Unlawful Development or Use
What is Unlawful Development or use?
Unlawful development and use can take a number of forms. In general terms it involves:
- Activity or works being carried out for which prior Council approval should have been obtained. (Permitted or discretionary development/use).
- Activity or works being carried out for which approval cannot be given. (Prohibited development/use).
- Activity or works being carried out in a way that does not comply with a Development/Use permit.
Under Tasmania's planning legislation, Council can take action in respect to unlawful development/use in each of the above circumstances.
Action will be appropriate to the nature and legal status of the activity or works, viewed against the provisions of the Council’s planning scheme.
What Can I Do About Unlawful Development or Use?
If you think there are reasonable grounds for questioning whether an activity or works being carried out may be an unlawful development or use you should contact Council’s Planning Section, either by speaking to Planning staff at the Council chambers or by telephoning 03 6259 3011.
Council's planning staff will take details of your enquiry and follow it up, and will advise you of the outcome of their investigations.
Is That All I Can Do?
Once you have made an enquiry about the lawful status of an activity or works and Council has confirmed that action can be commenced you may be able to assist Council further in its investigations.
In circumstances where the unlawful status of an activity or use is observed directly by Council's Planning staff or it is a clear-cut issue your further assistance is unlikely to be called upon.
In other cases however, your further assistance may be essential if Council action is to succeed in respect to an unlawful activity or use.
The following points provide information on how you can help prevent unlawful activities with regard to planning.
- Note details of an activity or works, such as a general description, dates and times, duration etc., along with a description of any vehicles, (including company names, rego numbers) engaged in the activity or works, as appropriate.
- To succeed in an action in respect to an unlawful activity or works it may be necessary for Council to use enforcement powers formally granted to it under the State’s planning legislation, (the Land Use Planning and Approvals Act 1993).
- Planning enforcement in Tasmania is administered by the Resource Management and Planning Appeals Tribunal. In taking an action in respect to an unlawful activity or works to the Tribunal Council may have to call upon your assistance.
- Your assistance may be essential if Council is to succeed in an action taken to the Tribunal.
- You may also, independently of any Council action, take your own action in respect to an unlawful activity or use.