Planning Enforcement

The Mildura Planning Scheme is a legal document that sets out agreed community objectives and requirements relating to the use, development, protection and conservation of land within the Mildura Rural City Council area. The planning scheme acts to ensure those living or visiting the municipality experience pleasant, safe, orderly, fair and sustainable land use.

As with any law or regulation, the Mildura Planning Scheme is only effective if its requirements are enforced. Council is the responsible authority, required by law, to administer and enforce the planning scheme.

Planning enforcement is how council ensures compliance with the planning scheme, planning permits and prevents or stop breaches. Our Planning Enforcement Officers investigate and work with our community to ensure compliance is achieved.

Monitoring compliance and responding to complaints

Whilst Council’s Enforcement Officers make regular checks and inspections, we also rely on community members raising concerns or making a complaint when there is a potential breach in the Mildura Planning Scheme.

Planning Enforcement Officers are authorised to investigate potential breaches and may take a number of actions to ensure compliance with the scheme.  

What enforcement action may be taken?

Depending on how serious the breach is, Council may take the following steps:

  • negotiate with you informally to achieve compliance
  • issue an official warning called a breach notification
  • issue a Planning Infringement Notice (PIN) which may include a monetary penalty
  • make an application to the Victorian Civil and Administrative Tribunal (VCAT) for an enforcement order or interim enforcement order if there is an immediate threat to life or property
  • Commence prosecution proceedings in the Magistrates Court. The Court can fine you up to 1,200 penalty units plus Court costs.
  • Make an application to VCAT to cancel or amend a permit

Need help?

Contact our Planning team if you're not sure if your proposal needs planning approval or are just in need of advice or would like to report an issue.

Pop into our Madden Avenue Office or call our Planning Services team on 03 5018 8100 or send us an email mrcc@mildura.vic.gov.au