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What is a council show cause notice and what do I do?

The purpose of the show cause notice is to inform the recipient of the specific issues or calculations that have been identified and to provide them an opportunity to respond to these allegations.

A council show cause notice is a formal communication issued by a governing council or regulatory authority to an individual or organisation. It is typically sent when there are concerns or allegations of non-compliance with rules, regulations, or standards set by the local council. In relation to town planning a show cause notice will most likely be for the operation of a non approved land use or un approved building work. In some instances land owners are not even aware of the need to gain a Council development approval.

 

The purpose of the show cause notice is to inform the recipient of the specific issues or calculations that have been identified and to provide them an opportunity to respond to these allegations. Council typically allows a 3 – 4 week timeframe to respond, but this is dependent on the severity of the non approved works. The notice will outline the alleged non compliance and ask for a written response to be provdied. Failure to respond adequately or address the issues raised in the notice may result in further action by the council, such as penalties, fines, license suspension, or revocation.

 

So, what should you do if you receive a show cause notice and how can Align Planning help? First thing to do is not panic. Council will often outline large fines etc within the show cause notice that may be imposed. The only time these fines are issued is when the responded does not provide any representations and ignores the show cause notice. The fines are more often used to scare people into action.

Second thing to do is send the show cause notice through to Align Planning and we will be able to undertake the following:

  • Provide an initial assessment
  • Outline a solution to satisfy the show cause notice

Once a clear direction is available Align will be able to provide a proposal to respond to the show cause notice and satisfy any concerns raised by Council. Align has good relationships with Council compliance officers and in most circumstances can negotiate an extension to the show cause notice at the time of engagement. This will give us additional time to respond to Councils concerns and remove any immediate concerns of additional fines or the like.

If you have received a show cause notice, contact align planning today and we would be happy to help.