{"id":"nsw:epi-1945-0001","name":"Town and Country Planning (General Interim Development) Ordinance","slug":"town-and-country-planning-general-interim-development-ordinance","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"1 of 1945","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182104,"registerId":"nsw-nsw:epi-1945-0001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div","sectionType":"division","heading":"Citation","content":"## pt.1-div Citation\n\nCitation","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Ordinance","content":"#### 1 Name of Ordinance\n\n1 Name of Ordinance\n\n> This Ordinance may be cited as the [Town and Country Planning (General Interim Development) Ordinance](/view/html/inforce/current/epi-1945-0001).","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Division into Parts","content":"#### 2 Division into Parts\n\n2 Division into Parts\n\n> This Ordinance is divided into Parts as follows:\n> \n> > PART 1—PRELIMINARY\n> \n> > PART 2—DEVELOPMENT PERMITTED BY THIS ORDINANCE\n> \n> > PART 3—DEVELOPMENT WHICH MAY BE PERMITTED BY THE INTERIM DEVELOPMENT AUTHORITY\n> \n> > PART 4—SUPPLEMENTARY PROVISIONS\n> \n> > SCHEDULES","sortOrder":3},{"sectionNumber":"pt.1-div-oc.2","sectionType":"division","heading":"Interpretation","content":"## pt.1-div-oc.2 Interpretation\n\nInterpretation","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Ordinance, unless the contrary intention appears:\n> \n> Advisory committee has the meaning ascribed to it in Part 12A of the Act.\n> \n> Area includes county district to the council of which has been lawfully delegated the power to prepare a scheme under Part 12A of the Act.\n> \n> Existing building means:\n> \n> > (a) a building on land included or deemed to be included in a scheme for the preparation of which a resolution has taken effect or has been deemed to have taken effect or a direction has been given by the Minister, as the case may be, and erected before the date upon which the said resolution took effect or was deemed to take effect or before the date upon which notice of the said direction was published in the Gazette, or\n> \n> > (b) a building the erection of which was commenced before and lawfully completed after such date, or\n> \n> > (c) a building lawfully erected after such date in pursuance of a contract made before that date, or\n> \n> > (d) a building the erection of which is permitted by or under this Ordinance and which has been erected.\n> \n> Government department includes any statutory body representing the Crown.\n> \n> Interim development authority means the council of the area in which the land proposed to be developed is situated and includes the Minister in any case where he is authorised by or under the Act to permit interim development; and development, interim development and interim development application have the meanings ascribed to them respectively in Division 7 of Part 12A of the Act: Provided that in the Cumberland County District the interim development authority shall in respect of development by a Government department affecting three or more areas, be the Cumberland County Council.\n> \n> Mine has the meaning ascribed to it in the Mines Inspection Act 1901–1945, and the Coal Mines Regulation Act 1912–1941, but does not include a quarry.\n> \n> Public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government department or by or under any Commonwealth or State Act, that is to say:\n> \n> > (a) railway, tramway, road transport, water transport, air transport, wharf, harbour or river undertakings,\n> \n> > (b) undertakings for the supply of water, hydraulic power, electricity or gas,\n> \n> and any reference to a person carrying on any such undertaking shall be deemed to include a reference to a council, Government department, company, firm or authority carrying on such undertaking.\n> \n> Quarry has the meaning ascribed to it in the Mines Inspection Act 1901–1945.\n> \n> Scheme means a scheme other than a scheme varying a prescribed scheme.\n> \n> The Act means the [Local Government Act 1919](/view/html/repealed/current/act-1919-041), as amended by subsequent Acts.\n> \n> War damage has the same meaning as in the [National Security (War Damage to Property) Regulations](http://www.legislation.gov.au/) made under the (Commonwealth) [National Security Act 1939–1943](http://www.legislation.gov.au/).\n> \n> **cl 3:** Am 28.3.1947.","sortOrder":5},{"sectionNumber":"3A","sectionType":"section","heading":"Excluded land","content":"#### 3A Excluded land\n\n3A Excluded land\n\n> This Ordinance does not apply to land to which the following environmental planning instruments apply:\n> \n> > Tenterfield Local Environmental Plan 1986\n> \n> **cl 3A:** Ins 19.12.1986.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Development permitted by this Ordinance","content":"# Part 2 Development permitted by this Ordinance\n\nPart 2 Development permitted by this Ordinance","sortOrder":7},{"sectionNumber":"pt.2-div","sectionType":"division","heading":null,"content":"## pt.2-div","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Permitted development","content":"#### 4 Permitted development\n\n4 Permitted development\n\n> > (1) Except as provided in and subject to clause 5 of this Ordinance, interim development of the following classes may be carried out, that is to say:\n> > \n> > > Class I—Development (other than the erection of permanent buildings or the construction of roads and bridges) which may be carried out under powers conferred by any Act being an Act which specifically designates the land in respect of which those powers may be exercised.\n> > \n> > > Class II—Development by a person carrying on a public utility undertaking, expressly permitted or authorised to be carried out by the competent authority under any Commonwealth or State Act, before the provisions of Division 7 of Part 12A of the Act became applicable to the land upon which such development was so permitted or authorised.\n> > \n> > > Class III—The rebuilding, restoration or replacement of buildings and plant which have sustained war damage or damage by fire, flood, lightning, storm or accident, except operations of this kind involving:\n> > > \n> > > > (a) an increase in the size of any building as it existed immediately before the occurrence of the damage, or\n> > > \n> > > > (b) the alteration (other than minor alteration) of the exterior of any such building.\n> > \n> > > Class IV—The carrying out of alterations to existing buildings and of operations required for the maintenance of existing buildings except alterations affecting the exterior of, or required in connection with an alteration of the use of, any existing building.\n> > \n> > > Class V—Development of any description specified in Schedule 1 to this Ordinance.\n> > \n> > > Class VI—Development by the Housing Commission of New South Wales.\n> \n> > (2) For the purpose of this clause any development authorised by or under an Act subject to the grant of any consent or approval shall not be deemed to be so authorised unless and until that consent or approval is obtained.\n> \n> **cll 4:** Am 16.4.1948.","sortOrder":9},{"sectionNumber":"pt.2-div-oc.2","sectionType":"division","heading":"Exceptions from permitted development","content":"## pt.2-div-oc.2 Exceptions from permitted development\n\nExceptions from permitted development","sortOrder":10},{"sectionNumber":"5","sectionType":"section","heading":"Exceptions from permitted development","content":"#### 5 Exceptions from permitted development\n\n5 Exceptions from permitted development\n\n> > (1) Subject to this clause the provisions of subclause (1) of clause 4 of this Ordinance shall not apply in the following circumstances, that is to say, where the Governor:\n> > \n> > > (a) is satisfied that it is expedient having regard to any proposal for the redevelopment of any locality or to any special circumstances affecting that locality, that development of any description specified in subclause (1) of the said clause 4 should not be carried out in that locality unless permission therefor is granted on application made under this Ordinance, or\n> > \n> > > (b) is satisfied that it is expedient having regard to the provisions which in his opinion are likely to be or ought to be included in the scheme, that any development by a person carrying on a public utility undertaking, being development of Class II and not being development of any other class specified in subclause (1) of the said clause 4, should not be carried out unless permission therefor is granted on application made under this Ordinance, or\n> > \n> > > (c) is satisfied, on representations made by the interim development authority, that it is expedient having regard to provisions proposed to be included in the scheme, that any development, being development of Class III and not being development of any other class specified in subclause (1) of the said clause 4, should not be carried out unless permission therefor is granted on application made under this Ordinance,\n> > \n> > and the Governor directs that the relevant provisions of the said subclause shall not apply to that development.\n> \n> > (2) A direction under paragraph (a) of subclause (1) of this clause may relate to development of any one or more of the classes specified in subclause (1) of the said clause 4, or to development of any particular description comprised in any of those classes:\n> > \n> > Provided that no such direction shall have effect in relation to the following development, that is to say:\n> > \n> > > (a) in the case of development of Class III, the restoration or replacement of plant, the carrying out of operations immediately necessary in consequence of war damage or damage by fire, flood, lightning, storm or accident for avoiding danger to health or preventing the deterioration of any building or otherwise required for temporarily meeting the circumstances created by the damage, and the carrying out of any operations for the rebuilding, restoration or replacement of buildings which have sustained any such damage the cost of which does not exceed such amount as may be specified, in relation to operations of that description, in the direction,\n> > \n> > > (b) in the case of development of Class IV, the carrying out of alterations to, or operations required for the maintenance of, any existing building the cost of which does not exceed such amount as may be specified in the direction,\n> > \n> > > (c) in the case of development of Class V, the carrying out in case of emergency of any development of that class, or the carrying out of development of any description specified in the first column of Schedule 2 to this Ordinance to the extent specified in relation thereto in the second column of that Schedule.\n> \n> > (3)\n> > \n> > > (a) Where a direction is given under this clause the Minister shall publish a notice of that fact in the Gazette and in a newspaper circulating in the locality to which the direction relates and shall cause a copy of the notice published in the Gazette to be served by post upon the interim development authority concerned.\n> > \n> > > (b) Such notice shall contain a concise statement of the effect of the direction together with information as to the place at which a copy thereof and of a map defining the locality to which it relates may be seen at all reasonable hours.\n> > \n> > > (c) Such direction shall come into force on the date upon which notice thereof is published in the Gazette, but without prejudice to anything done before that date.\n> \n> > (4) Where a direction given under paragraphs (b) and (c) of subclause (1) of this clause has come into force, the interim development authority shall serve notice thereof:\n> > \n> > > (a) in the case of a direction given pursuant to paragraph (b) of subclause (1) of this clause, on the person for the time being carrying on the public utility undertaking,\n> > \n> > > (b) in the case of a direction given pursuant to paragraph (c) of subclause (1) of this clause, on the owner and occupier of the land affected and in any case where the direction relates to war damage the War Damage Commission constituted under the (Commonwealth) [National Security (War Damage to Property) Regulations](http://www.legislation.gov.au/) made under the (Commonwealth) [National Security Act 1939–1943](http://www.legislation.gov.au/).\n> \n> > (5)\n> > \n> > > (a) Before any development of Class VI is commenced particulars of the proposed development illustrated by maps and drawings shall be furnished by the Housing Commission of New South Wales to the interim development authority,\n> > \n> > > (b) Where the interim development authority objects to any such development it may serve notice of such objection upon the Housing Commission of New South Wales and the Minister for Local Government. Every such notice shall state the grounds upon which the objection to the proposed development is based and shall be served within fourteen days after receipt of the particulars referred to in paragraph (a) of this subclause and not otherwise,\n> > \n> > > (c) Where notice of objection to any proposed development of Class VI is given in pursuance of paragraph (b) of this subclause, the development shall not be carried out until the objection has been determined by the Minister,\n> > \n> > > (d) The Minister may allow the objection or may dismiss the objection unconditionally or subject to the proposed development being carried out under such conditions as the Minister may think proper to impose but the Minister, before determining the objection shall, if either the interim development authority or the Housing Commission of New South Wales so desires, afford them the opportunity of appearing before and being heard by a person appointed by the Minister for that purpose,\n> > \n> > > (e) Where an objection has been allowed by the Minister the development to which that objection relates shall not be carried out.\n> \n> **cll 5:** Am 16.4.1948.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Development which may be permitted by the interim development authority","content":"# Part 3 Development which may be permitted by the interim development authority\n\nPart 3 Development which may be permitted by the interim development authority","sortOrder":12},{"sectionNumber":"pt.3-div","sectionType":"division","heading":null,"content":"## pt.3-div","sortOrder":13},{"sectionNumber":"6","sectionType":"section","heading":"Applications for development","content":"#### 6 Applications for development\n\n6 Applications for development\n\n> > (1) Development which is not permitted by this Ordinance shall not be carried out except with the permission of the interim development authority.\n> \n> > (2) Application for such permission shall be made in writing to the interim development authority and shall be accompanied by a plan in triplicate sufficient to identify the land to which the application relates (hereinafter called a site-plan) and particulars, illustrated by maps and drawings in triplicate, sufficient to show the proposed development:\n> > \n> > Provided that it shall not be necessary to furnish maps and drawings, other than a site-plan, in any case where the proposed development is sufficiently described by the particulars together with the site-plan, or where the application is expressed to be an application for general permission conditioned on the subsequent approval by the interim development authority, or by the Minister on appeal, of the particulars of the proposed development.","sortOrder":14},{"sectionNumber":"pt.3-div-oc.2","sectionType":"division","heading":"Special types of applications","content":"## pt.3-div-oc.2 Special types of applications\n\nSpecial types of applications","sortOrder":15},{"sectionNumber":"7","sectionType":"section","heading":"Special types of applications","content":"#### 7 Special types of applications\n\n7 Special types of applications\n\n> In any case where:\n> \n> > (a) in pursuance of the Act (except Part 12A thereof) or of an Ordinance made under the Act (except the said Part), or\n> \n> > (b) in pursuance of the [Sydney Corporation Act 1932](/view/pdf/asmade/act-1932-58), as amended by subsequent Acts, or of a By-law made thereunder,\n> \n> an application is made for approval to erect a building or for approval of building plans or for approval to open a public road or a public way or to subdivide land and such application has not been determined prior to the date upon which the provisions of Division 7 of Part 12A of the Act became applicable to the land to which the application relates, such application, if accompanied by such plans, particulars, maps and drawings as are required in the case of an interim development application under this Part of this Ordinance and if the proposed development is not development which is permitted by this Ordinance, shall be deemed to be an interim development application under this Part of this Ordinance and shall be dealt with accordingly.\n> \n> **cl 7:** Subst 28.3.1947.","sortOrder":16},{"sectionNumber":"pt.3-div-oc.3","sectionType":"division","heading":"Applications relating to works for making good war damage","content":"## pt.3-div-oc.3 Applications relating to works for making good war damage\n\nApplications relating to works for making good war damage","sortOrder":17},{"sectionNumber":"8","sectionType":"section","heading":"Applications relating to works for making good war damage","content":"#### 8 Applications relating to works for making good war damage\n\n8 Applications relating to works for making good war damage\n\n> Where application is made in accordance with the provisions of this Ordinance for permission for the rebuilding, restoration or replacement of any building which has sustained war damage, the interim development authority shall not be entitled to refuse permission and shall not be entitled to impose conditions upon the grant thereof, unless it is satisfied that it is expedient so to do on the ground:\n> \n> > (a) that the design or external appearance of the building would seriously injure the amenity of the neighbourhood, and is reasonably capable of modification, or\n> \n> > (b) that the building would not conform with a provision intended to be included in the scheme for fixing, in relation to a road or proposed road, a building line, or\n> \n> > (c) that the building or the proposed use thereof would conflict with provisions intended to be included in the scheme for the reservation of the land or for regulating the use of the buildings permitted thereon, and that it would be necessary in the interests of the scheme to secure the removal or alteration of the building or prohibit the use thereof,\n> \n> or unless the building is comprised in a locality in respect of which a direction, under clause 5 of this Ordinance, is in force with respect to development of Class III.","sortOrder":18},{"sectionNumber":"pt.3-div-oc.4","sectionType":"division","heading":"Applications relating to mine buildings","content":"## pt.3-div-oc.4 Applications relating to mine buildings\n\nApplications relating to mine buildings","sortOrder":19},{"sectionNumber":"9","sectionType":"section","heading":"Applications relating to mine buildings","content":"#### 9 Applications relating to mine buildings\n\n9 Applications relating to mine buildings\n\n> Where application is made in accordance with the provisions of this Ordinance by the owner or lessee of a mine for permission for the erection upon the mine of any building required in connection with the mining, working, treatment or disposal of minerals, or for the alteration or extension of any such building, the interim development authority shall not be entitled to refuse permission, and shall not be entitled to impose conditions upon the grant thereof, unless it is satisfied that it is expedient so to do on the ground:\n> \n> > (a) that the design or external appearance of the building as proposed to be erected, altered or extended, would seriously injure the amenities of the neighbourhood, and is reasonably capable of modification, or\n> \n> > (b) that the proposed building or extension ought to be, and can reasonably be, situated elsewhere upon such mine,\n> \n> or unless the mine is comprised in a locality in respect of which a direction under clause 5 of this Ordinance is in force with respect to development of any description specified in clause 7 of Schedule 1 to this Ordinance.","sortOrder":20},{"sectionNumber":"pt.3-div-oc.5","sectionType":"division","heading":"Consultation","content":"## pt.3-div-oc.5 Consultation\n\nConsultation","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Consultation","content":"#### 10 Consultation\n\n10 Consultation\n\n> An interim development authority shall, in connection with the determination of any application made to it in accordance with the provisions of this Ordinance, consult with the following:\n> \n> > (a) where the interim development authority is a county council to which the power to prepare a scheme within the county district has been delegated, the council of the area included in the county district in which the land to which the application relates is situated,\n> \n> > (b) where the interim development authority is a council which is not a county council and the development to which the application relates would affect any matter or thing with respect to which a power or duty has been delegated to a county council, the county council,\n> \n> > (c) where it appears to the interim development authority that the development to which the application relates would be likely to affect land in the area of any other interim development authority, or land to which a prescribed scheme applies, that other interim development authority or, as the case may be, the responsible authority under the prescribed scheme,\n> \n> > (d) where the interim development authority is a constituent member of a joint committee constituted for the purpose of the preparation of a scheme, that joint committee,\n> \n> > (e) where it appears to the interim development authority or where the interim development authority is informed that the development to which the application relates would be likely to affect any Government department including a Government department which is the applicant, the Government department concerned,\n> \n> > (f) any authority, body or person specified in any direction given by the Minister:\n> \n> Provided that it shall not be necessary for the interim development authority to consult with any body specified in paragraphs (a) to (e) both inclusive of this clause in any case where that body has given notice to the interim development authority stating that during the continuance in force of the notice it does not require to be consulted.","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":null,"content":"# Part 4\n\nPart 4","sortOrder":23},{"sectionNumber":"pt.4-div","sectionType":"division","heading":"Supplementary provisions","content":"## pt.4-div Supplementary provisions\n\nSupplementary provisions","sortOrder":24},{"sectionNumber":"11","sectionType":"section","heading":"Supplementary provisions","content":"#### 11 Supplementary provisions\n\n11 Supplementary provisions\n\n> Any power conferred by this Ordinance to give a direction or notice shall be construed as including power to cancel or vary the direction and notice by a subsequent direction or notice as the case may require.","sortOrder":25},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Development of Class V permitted under clause 4 of this Ordinance","content":"# Schedule 1 Development of Class V permitted under clause 4 of this Ordinance\n\nSchedule 1 Development of Class V permitted under clause 4 of this Ordinance","sortOrder":26},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Development excepted from restrictions under paragraph (c) of the proviso to subclause (2) of clause 5 of this Ordinance","content":"# Schedule 2 Development excepted from restrictions under paragraph (c) of the proviso to subclause (2) of clause 5 of this Ordinance\n\nSchedule 2 Development excepted from restrictions under paragraph (c) of the proviso to subclause (2) of clause 5 of this Ordinance\n\n| Description of development | Extent of exception from restriction |\n|  | (a) Maintenance of railway stations, bridges and buildings.(b) Alteration and maintenance of railway track, and provision and maintenance of track equipment, including signal-boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail. |\n|  | (a) Maintenance of buildings and other structures and erections.(b) Provision, alteration and maintenance of equipment, including signalling apparatus and other appliances and works required in connection with the movement of traffic by road. |\n|  | (a) Maintenance of buildings, quays, wharves, jetties and the like.(b) Provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a dock, quay, harbour, wharf, jetty or the like.(c) In the case of an undertaking which includes a railway:(i) maintenance of railway stations, bridges and buildings,(ii) alteration and maintenance of railway track and provision and maintenance of track equipment, including signal-boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail. |\n|  | (a) Maintenance of aerodromes, buildings, wharves, jetties and the like.(b) Provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required in connection with the movement of traffic by air. |\n|  | (a) Extension, alteration and maintenance of plant or other structures or erections.(b) Maintenance of any other building. |\n|  | (a) Extension, alteration and maintenance of plant or other structures or erections required for the winning, working, treatment or disposal of minerals.(b) Maintenance of any other buildings used for those purposes.(c) Winning and working of minerals by underground working.(d) Deposit of waste materials or refuse in connection with the winning or working of minerals in any part of a mine which was used for that purpose at the commencement of this Ordinance, whether or not the superficial area of the deposit is thereby extended. |\n|  | All development so permitted. |","sortOrder":37}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"On its face the Ordinance defines the scope and procedures for interim development rather than purporting to alter the underlying statutory definitions in the referenced Act. It operationalises which classes of work may proceed and when permission is required, and sets exceptions and notification processes (cls.3,4,5,6,10,11), but contains no express provision that amends or narrows the stated meanings in Division 7 of Part 12A."},"complexity_factors":["Extensive cross-references to external statute and scheme definitions (Division 7 of Part 12A of the Local Government Act) increasing legal interdependence (cl.3)","Multiple classes of permitted development with detailed carve-outs and numeric schedules (cl.4; Schedule 1)","Ministerial and Governor directions that can remove class-wide permissions for specified localities, with Gazette publication and local notice requirements (cl.5(1)–(3))","Discretionary tests tied to proposed schemes and redevelopment objectives, creating facts‑based judgments (cl.5(1)(a)–(c); cls.8–9)","Special procedural rules for certain applicants (Housing Commission timeline and objection procedure; triplicate plans for applications) raising administrative steps (cl.5(5); cl.6)","Detailed consultation obligations with other councils, county councils, joint committees and government departments adding inter-agency coordination (cl.10)","Technical definitions (existing building, public utility undertaking, mine, quarry, war damage) that determine coverage and exceptions (cl.3; cl.3A)","Schedules 1 and 2 provide fine-grained operational exceptions (e.g. maintenance vs new construction), increasing interpretive complexity (Schedules 1–2)","Powers to vary or cancel previous directions or notices add temporal and regulatory uncertainty (cl.11)"],"plain_english_summary":"This Ordinance sets out a temporary regime for \"interim development\": it lists classes of works that may proceed without full scheme approval and those that must get permission from the interim development authority (normally the local council or, where authorised, the Minister). It also creates exceptions, notice and consultation duties, and publication requirements (cls.3,4–6,10). \n\nIt matters to property owners, utility operators, mines, the Housing Commission and government departments because they bear application and compliance obligations, while councils and the Minister hold discretion to permit, condition or prohibit interim works (cls.4–5,6,8–9,11)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Ordinance was explicitly designed as a temporary ('interim') measure in 1945 to manage development while permanent planning laws were established. However, it has remained in force for over 80 years and has been formally absorbed into the modern NSW planning system as a 'deemed environmental planning instrument.' Its scope has therefore shifted from a short-term stopgap measure to a permanent (if dormant) component of the NSW planning framework."},"complexity_factors":["The legislation is nearly 80 years old, meaning it predates modern planning frameworks by decades and requires knowledge of historical NSW planning law to interpret properly.","It has been reclassified as a 'deemed environmental planning instrument' under the Environmental Planning and Assessment Act 1979, creating a legal fiction that bridges two entirely different legislative eras.","The interaction between this 1945 Ordinance and the modern NSW planning system (including local environmental plans and state environmental planning policies) is potentially complex and unclear.","The document provided contains only metadata and status information — the actual operative provisions of the Ordinance are not visible, making it impossible to assess the substantive complexity of the rules themselves.","Its 'interim' label belies its extraordinary longevity, which may cause confusion about its intended scope and continued relevance.","Limited or no recent case law or guidance is likely to exist on its current application, making legal advice difficult to obtain."],"plain_english_summary":"This is a very old (1945) NSW planning ordinance that still regulates where and how land may be developed. Treated today as a \"deemed environmental planning instrument\" under the Environmental Planning and Assessment Act, it can affect landowners, developers and councils by operating like a local planning rule. Although unchanged since 1986 and now of limited practical scope, it can still have legal effect in legacy situations, so seek planning or legal advice if it is raised."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1945 Ordinance was clearly emergency post-war legislation focused on interim development control while planning schemes were prepared. However, the inclusion of clause 3A in 1986 (excluding Tenterfield from the Ordinance because a modern Local Environmental Plan applied there) indicates the legislation remained in force over 40 years after its creation, long after its 'interim' purpose should have concluded. This suggests the 'interim' framework became a permanent or semi-permanent planning tool in some areas, significantly extending beyond its original temporary intent."},"complexity_factors":["Multiple nested definitions: 'existing building' has 4 sub-paragraphs with date-dependent conditions","Cross-references to external legislation: Local Government Act 1919, Mines Inspection Act, Coal Mines Regulation Act, National Security Act, Sydney Corporation Act 1932","Conditional logic with multiple exceptions: Clause 5 creates exceptions to permitted development, with provisos creating exceptions to those exceptions","Role-switching definitions: 'Interim development authority' changes based on geography (Cumberland County District vs elsewhere) and project type (Government departments affecting 3+ areas)","Schedule-dependent permissions: Class V development requires cross-referencing two detailed schedules with 10 clauses and multiple sub-exceptions each","Temporal dependencies: Multiple provisions hinge on dates when 'Division 7 of Part 12A of the Act became applicable' to specific land","Consultation requirements with 6 different entity types plus Ministerial directions (clause 10)","Amendment history embedded in text (1947, 1948 amendments noted) creating version complexity"],"plain_english_summary":"This is a 1945 New South Wales planning law that sets temporary rules for building and development while official town planning schemes are being prepared.\n\n**What it does:**\n- **Creates a holding pattern:** While councils prepare formal planning schemes (detailed land-use plans), this Ordinance controls what development can happen in the meantime. This is called \"interim development\" control.\n- **Lists automatic approvals:** It identifies six \"classes\" of development that don't need special permission during this interim period:\n  - **Class I:** Development authorised by specific Acts of Parliament\n  - **Class II:** Public utility works (railways, power, water) already approved under other laws\n  - **Class III:** Rebuilding after war damage or disasters (fire, flood, etc.) — provided the building isn't made bigger or its exterior significantly changed\n  - **Class IV:** Maintenance and alterations to existing buildings (unless changing the exterior or use)\n  - **Class V:** Specific works listed in Schedule 1 (detailed exceptions for railways, mines, utilities, drainage)\n  - **Class VI:** Housing Commission developments (with some consultation requirements)\n\n**Who decides:**\n- The \"interim development authority\" — usually the local council, but sometimes the Minister or the Cumberland County Council (for Sydney-area projects affecting multiple councils)\n\n**Special protections:**\n- **War damage:** Strict limits on refusing permission to rebuild after war damage — councils can only refuse if the design would seriously harm the neighbourhood, conflict with planned road locations, or conflict with intended land use\n- **Mines:** Similar protections for mine buildings — councils can only refuse based on design/amenity or if the building could reasonably go elsewhere on the mine site\n\n**Governor's override:**\nThe Governor can direct that certain areas require permission for developments that would normally be automatic — for example, if an area is slated for major redevelopment.\n\n**Why it matters:**\nThis was emergency post-war legislation. It prevented development chaos while Australia rebuilt after WWII, ensuring councils couldn't arbitrarily block essential reconstruction (especially war damage repairs) while still maintaining some planning control. It represents an early attempt to balance property rights with planned development."}},"importantCases":[],"_links":{"self":"/api/acts/town-and-country-planning-general-interim-development-ordinance","history":"/api/acts/town-and-country-planning-general-interim-development-ordinance/history","analysis":"/api/acts/town-and-country-planning-general-interim-development-ordinance/analysis","conflicts":"/api/acts/town-and-country-planning-general-interim-development-ordinance/conflicts","importantCases":"/api/acts/town-and-country-planning-general-interim-development-ordinance/important-cases","documents":"/api/acts/town-and-country-planning-general-interim-development-ordinance/documents"}}