Principles of Planning and Zoning
The overarching principles of: (1) Promoting a safe and secure environment; (2) Protecting the heritage and natural environment; and (3) Ensuring that the residential character of the precinct is not compromised; form the basis of the evaluation of the suitability of any proposed development in our area. If a development has the possibility of negatively impacting on these values, the opposition thereof should be seriously considered.
Any owner or resident has the right to apply to the Council for the change of the use of his/her property. This right is balanced by the right of any resident or owner to oppose such an application, based on real grounds which may affect him/her, or the community at large, negatively as measured against the principles mentioned above.
To enable all community members to exercise their rights, the co-operation of the whole community is needed to identify properties being used, or being planned to be used, for illegal purposes.
Once it is known what the current or planned situation with respect to a property is, steps must be taken to obtain the involvement of the Council to oblige the owner to comply with the relevant by-laws.
If it is a planned development, the details of the planning must be obtained and evaluated against the security, heritage, residential and natural environment principles relevant to the specific area. Once these are known, the appropriate action must be taken by either (1) opposing the development or (2) engaging with the developer/owner to negotiate a development which could comply with the principles important to the specific area.
If it is suspected, or proven, that a property is being used in contravention of the by-laws, it must be reported to the Council. As much detail as possible with regard to the home owner, tenant (e.g. name and initials, address, telephone number, e-mail etc.) are provided, as well as any detail of trusts or other legal entities that may be involved.
It is important to follow-up progress from time to time, but progress is slow as the same officials have to do the inspections to ascertain if any contravention is taking place, provide the required documents for fines and later to take the transgressors to court. There is a shortage of personnel and getting hold of the owners involved sometimes takes months.
It is important that all residents get involved if we are to succeed in keeping our area secure and retaining its distinctive character.
The application of the by-laws, in particular in relation to Differential Rates, will likely serve to address the challenges in confronting illegal property use, specifically in relation to: (1) typical non-engagement by developers/owners, where the dynamic changes dramatically in terms of time/costs, transferring the obligation from the RRA to the owner/occupier; (2) the continued viability/feasibility of the ‘business model’ of illegal property use when operating under emergency commercial rates; (3) the much needed funding that can be made available to CoT for more frequent inspections/enforcements, when raised under application of Differential Rates; and (4) the deterrent effect of Differential Rates for future potential transgressors.
Relevant Legislation