Council issued an order

A notice of intention to give an order is generally a warning step: it usually sets out the order the council is proposing to make, the reasons for it, and a stated period in which you may make representations before any order is finalised. An order is the formal direction itself, which typically requires you to do or stop doing specified things by a set date and carries consequences for non-compliance. Because the notice-of-intention stage is often the best opportunity to influence the outcome, the exact period for representations and how to use it depend on the facts and are worth checking promptly.

Many council orders carry a right of appeal or review to the NSW Land and Environment Court, including development control orders under the Environmental Planning and Assessment Act 1979 and orders under the Local Government Act 1993. For these orders the appeal period is commonly 28 days from when the order is served, although some orders have different rules and not every order or notice attracts the same right. Lodging an appeal does not by itself suspend an order: unless the Court grants a stay, the compliance date still runs. Whether an appeal is available, and the precise deadline that applies, depends on the type of order and the facts, so the position should be confirmed without delay.

Stop-work orders are generally a type of development control order under the Environmental Planning and Assessment Act 1979 and, because of their urgent nature, they can usually be given immediately without a prior notice of intention. They typically require specified work to stop straight away and may remain in force for a set period, with the possibility of being confirmed or extended. Continuing the work despite the order can expose you to penalties, so it is generally important to understand the order's scope and any review rights quickly rather than ignoring it.

Non-compliance with a council order can have serious consequences: depending on the legislation, the council may be able to carry out the required work itself and recover the cost from the owner, issue penalty notices, or commence proceedings, and unpaid amounts can sometimes be recovered as a charge on the land. Compliance dates in orders are generally enforceable, and missing them can reduce your options and increase your exposure. If meeting a deadline is not feasible, options such as seeking an extension, making representations or exercising any review rights before the date passes are generally worth exploring, as the available options depend on the specific order and circumstances.