A recent decision in the Land and Environment Court serves as a
timely reminder for regulatory authorities when drafting
development control orders (DCOs). Should there be
non-compliance with a DCO and proceedings effectively brought
against the recipient with respect to the same, it is important
that the DCO has been drafted correctly, so as to not give rise to
a challenge of its validity.
What is a DCO?
A DCO is an important regulatory tool that a council may use in
certain circumstances set out in Schedule 5 of the
Environmental Planning and Assessment Act 1979
(EP&A Act). Examples of the varying types of
DCOs include a 'Stop Use Order', 'Stop Work Order',
'Demolish Work Order' and 'Compliance Order'.
