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Environmental Planning and Assessment Act 1979 No 203
Current version for 1 July 2019 to date (accessed 17 September 2019 at 18:17)
Division 8.5 Appeals—development control orders
8.18 Appeals concerning orders
(cf previous s 121ZK)
(1) A person who is given a development control order may appeal to the Court against the order.(2) However, a person may not appeal against a fire safety order given by an authorised fire officer (other than an order that prevents a person using or entering premises).(3) The appeal may be made only:(a) within 28 days after the development control order is given to the person, or(b) if an order is given subsequently that forms part of the development control order, within 28 days after the subsequent order is given to the person.(4) On hearing an appeal, the Court may:(a) revoke the development control order, or(b) modify the development control order, or(c) substitute for the development control order any other order that the relevant enforcement authority who gave the order could have given, or(d) find that the development control order is sufficiently complied with, or(e) make such order with respect to compliance with the development control order as the Court thinks fit, or(f) make such other order with respect to the development control order as the Court thinks fit.
8.19 Awarding of compensation concerning orders
(cf previous s 121ZL)
(1) The Court, on the hearing of an appeal or otherwise, has a discretion to award compensation to a person to whom a development control order is given for any expense incurred by the person as a consequence of the order, including the cost of any investigative work or reinstatement carried out by the person as a consequence of the order.(2) Compensation is to be awarded only if the person seeking the compensation satisfies the Court that the giving of the development control order was unsubstantiated or the terms of the order were unreasonable.(3) A claim for compensation cannot be made more than 28 days after the date on which the Court gives its decision on the appeal or more than 3 months after the date of the development control order if an appeal is not made against the order.(4) Compensation under this section is to be awarded against the relevant enforcement authority who gave the development control order.
8.20 Effect of appeal on order
(cf previous s 121ZN)
If an appeal is duly made to the Court against a development control order, the appeal does not effect a stay of the order.