---
title: "Representations in response to a notice of intention to give a development control order (NSW)"
url: "https://ailawframework.com/precedents/planning-and-environment/representations-on-proposed-development-control-order"
type: "precedent"
site: "AI Law Framework"
id: "a12-representations-on-proposed-development-control-order"
area_id: "A12"
kind: "letter"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-18"
---

# 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…

Canonical page: https://ailawframework.com/precedents/planning-and-environment/representations-on-proposed-development-control-order  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Planning & Environment](https://ailawframework.com/precedents/planning-and-environment.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for New South Wales.

## 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

## Authorities

- [Environmental Planning and Assessment Act 1979 (NSW) Sch 5 Part 1 (general orders: stop use, stop work, demolish works, compliance, restore works and others)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1979-203)
- [Environmental Planning and Assessment Act 1979 (NSW) Sch 5 cll 6 to 9 (natural justice requirements; notice of the intention, terms and compliance period of the proposed order and the right to make representations)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1979-203)
- [Environmental Planning and Assessment Act 1979 (NSW) Sch 5 cll 13 to 15 (making, hearing and considering representations; representation by an Australian legal practitioner; determination to give, modify or not give the order)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1979-203)
- [Environmental Planning and Assessment Act 1979 (NSW) ss 8.18 and 8.19 (appeal to the Land and Environment Court within 28 days; compensation where the order was unsubstantiated or its terms unreasonable)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1979-203)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/planning-and-environment/representations-on-proposed-development-control-order and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*