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Question and Answer Tracking Details

2142 - STATUTORY PLANNING POWERS OF LOCAL COUNCILS

Hornery, Sonia to the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts

In relation to the Local Government Act:

  1. What planning powers do local councils have under the Local Government Act and the Environmental Planning and Assessment Act?
  2. What are the processes taken to order landlords of derelict buildings to secure or demolish their premises?
  3. What are the time frames for security or demolition?
  4. What is the financial penalty and how does it work?

Answer -

I am advised:   

  1. Local council planning powers under the Environmental Planning and Assessment Act include preparing local environmental plans and development control plans, assessing development applications for local development, entering into planning agreements, issuing Part 4A certificates and enforcement powers including entering and inspecting premises for enforcement purposes and issuing enforcement orders.
    Planning powers under the Local Government Act include the management of community land, assessing applications for the carrying out of activities, issuing enforcement orders, and powers in relation to the acquisition of land.
  2. Orders can be given under section 121B of the Environmental Planning and Assessment Act to owners of derelict buildings to demolish or remove a building, or repair or make structural alterations to a building. Similar orders can be made under section 124 of the Local Government Act.
  3. Each individual order must specify a reasonable period within which the terms of the order are to be complied with.
  4. Failure to comply with an order is an offence under section 125 of the Environmental Planning and Assessment Act to be enforced through Court proceedings. The maximum penalty for an offence under the Environmental Planning and Assessment Act is 10,000 penalty units ($1.1 million dollars). Alternatively, councils may impose a fine for certain offences, in accordance with the Environmental Planning and Assessment Regulation, by issuing a penalty infringement notice.


Question asked on 28 February 2008 (session 54-1) and printed in Questions & Answers Paper No. 48
Answer received on 2 April 2008 and printed in Questions & Answers Paper No. 54