Planning Act 2016 Offences Explained: What Property Owners and Developers Need to Know

Overview

The Planning Act 2016 (Qld) sets out the rules for development in Queensland — and the offences that apply when those rules aren’t followed. Councils across SEQ actively investigate and prosecute breaches, and penalties can be significant. Whether you’re a homeowner, builder, or developer, understanding how offences arise (and how to fix them) is essential.

What Is an Offence Under the Planning Act?

Offences under the Planning Act are referred to as development offences. An offence occurs when a person:

• carries out assessable development without approval

• carries out prohibited development

• fails to comply with a development approval

• contravenes an enforcement notice

These offences apply to individuals, companies, builders, developers, and property owners.

The Most Common Planning Act Offences

1. Unlawful Assessable Development

This includes building work, material change of use (MCU), reconfiguring a lot (ROL), or operational works carried out without the required development permit.

2. Prohibited Development

Some development simply cannot be approved and is prohibited. Carrying out prohibited development is an offence regardless of intent.

3. Non‑Compliance with Development Conditions

Even if you have approval, failing to follow the conditions (e.g., hours of operation, setbacks, landscaping, noise limits) can constitute an offence.

4. Failure to Comply with an Enforcement Notice

If council issues an enforcement notice, failing to comply with the requirements of the enforcement notice is an offence.

How Councils Investigate Offences

Councils typically:

1. Receive a complaint or identify an issue

2. Conduct an inspection

3. Request information

4. Issue a show cause notice

5. Issue an enforcement notice

6. Consider prosecution

Each step has strict legal requirements — and opportunities to resolve the matter early.

Penalties for Planning Act Offences

Penalties can include:

• Fines (often tens of thousands of dollars)

• Court orders to stop or reverse the development

• Costs orders

• Criminal convictions (Planning Act offences are criminal in nature)

• Imprisonment can be imposed if Court orders are not complied with.

Companies are liable to higher penalties than individuals.

How to Fix or Resolve an Offence

Options may include:

• lodging a development application to regularise what has occurred

• negotiating amendments to the conditions of an approval

• complying with an enforcement notice

• providing submissions to avoid prosecution

• negotiating an outcome with council

• appealing some decisions to the Planning and Environment Court

• defending or responding to prosecution

  
  

Early legal advice is critical — especially before responding to council.

When to Seek Legal Advice

You should speak with a specialist regulatory lawyer if you:

• receive a show cause or enforcement notice

• are contacted by a council investigator

• believe you may have carried out unlawful development

• are considering selling a property with potential compliance issues

• are facing prosecution

  
  

KDC Legal assists clients across Brisbane and South East Queensland with Planning Act offences, compliance, and negotiations with council.