What are Development Control Orders, and what possible consequences could they have on your development?
What is a Development Control Order?
In general terms, a Development Control Order is an order that requires a person to do something, stop doing something, or comply with an existing approval.
Examples of Development Contol Orders include:
- Stop Work Orders to stop building work or subdivision work;
- Compliance Orders to comply with a planning approval, carry out works associated with subdivision, or do whatever is necessary so that a building complies with relevant development standards
- Stop Use Orders to stop using a premises or building, or to not conduct/stop conducting an activity on the premises;
- Demolish Works Orders to demolish or remove a building;
- Stop Demolition Orders to stop demolishing, or not demolish, a building; and
- Fire Safety Orders to do or stop doing things on a premises for the purposes of fire safety or fire safety awareness.
Who can issue a Development Control Order?
Depending on the situation, a Development Control Order may be issued by:
- A local council;
- the Minister or the Planning Secretary;
- a consent authority (not being the Independent Planning Commission, a Sydney district or regional planning panel, a council or an accredited certifier), but only in connection with a development for which the authority is or has been the consent authority;
- for Fire Safety Orders – the Commissioner or a member of staff of Fire and Rescue NSW, or a member of a permanent fire brigade, as authorised by the Minister for Emergency Services; or
- other public authorities as prescribed by regulations or authorised by the Minister for Planning.
Do I have to be given notice of a proposed Development Control Order?
In most situations, the relevant authority must provide you with notice of their intention to issue a Development Control Order.
Notice does not need to be given for:
- Stop Work Orders;
- some Fire Safety Orders;
- orders given in an emergency; or
- orders given by the Minister of Planning or the Planning Secretary in connection with State Significant Infrastructure.
If a notice is givem, you have a right to make representations to the relevant authority in regards to the proposed order. You can be represented by a legal practitioner for the purposes of doing so.
If a Development Control Order is issued, do I have to be provided with reasons?
Yes. Generally, the reasons will be provided when the Development Control Order is given, except in an emergency.
Can I appeal a Development Control Order?
Yes. A copy of the Development Control Order must be accompanied by a notice stating that you can appeal to the Land and Environment Court against the order, and the period of time within which your appeal can be made.
What happens if I don’t comply with a Development Control Order?
A person who contravenes or fails to comply with a Development Control Order may be found guilty of a criminal offence and liable to a penalty:
- in the case of a corporation, a maximum penalty of $5 mllion and a further $50,000 for each dat the offence continues; or
- in the case of an individual, a maximum penalty of $1 million and a further $10,000 for each day the offence continues.