Councils to gain power to fine rogue developers: Fraser

March 4 2007

Councils to gain power to fine rogue developers: Fraser

Developers who flagrantly breach the strict conditions outlined in development applications will be hit with on-the-spot fines under a system soon to be implemented by the State Government.

Local Government and Planning Minister Andrew Fraser today announced the proposed new fines scheme which includes Penalty Infringement Notices (PIN), giving local councils the power to issue fines of $750 to individuals and $3,750 for organisations.

“While most developers play by the rules, unfortunately there are always going to be cases where development conditions are inadvertently or deliberately breached,” Mr Fraser said.

“The introduction of Penalty Infringement Notices under the Integrated Planning Act will give councils a greater ability to keep developers accountable and ensure that development conditions are adhered to.

“Previously councils had the power only to institute potentially costly and time-consuming court proceedings to address even the smallest development offences

“The new PINs system will give them more immediacy and will act as a strong deterrent to developers for a wide range of breaches – from illegally erecting or demolishing buildings to breaching noise restrictions.”

Mr Fraser said some examples of common issues that development conditions sought to address included:

• Limiting the impact of noise on neighbouring properties;
• installation of a proper stormwater regime to minimise the impact of local flooding;
• landscaping to the frontage of a property to ensure an attractive streetscape;
• sealing and linemarking of carparking areas to reduce dust and ensure cars can enter and exit in an orderly fashion; and
• site design is in accord with the approved plan of the development.

“Development conditions are not imposed on developments lightly.

“They are vital tools that allow councils to maintain the integrity of developments, surrounding communities and the environment.

“Under the proposed new system, councils will now be able to issue two on-the-spot Penalty Infringement Notices to developers.

“If these two notices are ignored or breaches are not remedied, councils can then institute court action to address the problem.”

Mr Fraser said the Government would now consult with stakeholders on the types of development offences and fines that would be applicable under the scheme.

Media contact: Chris Taylor 3227 8825 or 0419 710 874