Letter · Planning & Environment
Representations in response to a notice of intention to give a development control order (NSW)
Letter making representations after a notice of proposed order under Sch 5 of the EP&A Act: why the order should not be given, or its terms or compliance period should change, plus the 28-day appeal and compensation steps if it is given.
- Kind
- Letter. A letter or email you adapt and send.
- Where it applies
- New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a NSW owner or occupier receives a notice of intention to give a stop use, demolish works, compliance, restore works or similar development control order and the notice invites representations. Emergency orders, general fire safety orders and orders given without notice need a different, faster response.
How AI may be used
AI may build the chronology and the approvals history from the client’s documents and the council file, and draft the structure of the representations; the lawyer settles the grounds, the factual assertions and the proposed alternative terms.
AI may
- Build a chronology of approvals, certificates, works and council correspondence from the documents provided
- Compare the works or use described in the notice with the approved plans and conditions and list differences for the lawyer
- Calculate the date for representations and, if an order is later given, the 28-day appeal date and the compensation claim periods
AI must not
- Must not assert that works or a use are lawful, approved or exempt unless the lawyer has confirmed it against the approvals
- Must not make admissions about unlawful works or use on the client’s behalf
- Must not propose a compliance period or alternative works without the client’s and the consultants’ input
The lawyer checks
- The type of order, the person it is directed to and the date for representations are taken from the notice itself
- Each ground is supported by documents (consent, certificates, plans, expert advice) attached to the letter
- Nothing in the letter is an admission the client has not authorised, given possible penalty notices or prosecution
- If the order is given, the 28-day appeal period under s 8.18(3) is diarised immediately
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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