Unauthorised development

When an unauthorised development results in planning law breaches, Council may issue a notice or order.

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 gives direction of action to be undertaken to address the non-compliance.  Failure to comply with the order can result in the issuing of a Penalty Infringement Notice or prosecution.

Penalty Infringement Notice

Council may issue the property owner or occupier with a fine known as a Penalty Infringement Notice (PIN).

A PIN may be issued for certain offences instead of initiating prosecution proceedings in the Local Court or the Land and Environment Court.

Appealing the Penalty Infringement Notice

Once Council issues a PIN, 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.

Page last updated: 07 June 2016