Illegal Development Activity or Land Use

Unauthorised development or building work

Council has a statutory role in ensuring compliance with approvals as well as dealing with unauthorised development. This includes illegal land use or unauthorised building activity.  

We encourage people to undertake their land use activities with proper consent and approvals to avoid causing a nuisance or acting in breach of legislation. We also rely on the community to report unauthorised work and provide evidence to assist Council in taking action.

Compliance Officers use their discretion when dealing with such matters, taking into account the evidence, cost to the community of any action, details of the case, public policy and legal precedent.

Council has a Compliance and Enforcement Policy which guides the approach and response to a range of compliance issues.

Council approval

Unless the development meets the definition of Exempt Development under section 4.1  of the Environmental Planning & Assessment Act 1979,  then a form of approval is required. 

Development standards for Exempt Development can be found in: 

- Cooma-Monaro Shire Council Local Environmental Plan 2013 

- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 

- State Environmental Planning Policy (Transport and Infrastructure) 2021 

If your development does not meet the exempt criteria and does not have another form of approval then your development is an illegal development.