Development applications in Muswellbrook 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
- 147
- last 12 months
- Lodged
- 0
- Under assessment
- 20
- Determined
- 125
- Withdrawn
- 2
See all development applications in Muswellbrook Shire Council
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
- 49 days
- half are decided faster than this
- Average
- 68 days
- a few slow cases pull this up
- Based on
- 301
- determined applications
Planning disputes
18 on recordPlanning and environment court and tribunal matters naming Muswellbrook Shire Council, newest first. Each links to the full public judgment.
| Matter | Court | Decided |
|---|---|---|
| CWO Pty Ltd v Muswellbrook Shire Council [2024] NSWLEC 61 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 | NSWLEC | 24 June 2024 |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2023] NSWCA 275 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 | NSWCA | 21 Nov 2023 |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2023] NSWSC 262 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 | NSWSC | 27 Mar 2023 |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council (No 2) [2022] NSWLEC 129 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 | NSWLEC | 7 Nov 2022 |
| Mangoola Coal Operations Pty Limited v Muswellbrook Shire Council [2021] NSWCA 46 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 | NSWCA | 25 Mar 2021 |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2020] NSWLEC 66 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 | NSWLEC | 11 June 2020 |
| Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2019] NSWLEC 28 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. | NSWLEC | 20 Mar 2019 |
| Wargent v Bellamax Investments [2011] NSWSC 1461 Costs where matter resolved and no hearing on the merits | NSWSC | 1 Dec 2011 |
| Xstrata Mangoola Pty Ltd v Muswellbrook Shire Council [2011] NSWLEC 46 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 | NSWLEC | 28 Mar 2011 |
| Warnes v Muswellbrook Shire Council [2010] NSWLEC 19 APPEAL :- whether commissioner erred in law in interpretation of LEP - meaning of "require" in LEP - does "require" mean "necessity" - no error of law found | NSWLEC | 1 Feb 2010 |
| Rex J Andrews Pty Ltd v RTA & Anor [2009] NSWSC 1063 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. | NSWSC | 8 Oct 2009 |
| VALANTINE v MUSWELLBROOK SHIRE COUNCIL & ORS [2008] NSWSC 1300 Alleged misconduct - conduct committee - independent investigation - procedural fairness - failure to provide contradictory statements - failure to fairly inquire - decision vitiated. | NSWSC | 8 Dec 2008 |
| Pemberton v Muswellbrook Shire Council [2001] NSWLEC 144 Question of Law :- demolition order - construction of consent - estoppel - power of modification of consent | NSWLEC | 9 July 2001 |
| Heawood v Muswellbrook Shire Council [2001] NSWLEC 8 Question of Law :- Claim for compensation by landowner for alteration to levels of road restricting access - whether loss of access must be total to enable claim pursuant to s 32(2) of the Roads Act 1993 - claim justiciable where variation to levels results in partial interference with access | NSWLEC | 12 Feb 2001 |
| The Council of the Shire of Muswellbrook v Lettice & Anor; The State of New South Wales v Lettice & Anor. [2000] NSWCA 359 Negligence - fall from a bridge - causation - alleged negligent construction of bridge - issue not decided below. | NSWCA | 14 Dec 2000 |
| Lettice v Council of the Shire of Muswellbrook [2000] NSWSC 81 negligence - duty of care - liability of public authority - contributory negligence - alcohol consumption by plaintiff - apportionment between joint tortfeasors - | NSWSC | 24 Feb 2000 |
| COUNCIL OF THE SHIRE OF MUSWELLBROOK v BROMLEY [1991] NSWCA 64 | NSWCA | 25 Feb 1991 |
| The Council of the Shire of Muswellbrook v G R and A E Collins [1989] NSWLEC 235 :- | NSWLEC | 30 Aug 1989 |
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.