Development applications in Cumberland 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
- 868
- last 12 months
- Lodged
- 0
- Under assessment
- 191
- Determined
- 553
- Withdrawn
- 124
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
- 79 days
- half are decided faster than this
- Average
- 85 days
- a few slow cases pull this up
- Based on
- 1,615
- determined applications
Planning disputes
19 on recordPlanning and environment court and tribunal matters naming Cumberland Council, newest first. Each links to the full public judgment.
| Matter | Court | Decided |
|---|---|---|
| Piety Developments Pty Ltd v Cumberland City Council (No 2) [2024] NSWCA 196 PRACTICE AND PROCEDURE – urgent application for stay pending as yet unfiled application for special leave to appeal to the High Court – application of Burgundy Royale test – no substantial prospect of special leave being granted – stay refused | NSWCA | 7 Aug 2024 |
| Piety Developments Pty Ltd v Cumberland City Council (No 3) [2023] NSWSC 1627 CONTRACTS – formation – acceptance of offer – communication of acceptance – local council enters negotiations with unsuccessful applicants in tender process for sale of council owned land – council invites submission of applicants’ best and final offer – council passed resolution accepting one applicant’s offer – notice of motion to rescind resolution given shortly after – unsigned minutes published on council website – no correspondence sent by Council to offeror – minutes later confirmed – com | NSWSC | 19 Dec 2023 |
| Piety Developments Pty Ltd v Cumberland City Council (No 2) [2023] NSWSC 774 COSTS – party/party – costs of claims for declaratory relief by way of cross-claim – where separate hearing of claims for declaratory relief – where claims for declaratory failed – whether order for costs of those claims should be made now or be costs in the cause - where plaintiff’s claims yet to be determined and defendant intends to advance other defences | NSWSC | 5 July 2023 |
| Shah Friends Pty Ltd v Cumberland Council (No 2) [2023] NSWLEC 55 COSTS ‑ successful appeal pursuant to s 56A of the Land and Environment Court Act 1979 ‑ appeal successful on the grounds not advanced | NSWLEC | 9 June 2023 |
| Piety Developments Pty Ltd v Cumberland City Council [2023] NSWSC 480 LOCAL GOVERNMENT – council lands – land acquired in 1965 by resumption under the Local Government Act 1919 for use as a carpark – whether “subject to a trust for a public purpose” | NSWSC | 5 May 2023 |
| Shah Friends Pty Ltd v Cumberland Council [2023] NSWLEC 31 APPEAL ‑ Council issues Stop Use Order to Applicant requiring cessation of use of premises as a waste or resource transfer station ‑ Applicant appeals against imposition of the order ‑ existing development consent for use of the premises as a foundry ‑ Applicant contends that its use of the premises for recovery of metal and other materials falls within the use permitted by the foundry development consent ‑ Commissioner upholds Council's characterisation as a waste or resource transfer station ‑ | NSWLEC | 5 Apr 2023 |
| Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 APPEAL - refusal of development application for boarding house - proposal exceeds the permitted height in local environmental plan - application for dispensation to comply with height requirement - dispensation application rejected on the basis insufficient planning grounds established - appeal against refusal on a question of law - tests for dispensation application confined to consideration of the breach of the height standard - Commissioner's refusal of dispensation request based on grounds n | NSWLEC | 2 Nov 2021 |
| Linfield Developments Pty Ltd v Cumberland Council [2019] NSWLEC 131 DEVELOPMENT APPLICATION – appeal against Council’s deemed refusal of development application for demolition of existing structures and construction of shop top housing and residential flat buildings above commercial premises over basement car parking – cl 4.6 written request seeking to exceed the height development standard – consideration of further material and amended plans – appeal upheld – development consent granted subject to conditions of consent | NSWLEC | 20 Sept 2019 |
| Cumberland Council v Tony Younan; Cumberland Council v Ronney Oueik; Cumberland Council v; H & M Renovations Pty Ltd (No 2) [2019] NSWLEC 67 COSTS – whether successful defendants in criminal proceedings entitled to costs orders against the prosecutor under s 257D(1) of the Criminal Procedure Act 1986 (NSW) – whether Land and Environment Court has power to award indemnity costs in criminal proceedings – defendants entitled to costs on the ordinary basis only in respect of the s 125(3A) Summonses – no power to award indemnity costs in these proceedings | NSWLEC | 23 May 2019 |
| Cando Management and Maintenance Pty Ltd v Cumberland Council [2019] NSWCA 26 ENVIRONMENT AND PLANNING — Consent — Duration or lapsing of — Onus of proof for establishing criteria preventing lapse of consent ENVIRONMENT AND PLANNING — Consent — Duration or lapsing of — Whether work consisting of clearing trees and shrubs prevented lapse of consent — Whether work related to building or work on land to which consent applied — Whether work in compliance or not prohibited by consent ENVIRONMENT AND PLANNING — Land and Environment Court — Jurisdiction and powers — Discretionar | NSWCA | 25 Feb 2019 |
| Cumberland Council v See Win Holdings Pty Ltd [2019] NSWLEC 15 PROSECUTION - carry out development otherwise than in accordance with a development consent - early guilty plea - breach of consent not trivial - no need for specific deterrence - need for general deterrence to reinforce need to protect integrity of planning system - offending conduct toward lower end of the range - fine appropriate - Defendant fined $30,000 | NSWLEC | 22 Feb 2019 |
| Cumberland Council v Cando Management and Maintenance Pty Ltd [2018] NSWLEC 83 ENVIRONMENT AND PLANNING – completed multi-dwelling development for which no construction certificate obtained so that occupation certificate not available – no principal certifying authority appointed –lapsing of development consent – change in zoning prohibited multi dwelling development – exercise of discretion to make declaration of prohibited development – no demolition ordered – consequential order made restraining residential use until development consent for complying use obtained | NSWLEC | 1 June 2018 |
| Sydney Constructions & Developments Pty Ltd v Cumberland Council [2018] NSWSC 304 CIVIL PROCEDURE – summary dismissal – claim for specific performance of contract for sale of land – orders made for plaintiff to provide verified discovery – repeated failures on part of plaintiff to comply with orders – defendant’s ability to fairly defend proceedings prejudiced – whether appropriate for proceedings to be dismissed pursuant to s 61(3)(a) of Civil Procedure Act 2005 (NSW) | NSWSC | 8 Mar 2018 |
| Cumberland Council v Cando Management and Maintenance Pty Limited [2017] NSWLEC 50 PRACTICE AND PROCEDURE: Application to file a cross-summons out of time – change of counsel – interests of justice – costs thrown away – costs of motion – directions. | NSWLEC | 3 May 2017 |
| Cumberland Council v Badaoui Habib [2017] NSWLEC 18 ENVIRONMENTAL OFFENCES – development without consent – guilty pleas – sentencing principles – discount to be applied – totality principle – fines imposed and costs ordered | NSWLEC | 2 Mar 2017 |
| Cumberland Council v Khoury [2017] NSWLEC 14 CONTEMPT - use of premises as a boarding house without development consent - court orders to cease use - failure to comply - use ceases only after court orders to utility services suppliers suspending electricity and water services to premises - owner charged with contempt – owner convicted of contempt CONTEMPT - carry out alterations to premises without development consent - alterations designed to facilitate use as boarding house - fire safety issues - court orders removal of unauthorised work | NSWLEC | 1 Mar 2017 |
| MARKET CITY PROPERTIES PTY LTD v SYDNEY MARKET AUTHORITY [1997] NSWCA 196 | NSWCA | 25 Feb 1997 |
| STEEDMAN and ANOR v BAULKHAM HILLS COUNCIL [No 3] [1994] NSWCA 299 | NSWCA | 21 Dec 1994 |
| SYDNEY SERVICED APARTMENTS PTY LTD v THE COUNCIL OF THE MUNICIPALITY OF NORTH SYDNEY [1993] NSWCA 259 | NSWCA | 22 Feb 1993 |
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.