Banyule City Council Agenda 5 May 2014 (pt 2) by Banyule City Council

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 599

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 613

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 625

Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 633

Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 636

Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 647

Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 655

Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 667

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 681

Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 683

Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 689

Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 691

Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 701

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 703

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 707

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 713

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Attachment 1: Draft Budget 2014/2015

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Attachment 1

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 727

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 728

Attachment 1: Draft Budget 2014/2015

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ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 729

Attachment 1

6.1

Item: 6.1

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Attachment 1: Draft Budget 2014/2015

6.1

Attachment 1: Draft Budget 2014/2015

Attachment 1

Item: 6.1

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Attachment 1

6.1

Item: 6.1

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Attachment 1: Draft Budget 2014/2015

6.1

Attachment 1: Draft Budget 2014/2015

Attachment 1

Item: 6.1

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Attachment 1

6.1

Item: 6.1

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Attachment 1: Draft Budget 2014/2015

6.1

Attachment 1: Draft Budget 2014/2015

Attachment 1

Item: 6.1

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Attachment 1

6.1

Item: 6.1

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Attachment 1: Draft Budget 2014/2015

6.1

Attachment 1: Draft Budget 2014/2015

Attachment 1

Item: 6.1

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Attachment 1

6.1

Item: 6.1

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Attachment 1: Draft Budget 2014/2015

6.1

Attachment 1: Draft Budget 2014/2015

Attachment 1

Item: 6.1

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Attachment 1

6.1

Item: 6.1

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Attachment 1: Draft Budget 2014/2015

6.2

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

Item: 6.2

Draft Planning and Building Enforcement Framework MARCH 2014

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Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

6.2

Item: 6.2

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Item: 6.2

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;

6.2

Attachment 1: Draft Planning and Building Enforcement Framework

 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.

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

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 743

Attachment 1

1.1

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

6.2

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.

Attachment 1

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.

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

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 744

Item: 6.2

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.

6.2

Attachment 1: Draft Planning and Building Enforcement Framework

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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Attachment 1

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.

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

6.2

 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.

Attachment 1

 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

New dwellings (excluding apartments)

189 permits

Demolition

173 permits

Reblock/Underpin

163 permits

Commercial Buildings/Offices

114 permits

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Attachment 1: Draft Planning and Building Enforcement Framework

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

Swimming Pool

42 permits

New Class 1 dwellings

33 permits

Commercial Buildings/Offices

22 permits

Demolition

20 permits

6.2

Item: 6.2

By comparison, the â&#x20AC;&#x2DC;top 10â&#x20AC;&#x2122; complaints/identified breaches are: 1.

Construction without a permit

62 complaints

Drainage

43 complaints

Structural safety

24 complaints

Swimming pool

21 complaints

Use of land

21 complaints

Compliance with a permit issued by a PBS

15 complaints

Other

12 complaints

Amenity

4 complaints

Build over easement

4 complaints

10.

Fencing

3 complaints

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Attachment 1

As part of its role in enforcing the Building Act Council receives approximately 19 complaints a month to the Municipal Building Surveyor.

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

6.2

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:

3.1.2

Structural damage by fire:

2 instances

Structural damage by a vehicle:

1 instance

Other structural damage:

1 instance

Development Planning Unit

Attachment 1

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

Subdivision creating additional lots

145 permits

Multi dwellings (up to 10)

134 permits

Extension to dwelling

111 permits

Native vegetation removal

61 permits

Tree pruning

44 permits

Change or extension of use

22 permits

Other Buildings & works

18 permits

One new dwelling

16 permits

10.

Extension to a building (not a dwelling)

15 permits

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Attachment 1: Draft Planning and Building Enforcement Framework

By comparison, the most common planning investigations are with respect to: 1.

Non-native vegetation removal

75 investigations

Change of use

64 investigations

Signage

53 investigations

Construction of between 2 and 10 new dwellings

48 investigations

Native vegetation removal

42 investigations

Other

19 investigations

Construction of one new dwelling

17 investigations

Minor buildings and works

14 investigations

Tree pruning

13 investigations

10.

Construction of more than 10 new dwellings

8 investigations

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Attachment 1

6.2

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

6.2

Item: 6.2

Motor vehicle storage resulting in the lodgement of an Enforcement Order application

2 instances

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:



Miscellaneous matters

The construction of one or more buildings

Signage

Change or extension of use

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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Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

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.

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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Attachment 1

3.1.3

6.2

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.

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

TABLE 1: Risk Consequence Consequence types

$1m – $10m

Single fatality and/or severe irreversible disability (>30%) to one or more persons

$100,000 – $1m

Moderate irreversible disability or impairment (<30%) to one or more persons

Serious medium term environmental effects

$10,000 – $100,000

Objective but reversible injury/illness requiring medical treatment

Less than $10,000

First Aid only, no medical treatment required

Moderate Insignificant

Natural Environment

Multiple fatalities, or significant irreversible effects to >50 persons

Minor

Severity Level

Attachment 1

Health and Safety

$10m –$100m

Major

Catastrophic

6.2

Profit Reduction Cost to rectify

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 752

Very serious, longterm environmental impairment of ecosystem functions

Community, Reputation, Media, Gov’t

Social, Cultural & Heritage

Legal

Destruction of structures/items of cultural significance

Significant prosecution and fines. Very serious litigation including class actions.

On-going serious social issues. Significant damage to structures/ items of cultural significance

Serious public or media outcry (international coverage)

Major breach of regulation. Minor litigation.

Significant adverse national media/ public/ NGO attention

Moderate, short-term effects but not affecting the ecosystem functions

On-going social issues. Permanent damage to items of cultural significance

Minor effects on biological or physical environment

Minor medium-term social impacts on local population. Mostly repairable

Attention from media. Heightened concern by local community. Criticism by NGOs Minor, adverse local public or media attention or complaints

Serious breach of regulation with investigation or report to authority with prosecution and/or moderate fine possible. Minor legal issues, non-compliances and breaches of regulation.

Item: 6.2

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.

6.2

4.2

Attachment 1: Draft Planning and Building Enforcement Framework

Descriptor Almost certain Likely Possible

Unlikely Rare

4.3

Description Event expected to occur in most circumstances (including most instances where a complaint has been received). 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). 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) Event could occur at sometime Event may occur but only in exceptional circumstances

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 Almost certain Likely Possible Unlikely Rare

Insignificant

Consequence Severity Level Minor Moderate Major

Catastrophic

Medium

High

Very High

Medium Low Low Low

Medium Medium Low Low

High High Medium Medium

Very High High High 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: ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 753

Attachment 1

TABLE 2: Risk Likelihood

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

TABLE 4: Review timeframes

6.2

Risk Level Low Medium High Very High

Minimum Action Required Implementation of simple and cost effective controls if required to maintain low level of risk Implementation of effective controls as required to manage risk Rigorous Management attention required. Implementation of controls to reduce the level of risk to as low as possible. Senior Management attention required. Risk must be eliminated or controlled to reduce level of risk.

Review 1 Year 1 Year 6 Months 3 Months

Attachment 1

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.

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;

There is a history of non-compliance or complaints during the construction phase; or

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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Attachment 1: Draft Planning and Building Enforcement Framework

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.

6.2

Item: 6.2

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:

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 o

A tree protected by the Environmental Significance Overlay Schedule 4 or Heritage Overlay; or 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: ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 755

Attachment 1

1. Very high priority (with focus on matters with a Catastrophic severity level prior to those of a Major severity level);

Attachment 1: Draft Planning and Building Enforcement Framework

6.2

Item: 6.2

For a purpose prohibited by the Planning Scheme;

For a purpose permitted by the Planning Scheme without the requisite Planning Permit for the use; or 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

Attachment 1

 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 o o

Structural failure of a commercial or industrial building (Including Shop, Office and Factory) Structural failure to a Boarding House / Motel 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;

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 756

Attachment 1: Draft Planning and Building Enforcement Framework o o o o o o

That building approval is required for construction; That Health Services approval is required under the Food Act or the Health Act; The need to obtain approval to construct over an easement; That additional signage is not to be displayed; The need to provide an appropriate trade waste area The need to ensure that the proposal complies with the Building Regulations with respect to fire rating, and with the Tobacco Act.

6.2

Item: 6.2

 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.  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 o

Council’s Building Site Code of Practice The Apiary Code of Practice

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.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 757

Attachment 1

 Inspects tree protection fencing in a timely manner when requested.

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

6.2

 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

Attachment 1

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 o

5.4

The requirement for emergency exits in certain classes of building; Understanding when a building permit would be required for signage and fencing.

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

affected by an Environmental Significance Overlay, Land Subject to Inundation Overlay, Significant Landscape Overlay or Land Subject to

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Attachment 1: Draft Planning and Building Enforcement Framework

 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

6.2

Inundation Overlay

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 construction. For example: 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 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 o

 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 o o

Structural failure to a Boarding House / Motel Structural failure to an apartment or associated building 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 ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 759

Attachment 1

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

6.2

Code of Practice 2011 or any relevant Planning Permit  Failure to comply with building regulations for subdivided buildings

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 760

 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 construction. For example: o Failure to provide or maintain screening as required by a Permit o

6.2

High

Attachment 1: Draft Planning and Building Enforcement Framework

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

o o

Unauthorised pruning of a tree affected by 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

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

 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: Home occupation (Clause 52.11) 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. o o

 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

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 761

Attachment 1

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework  Unauthorised construction within the road reservation

Attachment 1

6.2

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;

The issue of an Official Warning, including a requirement for specific matters to be done to address the issue;

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;

The issue of an Emergency Order

The issue of a Building Order;

Seeking an Enforcement Order or Interim Enforcement Order; and

Seeking to have a planning permit cancelled or amended by the Victorian Civil and Administrative Tribunal;

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;

Referral of PBS to the Victorian Building Authority;

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 Timeframe for initial inspection: 24 hours High 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.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 762

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

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:  Application for Enforcement Order  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 Timeframe for initial action: 7 days Initial action:  Refer matters directly to the Relevant Building Surveyor verbally within 7 days of being made aware of the issue where any relevant building permit has been issued by a private building surveyor.  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.  Official Warning  Planning Infringement Notice  Building Notice Escalated action if compliance not achieved/repeat offence:  Planning Infringement Notice  Application for Enforcement Order  Building Order to demolish or bring works into compliance within 30 or 60 days Further escalation if required:  Application for Enforcement Order

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 763

Attachment 1

 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

6.2

 Verbal advice of permit requirements and works to be undertaken to rectify matters.

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

6.2

 Charge and Summons in Magistrates’ Court

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 764

Timeframe for initial inspection: 7 days Timeframe for initial action: 14 days Initial action:  Refer matters directly to the Relevant Building Surveyor verbally within 14 days of being made aware of the issue where any relevant building permit has been issued by a private building surveyor.  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 14 days of being made aware of issue, and giving 2 months for compliance or satisfactory response.  Official Warning  Building Notice Escalated action if compliance not achieved/repeat offence:  Planning Infringement Notice/s  Building Order to demolish or bring works into compliance within 30 or 60 days Further escalation if required:  Application for Enforcement Order  Charge and Summons in Magistrates’ Court

Low

Timeframe for initial inspection: 14 days Timeframe for initial action: 14 days Initial action:  Refer matters directly to the Relevant Building Surveyor verbally within 14 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 Escalated action if compliance not achieved/repeat offence:  Official Warning  Planning Infringement Notice  Building Order to demolish or bring works into compliance within 30, 60 or 90 days Further escalation if required:  Planning Infringement Notice  Application for Enforcement Order

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 765

6.2

Medium

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

Item: 6.2

6.2

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

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:

Attachment 1

 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:

6.2

‘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.

Consideration of outsourcing some enforcement issues (eg. Preparation for and attendance at VCAT and Court)

Reassessing the number of staff dedicated to enforcement;

The potential to provide administrative support to existing enforcement staff; and

Greater involvement of Development Planners in enforcement matters with respect to breaches of planning permit conditions.

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.

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 (%)

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 766

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

 Resolution of High importance risks/issues within 6 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.

6.2

 Resolution of Medium and Low importance risks/issues within 12 months (%)

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.

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-PlanningPermits.pdf Victorian Auditor-General, December 2011. Compliance with Building Permits. http://www.audit.vic.gov.au/publications/2011-12/20111207-Building-Permits/20111207Building-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

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 767

Attachment 1

Item: 6.2

Risk assessment with respect to sites generally

6.2

Potential consequence (enforcement-related)

9.1

Attachment 1: Draft Planning and Building Enforcement Framework Risk assessment with respect to sites generally Severity Likelihood Risk level

Construction without a permit 

Construction of: 

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

Minor

Rare

Low

Attachment 1



Proactive means of mitigating risk

Conduct of reblocking or underpinning works



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.

without the requisite building permit 

Conduct of significant site works without the requisite Planning Permit in an area: 

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: 

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

Moderate

Rare

Medium



Buildings and works without provision of a loading bay

Moderate

Rare

Medium



A fence;

Insignificant

Unlikely

Low



A satellite dish

Insignificant

Rare

Low

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.

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.

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.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 768

 

Item: 6.2

Significant breach of Planning Permit, Building Permit, Development Plan Approval or Section 173 Agreement with respect to construction. For example: 

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: Moderate

Rare

Medium

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



Construction of a dwelling, dwelling addition or associated structure contrary to the siting requirements of the Planning or Building Permit



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. 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.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 769

6.2

Failure to comply with a permit for construction

Attachment 1

9.2

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

6.2

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

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

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:



Destruction or removal of a tree Catastrophic protected by the Environmental Significance Overlay Schedule 4 (ESO4) or Heritage Overlay (HO)



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

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

Moderate



Failure to provide required Tree Protection Fencing

Moderate

Likely

High



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



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.

Possible

High

Possible

High



Likely

High 

 Rare

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 770

Medium 

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.



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

Removal of more than one tree affected by Planning Scheme controls other than the ESO4 or specifically protected by the HO

Moderate

Likely

High



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

Minor

Possible

Medium

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



No proactive action required



Landscaping not maintained in accordance with endorsed plans

Minor

Possible

Medium



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

Minor

Possible

Medium



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

Insignificant

Possible

Low

Major

Possible

High

9.4



Use-related

Use of land for a purpose prohibited by the Planning Scheme



Use of land for a purpose permitted by the Planning Scheme without the requisite Planning Permit for the use

6.2

Attachment 1: Draft Planning and Building Enforcement Framework

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. 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

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 771

Attachment 1

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

6.2

Use of land contrary to the specific provisions of the Banyule Planning Scheme, including:



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

Insignificant

Possible

Low



Clause 52.30: Freeway service centre

Insignificant

Possible

Low



Clause 52.06: Car parking



Attachment 1

Failure to comply with a Planning Permit for use of the premises, including with respect to:



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

Minor

Possible

Medium



9.5

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 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

Demolition-related

Demolition, relocation or removal of an A or B graded building affected by a Heritage Overlay without the requisite Planning Permit

Catastrophic

Demolition, relocation or removal of a C or lower graded building affected by a Heritage Overlay without the requisite Planning Permit.

Moderate

Demolition, relocation or removal of a post box constructed before 1930

Moderate

Rare

High



Rare

Medium



Rare

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 772

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. 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.

No proactive action required – Council is not aware of any post boxes constructed before 1930 within the Municipal area.

Minor

Rare

Low

 

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

Minor

Demolition, relocation or removal of a building without the requisite Building Permit

Insignificant

9.6

Rare

Low

 

Rare

Low



Continue to provide advice as to the relevant building controls and permit requirements.



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.

Safety-related

Catastrophic breach of Building Regulations, including: 

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

Catastrophic

Rare

High



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

Catastrophic

Rare

High



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

Catastrophic

Rare

High



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

Possible

High



Keeping of bees in a manner which Catastrophic does not comply with the Apiary Code of Practice 2011 or any relevant Planning Permit



6.2

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

Attachment 1: Draft Planning and Building Enforcement Framework

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

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 773

Attachment 1

Item: 6.2

6.2

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.

Possible

High



9.8

Attachment 1

Attachment 1: Draft Planning and Building Enforcement Framework

Subdivision/restriction-related

Failure to comply with building regulations for subdivided buildings

Catastrophic



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

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 774

Attachment 1: Draft Planning and Building Enforcement Framework 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 Councilâ&#x20AC;&#x2122;s Asset Protection Supervisor.

Easement variation

Minor

Rare

Low

Failure to comply with approved subdivision layout plans

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. No proactive action required

Attachment 1

Unauthorised construction requiring a building permit within the road reservation

6.2

Item: 6.2

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 775

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

6.2

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 Severity Likelihood Risk level

10.1 Construction without a permit Construction of:

Attachment 1

Initial reactive enforcement measures where breach identified*

Catastrophic

Almost certain

Very high



A commercial or industrial building;



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

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.

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

Major

Almost certain

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

Major

Almost certain

Very high

Almost certain

High

Almost certain Almost certain

High

Construction of: 

A vehicular crossing or modification to a crossing on land adjacent to a Road Zone Category 1

Moderate



A telecommunications facility

Moderate



Minor building and works in an area where a Cultural Heritage Management Plan is required pursuant to the Aboriginal Heritage Act;

Moderate



A private tennis court and/or associated illumination;

Moderate

Almost certain

High



Buildings and works without provision of a loading bay

Moderate

Almost certain

High



A fence;

Insignificant

Medium



A satellite dish

Insignificant

Almost certain Almost certain

without the necessary Planning Permit

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 776

High

Medium

Refer to Table 7 for general measures and escalation.

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:

Refer to Table 7 for general measures and escalation.



Significant increase in height;

Major



Significant modification of built form;

Major



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



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

Almost certain Almost certain

Very high

Major

Almost certain

Very high

Major

Almost certain

Very high

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

Construction of a dwelling, dwelling addition or associated structure contrary to the siting requirements of the Planning or Building Permit

 

6.2

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.

Attachment 1: Draft Planning and Building Enforcement Framework

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. Refer to Table 7 for general measures and escalation.

Moderate

Almost certain

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

Minor

Almost certain

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 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. Refer to Table 7 for general measures and escalation.



Variation to approved colours or minor variation to approved materials other than within a heritage area

Insignificant

Almost certain

Medium



Construction contrary to the aesthetic requirements of the Building Permit

Insignificant

Likely

Medium

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.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 777

Attachment 1

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

6.2

10.3 Tree-related Significant breach of Planning Scheme provisions or permit requirements. For example:

Refer to Table 7 for general measures and escalation.



Destruction or removal of a tree Catastrophic protected by the Environmental Significance Overlay Schedule 4 (ESO4) or Heritage Overlay (HO)

Almost certain

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)

Major

Almost certain

Very high



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

Moderate

Almost certain

High



Failure to provide required Tree Protection Fencing

Moderate

Almost certain

High



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

Major

Almost certain

Very high



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

Major

Almost certain

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.

Refer to Table 7 for general measures and escalation.



Removal of more than one tree affected by Planning Scheme controls other than the ESO4 or specifically protected by the HO

Moderate

Almost certain

High



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

Major

Almost certain

Very high



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

Moderate

Likely

High



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

Minor

Almost certain

High

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

Refer to Table 7 for general measures and escalation.



Landscaping not maintained in accordance with endorsed plans

Minor

Almost certain

High



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

Minor

Almost certain

High



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

Insignificant

Likely

Medium

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 778

Specific measures:  Council Development Planner or Development Planning Arborist to attend the site within 14 days of being made aware of the issue.

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

Major

Almost certain

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

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:

Refer to Table 7 for general measures and escalation. Moderate

Likely

High

Clause 52.11: Home occupation

Minor

Almost certain

High



Clause 52.27: Consumption of liquor

Minor

Almost certain

High



Clause 52.28: Gaming

Minor

Almost certain

High



Clause 52.34: Bicycle parking and associated facilities

Insignificant

Likely

Medium



Clause 52.30: Freeway service centre

Insignificant

Almost certain

Medium



Clause 52.06: Car parking



Failure to comply with a Planning Permit for use of the premises, including with respect to: 

Hours or patron numbers for premises in a residential area



The provision of on-site parking



Hours or patron numbers for other premises in a commercial or industrial area

Refer to Table 7 for general measures and escalation.

Refer to Table 7 for general measures and escalation. Moderate

Almost certain

High

Moderate

Almost certain

High

Minor

Almost certain

High

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 779

Attachment 1

Use of land for a purpose prohibited by the Planning Scheme

6.2

10.4 Use-related

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

6.2

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

Catastrophic

Demolition, relocation or removal of a C or lower graded building affected by a Heritage Overlay without the requisite Planning Permit

Moderate

Demolition, relocation or removal of a post box constructed before 1930

Moderate

Almost certain

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.

Almost certain

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

Almost certain

High

Refer to Table 7 for general measures and escalation. 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

Insignificant

Almost certain

Medium

Refer to Table 7 for general measures and escalation.

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

Minor

Almost certain

Medium

Refer to Table 7 for general measures and escalation.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 780

Specific measures:  Planning Investigations Officer to attend site within 24 hours to document nature of original fence and verbally seek a stop to works.

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

Attachment 1: Draft Planning and Building Enforcement Framework Minor

Almost certain

Medium

Refer to Table 7 for general measures and escalation. 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

6.2

Item: 6.2

10.6 Safety-related 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

Catastrophic

Likely

Very high



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

Catastrophic

Likely

Very high



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

Catastrophic

Likely

Very high



Failure to install or maintain an appropriate pool barrier

Major

Almost certain

Very high



Structural failure to a dwelling or associated structure, including failure resulting from fire or impact

Major

Almost certain

Very high

Likely

Very high

Keeping of bees in a manner which Catastrophic does not comply with the Apiary Code of Practice 2011 or any relevant Planning Permit

Attachment 1

Catastrophic breach of Building Regulations, including:

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.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 781

Item: 6.2

Attachment 1: Draft Planning and Building Enforcement Framework

Attachment 1

6.2

10.7 Signage-related Display of signage contrary to planning permit/scheme within a Heritage Overlay or Environmental Significance Overlay Schedule 1 (ESO1)

Minor

Almost certain

High

Refer to Table 7 for general measures and escalation.

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.

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

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 782

Low

Refer to Table 7 for general measures and escalation.