What is an enforcement notice?
An enforcement notice is a document which tells you to take actions to remedy an offence. The notice explains the issue and provides you with the opportunity to consider your options and resolve the matter.
Council can issue an enforcement notice under section 168 of the Planning Act 2016 for a development offence.
Common issues that Council deals with are:
- carrying out assessable development without a permit
- contravening a development approval
- use of premises where the use is not a lawful use
Why have I received an enforcement notice?
Council believes that there is a planning and development issue on your property which has not been resolved.
As part of an investigation, we may have issued you with a show cause notice giving you an opportunity to provide a response in the matter. Sometimes we will issue an enforcement notice straight away if we consider it appropriate.
Council will only issue an enforcement notice if it is reasonable to do so.
Requirements of an enforcement notice
The notice will require you to either do certain things, stop doing certain things or both. Requirements may include:
- stop carrying out development
- stop a stated use of a premises
- demolish or remove the works
- restore, as far as practicable, premises to the condition the premises were in immediately before development started
- apply for a development permit.
Each requirement will have a timeframe. For example, you may need to get a development approval within 3 months.
Do I have to comply with the requirements of the notice?
Yes, we encourage people to comply with legislation. We have a responsibility to take actions to protect the health and safety of the community.
If you do not comply with the requirements of the enforcement notice, Council may:
- issue a penalty infringement notice
- initiate legal proceedings at the Magistrates Court or Planning and Environment Court, or
- carry out the required work and recover from you the cost of works pursuant to the Local Government Act 2009.
Resolving the matter
To resolve the matter, you may want to get advice from a town planning consultant, architect, solicitor or engineer. They can help you understand how long it will take and any costs.
You can also contact a Planning Officer in our Development Assessment Branch on 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 the matter is resolved before the date in the enforcement notice, please contact us to arrange an inspection, so that the matter can be finalised as soon as possible.
Appeal a notice
You may appeal an enforcement notice to the Planning and Environment Court. An appeal must be started within 20 business days after you receive the enforcement notice.
If you have concerns, we ask you to immediately raise these with the responsible Council officer. This may help you avoid a costly appeal. If you do intend to proceed with an appeal, you should get independent legal or planning advice.
Case study
Council issued an enforcement notice for the importation of 600 cubic metres of earth to a property. The quantity of earth was greater than that permitted by the Logan Planning Scheme. The notice required the owner to:
- Submit a development application for operational works, or
- Remove from the premises the imported earth and restore, as far as practicable, the premises to the condition the premises were in immediately before development started.
They had 3 months to make an informed choice and take the necessary steps. After seeking advice from a planning consultant, the owner decided that obtaining an approval would be too costly. They decided it would be easier to remove the earth from the land in accordance with the notice requirements.
After this point, Council inspected and became satisfied that the earth had been removed. No further action was necessary. As a benefit, the owner did not have the risk of unlawful development on the property, which might have deterred future purchasers.