Development applications in Maitland 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
- 1043
- last 12 months
- Lodged
- 0
- Under assessment
- 170
- Determined
- 818
- Withdrawn
- 55
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
- 42 days
- half are decided faster than this
- Average
- 62 days
- a few slow cases pull this up
- Based on
- 2,223
- determined applications
Planning disputes
19 on recordPlanning and environment court and tribunal matters naming Maitland City Council, newest first. Each links to the full public judgment.
| Matter | Court | Decided |
|---|---|---|
| Farley Environment Care Inc. v HL Fry Properties Pty Ltd [2021] NSWLEC 77 PROCEDURE – leave sought to rely on expert funeral industry evidence in judicial review proceedings – evidence of funeral industry consultant to inform characterisation of development consent for crematorium and cemetery reasonably necessary PROCEDURE – leave sought to rely on ecological evidence in judicial review proceedings – whether biodiversity development assessment report required in relation to development consent for crematorium and cemetery a question of jurisdictional fact – ecologica | NSWLEC | 20 July 2021 |
| Downes v Maitland City Council [2020] NSWSC 1555 CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Claim by plaintiffs alleging negligence and nuisance — Where defendant relies on Local Government Act 1993 (NSW) s 733 as a complete defence — Whether triable issue as to whether defendant acted in good faith | NSWSC | 4 Nov 2020 |
| Passmore v Maitland City Council [2017] NSWCA 253 TORTS — Negligence — Proof of negligence — primary judge not satisfied the appellant was injured as a result of the condition of the tennis court — no error in primary judge’s accepting evidence of respondent’s witnesses — no issue of principle raised CIVIL PROCEDURE — Hearings — Adjournment — no error in primary judge’s refusal to adjourn hearing CIVIL PROCEDURE — Separate determination of questions — no error in primary judge’s ordering that question of liability be determined separately and i | NSWCA | 13 Oct 2017 |
| Vincent Land Pty Ltd v Maitland City Council [2017] NSWSC 719 PROCEDURE – courts – transfer of proceedings between courts – proceedings commenced in Supreme Court seeking relief not available in the Land and Environment Court – related proceedings already commenced in the Land and Environment Court – both proceedings dealing with different aspects of the same subject matter – Supreme Court proceedings transferred | NSWSC | 6 June 2017 |
| Vincent Land Pty Ltd v Hyder Consulting Pty Limited [2012] NSWLEC 261 PROCEDURE - application for strike out or summary dismissal of proceedings by applicant for modification of development consent acting as an agent for the owner of land - no cause of action disclosed in points of claim - applicant for modification application a proper party to proceedings - no order for strike out or dismissal made | NSWLEC | 29 Nov 2012 |
| Vincent Land Pty Ltd v Hyder Consulting Pty Ltd (No 2) [2012] NSWLEC 272 JUDICIAL REVIEW - application by consent for making of declaration of invalidity of modification to a landfill facility consent - necessity for declaration established | NSWLEC | 29 Nov 2012 |
| Vincent Land Pty Ltd v Hyder Consulting Pty Ltd [2012] NSWLEC 105 JUDICIAL REVIEW: application seeking an order that a council furnish the applicant with a written statement setting out its reasons for its approval of a modification application - council the proponent of the modification application - applicable legal principles - importance of reasons - application made | NSWLEC | 8 May 2012 |
| Maitland City Council v Khalil [2012] NSWLEC 58 CIVIL ENFORCEMENT - failure to repair or make structural alterations to a building in accordance with statutory orders - failure to remove waste from a building in accordance with council order - orders to remedy breaches of statute - applicant council sought court order for it to carry out work required by statutory orders - respondent building owner sought for court to extend time in statutory orders to carry out works himself - variation of statutory orders not within Court's Class 4 jurisdic | NSWLEC | 29 Feb 2012 |
| Atkins v Maitland City Council [2010] NSWLEC 36 QUESTION OF LAW :- determination of separate question pursuant to Part 28 rule 2 of the Uniform Civil Procedure Rules 2005 - whether development permissible – interpretation of planning instrument - subdivision control – minimum allotment size – concessional allotment – context – development permissible | NSWLEC | 18 Mar 2010 |
| Maitland City Council v Link Building Services Pty Limited [2008] NSWLEC 71 Prosecution :- carrying out development without first obtaining development consent - plea of guilty - penalty - relevant objective considerations - gaining commercial advantage - no environmental harm - no direct expression of contrition and remorse - mitigating factors | NSWLEC | 31 Jan 2008 |
| Whitlock v Maitland City Council [2007] NSWLEC 625 Prosecution :- appeal against conviction - sales of seafood from mobile food van - existing use rights - shops - convenience stores - leave to rely on fresh evidence - appeal dismissed | NSWLEC | 13 Sept 2007 |
| Maitland City Council v Anambah Homes Pty Limited [2005] NSWCA 455 ENVIRONMENT AND PLANNING - Development consent - Subject to condition requiring dedication of land free of cost - Whether condition protected from challenge to validity - Whether condition severable - Environmental Planning and Assessment Act 1979 s 94, s 101 - ADMINISTRATIVE LAW - Privative provisions - ‘Manifest’ jurisdictional error - Threefold Hickman principle - Third limb - Whether decision reasonably capable of reference to power - Whether excess of jurisdiction appeared on face of consen | NSWCA | 16 Dec 2005 |
| T & E BOURBOUS v MAITLAND CITY COUNCIL [2005] NSWLEC 483 Compensation - Compulsory Acquisition of Land :- Rear of existing shop premises - whether acquired land flood affected - whether acuired land had any development potential - Special Value | NSWLEC | 5 Sept 2005 |
| Maitland City Council v Barry Murdoch & Anor [2005] NSWSC 762 Rates paid pursuant to declaration by council as to category - concession that land had been incorrectly categorised - moneys had and received - jurisdiction of Local Court - moneys paid under mistake - areas of challenge available where decision is made in Small Claims Division. | NSWSC | 2 Aug 2005 |
| Anambah Homes Pty Limited v Maitland City Council [No 2] [2004] NSWLEC 719 Judicial Review :- whether invalid consent condition requiring the dedication of land is severable - validity of consent conditions requiring the carrying out of works on cycleway | NSWLEC | 21 Dec 2004 |
| Anambah Homes Pty Limited v Maitland City Council [2004] NSWLEC 615 Judicial Review :- validity of consent conditions - application of s 101 of the Environmental Planning and Assessment Act 1979 - Hickman principles | NSWLEC | 13 Dec 2004 |
| JOHNSON v JOHNSON [1991] NSWCA 159 | NSWCA | 10 Sept 1991 |
| J ROBINS (CHIPPENDALE) PTY LTD v SAKIC [1989] NSWCA 108 | NSWCA | 21 Sept 1989 |
| MAITLAND CITY COUNCIL ABATTOIR DEPARTMENT v SUTCLIFFE [1989] NSWCA 134 | NSWCA | 16 May 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.