Development applications in Ballina Shire Council
We have no rezoning amendments on record for this council yet, but we track its development applications. The figures below are counted directly from the development application register over the last 12 months.
Development applications · last 12 months
Applications lodged in this council in the trailing 12 months, by current status. Counted directly from the development application register.
- Total lodged
- 450
- last 12 months
- Lodged
- 0
- Under assessment
- 99
- Determined
- 340
- Withdrawn
- 11
Decision speed
How quickly this council determines a development application, measured from lodgement to determination across every decided application that carries both dates.
- Median time to decision
- 60 days
- half are decided faster than this
- Average
- 84 days
- a few slow cases pull this up
- Based on
- 895
- determined applications
Recent amendments
| Amendment | Stage | Status date | Gazettal | Outcome |
|---|---|---|---|---|
| Amend Lot Size at 86 Foresters Way and 38 Old Tintenbar Road, Tintenbar. | Post-exhibition | 4 June 2026 | · | Approved |
Planning disputes
20 on recordPlanning and environment court and tribunal matters naming Ballina Shire Council, newest first. Each links to the full public judgment.
| Matter | Court | Decided |
|---|---|---|
| Ballina Shire Council v Moore [2023] NSWCA 155 TORTS – negligence – breach of duty – public authority – responsibility for care and management of shared pathway – identifying risk of harm – whether risk not insignificant - duty to pedestrians and cyclists – fall by cyclist in avoiding bollard – precaution of removing remaining bollard of pair – purpose of bollard to create obstacle – whether single bollard had social utility – burden of precautions to avoid similar risks – whether reasonable authority would have taken precaution of removing | NSWCA | 6 July 2023 |
| Ballina Shire Council v Joblin [2022] NSWLEC 90 LOCAL GOVERNMENT – Powers, functions and duties – Orders – Non-compliance with development control order – Collateral challenge in criminal proceedings – Whether development control order invalid – Whether in-ground swimming pool a “building” – Literal, contextual and purposive approaches to statutory construction – Whether development control order uncertain | NSWLEC | 22 July 2022 |
| Planners North v Ballina Shire Council [2021] NSWLEC 120 APPEAL – manufactured home estate – refusal of development consent – proposed development partly on coastal wetlands and littoral rainforests area made under State Environmental Planning Policy No 36 – Manufactured Home Estates – development impermissible under Manufactured Home Estates State Environmental Planning Policy – jurisdictional preconditions to grant of development consent – precondition under cl 9(1) of the Manufactured Home Estates SEPP – satisfaction that development not adversely | NSWLEC | 3 Nov 2021 |
| Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 APPEAL – appeal against a Commissioner’s decision on questions of law – decision to grant deferred commencement consent for seniors housing – road, civil and infrastructure works needed but not part of development application – whether likely impacts of the development – whether failure to consider likely impacts – precondition to grant of consent – provision of water and sewer services – whether precondition satisfied – access way to seniors housing development – characterisation of use of acce | NSWLEC | 29 Apr 2020 |
| Newton Denny Chapelle v Ballina Shire Council (No 2) [2014] NSWLEC 183 COSTS - Class 1 proceedings - motion for determination of separate issue - issue resolved without need for hearing - motion for leave to amend statement of facts and contentions - amendment not opposed - whether fair and reasonable to order costs associated with the motions - Pt 3, r 3.7 of the Land and Environment Court Rules 2007 - whether motions filed as a result of a mutual mistake made by the parties - Council's responsibility to identify the issues - Council's position ought to have been | NSWLEC | 17 Nov 2014 |
| HOMEWORLD BALLINA PTY LTD v BALLINA SHIRE COUNCIL [2010] NSWCA 65 ENVIRONMENT & PLANNING – local environmental plan – public exhibition of amending plan – whether misleading – nature of reasonable person examining exhibited documents - WORDS & PHRASES – "bulky goods retailing" – "industrial purposes" – "public exhibition" – "reasonable reader" | NSWCA | 1 Apr 2010 |
| Homeworld Ballina Pty Limited v Ballina Shire Council & Anor [2009] NSWLEC 172 INJUNCTIONS AND DECLARATIONS :- Exhibition of draft amendments to environmental planning instruments - allegation that exhibiton and subsequent amendments invalidated by misleading information - test to be applied | NSWLEC | 9 Oct 2009 |
| Ballina Shire Council v Ian Watson [2006] NSWLEC 827 Prosecution :- clearing - sentence - environmental harm - mitigating factors | NSWLEC | 1 Dec 2006 |
| Coombs v Ballina Shire Council [2006] NSWLEC 294 Development Application :- dwelling house - minimum allotment size - dwelling entitlement - absence of evidence - question of fact | NSWLEC | 31 May 2006 |
| Ballina Shire Council v Jacobson & McMillan [2006] NSWLEC 217 Civil Enforcement :- Sewerage works and operation of a system of sewerage management - diversion of wastewater - requirement for approvals under s 68 and s 68A of the Local Government Act 1993 - making of final orders to protect public health and the environment | NSWLEC | 30 May 2006 |
| Environment Protection Authority v Ballina Shire Council [2006] NSWLEC 289 Prosecution :- offence against s 64(1) of the Protection of the Environment Operations Act 1997 - contravention of condition of environment protection licence - failure to carry out monitoring of leachate volumes at waste landfill in accordance with condition of licence for a period of over two years - defendant submitted annual reports to EPA failing to disclose lack of required leachate monitoring - circumstances objectively serious - monitoring important in adaptive management - plea of guilt | NSWLEC | 5 May 2006 |
| Ballina Shire Council v Jacobson & McMillan [2006] NSWLEC 135 Civil Enforcement :- Sewerage works and operation of a system of sewerage management - diversion of wastewater - requirement for approvals under s 68 and s 68A of the Local Government Act 1993 - making of final orders to protect public health and the environment | NSWLEC | 29 Mar 2006 |
| Carr v Ballina Shire Council [2003] NSWSC 706 Extension of time - ss 60G & I - 1964 diving accident - quadraplegic | NSWSC | 4 Aug 2003 |
| Roberts and Ors v Ballina Shire Council and Anor [2001] NSWLEC 242 Question of Law :- preliminary question of law - SEPP 1 - prohibition or development standard | NSWLEC | 22 Oct 2001 |
| Writer v Ballina Shire Council [1999] NSWCA 215 Negligence - damage - evidence - reliance on evidence of sole expert witness - failure trial judge to notify parties such reliance - is such reliance and failure to notify a denial of natural justice? - failure trial judge to give adequate reasons. | NSWCA | 30 June 1999 |
| Rushmist Pty Limited v. Ballina Shire Council [1998] NSWLEC 106 :- | NSWLEC | 28 Oct 1998 |
| BALLINA SHIRE COUNCIL v. DAVFAST PTY LIMITED [1998] NSWLEC 21 :- Development without consent - environmental protection zone - Class 5 - guilty plea - remediation order | NSWLEC | 9 Oct 1998 |
| Peter Walter Carmont v. Ballina Shire Council [1998] NSWLEC 122 :- | NSWLEC | 7 Aug 1998 |
| PAVEMENTS AND EXCAVATIONS PTY LIMITED v TONES AND BALLINA SHIRE COUNCIL v TONES [1991] NSWCA 221 | NSWCA | 28 Mar 1991 |
| BALLINA SHIRE COUNCIL v DALEY [1991] NSWCA 18 | NSWCA | 13 Mar 1991 |
Discovery signals matched on council name. We link to the public judgment; we do not reproduce its text.
How these numbers are computed
- Development applications are counted directly from the development application register over the trailing 12 months, grouped by their current canonical status. The full list is on the applications page.