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Skip Navigation LinksDepartment of Housing and Public Works > Construction > Building and plumbing > Appealing local government building application decisions > Dispute resolution decisions > Enforcement notices decisions

 Enforcement notices decisions

Appeal Subject Type and size
05-17 Appeal under section 533 of the Sustainable Planning Act 2009 (SPA) against the decision of Sunshine Coast Regional Council to give an Enforcement Notice under Section 248 of the Building Act 1975 for failing to ensure that the pool located at the subject site complies with the pool safety standard.​ ​(PDF, 353KB)
52-16 ​Enforcement Notice of the Assessment Manager for not giving a notice of inspection to the Assessment Manager in relation to the footing, slab and frame stages of construction and progressing past the mandatory stages of inspection without a certificate of inspection from the Assessment Manager, contrary to condition 1 of the Development Application Decision Notice that formed part of the Development Approval for Building Work. ​(PDF, 363KB)
47-16 ​Enforcement Notice by the Moreton Bay Regional Council pursuant to section 248 (1) of the Building Act 1975, requiring the Applicant to cease occupation of a Class 10a building, which is not suitable for residential purposes. ​(PDF, 242KB)
​39-16 ​Appeal under section 533 of the Sustainable Planning Act 2009 (SPA) against the giving of an Enforcement Notice to the Appellant by Brisbane City Council.  The Enforcement Notice was given on the basis that the Council reasonably believed that the Appellant had committed and/or was committing, a development offence under SPA by erecting a class 1a habitable structure on the subject site without a development permit for building works. At the centre of this appeal is a structure aptly called a “Tiny House on Wheels” (THOW).  This can be a little more fully described as a small dwelling on a road registered trailer. ​(PDF, 290KB)
17-16 ​Appeal by Building Approvals & Inspection Consultancy against an Enforcement Notice regarding dangerous building work (retaining wall). ​(PDF, 185KB)
10-16 ​Appeal by David Edgar Wilson against an Enforcement Notice issued by Council for dangerous dilapidated dwelling & outbuildings on the grounds that the buildings on site are in a dilapidated and unhygienic condition, structurally dangerous, unfit for habitation and considered a danger to the health and safety of the occupant and public. ​(PDF, 199KB)
35-15 ​Enforcement Notices issued by Brisbane City Council who reasonably believe that assessable development has been carried out without a permit, compliance with a development permit, unlawful use of a premise and use of premises without a certificate of classification. ​(PDF, 268KB)
31-15 ​Enforcement Notice issued by Hinchinbrook Shire Council who reasonably believes the buildings on site are dangerous, in a dilapidated condition and unfit for occupation. ​(PDF, 230KB)
24-15 ​Enforcement Notices issued by Brisbane City Council who reasonably believes that a development offence has been committed or is being committed in that a persons must not contravene a development approval, including any condition in the approval. ​(PDF, 264KB)
23-15 ​Enforcement Notice issued by Gold Coast City Council who reasonably believes that a development offence has been committed or is being committed. ​(PDF, 164KB)
07-15 ​Enforcement Notice issued by Noosa Council who reasonably believes that assessable development has been carried out without a permit and a development has been carried out without a permit and a development offence has been committed. ​(PDF, 286KB)
37-14 ​Enforcement Notice issued by Brisbane City Council who reasonably believes that a development offence has been committed and/or is being committed in relation to carrying out assessable development without a permit and offences on the use of the premises. ​(PDF, 188KB)
​32-14 ​Enforcement Notice issued by Gold Coast City Council who reasonably believes that assessable development has been carried out without a permit. (​PDF, 205KB)
​31-14 ​Enforcement Notice issued by Mackay Regional Council who reasonably believes that plumbing and drainage on the premises is in a condition, or functions in a way, that constitutes a danger or health risk. ​(PDF, 259KB)
​30-14 ​Enforcement Notice issued by Mackay Regional Council who reasonably believes that assessable development has been carried out without a permit. ​(PDF, 367KB)
​29-14 ​Enforcement Notice issued by Mackay Regional Council who reasonably believes that assessable development has been carried out without a permit. ​(PDF, 311KB)
28-14 ​Enforcement Notice issued by Mackay Regional Council who reasonably believes that plumbing and drainage on the premises is in a condition, or functions in a way, that constitutes a danger or health risk. ​(PDF, 225KB)
​27-14 ​Enforcement Notice issued by Mackay Regional Council who reasonably believes that the dwelling located on the premises is dangerous. ​(PDF, 262KB)
​19-14 Enforcement Notice issued by Moreton Bay Regional Council who reasonably believes that the dwelling located on the premises is dangerous. ​(PDF, 215KB)
​14-14 ​Enforcement Notice issued by Brisbane City Council who reasonably believes the dwelling on the premises is dangerous.
(Refer Planning and Environment Court Judgement 3154/14).
​(PDF, 276KB)
​39-13 ​Enforcement Notice issued by Brisbane City Council for the occupation of the premise without a Certificate of Classification. ​(PDF, 95KB)
36-13 ​Enforcement Notice issued by Brisbane City Council for the use of premises for a purpose other than for what it was approved. ​(PDF, 107KB)
33-13​ Enforcement Notice issued by Fraser Coast Regional Council requiring the use of a building as a Night Club to cease until such time as a valid Certificate of Classification is obtained and evidence provided that Performance Requirements of the Building Code of Australia (BCA) have been satisfied. ​ (PDF, 103KB) ​
​22-13 ​Enforcement Notice issued by Brisbane City Council on the grounds that Assessable Development has been carried out without a permit and the development does not comply with conditions of the Development Approval.
(Refer Planning and Environment Court No. 3626/13)
​(PDF,95KB)
20-13​ Appeal against an Enforcement Notice issued by Brisbane City Council on the grounds that assessable development has been carried out without a permit and that a development offence may have been committed.​ (PDF, 105KB)​
14-13 Enforcement Notice for carrying out assessable development without a permit and contravening a development approval​. (PDF, 85KB)​
12-13​ An Enforcement Notice was issued by the Brisbane City Council in relation to the alleged contravention of a condition in the building development approval and the alleged use of the premises for a purpose that is not a lawful use​. (PDF, 88KB)​
11-13​ Appeal against Enforcement Notice for carrying out assessable development without a permit. ​ (PDF, 92KB) ​
08-13 Enforcement notice for the building of a cubby house without a development permit​. (PDF, 63KB)​
07-13 Enforcement notice the failure with the operations of an on-site septic system and receiving trenches​. (PDF, 93KB)​
05-13​ Enforcement notice for conversion of Class 10a shed to Class 1a dwelling without effective development approval​. (PDF, 90KB)​
02-13 Enforcement notice requiring the construction of a new retaining wall forming part of a swimming pool wall barrier to replace an existing structure that Council consider dangerous​. (PDF, 86KB)​
52-12 Enforcement notice for a premises Council consider is unfit for use or occupation.​ (PDF, 97KB)​
51-12 Enforcement for swimming pool non-compliant with pool safety standards​. (PDF, 163KB)​
48-12 Enforcement notice for carrying out assessable development without a permit and contravening a development approval.​ (PDF, 462KB)​
28-12 Enforcement notice for earthworks not retained. (PDF, 82KB)
24-12 Enforcement notice for carrying out assessable development without a permit​. (PDF, 86KB)
16-12 Enforcement noticed issued for a non-complying sand filter​. (PDF, 96KB)​
14-12 Enforcement notice for building works carried out without an effective development permit​. (PDF, 84KB)​
11-12 Enforcement notice for carrying out assessable development without a permit​. (PDF, 184KB)
08-12 Enforcement notice for installation of a solar hot water system​. (PDF, 80KB)​
02-12 Enforcement notice for erection of carport awning without effective an development permit​. (PDF, 102KB)​
87-11 Enforcement notice for alternative method of stormwater disposal not approved by Council​. (PDF, 92KB)​
82-11​ Enforcement notice for carrying out construction of a retaining wall and filling without an effective development permit​. (PDF, 77KB)​
80-11 Enforcement notice for development approval obtained for construction of an unroofed deck​. (PDF, 90KB)​
71-11 Enforcement notice for the misuse of a building’s classification​. (PDF, 101KB)​
68-11​ Enforcement notice for a demountable structure placed without obtaining development approval​. (PDF, 83KB)​
50-11​ Enforcement notice for the retaining walls on adjoining boundary.
(Refer Planning and Environment Court Judgement 982 of 2012)​
(PDF, 109KB)​
32-11 Enforcement notice for the installation of backflow prevention devices.​ (PDF, 88KB)​
26-11​ Enforcement notice for an alleged development offence for the construction of a boundary fence exceeding 2.0 metres in height without a permit​. (PDF, 83KB)​
17-11 Enforcement notice for an on-site sewage treatment plant​. (PDF, 91KB)​
13-11 Enforcement notice for carrying out assessable development without a permit and non compliance of development approval. (PDF, 87KB)
11-11 Enforcement notice for carrying out assessable development without a permit and non compliance of development approval. (PDF, 94KB)
91-10 Enforcement notice regarding a carport that Council deems to be dangerous. (PDF, 169KB)
65-10 Enforcement notice for non-compliant pool fencing. (PDF, 97KB)
49-10 Enforcement notice requiring demolition of a dangerous building. (PDF, 101KB)
40-10 Enforcement notice for building works without a development permit. (PDF, 178KB)
34-10 Enforcement notice for non-compliant pool fencing. (PDF, 92KB)
29-10 Enforcement notice for operational works (filling) without development approval.

(Refer Supreme Court Judgement 10579 of 2010)
(PDF, 93KB)
27-10 Enforcement notice for a carport within the front boundary setback and a roofed patio. (PDF, 87KB)
09-10 Enforcement notice for carrying out assessable work without a permit. (PDF, 96KB)
03-10 Enforcement notice for carrying out assessable work without a permit. (PDF, 96KB)
02-10 Enforcement notice for swimming pool fencing. (PDF, 81KB)
3-09-090 Enforcement notice for plumbing and drainage issued without Council approval. (PDF, 124KB)
3-09-083 Enforcement notice related to a retaining wall. (PDF, 111KB)
3-09-069 Enforcement notice requiring the repair, rectification or demolition of a building deemed dangerous by Council. (PDF, 134KB)
3-09-069 Enforcement notice issued for the repair, rectification or demolition of an office building that Council deemed to be dangerous, in a dilapidated condition and unfit for use or occupation. (PDF, 288KB)
3-09-052 Enforcement notice related to earth banks. (PDF, 109KB)
3-09-045 Enforcement notice for a boundary fence. (PDF, 112KB)
3-09-040 Enforcement notice for carrying out assessable work without a permit. (PDF, 101KB)
3-09-033 Enforcement notice for carrying out assessable work without a permit. (PDF, 113KB)
3-09-032 Enforcement notice for carrying out assessable work without a permit. (PDF, 119KB)
3-08-68 Enforcement notice issued by Sunshine Coast Regional Council requiring swimming pool fencing to comply with fencing standards. (PDF, 146KB)
3-08-64 Enforcement notice issued by Sunshine Coast Regional Council requiring swimming pool fencing to comply with fencing standards. (PDF, 154KB)
3-08-58 Enforcement notice issued by Fraser Coast Regional Council requiring the applicant to obtain a development approval for a fence exceeding two metres in height already erected on the rear boundary. (PDF, 138KB)
3-08-44 Enforcement notice issued by Toowoomba Regional Council for the removal of a class 1a building constructed within the prescribed minimum street setback. (PDF, 139KB)
3-08-37 Enforcement notice issued by Gold Coast City Council requiring the owner not to occupy units converted from breezeway and office space until made compliant. (PDF, 78KB)
3-08-33 Enforcement notice issued by Tablelands Regional Council related to a class 10a (shed) which Council reasonably believes is in a dilapidated condition and is a danger to persons. (PDF, 108KB)
3-08-21 Enforcement notice issued by Toowoomba Regional Council requiring a large fence structure to be removed or reduced in height to below 2m above ground level. (PDF, 72KB)
3-07-85 Enforcement notice issued by Gold Coast City Council for building works, namely for construction of a house being undertaken without a necessary preliminary approval. (PDF, 83KB)
3-07-80 Enforcement notice issued by Gold Coast City Council requiring the applicant to rectify the portions of a boundary fence that was deemed dilapidated and in a dangerous state. (PDF, 65KB)
3-07-48 Enforcement notice issued by Maroochy Shire Council requiring a swimming pool to be fenced to current standards. (PDF, 62KB)
3-07-43 Enforcement notice issued by Toowoomba City Council requiring the removal of a covered barbecue area and garden shed, erected within the 6m street setback. (PDF, 57KB)
3-07-39 Enforcement notice issued by Redland Shire Council in relation to an existing pool that Council reasonably believes is dangerous, and is not in accordance with legislative requirements. (PDF, 65KB)
3-07-26 Enforcement notice issued by Bundaberg City Council for use of a class 10 building for residential purposes without approval by the Local Government. (PDF, 46KB)
3-07-15 Enforcement Notice issued by Douglas Shire Council for non-compliant pool fencing and inadequate swimming pool security. (PDF, 59KB)
3-07-10 Enforcement notice issued by Burnett Shire Council requiring the upgrade of an existing on-site sewerage facility that constitutes a health risk to occupiers of the premises or the public. (PDF, 44KB)
3-07-05 Toowoomba City Council decision to issue an enforcement notice in relation to a carport on siting grounds. (PDF, 58KB)
3-06-104 Enforcement notice issued by Redland Shire Council requiring a swimming pool to be fenced to current standards. (PDF, 75KB)
3-06-68 Enforcement notice issued by Caboolture Shire Council for the construction of a gazebo without a development permit located within the prescribed boundary setbacks. (PDF, 43KB)
3-06-62 Enforcement Notice issued by Maroochy Shire Council for building work, namely the construction of a deck, stairs, gazebo, spa and a fence without a development permit or approval for a siting variation. (PDF, 64KB)
3-06-51 Enforcement Notice issued by Toowoomba City Council requiring removal of a panel lift door installed to the front of an existing carport situated within the road setback. (PDF, 55KB)
3-06-40 Enforcement Notice issued by Cairns City Council requiring the demolition of a building. (PDF, 60KB)
3-06-37 Enforcement Notice issued by Cairns City Council for building work carried out in contravention to a development permit for construction of a house. (PDF, 64KB)
3-06-34 Enforcement notice issued by Cook Shire Council for construction of a retaining wall not in accordance with a development permit. (PDF, 50KB)
3-06-31 Enforcement notice issued by Cairns City Council requiring the applicant to carry out building work regarding underpinning of the dwelling on the eastern side adjacent to council's sewer line; to ensure that the building work complies with the amended approval. (PDF, 61KB)
3-06-19 Enforcement notice issued by Douglas Shire Council requiring the applicant to rectify balustrades. (PDF, 51KB)
3-06-12 Enforcement notice issued by Maroochy Shire Council, requesting the demolition and removal of a carport constructed within the prescribed minimum setback. (PDF, 71KB)
3-06-1 Enforcement notice issued by Gladstone City Council for carrying out building works in relation to two carports without a development permit. (PDF, 52KB)
3-05-81 Enforcement notice issued by Gold Coast City Council relating to the ceiling height of a ground floor unit. (PDF, 40KB)
3-05-60 Enforcement notice issued by Toowoomba City Council requiring the removal of the panel lift door installed to the front of the carport located within the six metre front boundary setback distance as presently constructed on land described as Lot withheld and situated at "the subject site". (PDF, 43KB)
3-05-6 Brisbane City Council decision to refuse an application for relaxation of boundary setbacks. The application was in response to an enforcement notice issued by Council. (PDF, 62KB)
3-05-44 Enforcement notice issued by Toowoomba City Council requiring a reduction in the height of a partially constructed building. (PDF, 62KB)
3-05-43 Enforcement notice issued by Gold Coast City Council requiring the applicant to rebuild a retaining wall which Council reasonably believes is in a dangerous condition, and which is partly built on the Council Road Reserve. (PDF, 54KB)
3-05-27 Enforcement notice issued by Gold Coast City Council relating to an enclosed and extended carport/garage, and roofed patio which had been erected without a development permit and without an approval for relaxation of setbacks. (PDF, 51KB)
3-05-12 Enforcement notice issued by Bundaberg City Council requiring the owners to cease using a building that Council deemed dangerous. (PDF, 70KB)
3-04-040 The appeal under Section 24 of the Building Act 1975 is against the decision of Brisbane City Council to issue an enforcement notice concerning unlawful building work and change of use to premises. (PDF, 74KB)
3-04-037 The appeal is against a decision of Brisbane City Council to issue an enforcement notice and appeal against action required by the enforcement notice. (PDF, 71KB)
3-04-015 The appeal under Section 24 of the Building Act 1975 is against the decision of Noosa Shire Council to issue an enforcement notice requiring the removal of a carport. (PDF, 54KB)
3-03-033 The appeal under Section 24 of the Building Act 1975 is against a decision of Ipswich City Council to issue an enforcement notice in respect of the safety of part of the glazed roofing over a public access area of the shopping centre. (PDF, 37KB)
3-02-028 The appeal under Section 4.2.13 of the Integrated Planning Act 1997 and Section 24 of the Building Act 1975 is against the decision of Eacham Shire Council to issue an enforcement notice pursuant to Section 22(1) of the Building Act 1975. (PDF, 28KB)
3-01-058 The appeal under Section 4.2.13 of the Integrated Planning Act 1997 is against the decision of Mackay City Council to issue an enforcement notice pursuant to Section 4.3.11 of the Act, as council believes that the portion of the building used for storage is being occupied without the required building approval. The council requires the owner to cease occupation of that part of the building until a building approval has been issued and building work constructed as per the Building Code of Australia. (PDF, 49KB)
3-01-056 The appeal under Section 4.2.13 of the Integrated Planning Act 1997 is against the decision of Redland Shire Council to issue an enforcement notice pursuant to section 22 of the Building Act 1975 in respect to the commencement of building works without a development permit. (PDF, 38KB)
3-01-050 The appeal under Section 24 of the Building Act 1975 is against the decision of Gold Coast City Council to issue an enforcement notice pursuant to Section 22 of the Act, as council reasonably believes a single brick dividing fence is dangerous and unfit for use. (PDF, 43KB)
3-01-044 The appeal under Section 4.2.13 of the Integrated Planning Act 1997 is against the decision of Maroochy Shire Council to issue an enforcement notice in respect of the unlawful use of an unlawfully occupied building. (PDF, 19KB)
3-01-031 The appeal under Section 4.2.13. of the Integrated Planning Act 1997 is against the decision of Caboolture Shire Council to issue an enforcement notice pursuant to Section 4.3.11. of the Integrated Planning Act 1997 requiring plumbing installations to be removed from a garage, a carport to be dismantled and a shed to be located 1.5 metres from the rear boundary. (PDF, 15KB)
3-01-030 The appeal under Section 4.2.13 of the Integrated Planning Act 1997 is against the decision of Brisbane City Council to issue an enforcement notice in respect of the safety of a fence and excavations on the western side boundary of a property. (PDF, 17KB)
3-01-023 The appeal under Section 4.2.13. of the Integrated Planning Act 1997 is against the decision of Livingstone Shire Council to issue an enforcement notice pursuant to Section 22 of the Building Act 1975 in respect to a retaining wall. (PDF, 24KB)
3-01-022 The appeal under Section 4.2.13 of the Integrated Planning Act 1997 is against the decision of Toowoomba City Council to issue an enforcement notice requiring a screen be provided to the window of a bedroom to obstruct direct viewing of the adjacent property. (PDF, 17KB


Last updated 28 April 2017    Creative Commons Attribution 4.0 International (CC BY 4.0)


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