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)

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 390

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 92

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 2

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Item: 6.1 Attachment 1: Draft Budget 2014/2015


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Item: 6.2 Attachment 1: Draft Planning and Building Enforcement Framework


Draft Planning and Building

Enforcement Framework

MARCH 2014

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2 Item: 6.2 Attachment 1: Draft Planning and Building Enforcement Framework


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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


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


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


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


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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


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:


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


Initial action:


days of being made aware of the issue where any relevant building permit has been issued by a private building surveyor.



rectify matters. Advice to ordinarily be sent within 7 days of being made aware of issue, and giving 1 month for compliance.

Official Warning


Building Notice




Building Order to demolish or bring works into compliance within 30 or 60 days



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Medium Timeframe for initial inspection: 7 days


Initial action:


days of being made aware of the issue where any relevant building permit

has been issued by a private building surveyor.



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


Planning Infringement Notice/s

Building Order to demolish or bring works into compliance within 30 or 60 days




Low Timeframe for initial inspection: 14 days


Initial action:


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


Official Warning


Building Order to demolish or bring works into compliance within 30, 60 or 90 days




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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


Buildings and works without provision of a loading bay


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


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


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


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


Subjective breach of Planning Scheme provisions or permit requirements. For example:

No proactive action required

Landscaping not maintained in accordance with endorsed plans


Removal of a minor amount of vegetation not specifically approved by a Planning Permit


Minor pruning carried out contrary to a Planning Permit or without the requisite planning permit


9.4 Use-related


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


Clause 52.30: Freeway service

centre


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


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


Structural failure to a Boarding House / Motel, including failure resulting from fire or impact


Structural failure to an apartment or associated building, including failure resulting from fire or impact


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


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


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


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


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;


High

A private tennis court and/or associated illumination;


High

Buildings and works without provision of a loading bay


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:


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;


Very high

Failure to comply with the structural requirements of a Building Permit;


Very high

Occupation of a premises prior to the issue of an Occupancy Permit


Very high

Objective breach of Planning Permit, Building Permit, Development Plan approval or Section 173 Agreement with respect to construction. For example:


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


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


High

Subjective breach of Planning Permit, Building Permit, Development Plan approval or Section 173 Agreement with respect to construction. For example:


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


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:


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)


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)


Very high

Storage of goods or conduct of works within specified Tree Protection Zone


High

Failure to provide required Tree Protection Fencing


High

Removal of a significant amount of vegetation not specifically approved by a Planning Permit


Very high

Removal of a tree previously identified as having specific aboriginal cultural significance.


Very high

Objective breach of Planning Scheme provisions or permit requirements. For example:


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


High

Unauthorised pruning of a tree affected by the ESO4 or specifically protected by the HO


Very high

Lopping carried out contrary to a Planning Permit or without the requisite planning permit


Replacement planting not installed in accordance with a planning permit for vegetation removal


High

Subjective breach of Planning Scheme provisions or permit requirements. For example:


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


High

Removal of a minor amount of vegetation not specifically approved by a Planning Permit


High

Minor pruning carried out contrary to a Planning Permit or without the requisite planning permit


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10.4 Use-related



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:


Clause 52.06: Car parking Moderate Likely High

Clause 52.11: Home occupation Minor Almost

certain

High

Clause 52.27: Consumption of liquor


High

Clause 52.28: Gaming Minor Almost

certain

High

Clause 52.34: Bicycle parking and

associated facilities


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:



premises in a residential area Moderate Almost

certain High

The provision of on-site parking Moderate

Almost

certain High


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


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


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



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



Demolition, relocation or removal of a fence affected by a Heritage Overlay without the requisite Planning Permit



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



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


Structural failure to a Boarding House / Motel, including failure

resulting from fire or impact


Structural failure to an apartment

or associated building, including


impact


Failure to install or maintain an

appropriate pool barrier

Major Almost

certain

Very high

Structural failure to a dwelling or

associated structure, including


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)



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.

banyule city council agenda 5 may 2014 (pt 2)

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