Development applications in Kempsey 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
- 302
- last 12 months
- Lodged
- 0
- Under assessment
- 96
- Determined
- 191
- Withdrawn
- 15
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
- 89 days
- half are decided faster than this
- Average
- 109 days
- a few slow cases pull this up
- Based on
- 580
- determined applications
Planning disputes
19 on recordPlanning and environment court and tribunal matters naming Kempsey Shire Council, newest first. Each links to the full public judgment.
| Matter | Court | Decided |
|---|---|---|
| 2 Phillip Rise Pty Ltd v Kempsey Shire Council (No 2) [2023] NSWLEC 56 COSTS - costs of stay application pending consideration of whether to appeal principal decision - stay granted - stay expired by effluxion of time with no appeal commenced - costs ordinarily follow the event ‑ no reason to “otherwise order” - Respondent ordered to pay Applicant’s costs of stay application and of costs application | NSWLEC | 30 May 2023 |
| 2 Phillip Rise Pty Ltd v Kempsey Shire Council [2023] NSWLEC 28 APPEAL - Appeal against the refusal of application for a construction certificate ‑ Acting Commissioner holds that development consent proposed to found the construction certificate had lapsed ‑ Applicant challenges Acting Commissioner’s conclusion as wrong at law ‑ Acting Commissioner concluded that contamination testing did not satisfy a condition of the development consent because the testing had not been carried out by the then owner of the site for the purposes of satisfying the development | NSWLEC | 22 Mar 2023 |
| Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 TORTS – negligence – no duty to warn of obvious risk – plane collided with kangaroo at regional aerodrome – whether damage to aircraft materialisation of obvious risk – whether risk defined by level of risk and likelihood of materialisation – whether accessing information from website involved requesting advice or information – Civil Liability Act 2002 (NSW), ss 5F, 5G, 5H TORTS – negligence – public authority – allocation of resources – principle that allocation of resources not open to challen | NSWCA | 13 Dec 2018 |
| Slade v Kempsey Shire Council [2018] NSWCA 25 ENVIRONMENT AND PLANNING – Environment Protection Agency (EPA) issued a clean-up notice to the appellants in respect of a metal recycling site – appellants failed to comply with the notice – EPA then issued a notice to the respondent council to clean up the site – whether any non-compliance by the respondent with the EPA’s notice to it affected the respondent’s right to recover its costs and expenses of the clean-up from the appellants | NSWCA | 23 Feb 2018 |
| Kempsey Shire Council v Slade (No 2) [2017] NSWLEC 10 ENVIRONMENT AND PLANNING: pollution – claim for recovery of costs of pollution clean-up actions as a debt under s 105(1) Protection of the Environment Operations Act 1997 – statutory scheme for clean-up of pollution and recovery of clean-up costs – council performed clean-up and sought to recover reasonable costs and expenses as a debt – liability already decided – quantum and reasonableness of costs and expenses claimed – interest. | NSWLEC | 27 Feb 2017 |
| Kempsey Shire Council v Slade [2015] NSWLEC 135 ENVIRONMENT AND PLANNING – pollution – claim for recovery of costs of pollution clean-up actions as a debt under s 105(1) Protection of the Environment Operations Act 1997 – statutory scheme for clean-up of pollution and recovery of clean-up costs – reasonably suspecting that pollution incidents arising from asbestos deposited at a waste facility had occurred, Environment Protection Authority gives council a clean-up notice under s 92(1) – council complies and gives respondents compliance cost n | NSWLEC | 21 Aug 2015 |
| Kempsey Shire Council v M A Roche Group Pty Ltd [2012] NSWLEC 211 CIVIL ENFORCEMENT - temporary quarry use - failure to pay a s 94 developer contribution in breach of development consent condition - incorporation of development contribution plan into condition of development consent requiring payment | NSWLEC | 10 Sept 2012 |
| Kempsey Shire Council v Thrush (No 2) [2011] NSWLEC 130 COSTS - whether to exercise discretion to award costs | NSWLEC | 29 July 2011 |
| Kempsey Shire Council v Thrush & Anor [2011] NSWLEC 93 Civil enforcement: - whether work carried out on right of carriage way without development consent in breach of SEPP 14 - whether Court should exercise discretion to make declarations and restoration order | NSWLEC | 27 May 2011 |
| Kempsey Shire Council v Glenice Baguley [2010] NSWCA 284 TORTS – negligence – injury as a result of a fall into an unfenced pit at tip - whether risk of harm was "not insignificant" - whether primary judge took into account probability of harm if precautions were not taken - whether a reasonable person in the position of the occupier of the tip would have erected a protective wall - need to consider the risks created by the alternative safety strategy, in particular of those injuries occurring - Civil Liability Act 2002 (NSW), s 5B(1)(b) | NSWCA | 8 Nov 2010 |
| Ryding v Kempsey Shire Council [2008] NSWLEC 306 Appeal :- appeal on conviction and sentence from local court - collateral challenge to validity of clean up notice on judicial review grounds - whether jurisdictional facts satisfied - whether procedural fairness accorded | NSWLEC | 11 Nov 2008 |
| Kempsey Shire Council v Tebran Pty Limited (No 2) [2008] NSWLEC 64 Costs :- civil enforcement proceedings - respondent succeeded on all issues - no circumstance displacing the usual order as to costs - applicant ordered to pay respondent's costs as agreed or assessed. | NSWLEC | 1 Feb 2008 |
| Kempsey Shire Council v Tebran Pty Limited [2007] NSWLEC 731 Civil Enforcement :- whether development permissible without or only with consent - characterisation - construction of instrument - agriculture - intensive animal husbandry - feedlot | NSWLEC | 8 Nov 2007 |
| Buchholz v Kempsey Shire Council [2005] NSWSC 235 EQUITY - allegation of equitable easement based on Walsh v Lonsdale - proprietary estoppel - allegations fail on facts | NSWSC | 18 Mar 2005 |
| Walker v Kempsey Shire Council [2003] NSWLEC 56 Costs :- class 1 proceedings dismissed for want of prosecution | NSWLEC | 22 Feb 2002 |
| Walker v Kempsey Shire Council [2001] NSWLEC 235 Question of Law :- Determination of questions raised during course of hearing by a Commissioner-reference to Judge for determination. | NSWLEC | 11 Sept 2001 |
| Kempsey Shire Council v Virell Pty Ltd [2001] NSWLEC 132 Costs :- class 4 proceedings - matters in dispute resolved on | NSWLEC | 17 May 2001 |
| Walker v Kempsey Shire Council and Anor. [2001] NSWLEC 84 Costs :- in class 1 proceedings disposed of by consent orders (save as to costs). No exceptional circumstances justifying departure from Practice Direction. Costs awarded in respect of hearing on costs | NSWLEC | 10 Apr 2001 |
| Oliver v Kempsey Shire Council [1988] NSWLEC 152 :- | NSWLEC | 6 Dec 1988 |
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.