Planning disputes
Every planning and environment court and tribunal decision we track, matched to a council, in one table. Filter by state, posture or who won, search any party, court or keyword, sort any column, and click through to the council or the full public judgment.
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6,348 decisions on record across 372 councils. Showing the most recent 6,000. Outcome, development type and who won are read from each judgment by an LLM (5,355 analysed so far). Use the enriched view or the won-by filter to see only those; the rest are marked pending and fill in as analysis runs.
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Showing 1–13 of 13
| Catchwords | ||||||||
|---|---|---|---|---|---|---|---|---|
| CWO Pty Ltd v Muswellbrook Shire Council [2024] NSWLEC 61 | NSW | Muswellbrook Shire Council | NSWLEC | — | — | — | 24 June 2024 | ENVIRONMENT AND PLANNING – Class 1 appeal – appeal against the deemed refusal of amended development application seeking change of use of land – suitability of site – s 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 – risk to safety of users of site posed by Commonwealth explosive ordnance facility not sufficient for site to be deemed unsuitable – “likely impacts” of development – s 4.15(1)(b) of the EP&A Act – impact of site on Commonwealth facility not made out – application |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2023] NSWCA 275 | NSW | Muswellbrook Shire Council | NSWCA | Dismissed | Extractive | Council | 21 Nov 2023 | LIMITATION OF ACTIONS – overpaid rates – no claim made within 12 month limitation period imposed by Recovery of Imposts Act 1963 (NSW), s 2(1) – whether ratepayer’s claim was claim to recover tax “recoverable on restitutionary grounds” – whether claims “recoverable on restitutionary grounds” confined to claims at common law as opposed to statutory claims – significance of extrinsic materials to construction of statute – whether claim for credit as opposed to refund of overpaid rates was a claim |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2023] NSWSC 262 | NSW | Muswellbrook Shire Council | NSWSC | Dismissed | Extractive | Council | 27 Mar 2023 | LIMITATION OF ACTIONS – statute limiting recovery of rates paid to Council – Recovery of Imposts Act 1963 (NSW), s 2(1) – limitation period 12 months from date of payment – whether s 2(1) disapplied – challenge to validity of impost, but no recovery claimed under Local Government Act – whether Local Government Act allowed a claim for recovery of overpayment – whether different limitation period specified LOCAL GOVERNMENT – rates and charges – challenge to Council’s categorisation of land as “min |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council (No 2) [2022] NSWLEC 129 | NSW | Muswellbrook Shire Council | NSWLEC | Costs | Extractive | Council | 7 Nov 2022 | COSTS ‑ Respondent classifies two assessment parcels of land as “coal mine” for rating purposes ‑ two assessment parcels of land owned by applicant coal mine ‑ reclassification sought as “farmland” for two rating years ‑ held both assessment parcels correctly classified as “coal mine” in both assessment years ‑ appeal concerning classification of larger assessment parcel ‑ no appeal concerning classification of smaller assessment parcel as “coal mine” ‑ appeal successful concerning larger assess |
| Mangoola Coal Operations Pty Limited v Muswellbrook Shire Council [2021] NSWCA 46 | NSW | Muswellbrook Shire Council | NSWCA | Remitted | Extractive | Applicant | 25 Mar 2021 | LOCAL GOVERNMENT – powers, functions and duties – rates and charges – categorisation of land for rating purposes – re-categorisation by Council of farmland to mining land – relevance of impact of ongoing drought on cattle grazing – hiatus in activity on land different to abandonment – activity in rating years required to be considered in its context including what occurred previously on the land and what intended to occur after LOCAL GOVERNMENT – powers, functions and duties – rates and charges |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2020] NSWLEC 66 | NSW | Muswellbrook Shire Council | NSWLEC | Dismissed | Extractive | Council | 11 June 2020 | RATING CATEGORISATION - categorisation of two assessment parcels - decisions by Council categorising lands as “mining” - applications for review of categorisation seeking to change category to “farmland” - applications covering 2016/17 and 2017/18 rating years - applications for review not determined by Council - appeals against deemed refusals by Council STATUTORY CONSTRUCTION- Valuer General aggregated both assessment parcels pursuant to s 26 of the Valuation of Land Act 1916 - impermissible t |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2019] NSWLEC 28 | NSW | Muswellbrook Shire Council | NSWLEC | Interlocutory | Extractive | — | 20 Mar 2019 | PRACTICE AND PROCEDURE: Notices of Motion by each party against the other seeking to set aside “disclosure documents” – application for leave to “narrow” some of the categories of documents sought – principles to be applied. |
| Muswellbrook Shire Council v Pemberton [2013] NSWLEC 190 | NSW | Muswellbrook Shire Council | NSWLEC | Upheld | Other | Council | 7 Nov 2013 | CIVIL ENFORCEMENT: disobedience of orders issued by the Council regarding the keeping of poultry and the stockpiling of rubbish - some improvement observed as the |
| Wargent v Bellamax Investments [2011] NSWSC 1461 | NSW | Muswellbrook Shire Council | NSWSC | Costs | Subdivision | Mixed | 1 Dec 2011 | Costs where matter resolved and no hearing on the merits |
| Xstrata Mangoola Pty Ltd v Muswellbrook Shire Council [2011] NSWLEC 46 | NSW | Muswellbrook Shire Council | NSWLEC | Interlocutory | Extractive | Mixed | 28 Mar 2011 | Procedure:- application for verified discovery - whether discovery available in Class 3 of the Court's jurisdiction - whether an order for discovery should be made - Court has the power to make an order for discovery in Class 3 - informal discovery ordered |
| Warnes v Muswellbrook Shire Council [2010] NSWLEC 19 | NSW | Muswellbrook Shire Council | NSWLEC | Refused | Other | Council | 1 Feb 2010 | APPEAL :- whether commissioner erred in law in interpretation of LEP - meaning of "require" in LEP - does "require" mean "necessity" - no error of law found |
| Rex J Andrews Pty Ltd v RTA & Anor [2009] NSWSC 1063 | NSW | Muswellbrook Shire Council | NSWSC | Costs | Other | Mixed | 8 Oct 2009 | Procedure - costs - summons for prerogative relief - issue of permit by RTA for movement of oversize load - matter resolved without hearing - what costs orders appropriate in circumstances - adjustment of costs orders having regard to conduct of parties. |
| VALANTINE v MUSWELLBROOK SHIRE COUNCIL & ORS [2008] NSWSC 1300 | NSW | Muswellbrook Shire Council | NSWSC | — | — | — | 8 Dec 2008 | Alleged misconduct - conduct committee - independent investigation - procedural fairness - failure to provide contradictory statements - failure to fairly inquire - decision vitiated. |