Land use show cause notice
Why have I received a show cause notice?
As a local authority, Council is responsible for investigating matters under the Planning Act 2016. During an investigation, we will examine the facts and circumstances to find out if any enforcement action is necessary.
An investigation might relate to:
- change of the use of land contrary to the planning scheme
- operational works which have been carried out without a development approval
- a breach of development approval conditions.
As part of the investigation, we issue a show cause notice to you if we believe you may be responsible for a contravention of the legislation.
The opportunity to hear your perspective is an important part of the investigation.
What is a show cause notice?
We are committed to being fair and give you the opportunity to respond, before taking any further action.
A show cause notice is a formal document which:
- sets out the basis for our understanding of the alleged offence
- invites you to respond, explaining why no enforcement action, like issuing an enforcement notice, should be taken to resolve the issue
- carries no penalty but is the first step in the enforcement process.
The legislation requires that we give you a response timeframe of 20 business days.
If there are compelling reasons why you need more time to respond, please notify us before the date in the notice so we can discuss the response timeframe.
Responding to a show cause notice
Whilst a show cause notice is an opportunity for you to respond, you are not obligated to respond.
However, it is a valuable opportunity for you to tell us what steps you intend to take to resolve the issue, or why you believe we should take no further action.
If you do not dispute that there has been a contravention of the legislation, you might choose to advise Council:
- what steps you intend to take to resolve the matter
- the timeframe for resolution.
Providing a response to a show cause notice allows us to find out whether it is reasonable to proceed with formal enforcement action (like an enforcement notice which requires particular actions) by assessing all of the information at hand. We will always consider advice of future intentions to comply, discretionary or mitigating circumstances or defences that you raise in your response to the show cause notice.
If we need clarification, we will contact you. If you prefer to have a meeting about the show cause notice, please make an appointment with the contact person in the notice.
How to resolve the matter?
To resolve the matter, you may wish to get advice from a planning consultant, solicitor or engineer. These professionals may be able to give you an understanding of the required time and costs involved, if any, to resolve the matter.
If you wish to speak with a Council Planning Officer, please contact 07 3412 5269.
Information about planning laws is available on the Department of State Development, Infrastructure and Planning.
As an example of how a matter may be easily resolved, refer to the case study
If you resolve the matter before the date shown on the show cause notice, please contact us so we can arrange an inspection and finalise the matter as soon as possible.
Confidentiality
We deal with the personal information of all parties to an investigation in a strictly confidential manner.
We will not disclose your personal details, or the details of any complainant, to any party. We will not reveal the source or details of a complaint or complainant to a third party.
You may be able to make a right to information request about the matter. However, details like the name and address of the complainant will generally not be available to an applicant under the privacy legislation.
Find out more about Information and privacy.
Case study
In October 2013, Council conducted an inspection and identified that a business, employing three staff, was operating without a development approval from a house.
Council then sent the property owner a show cause notice, stating that it believed a development offence was occurring under the Act. The notice requested a response by the end of November 2013.
The owner then attended a pre-lodgement meeting at Council, which advised the requirements of the development application and the associated costs. The owner then spoke with the Logan Office of Economic Development for assistance in growing and regularising their business.
At the end of November 2013, the owner wrote to Council confirming that they had decided to lodge a development application for material change of use to make the use lawful. Council decided not to take any enforcement action whilst the application was being assessed.
After the development approval was given in May 2014, Council closed the matter. By obtaining this approval, the property owner had increased their land value by obtaining an approval which would be attractive for future purchasers.