Development compliance

We provide a compliance service to ensure development is undertaken in accordance with approvals.  When an unauthorised development results in planning law breaches, Council may issue a notice or order.

We have dedicated staff who are authorised to issue and enforce notices and orders under the following legislation:

Unauthorised development

Council has a minimal tolerance approach to unauthorised development and any breach under the relevant acts. This approach ensures consistent and effective enforcement takes place.

When an unauthorised development results in planning law breaches, in most cases a notice is issued in the first instance. The notice gives direction of what is required to avoid legal action. You will be given the opportunity to provide reasons as to why the notice should not result in the issuing of an order. An order is a legal document that give direction of action to be undertaken to address the non-compliance. Failure to comply with the order can result in issuing of a fine (Penalty Infringement Notice) or prosecution.

Once Council issued a Penalty Infringement Notice, it must be paid. However, a review may be requested. To learn how you can appeal and for more information about fines, visit the State Debt Recovery Office website. We also recommend seeking independent legal advice.

We encourage people to ensure they undertake their land use activities with consent/approval so as not to cause nuisance or be in a breach of legislation. We also encourage all residents to talk to their neighbours about nuisance problems before contacting Council.

If you wish to report a compliance problem or request a compliance investigation, you can do so by using our Report an Issue form.

All building and development compliance requests are handled in accordance with our Privacy Policy.(PDF, 184KB)

What we manage

Building

  • Breaches of the Building Code of Australia
  • Building work outside the permitted working hours
  • Swimming pool fence compliance
  • Unauthorised/unlawful building work
  • Fire-affected, dilapidated/dangerous buildings and structures

Development

Erosion and sediment control

  • Sediment washing away from development sites into watercourses including Council's stormwater system, Lake Macquarie and its tributaries
  • Industry and community education
  • Breaches of the Protection of Environment Operations Act 1997

For more information on erosion and sediment control, see our fact sheets.

Trees

Fire safety

  • Breaches of fire safety schedule for business/commercial premises.

What we don't manage

In these situations, Council encourages residents to seek independent legal advice.