The Ordinance revolves around a small set of interlocking concepts: permitted interim development classes, the residual permission requirement, Governor and Ministerial directions, the interim development authority, special procedural rules for certain types of development, consultation obligations, and the schedule-based exceptions.

Permitted development classes. Clause 4 enumerates Classes I to VI. Each class is conceptually different: Class I covers development that is authorised by other Acts when the land is specifically designated for those powers; Class II covers public utility undertakings authorised before Division 7 of Part 12A applied to the land; Class III and IV are repair, restoration and maintenance categories with limits on expansion and exterior alteration; Class V is a catalogue of public utility and public authority works described in Schedule 1; Class VI is development by the Housing Commission of New South Wales (cl 4).

Residual permission rule. The Ordinance creates a default: development not permitted by the Ordinance may not be carried out except with the permission of the interim development authority (cl 6(1)). That produces a bifurcated regime where some work proceeds under statutory exemption, and other work requires an application under the Ordinance.

Governor and Ministerial directions. Clause 5 gives the Governor power to displace the permitted-development regime in particular localities or for particular public-utility Class II works. The Governor must be satisfied that it is "expedient" having regard to redevelopment proposals or scheme provisions. The Governor’s direction must be published in the Gazette and in a local newspaper and copies made available. The Minister is the publication and administrative medium for such directions (cl 5(1)-(3)). The Minister also determines objections to Housing Commission development where an interim development authority has objected (cl 5(5)(c)-(d)).

Interim development authority. The Ordinance defines "interim development authority" as the council of the area in which the land is situated, and includes the Minister where they are authorised under the Act; for the Cumberland County District there is a specific rule where the Cumberland County Council functions for government department development affecting three or more areas (cl 3). The interim development authority is the decision-maker for interim development applications and the body responsible for giving notices to affected parties (cls 6, 5(4)).

Procedural rules and consultation. Applications for permission must be in writing with a site plan in triplicate and additional plans and particulars in triplicate as required (cl 6(2)). The interim development authority must consult with relevant county councils, neighbouring authorities, joint committees, Government departments and any authority specified by Ministerial direction when determining applications (cl 10). Where a body notifies the authority that it does not require consultation during the continuance of the notice, the obligation to consult that body is removed (cl 10, proviso).

Restricted grounds for refusal in specific contexts. The Ordinance reduces the authority’s discretion in particular contexts. For rebuilding after war damage (cl 8) and for mine building applications by the owner or lessee of a mine (cl 9), permission may not be refused and conditions may not be imposed, except where narrow grounds are satisfied. Those grounds include amenity impacts that are reasonably remediable, conflict with intended scheme provisions regarding road building lines or reservations, or where alternative siting on the same mine is reasonable.

Schedules as norms. Schedule 1 operationalises Class V by listing permitted works for specific public utility categories and public agencies, and sets out carve-outs where permitted development does not apply (for example the erection of buildings outside railway limits or overhead lines for electricity in certain circumstances). Schedule 2 lists maintenance or limited activities that remain excepted from restrictions under a clause 5 proviso, therefore allowing specified maintenance operations to proceed even if a direction under clause 5 otherwise removes permitted development.

Definitions and cross-references. Key definitions are located in clause 3. The Ordinance imports the meanings of development-related terms from Division 7 of Part 12A of the Act (cl 3). It also defines "existing building" with a temporal test tied to the date a scheme resolution took effect or a Ministerial direction was published; that definition affects whether a building counts as "existing" for Class III and IV purposes. The Act referenced is the Local Government Act 1919 as amended (cl 3).

The Ordinance affects a defined set of actors by allocating decision authority, notice obligations, permissions and restrictions. The primary affected parties are developers and owners (including Government departments and public utility undertakings), interim development authorities (local councils and sometimes county councils), the Governor and Minister, the Housing Commission of New South Wales, and various authorities and bodies listed for consultation. The text of the Ordinance identifies responsibilities and the procedural position of each.

Landowners, occupiers and developers. Any person proposing development within an area to which the Ordinance applies may be affected. Where the proposed works fall within the permitted classes in clause 4 and Schedule 1 they may proceed without the interim development authority's permission, subject to exceptions. Where the Governor has disapplied permitted development for a locality under clause 5, owners and occupiers must submit an interim development application and obtain permission before proceeding. Owners and occupiers must also be served notice by the interim development authority when a clause 5 direction in force affects Class III development by reason of war damage (cl 5(4)(b)).

Public utility undertakings and Government departments. The Ordinance explicitly targets public utility providers, giving them broad permission for operational works required for movement of traffic and utility functions (Schedule 1). Those undertakings include railways, road transport, water transport, wharf and harbour operations, air transport, and utilities such as water, hydraulic power, electricity and gas (cl 3; Schedule 1). Government departments engaged in public utility undertakings are included in the definition of "person carrying on such undertaking" (cl 3). Public utility undertakings must still observe the carve-outs in Schedule 1, which exclude certain building works, access formation, and other specified activities.

Interim development authorities and councils. The interim development authority, normally the local council where the land is situated, is the decision-maker for developments not permitted by the Ordinance (cl 6(1)). County councils have consultation and delegation roles when scheme preparation powers are lawfully delegated to them (cl 3, cl 10). For Cumberland County there is a specific rule: for development by a Government department affecting three or more areas, the interim development authority is the Cumberland County Council (cl 3). The interim development authority is also required to serve notices under clause 5(4).

The Governor and the Minister. The Governor decides to displace automatic permission in a locality for reasons of expediency tied to redevelopment or scheme provisions (cl 5(1)). The Minister handles the administrative consequences of that decision by publishing directions in the Gazette and a local newspaper and ensuring a copy is served on the interim development authority (cl 5(3)). The Minister also determines objections lodged by interim development authorities to Housing Commission developments after being afforded opportunity for hearing (cl 5(5)(c)-(d)).

Housing Commission of New South Wales. Projects by the Housing Commission fall into Class VI (cl 4). Before commencing Class VI work the Commission must furnish particulars, maps and drawings to the interim development authority (cl 5(5)(a)). If the interim development authority objects within 14 days, the development cannot proceed until the Minister determines the objection (cl 5(5)(b)-(c)). The Minister may impose conditions, allow or dismiss objections, and may provide an opportunity for parties to be heard (cl 5(5)(d)).

Other authorities and bodies for consultation. The Ordinance specifies consultative obligations to county councils, adjoining interim development authorities, joint committees for scheme preparation, Government departments affected by the development and any authority, body or person specified in a Ministerial direction (cl 10). A listed body may opt out by giving a standing notice to the interim development authority indicating it does not require consultation for the notice's duration (cl 10, proviso).

Special interest participants. The War Damage Commission is specifically named as a recipient of notice where a direction relates to war damage (cl 5(4)(b)). Mines owners or lessees who carry out mine-related building works are given a restricted right to permission subject to narrow refusal grounds (cl 9). These provisions thereby directly affect the statutory War Damage arrangements and mine operators.

This Ordinance establishes a set of legal entitlements to carry out certain development without permission, and complementary duties upon authorities to publish, consult, accept or refuse applications under specified thresholds. The key duties and rights fall into permissions for development, the application and decision process, notice and publication duties, consultation obligations, and constrained refusal powers for certain rebuilding and mine works.

Rights to carry out development. Clause 4 grants a conditional right to perform development in Classes I to VI without permission, subject to clause 5 and the limitations set out in Schedule 1. For example, Schedule 1 permits railway undertakings to carry out works required for rail traffic movement on land comprised in their undertaking, but excludes construction of railways and stations, certain buildings, and access formation (Schedule 1, para 1). Similarly, Schedule 1 para 6 permits below-ground works, installation of plant inside buildings and additions to existing generating stations or substations, but excludes erection of overhead lines above ground in particular circumstances (Schedule 1, para 6).

Duty to apply where permitted development does not cover the work. Clause 6(1) creates a duty: if a development is not permitted by the Ordinance, it must not be carried out except with the interim development authority’s permission. Clause 6(2) prescribes the content of an application: a written application with a site plan in triplicate and particulars, maps and drawings in triplicate, unless the particulars together with the site plan are sufficient or the application seeks general permission conditioned on later approval (cl 6(2)).

Publication and notice duties. Clause 5(3) imposes publication duties on the Minister where the Governor gives a direction displacing permitted development. The Minister must publish a notice in the Gazette and a local newspaper and cause a copy of the Gazette notice to be served by post upon the interim development authority (cl 5(3)(a)-(b)). The notice must concisely state the effect of the direction and where a map defining the locality may be inspected (cl 5(3)(b)). The direction takes effect on Gazette publication (cl 5(3)(c)). Where directions under cl 5(1)(b) or (c) apply, the interim development authority must serve notices upon affected parties: public utility operators, owner and occupiers, and the War Damage Commission as relevant (cl 5(4)(a)-(b)).

Consultation duties. Clause 10 requires the interim development authority to consult a set of bodies when determining an application: county councils with delegated scheme preparation powers, county councils where delegated powers would be affected, other interim development authorities where land in different areas might be affected, joint committees preparing schemes, Government departments likely to be affected, and any authority specified by Ministerial direction (cl 10(a)-(f)). A body can opt out by serving a standing notice that it does not require consultation during the notice’s continuance (cl 10, proviso).

Constrained refusal or conditions in specified cases. For rebuilding after war damage, clause 8 restricts refusal and conditions. The interim development authority may refuse or impose conditions only if it is satisfied that the design or external appearance would seriously injure neighbourhood amenity and can reasonably be modified, or that the building would not conform to intended scheme provisions (building lines or reservations), or unless a clause 5 direction for Class III applies (cl 8). For mine buildings, clause 9 imposes a similar constraint: the authority cannot refuse or impose conditions except where amenity injury can reasonably be remedied, or where the building can reasonably be located elsewhere upon the mine, or where a clause 5 direction for specified mine development applies (cl 9).

Housing Commission objection procedure. Clause 5(5) sets out rights and duties for the Housing Commission and the interim development authority. The Commission must furnish particulars, maps and drawings before commencing Class VI development (cl 5(5)(a)). The interim development authority has a 14 day window to serve notice of objection, stating grounds (cl 5(5)(b)). Where an objection is lodged, the development cannot proceed until the Minister determines the objection (cl 5(5)(c)). The Minister may allow or dismiss the objection, including imposing conditions, and must provide a hearing before a person appointed by the Minister if requested (cl 5(5)(d)). Where the Minister allows the objection, the development must not be carried out (cl 5(5)(e)).

Power to vary or cancel directions. Clause 11 clarifies that any power to give a direction or notice includes power to cancel or vary it later. That creates a continuing administrative discretion for the Governor or Minister or other named power-holder to modify previously given directives or notices.

Definition and import rights. Clause 3 imports meanings for "interim development" and related terms from Division 7 of Part 12A of the Act, which means those statutory definitions control the scope of development subject to this Ordinance (cl 3). The Ordinance also establishes an exclusion for land to which the Tenterfield Local Environmental Plan 1986 applies (cl 3A). Those definition and exclusion rules create rights and duties by identifying the persons and land to which other clauses apply.

The text supplied does not specify express criminal penalties, pecuniary penalties or enforcement mechanisms such as inspection powers, infringement notices or remedies for unlawful development. The Ordinance is procedural and permissive in character, focusing on permissions, directions, notice and consultation. The enforcement architecture is therefore implicit in its permission regime: development not permitted by the Ordinance must not be carried out except with the interim development authority's permission (cl 6(1)), and directions under clause 5 can remove previously granted automatic permissions for localities and classes of development (cl 5). That structure creates legal consequences for non-compliance, but the Ordinance does not itself set out the penalties applicable to unauthorised development.

Consequences of non-compliance are left to the wider statutory environment. The Ordinance repeatedly cross-refers to "permission" from the interim development authority and to Acts that authorise development. Where the Ordinance displaces permitted development, a person who proceeds without permission would be acting outside the rights conferred by the Ordinance. The Ordinance does not in its text detail enforcement remedies such as injunction, demolition orders, fines, or retrospective penalties; those must be inferred as matters regulated by the Act and by any other applicable legislation referenced in clause 3 (for example the Local Government Act 1919) or by common law. Any enforcement against unauthorised development therefore depends on the statutory or common-law powers available to the interim development authority, the Minister, or other public bodies under the Act or other statutes referenced by the Ordinance.

Administrative enforcement features. The Ordinance does create administrative levers that affect conduct. Publication and notice requirements (cl 5(3)) and the service of direction notices (cl 5(4)) create a public record that can be relied upon to show whether automatic permission existed at a given time. The Minister’s power to determine objections to Housing Commission developments (cl 5(5)(c)-(d)) is an administrative enforcement mechanism in that it can block development from proceeding. The limited grounds for refusal in the contexts of war damage and mine buildings (cls 8-9) narrow the circumstances in which the interim development authority can refuse, but do not specify criminal or civil sanctions for breach.

Potential enforcement gaps. Because the Ordinance does not specify penalty clauses or an express enforcement process, compliance officers, councils and courts would need to rely on external enforcement provisions in the Act or other statutes. The Ordinance’s procedural obligations,applications in triplicate, consultation duties and publicity,operate as preconditions to lawful development: proceeding without meeting those obligations may leave a development unauthorised and vulnerable to enforcement under applicable law, though the Ordinance does not itself prescribe the enforcement route or sanctions.

The Ordinance explicitly operates in a statutory network. It imports and interacts with the Local Government Act 1919, provisions of Part 12A of that Act, the Sydney Corporation Act 1932, the Mines Inspection Act 1901-1945, the Coal Mines Regulation Act 1912-1941, and Commonwealth National Security regulations dealing with war damage. The text both depends on and defers to those instruments.

Importation of definitions and procedural context. Clause 3 states that "interim development", "development" and "interim development application" have the meanings ascribed to them respectively in Division 7 of Part 12A of the Act. The Ordinance therefore applies only within the definitional and jurisdictional reach given by Division 7 of Part 12A, and any limits, qualifications or definitions contained in that Division will control interpretation. Clause 3 also identifies "The Act" as the Local Government Act 1919 as amended, signalling that the Ordinance is subordinate to and must be read in the context of that Act.

Cross-reference to other Acts authorising development. Clause 4(1) and Schedule 1 treat development authorised by other Acts differently. Class I development is tied to Acts that specifically designate land for the exercise of particular powers. Class II covers public utility development "expressly permitted or authorised" under other Commonwealth or State Acts before Division 7 of Part 12A applied to the land (cl 4(1) and Schedule 1, para 6). Clause 7 expressly deems certain building applications made under the Act (except Part 12A), ordinances under the Act, the Sydney Corporation Act 1932, or by-law approvals to be interim development applications if not determined before Division 7 became applicable to the land. That creates a bridge between applications pending under other statutory regimes and the interim development regime in this Ordinance.

Interaction with Mines and War Damage statutes. Clause 3 takes definitions of "mine" and "quarry" from the Mines Inspection Act 1901-1945 and the Coal Mines Regulation Act 1912-1941. The Ordinance’s substantive clauses for mine buildings (cl 9) and war damage rebuilding (cl 8) reference these statutory contexts. The Ordinance also refers to the Commonwealth National Security (War Damage to Property) Regulations and the National Security Act 1939-1943 for the definition of "war damage" (cl 3).

Relationship with environmental planning instruments. Clause 3A excludes land subject to certain environmental planning instruments: at present the Tenterfield Local Environmental Plan 1986 is listed. That creates a direct interaction where the Ordinance does not apply to land covered by the named instrument. The schedule-like exclusion mechanism suggests further environmental instruments could be listed and hence carve out entire localities from the interim regime.

Ministerial and Governor powers vis a vis scheme-making. Clause 5 allows the Governor, via the Minister, to remove automatic permissions from the Ordinance where it is expedient having regard to proposals for local redevelopment or to scheme provisions likely to be included in a scheme. Schemes are a feature of the Act (cl 3 defines "scheme" as a scheme other than a prescribed scheme). That permits high-level coordination between the Ordinance and the broader scheme-making process in Part 12A of the Act.

Limits and delegation to local authorities and county councils. Clause 10 requires consultation with county councils and other interim development authorities where delegated powers and cross-boundary impacts exist. Clause 3 notes that an "area" includes a county district to the council of which power to prepare a scheme has been lawfully delegated under Part 12A. Those provisions coordinate decision-making and consultation across levels of local government and between local and county-level bodies.

Where the Ordinance is silent. The Ordinance does not set out enforcement penalties, appeal routes or precise timeframes for interim development authority decisions. Those procedural and judicial mechanisms therefore interact with external statutes and common law to determine judicial review, appeal and enforcement options. Practitioners must read the Ordinance alongside the Act and the other statutory instruments it references to understand the complete regulatory framework.

The instrument itself contains embedded amendment annotations that indicate a modest amendment history recorded in the text. The source annotations are the only authority for amendments in this deep dive. The explicit amendment entries and insertions in the text are as follows.

Clause 3 was amended. The annotation "cl 3: Am 28.3.1947" indicates clause 3 received amendment on 28 March 1947. The text of clause 3 includes definitions for advisory committee, area, existing building, government department, interim development authority, mine, public utility undertaking, quarry, scheme, The Act and war damage. The 1947 amendment date indicates at least one historical modification to this definitions clause.

Clauses 4 and 5 were amended. The annotation "cll 4: Am 16.4.1948" and "cll 5: Am 16.4.1948" show that clauses 4 and 5 were amended on 16 April 1948. Clause 4 sets out the six classes of permitted development and clause 5 provides for exceptions where the Governor may displace permitted development in specified localities. The 1948 amendment therefore changed the operative scope or content of permitted development and/or the exceptional powers to displace it.

Clause 7 was substituted. The annotation "cl 7: Subst 28.3.1947" indicates that clause 7, dealing with special types of applications and the deeming of certain pending applications as interim development applications, was substituted on 28 March 1947.

Clause 3A was inserted. The annotation "cl 3A: Ins 19.12.1986" shows that clause 3A, which excludes land to which specified environmental planning instruments apply (currently listing Tenterfield Local Environmental Plan 1986), was inserted on 19 December 1986.

The annotations in the text are the only recorded change-history in the supplied instrument. The Ordinance does not supply further legislative history, dates of commencement beyond the amendment dates, or earlier text versions. No repeal or expiry annotations appear in the supplied material. The substitution and insertions indicate the Ordinance has been adjusted at least in the late 1940s and in 1986 to accommodate changing administrative or planning arrangements, including the creation of clause 3A to exclude certain environmental planning instruments.

Practitioners dealing with this Ordinance should therefore treat the clause annotations as the only internal source of amendment history provided here, and must consult the authoritative legislative database or the printed statute for any further amendments, repeals, commencement notices, or consequential amendments that might affect interpretation. The Ordinance as presented acknowledges amendments and substitutions by date, but does not reproduce earlier text or the rationale for amendments beyond their dates.

The text supplied contains no references to cases, decided litigation, appeals, or judicial interpretations. The Ordinance names no judicial decisions, contains no citations to cases, and does not include a section listing prior litigation. Clause notes identify statutory amendments and insertions, but no reported or unreported decisions are referred to in the instrument.

Consequently, within the four corners of this Ordinance as provided, there is no litigation history to summarise. Any judicial construction, dispute about the scope of "interim development", the meaning of "expedient" for clause 5 directions, the scope of consultation obligations in clause 10, or the adequacy of notices under clause 5(3) would have to be sourced from external case law, which is not present in this text. Similarly, there is no precedent cited regarding the limits of the interim development authority’s powers under clauses 8 and 9 in contexts of war damage or mine buildings.

For practitioners, this means the Ordinance must be read alongside any developed jurisprudence under the Local Government Act 1919, Part 12A and Division 7, and any litigation concerning conflicts between the Ordinance and other statutes such as the Sydney Corporation Act 1932, the Mines Inspection Act, the Coal Mines Regulation Act, or the National Security regulations cited for "war damage." Those sources would be indispensable to identify how courts have interpreted the Ordinance’s key provisions, how strictly they enforce the procedural requirements (triplicate plans, consultation), and what remedies exist for unauthorised development. None of that material is provided here.

If litigation history is required, the practitioner will need to consult case law databases, court records and administrative tribunal decisions outside the Ordinance text. The lack of litigation references within the instrument does not imply absence of litigation in practice, only that the instrument itself does not record any.

This Ordinance contains several technical traps and timing-dependent definitions that can produce compliance surprises. The following are concrete, source-grounded points drawn from the Ordinance text.

"Existing building" is a temporally loaded term. Clause 3 defines "existing building" with multiple temporal tests tied to when a scheme resolution took effect or when a Ministerial direction was gazetted. It includes buildings erected before the date a resolution took effect or before notice of a direction was published, buildings commenced before and completed after that date, buildings lawfully erected after that date pursuant to a contract made before that date, and buildings lawfully erected after that date that are permitted by the Ordinance (cl 3). The practical result is that whether a building qualifies as "existing" can depend on small timing differences between construction, contract dates and the dates of resolutions or gazetted directions.

Permitted development is subject to a Governor's direction that can be localised. Clause 5 allows the Governor to displace allowed classes or particular descriptions of development in specific localities where the Governor is "satisfied that it is expedient". Once a direction is issued it comes into force on the date of Gazette publication, and the Minister must publish and notify. Practically, a development that would have been permitted last week may require permission today if a direction has been published. The Ordinance requires publication in the Gazette and a local newspaper and posting to the interim development authority (cl 5(3)); however, reliance on local newspaper publication means there is a risk of missed notice for parties who do not monitor the specified paper.

Triplicate plan requirement is rigid in form. Clause 6(2) requires a site plan in triplicate and maps and drawings in triplicate unless the site-plan and particulars suffice. This is a discrete procedural requirement that could invalidate an application or delay processing if not met exactly. The Ordinance permits applications for "general permission conditioned on subsequent approval" but that still requires the specified documentation or a statement that particulars will follow. Practical consequence: ensure three copies and prepare for multiple stakeholders needing originals.

Limited grounds for refusal for war-damage rebuilds and mine buildings. Clauses 8 and 9 constrain the interim development authority’s discretion to refuse or impose conditions for rebuilding after war damage and for mine-related buildings. The authority can only refuse on narrow grounds (amenity injury reasonably remediable, conflict with intended scheme provisions, or alternative siting on the mine), and clause 8 explicitly excludes certain operations from being refused. Practitioners representing neighbours or councils should note that their scope of complaint is narrower in these contexts.

Housing Commission process has a short objection window and Ministerial override. Before commencing Class VI work the Housing Commission must provide particulars to the interim development authority. The interim development authority has 14 days to object; an objection suspends the development until the Minister determines it (cl 5(5)(a)-(c)). The Minister can allow or dismiss objections and impose conditions, and if the Minister allows the objection, the development must not be carried out (cl 5(5)(d)-(e)). The risk for third parties is that the Minister can effectively override local objection decisions following a process that includes a possible hearing before a person appointed by the Minister.

Schedules narrow surprising activities. Schedule 1 allows many routine works for public utility undertakings but contains important negative lists. For example, Schedule 1 para 6 excludes "the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water" from permitted development in some circumstances. Practitioners must read Schedule 1 closely; what looks like routine operational work may sit outside the Ordinance’s automatic permission.

Exclusion by environmental planning instrument. Clause 3A removes the Ordinance's operation from land covered by listed environmental planning instruments, currently the Tenterfield Local Environmental Plan 1986. That means the Ordinance’s permissions and application regime do not apply in those places. Practitioners must check whether an environmental instrument applies to the land before relying on the Ordinance.

Consultation opt-out mechanics. Clause 10 permits bodies that would otherwise be consulted to give a standing notice that they do not require to be consulted for the period of the notice. A development proponent who assumes full consultation will be required may find the interim development authority proceeds without engaging a body if that body has opted out. Conversely, an affected statutory body that does not send such a notice may expect to be consulted.

Ambiguity in "expedient". Clause 5 uses the standard "expedient" test for Governor directions, but the Ordinance supplies no further definition. That discretion is concentrated at central executive level and may be unpredictable. Where a Governor’s direction is issued, it can be varied or cancelled later under clause 11, creating a moving regulatory target.

No express penalties in the Ordinance itself. Because the Ordinance contains no penalty clause, enforcement actions for unauthorised development must rely on other statutes or common law. That may complicate enforcement planning and timeline projections where parties assume an immediate statutory fine mechanism exists.

Deeming of pending applications. Clause 7 deems certain applications pending under the Act or the Sydney Corporation Act 1932 to be interim development applications if not determined before Division 7 of Part 12A became applicable to the land. This can change the procedural route for an application lodged in good faith under another Act, and can remove or add steps depending on timing. Practitioners must ascertain whether their application was pending at the relevant date.

If you act for a landowner, utility, council or Government department, a practical compliance checklist based directly on the Ordinance is as follows.

1. Confirm whether the Ordinance applies to the land. Check clause 3A for any listed environmental planning instruments. If the land is subject to such an instrument (for example the Tenterfield Local Environmental Plan 1986 is listed), the Ordinance does not apply and you must follow the applicable instrument (cl 3A).

2. Classify the proposed works against clause 4 and Schedule 1. Determine whether the works fall within Classes I to VI in clause 4. If potentially Class V, consult Schedule 1 carefully for permitted operations and the negative exceptions (for example buildings outside the limits of a railway or erection of overhead lines may be excluded) (cl 4; Schedule 1).

3. Check for a clause 5 Governor direction. Before assuming a permitted development right, inspect the Gazette and local newspapers and obtain from the interim development authority any maps or notices defining localities subject to clause 5 directions. A direction under clause 5 removes permitted development rights for specified classes or descriptions in a locality and takes effect on Gazette publication; the Minister must publish and cause service on the interim development authority (cl 5(1)-(3)).

4. If a direction is in force, or if the development is not permitted by the Ordinance, prepare an interim development application. Clause 6 requires a written application to the interim development authority, accompanied by a site plan in triplicate and particulars and any plans, maps and drawings in triplicate sufficient to show the proposed development (cl 6(2)). If the application is for general permission conditioned on subsequent approval of particulars, state that on the application.

5. In cases of rebuilding after war damage or mine buildings, prepare to frame the proposal within the constrained refusal grounds. For war damage rebuilds, the interim development authority cannot refuse or impose conditions unless it is satisfied of specific grounds such as amenity injury that can be reasonably modified, non-conformity with intended scheme provisions relating to building lines or reservations, or if a clause 5 direction applies (cl 8). For mine buildings, similar narrow grounds exist, including reasonable alternative siting on the mine (cl 9). Draft the application to demonstrate amenity compatibility and conformity with intended schemes where possible.

6. For Housing Commission projects, follow clause 5(5) steps. The Commission must furnish particulars, maps and drawings before commencing Class VI works. If the interim development authority objects within 14 days, the development must not proceed until the Minister decides. Where representation or hearing is desirable, request the opportunity to be heard by a person appointed by the Minister (cl 5(5)(a)-(d)).

7. Anticipate consultation requirements. The interim development authority must consult specified bodies under clause 10: delegated county councils, county councils affected by delegated powers, other interim development authorities where land in their areas would be affected, joint committees preparing schemes, Government departments likely to be affected, and any authority or body specified by Ministerial direction (cl 10(a)-(f)). If you are an authority that does not wish to be consulted, you may give a standing notice to the interim development authority indicating that for the continuance of the notice consultation is not required.

8. Observe notice and publication duties where you are the authority. If you are the interim development authority and a clause 5 direction is issued, ensure the Minister’s Gazette notice is publicised and copied; serve notice upon owners, occupiers, public utility operators and the War Damage Commission as required (cl 5(3)-(4)). Retain proof of publication and service dates, because the direction takes effect on Gazette publication and that timing controls permitted/deprived status.

9. Maintain records in triplicate as required. The Ordinance requires triplicate site plans and maps/drawings with applications (cl 6(2)). Retain and distribute copies to the interim development authority and other consulted bodies on request.

10. Monitor changes to directions. Clause 11 permits cancellation or variation of directions and notices; stay alert to subsequent directions that may restore or withdraw permitted development status in a locality. Keep a log of Gazette publications and any Ministerial directions.

11. Coordinate with other statutory processes. If your application was originally lodged under other Acts (for example building approval under the Act or plans under the Sydney Corporation Act 1932), check whether it was pending when Division 7 of Part 12A became applicable to the land, because clause 7 may deem that application to be an interim development application and alter procedural expectations (cl 7).

12. Where enforcement risk arises, identify the enforcement regime from other statutes. The Ordinance does not specify penalties. If there is a suspicion your project might be unauthorised, consult the wider statutory regime (the Local Government Act 1919 and other relevant Acts) to identify available enforcement powers, appeal routes and remedies.

13. For public utilities, observe the exclusions in Schedule 1. Even where Schedule 1 permits operational works, ensure the works are not among the specifically excluded activities such as construction of stations, erection of buildings outside undertaking limits, or formation of means of access to roads where expressly excluded (Schedule 1, paras 1-7).

14. Seek legal advice on ambiguities. The Ordinance leaves certain terms and exercises of discretion (for example "expedient" in clause 5) unelaborated. Where the development is sensitive to those terms, obtain legal advice about strategic and timing risks relating to directions, consultation, and Ministerial determinations.

Following these steps will align a proposed development with the procedural and substantive framework of the Ordinance as it appears in the supplied text, reduce risk of inadvertent unauthorised works, and position an applicant effectively to satisfy the limited refusal grounds applicable to war-damage rebuilding and mine-related buildings.