Apply for an enforcement order under planning enactments

Planning schemes are laws that regulate the use and development of land and may also protect vegetation. Councils and other responsible authorities are responsible for enforcing planning schemes. If the use or development of land is in breach of a planning scheme, a planning permit or a section 173 agreement, you can apply to VCAT for an enforcement order. These applications are made under section 114 of the Planning and Environment Act 1987.

If the matter is about a Forestry and Carbon Management Agreement, find out how to apply for an enforcement order under section 68 of the Climate Change Act 2017.

If the matter is about breaches of a land use agreement under the Traditional Owner Settlement Act 2010, find out how to apply for an enforcement order under the Traditional Owner Settlement Act 2010.

Before you apply

If the matter is urgent you may apply for an interim enforcement order using the same application form.

Time limits

There are no time limits when applying for an enforcement order. However, you should make any application for an enforcement order in a timely manner. A failure to make application in a timely way may be a consideration in the decision to be made by VCAT.

Extension of time to apply

Under section 126 of the Victorian Civil and Administrative Tribunal Act 1998, VCAT can extend the time to apply. We can extend the time by which you must make an application to VCAT – if it is reasonable to do so and if extending time would not cause any prejudice or detriment to a partyDefinitionA person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. or potential party that cannot be remedied by an appropriate order for costs or damages.

Complete and submit the Application for an extension of time form to apply for more time to lodge an application.

Do I need a lawyer or professional representative?

You may have a legal or other professional representation to appear at VCAT (such as a lawyer, town planner, relative, or some other person). In Planning and Environment cases you do not need to have VCAT's permission to be represented.

Find legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.

Legislation that applies to this type of case

Planning and Environment Act 1987