State Planning Commission gives 18 councils extra powers to tackle building breaches

Councils have been given new powers to stamp-out illegal development in your community. See which areas are affected.

Councils have been granted new powers to tackle illegal development in a move designed to avoid costly and protracted court action.

Under the powers, councils will be able to issue civil penalties for breaches of planning laws instead of pursuing a criminal prosecution in the Environment Resources and Development Court.

They will also be able to negotiate a so-called enforceable voluntary undertaking with offenders requiring them to fix any development breaches in lieu of being fined.

But those who fail to comply with the undertaking can face civil or criminal penalties under broader powers available to councils under the Planning, Development and Infrastructure Act.

The State Planning Commission last month granted the powers to 18 councils who requested to use the enforcement tools for an initial three-year term.

Under the act the commission must authorise councils’ use of the new provisions.

The move was triggered following an approach from Mitcham Council to former commissioner Helen Dyer seeking to overhaul its enforcement policies.

“ … council is of the view that the new tools will enable it to better respond, in a more targeted, pragmatic, and efficient way, to the wide variety of compliance scenarios it is commonly faced with,” the council’s development manager Alex Mackenzie wrote.

“ … the new tools are likely (to) be particularly apt to situations involving a breach of the Act which is serious enough to warrant some form of statutory compliance action but is not serious enough to warrant the full force of a criminal prosecution or civil enforcement proceedings.”

Adelaide councils have been given new powers to tackle development breaches.

He told Ms Dyer that anecdotally councils have found the financial cost and resources needed presently to take court action for breaches was in “some case disproportionate to the final outcome”.

An example where the new powers could be used, Mr Mackenzie wrote, is where a landowner relied on incorrect advice from a contractor to illegally remove a protected tree.

“As such, while the breach likely warrants a penalty, a prosecution may be too harsh a process, not to mention the likely added time and cost to council,” he wrote.

Under the new act the maximum civil penalty that can be negotiated between a council and offender is up to $120,000.

A person may elect to be prosecuted instead of having a civil penalty imposed.

LGA president Charles Sturt Council Mayor Angela Evans

Local Government Association SA president Angela Evans said under the old planning system, replaced in March, councils had often reported the cost and time involved in taking court action outweighed any benefit.

“Councils are optimistic the new options will allow them to work with property owners and builders to secure compliance, and take action that is proportionate to the conduct involved,” she said.

COUNCILS GRANTED NEW POWERS

Alexandrina Council

Robe

Loxton Waikerie

Yankalilla

Grant

Coorong

Kingston

Mount Barker

Adelaide Hills

Adelaide

Marion

Charles Sturt

Port Adelaide Enfield

Unley

Onkaparinga

West Torrens

Mount Gambier

Playford