The Sunshine Magistrates’ Court has ordered a developer to pay Hobsons Bay City Council $19,000 after a planning permit was breached during the construction of two units in Altona Meadows in 2014.
During construction, Council staff identified structures that were non-compliant with the planning permit and endorsed drawings, including a high front fence, front setback, car parking and landscaping.
Mayor of Hobsons Bay Councillor Jonathon Marsden said despite repeated requests from Council, over an extended period of time, the owner/developer failed to comply with the issued planning permit.
“As a consequence, the owner/developer was issued with infringement notices and a VCAT enforcement order, but also failed to comply. Prosecution proceedings were commenced in the Magistrates’ Court and the court found the individual guilty, without conviction, and ordered him to pay Council $19,000,” said Cr Marsden.
“This is an important outcome for our community that demonstrates Council’s commitment to ensuring developers comply with planning permits. Council agrees with the Magistrate who said the community expects people who get the benefit of planning permits to adhere to their conditions.
“Planning permits are issued after public consultation and the approved designs are required to meet minimum standards for amenity and respect for neighbourhood character.
“Quality landscaping and low front fences contribute to positive neighbourhood character and amenity of the community and are protected by Council now and into the future.
“The community and Council together, expect new developments comply with the approved designs. If developers don’t meet planning conditions, they can expect to be held to account.”