Muswellbrook Local Environmental Plan 2009 - New Shire Wide LEP

Stage history

1. Withdrawn

   source label: “withdrawn/Adequacy Assessment”

   Status date 28 Feb 2022 · Observed 12 June 2026 → current

More in Muswellbrook Shire Council

• Schedule an additional permitted use at 893 Paterson Rd, Woodville Assessment· 28 Apr 2026
• Additional Permitted Uses (Stage 1) - Bayswater Power Station Withdrawn· 1 Apr 2025
• Muswellbrook Bypass Realignment Withdrawn· 24 Nov 2021
• PP018 Rezone the former Forestry site - 72-74 Maitland Street, Muswellbrook Withdrawn· 29 Oct 2021
• Amendment 13 Muswellbrook LEP 2009 - Woodlands Ridge Extension Withdrawn· 30 Jan 2021

Planning disputes in Muswellbrook Shire Council

Tribunal and court decisions naming this council, newest first. A signal of contested development in the area, not legal advice.

• CWO Pty Ltd v Muswellbrook Shire Council [2024] NSWLEC 61 NSWLEC· 24 June 2024· 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
• Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2023] NSWCA 275 NSWCA· 21 Nov 2023· 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
• Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2023] NSWSC 262 NSWSC· 27 Mar 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
• Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council (No 2) [2022] NSWLEC 129 NSWLEC· 7 Nov 2022· 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
• Mangoola Coal Operations Pty Limited v Muswellbrook Shire Council [2021] NSWCA 46 NSWCA· 25 Mar 2021· 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
• Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2020] NSWLEC 66 NSWLEC· 11 June 2020· 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