New South Wales Consolidated Acts

CITY OF SYDNEY ACT 1988 - SECT 59

59 Rectification of landscape-uncompleted development

(1) This section applies if the City Council has adopted a local orders policy under Part 3 of Chapter 7 of the Principal Act that specifies the criteria that the City Council must take into consideration in determining whether or not to give an order in accordance with this section.

(2) Section 164 of the Principal Act does not apply to such a local orders policy.

(3) The City Council may order the owner or occupier of land to which the Central Sydney Local Environmental Plan 1996 applies:

(a) on which uncompleted development exists, and

(b) on which no substantial work to complete the development has been carried out during the period of 18 months (determined consecutively or cumulatively) before the order is given,

to do such things as are specified in the order to rectify the landscape of the land if the development, because of its uncompleted state, adversely affects the visual amenity of the City of Sydney (or a part of the City of Sydney).

(4) An order may specify only one or more of the following:

(a) that the demolition of buildings be completed,

(b) that builder’s debris and rubble be removed,

(c) that a hoarding or other secure fencing be erected,

(d) that decorative panels be attached to hoardings and fences,

(e) that the land be landscaped,

(f) that landscaping items be maintained or, in the case of plants that are dead or damaged, be replaced,

(g) that lighting be installed,

(h) that such other things of an incidental nature as may be specified in the order be done,

(i) that such things as may have been agreed to by the person to whom the order is given be done.

(5) This section does not authorise the City Council to order the filling-in of an excavation or the installation of drainage works.

(6) An order under this section is taken to be an order under section 124 of the Principal Act.