Development Control Orders Explained: Order No. 10 “Restore Works” and Common Triggers

When councils enforce planning compliance in NSW, a common tool is a Development Control Order. One of the most frequently used is Order No. 10 — “Restore Works.”

If you’ve received a warning letter or notice, understanding this order type helps you respond strategically.

What is Order No. 10 “Restore Works”?

In plain terms, it’s an order requiring you to restore building work or development so it complies with:

• the development consent, and/or
• approved plans, and/or
• specific consent conditions. It’s most often used when council believes the work as built isn’t what was approved.

Common triggers we see

Order No. 10 situations often come from:

• neighbour complaints (privacy, overlooking, noise)

• “as-built” differences discovered during inspections

• missing approvals (council can’t locate a modification or certificate)

• changes made during construction that seemed minor at the time Typical flashpoints include:

• window locations / sizes / sill heights (privacy)

• balcony screening and overlooking controls

• building height/setback variations

• changes to use (e.g., conversion to secondary dwelling / short-term letting issues)

• stormwater deviations

The hidden issue: paperwork gaps

A surprising number of “non-compliance” disputes are really “file-gap” disputes:

• the owner has approvals, but council’s record doesn’t show them
• the builder/certifier has documents that never made it into the file
• modifications exist but weren’t finalised properly That’s why your first step is always: assemble the approvals chain.

Responding: what councils tend to accept

Councils respond better to:

• a clear technical explanation (planner/certifier language helps)
• a set of marked-up plans
• a practical rectification pathway
• a realistic timeframe (including contractor lead times) If you propose an outcome that reduces amenity impacts (privacy, overshadowing, noise), you’re speaking council’s language.

Planland’s practical tip

Before you reply, run a quick “risk scan”:

• Is the change visible from neighbours?
• Does it affect privacy/overshadowing?
• Could it be regularised through a modification?
• Would it be cheaper to rectify than to argue? Often the best outcome is the one that ends the compliance file quickly.