Administrative Division
Application for Enforcement Order under section 114 and
Interim Enforcement Order under section 120
of the Planning and Environment Act 1987
Making an application
Information that must accompany your application
· A title search of the land (not more than 14 days old)· Copy of any relevant planning permit
· Copy of any relevant Section 173 Agreement
· Facts relied on, if a separate sheet is necessary
· Details of proposed order(s), if a separate sheet is necessary
· List of the names and addresses of all respondents, if a separate sheet is necessary
· List of names and addresses of affected persons, if a separate sheet is necessary
You must also provide information about the zone, overlays or other planning controls that affect the land. You may need to obtain this information from the responsible authority if you do not know the details.
If your application is incomplete and you do not include all the material and information required, plus payment of the fee, your application may be rejected or struck out.
What will happen after you lodge your application?
After you lodge your application, the Tribunal will allocate a date for a practice day hearing to consider the application and its future conduct. The Tribunal will issue an initiating order setting out the date for the practice day hearing and giving directions about steps that you and other parties to the proceeding must comply with. The initiating order will set dates by which each step must be completed. A date will not be allocated until your application is complete.
If you fail to comply with the Tribunal’s initiating order by the dates specified in the order, your application may be struck out without further notice. If you are unable to comply with any aspect of the initiating order, you must apply to the Tribunal in writing for an extension of time. You cannot change dates without an order by the Tribunal.
Information about enforcement orders
Please read VCAT’s Practice Note PNPE4 – Enforcement Orders & Interim Enforcement Orders before completing this form.
Planning and Environment ListAdministrative Division
Section 114 & 120
VCAT Reference Number (Office Use Only) / P /
Name of Applicant(s)
Full NameAddress and Contact Details of Applicant(s)
All correspondence will be sent to the applicant(s) at this address or email, unless the ‘Details of Representative’ section is completed, in which case all correspondence will be sent to the representative address or email. Complete only one section. DO NOT COMPLETE BOTH SECTIONS. Address for service must be a Victorian address – VCAT Rules 2008 Order 4.08.
Address for service
Business phone / After hours phoneMobile / Fax number
Details of Representative
Name/FirmReference Number/ Contact person
Address for service
Business phone / After hours phoneMobile / Fax number
Details of Respondents
Who is the order to be made against?
List the names and addresses of the persons or firms to be subject to the order. Attach a separate list if necessary.
Address
Respondent 2 – name
Address
Respondent 3 – name
Address
Details of other affected persons
Are there any other persons who may be adversely affected by the enforcement order?
List the names and addresses of other persons or firms who may be adversely affected by the enforcement order or by the contravention. Attach a separate list if necessary.
Address
Person 2 – name
Address
Person 3 – name
Address
Information about the land
If there is no conventional address (street number, street and locality) insert a land description:
• Certificate of Title volume and folio;
• Lot and lodged plan number;
• Crown allotment; or
• Section number /Township/Parish.
Address or description of the land to which the enforcement order will apply
Responsible Authority
Details of the contravention
What provisions of the Planning and Environment Act 1987, the planning scheme, planning permit or section 173 agreement are being contravened?
Specify the relevant sections of the Act, clauses of the planning scheme, conditions in the permit or paragraphs of the section 173 agreement
Do not refer to section 126 Planning and Environment Act 1987. Section 126 makes it an offence to contravene a planning scheme, permit or section 173 agreement. The Tribunal has no jurisdiction regarding an offence under section 126.
Planning and Environment Act 1987 (sections)Planning scheme (clauses)
Planning permit (conditions)
Section 173 agreement (paragraphs)
Please provide the following information and material to assist the Tribunal to process your application as expeditiously as possible.
What is the name of the relevant planning scheme, the zone and any overlay or other control applying to the subject land?Provide a copy of the relevant permit or section 173 agreement and all relevant endorsed plans or other documents approved under the permit or agreement.
Provide any other relevant reports, correspondence or material.
Describe the nature of the contravention and the facts you rely on to support your application. Attach a separate sheet if necessary.
Proposed orders
An enforcement order should be drafted having regard to section 119(b) of the Planning and Environment Act 1987. Section 119 provides that the Tribunal may direct any person against whom an enforcement order is made to do one or more of the following:· Stop certain use or development within a specified period.
· Not to start certain use or development.
· Maintain a building in accordance with the order.
· Do specified things within a specified period to –
Ø Restore the land as nearly as practicable to its condition immediately before the use or development started or to any condition specified in the order or to any other condition to the satisfaction of the responsible authority or other specified person or body.
Ø Otherwise ensure compliance with the Act, planning scheme, permit condition or section 173 agreement.
It is not sufficient to specify the enforcement order in general terms only, such as ‘remediate the land’. Please specify time limits for undertaking any actions proposed in the enforcement order.
Specify in precise terms the enforcement order you propose.
The terms of the order should be capable of being included in an order by the Tribunal. Attach a separate sheet if necessary.
Other proceedings affecting the land
Do you know of any other planning proceedings relating to or affecting the land, such as a permit application or an application for review?
If so, give details including Tribunal reference numbers, if possible.
Attachments
Attach the following documents to this application. Tick and reference the attachments provided. Attach a separate schedule of attachments if necessary.
¨ A title search of the land (not more than 14 days old) / Ref. No.¨ A copy of the planning permit / Ref. No.
¨ A copy of the section 173 agreement / Ref. No.
¨ A copy of any endorsed plans / Ref. No.
¨ Details of the contravention and facts relied on, if a separate sheet is necessary / Ref. No.
¨ Details of proposed order(s), if a separate sheet is necessary / Ref. No.
¨ List of respondents, if a separate sheet is necessary
¨ List of affected persons, if a separate sheet is necessary
Other attachments (if relevant)
¨ / Ref. No.
Hearing time and complexity
Estimate the time it will take you to present your complete case at the hearing (submissions plus witnesses) and the number of expert witnesses you intend to call, if any.
Time to make submissions & present evidence:evidencennnneeevidenceevidence / Hours / Minutes
Number of witnesses: / Expertise:
See VCAT’s Practice Note PNVCAT2 – Expert Evidence for information about the obligations of expert witnesses and what must be included in the report of an expert witness.
Are you seeking a compulsory conference?
¨ Yes / ¨ NoA request for compulsory conference does not always mean that VCAT will schedule one. On the other hand, VCAT may schedule a compulsory conference even if parties do not request it.
Interim enforcement order
Do you intend to apply for an interim enforcement order under section 120 of the Planning and Environment Act 1987? If so, you must complete Part B of this form and pay an extra fee.
¨ Yes / ¨ NoPART B – INTERIM ENFORCEMENT ORDER
Only complete this part if you wish to apply for an interim enforcement order. An additional fee or application for waiver must accompany an application for an interim enforcement order.
Section 120 of the Planning and Environment Act 1987 enables an interim enforcement order to be made in urgent cases to maintain existing circumstances pending the hearing of an application for an enforcement order under section 114 of the Act.
An application must be made for an enforcement order under section 114 before an application for an interim enforcement order under section 120 can be heard. The two applications may be lodged simultaneously. An application for an interim or ex parte interim enforcement order should only be made when there is genuine urgency.
An application for an interim enforcement order or an ex parte interim enforcement order (made without notice to any person) should be supported by an affidavit swearing to the truth of the contents of the application and of any other facts on which the application is based.
Reasons for applying for an interim enforcement order
Why do you want an interim enforcement order?
State what harm you expect to happen if an order is not made. What would be the effect of not making the interim enforcement order? Attach a separate sheet if necessary
Ex parte interim enforcement order
Has notice of this application been given to any other party?
¨ Yes / ¨ NoIf no, explain why the case is so urgent that an interim enforcement order should be made before notice is given to any other person about this application? Attach a separate sheet if necessary.
Undertaking as to damages
If you apply for an interim enforcement order, you will normally be required to give an undertaking as to damages. If you give an undertaking as to damages and your application for an enforcement order is not successful, you may be liable to pay compensation
(section 120(3)(b) of the Planning and Environment Act 1987).
Are you prepared to give the following undertaking as to damages?
¨ Yes / ¨ NoUndertaking
If the Tribunal ultimately decides that the application for an enforcement order should not be granted, and a court or the Tribunal decides that any person has suffered loss or damage as a result of the making of the interim enforcement order and further decides that I should compensate that person for the loss and damage suffered, I undertake that I will pay the amount assessed by the court or the Tribunal to that person.
Proposed interim enforcement order
An interim enforcement order should be drafted having regard to section 120(4) of the Planning and Environment Act 1987. Section 120(4) provides that the Tribunal may direct any person against whom an interim enforcement order is made to do one or more of the following:· Stop the use or development immediately or within a specified period.
· Not to start the use or development.
· Do specified things to ensure compliance with the Act or a planning scheme, permit condition or agreement under section 173.
Specify in precise terms the interim enforcement order you propose.
The terms of the order should be capable of being included in an order by the Tribunal. Attach a separate sheet if necessary.
Acknowledgement
I acknowledge that:
· To the best of my knowledge, all information provided in this application is true and correct and that no details relevant to the application have been left out.
· I approve the information that has been provided.
· It is an offence under section 136 of the Victorian Civil and Administrative Tribunal Act 1998 to knowingly give false or misleading information to VCAT.
Category of person completing this application:
¨ Applicant in person / ¨ Authorised RepresentativeName of person completing this application (print)
Date
Checklist
Before you lodge this application, make sure that:
¨ You have completed all details and responded to all questions.
¨ All documents regarding fees (e.g. fee waiver documents, credit card form or cheque) are supplied with your application.
¨ You have attached and properly referenced all of the attachments listed in this form.
Fees
You must pay the relevant application fee at the same time you lodge this form. Fees may change each year. To find out about the current fee, visit the VCAT website www.vcat.vic.gov.au or call VCAT on 9628 9777.
VCAT may waive the requirement to pay a fee in some instances. Details are available on the VCAT website. You should apply for a waiver at the same time that you lodge this form.
Application Fee for enforcement order / $Application fee for interim enforcement order / $
Total fees / $
Fees can be paid via money order, cheque, cash or credit card.
Money orders and cheques are to be made payable to ‘VCAT’. Cash payments will only be accepted if you are delivering this application in person to VCAT. Do not send cash in the mail. If faxing or emailing the application, you can only pay by credit card.
If you wish to pay the fee by credit card, please fill in the details on the next page.
Lodgement and Contact Information
Lodge this completed form, any attachments and the applicable fee by:
Email to: /Mail to: / The Principal Registrar
VCAT
Planning and Environment List
GPO Box 5408
MELBOURNE VIC 3001
DX delivery to: / The Principal Registrar
VCAT
Planning and Environment List
DX 210576
MELBOURNE Victoria
Deliver in person during office hours to: / The Principal Registrar
VCAT
Planning and Environment List
Ground floor, 55 King Street
MELBOURNE VIC 3001
Office Hours: Monday to Friday from 9:00am to 4:30pm
About VCAT Fees
VCAT fees are charged according to three levels:
· Corporate fees for businesses and companies with a turnover of more than $200,000 in the previous financial year, corporate entities and government agencies