Development applications in Lithgow City 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
- 173
- last 12 months
- Lodged
- 0
- Under assessment
- 39
- Determined
- 127
- Withdrawn
- 7
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
- 76 days
- half are decided faster than this
- Average
- 97 days
- a few slow cases pull this up
- Based on
- 344
- determined applications
Planning disputes
18 on recordPlanning and environment court and tribunal matters naming Lithgow City Council, newest first. Each links to the full public judgment.
| Matter | Court | Decided |
|---|---|---|
| Bell Quarry Rehabilitation Project Pty Ltd v Lithgow City Council [2022] NSWLEC 123 SEPARATE QUESTION - Class 1 development appeal - applicant for development consent seeks to have separate questions set down for determination - appeal concerning substantial proposed landfill development to rehabilitate former quarry site - haul road for trucks to the proposed development site from a main highway is along a road not constructed entirely within its road reserve - deviations from the road reserve on two private property and National Park - no owners consent to use the road where | NSWLEC | 10 Oct 2022 |
| Lithgow City Council v Newera Defendo Pty Ltd [2020] NSWLEC 34 EVIDENCE - affidavit material evidence from both parties relied upon for the purposes of costs application - affidavit material not read during substantive hearing - application for restriction on use pursuant to s 136 of the Evidence Act 1995 - restriction appropriate as affidavit material not tested in substantive hearing - restriction ordered (see [10]) COSTS - First Respondent successful in substantive proceedings - First Respondent now seeks costs on the indemnity basis - First Respondent s | NSWLEC | 24 Apr 2020 |
| Lithgow City Council v Newera Defendo Pty Ltd [2019] NSWLEC 188 COMPLYING DEVELOPMENT CERTIFICATE - solar voltaic array erected in R4 Large Lot Residential Zone - array erected relying on complying development certificate issued pursuant to State Environmental Planning Policy (Exempt and Complying Development) 2008 - policy not available to permit construction of the array - complying development certificate invalid - second complying development certificate issued - second complying development certificate relies on State Environmental Planning Policy (Infr | NSWLEC | 5 Dec 2019 |
| Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320 NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow end of pool – pupil slipped and suffered serious injury – whether Council liable to pupil – where guidance to pool operators permitted diving by trained competitors into shallow end of pool – whether School liable to pupil for failing to train her to abort a mis-executed dive – whether School liable for failing to be aware of elevated risk of track-start d | NSWCA | 15 Oct 2015 |
| Miller v Lithgow City Council [2014] NSWSC 1579 Negligence - school and pupil - council pool sporting activity - swimming | NSWSC | 28 Nov 2014 |
| Miller v Lithgow City Council [2013] NSWSC 427 PRACTICE AND PROCEDURE - separation of issues for trial - whether separation of issues will facilitate the just, quick and cheap resolution of the real issues in the dispute - no point of principle. | NSWSC | 30 Apr 2013 |
| Jackson v Lithgow City Council [2010] NSWCA 136 APPEAL – remitter from High Court for rehearing of appeal – first hearing of the appeal proceeded on an inaccurate record of evidence – question mark symbol cut off in original appeal papers – effect of question mark on probative force of evidence - EVIDENCE – admissibility and relevancy – notes of ambulance officers – inference of fact as to cause of injury and surrounding circumstances – business records under Evidence Act 1995 (NSW), s 69(1) – hearsay rule did not apply – representation made | NSWCA | 11 June 2010 |
| Agonic Holdings Pty Ltd v Lithgow City Council [2009] NSWLEC 34 COSTS :- Class 1 proceedings - whether fair and reasonable in the circumstances to make a cost order - whether a party acted unreasonably in the conduct of proceedings | NSWLEC | 2 Apr 2009 |
| Craig William JACKSON v LITHGOW CITY COUNCIL [2008] NSWCA 312 NEGLIGENCE – causation – evidence - EVIDENCE – evidence in negligence action – inference of fact from occurrence of damage and all the surrounding circumstances – note of ambulance officers –opinion evidence under Evidence Act 1995 (NSW), s 78 - MEASURE OF DAMAGES (TORT) – damages for personal injuries – assessment – quantum recoverable – future economic loss – non-economic loss – loss of earnings and earning capacity – future care – past care - INTOXICATION – relationship between Civil Liabilit | NSWCA | 24 Nov 2008 |
| Environment Protection Authority v Lithgow City Council [2007] NSWLEC 695 Environmental Offences :- sentencing - breach of conditions of environment protection licence - conditions requiring pollution studies and reduction programs - systemic failure in management and operation of premises - failure to prioritise asset management and need for regulatory compliance - conscious decision not to comply for financial reasons - non-compliance continued over lengthy periods - potential for environmental harm - forseeable risk of harm - practical measures to prevent risk of h | NSWLEC | 26 Oct 2007 |
| GREATER LITHGOW CITY COUNCIL v WOLFENDEN [2007] NSWCA 180 PRACTICE & PROCEDURE - amendment to add statute barred cause of action - general power available in cases outside special power - LIMITATION - amendment to add statute barred cause of action | NSWCA | 16 July 2007 |
| Cutcliffe v Lithgow City Council [2006] NSWLEC 463 Costs :- where applicant has obtained declaration of invalidity of a council development consent - where applicant seeks and obtains costs only against submitting council and not against developer who defended – whether council entitled to contribution to those costs from developer – whether developer entitled to recover its costs from council -whether council’s submitting appearance and pleaded defence unreasonable – general costs guidelines. | NSWLEC | 2 Aug 2006 |
| Cutcliffe and Anor v Lithgow City Council & Ors. [2006] NSWLEC 317 Development Consent :- declared invalid | NSWLEC | 22 May 2006 |
| Fitzpatrick & Anor v Council of the City of Lithgow & Ors [2004] NSWLEC 109 Development Consent :- meaning of "commercial premises" - whether development consent granted for prohibited use - legitimate expectation of notification of development consent - whether consent authority failed to consider heritage impacts - whether relevant matters taken into account by the Council | NSWLEC | 20 May 2004 |
| Environment Protection Authority v Lithgow City Council [2003] NSWLEC 425 Prosecution :- guilty plea - failure to comply with licence condition requiring a toxicity analysis to be undertaken - actual harm or likelihood of harm caused by breach - defendant is a public authority | NSWLEC | 18 Aug 2003 |
| Wolgan Action Group Incorporated v Lithgow City Council [2001] NSWLEC 199 Development Consent :- modification - whether substantially the same development. Development Consent :- modification - failure to comply with regulatory requirement to make application and supporting documents available for inspection. Procedural Fairness :- development consent - modification - legitimate expectation to make submissions. Development Consent :- modification - consequence of non-payment of prescribed fee prior to exhibition period. Development Consent :- modification - role of EP | NSWLEC | 29 Aug 2001 |
| International Study Programs Pty Ltd & Ors v Greater Lithgow City Council & Anor [2000] NSWLEC 91 Development Application :- Designated development - hard rock aggregate quarry - economic justification and viability - adequacy of environmental impact assessment and definition of proposed development - whether shortcomings of proposal can be cured by conditions or deferred commencement consent - heritage - visual impact - noise and vibration - flora and fauna - erosion soil and water management | NSWLEC | 11 May 2000 |
| Rydal Management Pty Ltd v Greater Lithgow City Council; International Study Programs Pty Ltd & Ors v Greater Lithgow City Council & Anor; Rydal & Sodwalls Heritage Association Inc v Greater Lithgow City Council & Anor [1999] NSWLEC 175 :- Notice of Motion seeking vacation of hearing dates | NSWLEC | 4 Feb 1999 |
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.