officer
or an Environmental Health Officer as
relevant.
Use of land for a purpose permitted by the Planning Scheme without the
requisite Planning Permit for the use
Moderate Likely High Refer to Table 7 for general measures and escalation.
Specific measures:
Council Planning Investigations Officer to
conduct an inspection of the site within
14 days accompanied by a Development
Planner, the Building Enforcement Officer
or an Environmental Health Officer as
relevant.
Use of land contrary to the specific provisions of the Banyule Planning
Scheme, including:
Refer to Table 7 for general measures and escalation.
Clause 52.06: Car parking Moderate Likely High
Clause 52.11: Home occupation Minor Almost
certain
High
Clause 52.27: Consumption of liquor
Minor Almost certain
High
Clause 52.28: Gaming Minor Almost
certain
High
Clause 52.34: Bicycle parking and
associated facilities
Insignificant Likely Medium
Clause 52.30: Freeway service
centre
Insignificant Almost
certain
Medium
Failure to comply with a Planning Permit for use of the premises,
including with respect to:
Refer to Table 7 for general measures and escalation.
Hours or patron numbers for
premises in a residential area Moderate Almost
certain High
The provision of on-site parking Moderate
Almost
certain High
Hours or patron numbers for
other premises in a commercial
or industrial area Minor
Almost
certain High
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10.5 Demolition-related
Demolition, relocation or removal of an A or B graded building affected by a Heritage Overlay without the requisite Planning Permit
Catastrophic Almost certain
Very high Refer to Table 7 for general measures and escalation.
Specific measures:
Planning Enforcement officer, in consultation with the Coordinator Development Planning and Manager Development Services to seek an Interim Enforcement Order to have works cease immediately.
Issue an Emergency Order to have the site made safe if necessary.
Council to refer the Relevant Building Surveyor to the Victorian Building Authority if a building permit has been issued without or contrary to Council’s advice.
Seek cancellation of the building permit.
Demolition, relocation or removal of a C or lower graded building affected by a Heritage Overlay without the requisite Planning Permit
Moderate Almost certain
High Refer to Table 7 for general measures and escalation.
Specific measures:
Planning Enforcement officer, in consultation with the Coordinator Development Planning and Manager Development Services to seek an Interim Enforcement Order to have works cease immediately.
Issue an Emergency Order to have the site made safe if necessary.
Council to refer the Relevant Building Surveyor to the Building Practitioners Board if a building permit has been issued without or contrary to Council’s advice.
Seek cancellation of the building permit
Demolition, relocation or removal of a post box constructed before 1930
Moderate Almost certain
High Refer to Table 7 for general measures and escalation.
Specific measures:
Planning Investigations Officer to attend site, with the Asset Protection Supervisor where possible, immediately to document nature of post box and verbally seek a stop to works.
Demolition, relocation or removal of a building without the requisite Building Permit
Insignificant Almost certain
Medium Refer to Table 7 for general measures and escalation.
Demolition, relocation or removal of a fence affected by a Heritage Overlay without the requisite Planning Permit
Minor Almost certain
Medium Refer to Table 7 for general measures and escalation.
Specific measures:
Planning Investigations Officer to attend site within 24 hours to document nature of original fence and verbally seek a stop to works.
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Demolition, relocation or removal of an unlisted building affected by a
Heritage Overlay without the requisite
Planning Permit
Minor Almost certain
Medium Refer to Table 7 for general measures and escalation.
Specific measures:
Issue an Emergency Order to have the
site made safe if necessary.
Council to refer the Relevant Building Surveyor to the Building Practitioners
Board if a building permit has been issued
without or contrary to Council’s advice.
Seek cancellation of the building permit
10.6 Safety-related
Catastrophic breach of Building
Regulations, including:
Refer to Table 7 for general measures and
escalation.
Failure to comply with emergency egress requirements for a public
building
Catastrophic Likely Very high
Structural failure of a commercial or industrial building (eg. Shop,
Office and Factory), including
failure resulting from fire or
impact
Catastrophic Likely Very high
Structural failure to a Boarding House / Motel, including failure
resulting from fire or impact
Catastrophic Likely Very high
Structural failure to an apartment
or associated building, including
failure resulting from fire or
impact
Catastrophic Likely Very high
Failure to install or maintain an
appropriate pool barrier
Major Almost
certain
Very high
Structural failure to a dwelling or
associated structure, including
failure resulting from fire or
impact
Major Almost
certain
Very high
Keeping of bees in a manner which does not comply with the Apiary Code
of Practice 2011 or any relevant
Planning Permit
Catastrophic Likely Very high Refer to Table 7 for general measures and escalation.
Bee swarms to be addressed by Council’s
Health Unit, with supplementary advice and
support by the Planning Investigation Officer, Planning Technical Officers or Development
Planners.
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10.7 Signage-related
Display of signage contrary to planning permit/scheme within a Heritage
Overlay or Environmental Significance
Overlay Schedule 1 (ESO1)
Minor Almost certain
High Refer to Table 7 for general measures and escalation.
Display of signage contrary to planning
permit/scheme on land not affected by
the Heritage Overlay or ESO1
Insignificant Almost
certain
Medium Refer to Table 7 for general measures and
escalation.
Display of specific temporary signage
without a planning permit in excess of
the time specified in Clause 52.06
(includes the display of real estate
signage more than one week following
sale of property)
Insignificant Likely Low Refer to Table 7 for general measures and
escalation.
Specific measures:
Upon receipt of a complaint a Planning
Technical Officer is to advise the officer
in effective control of the relevant Real
Estate Agent office by facsimile or email
within 14 days seeking the removal of the
sign within a further 14 days.
10.8 Subdivision/restriction-related
Failure to comply with building
regulations for subdivided buildings
Catastrophic Likely Very high Refer to Table 7 for general measures and
escalation.
Failure to comply with Section 173
Agreement requirements
Moderate Likely High Refer to Table 7 for general measures and
escalation.
Specific measures:
Refer to action above with respect to
Significant, Objective and Subjective
breaches of planning permit provisions.
Unauthorised construction over an
easement
Minor Almost
certain
High Refer to Table 7 for general measures and
escalation.
Unauthorised construction requiring a
building permit within the road
reservation
Minor Almost
certain
High Refer to Table 7 for general measures and
escalation.
Unauthorised construction not
requiring a building permit within the
road reservation
Minor Almost
certain
High This matter is addressed by Council’s Asset
Protection Supervisor.
Easement variation Minor Likely Medium Refer to Table 7 for general measures and
escalation.
Specific measures:
Refer to action above with respect to Significant, Objective and Subjective
breaches of planning permit provisions.
Failure to comply with approved
subdivision layout plans
Minor Rare Low Refer to Table 7 for general measures and
escalation.
top related