Sydney developer Winten Property Group has appealed to the Land and Environment Court as it tries to win approval for a huge new housing estate on Newcastle's western fringe.
The Newcastle Herald reported in February that the company had lodged two separate development applications for the 2000-lot development, which straddles the Newcastle and Lake Macquarie council areas near the M1 Motorway at Minmi.
A City of Newcastle spokesperson said on Friday that Winten had appealed to the LEC over the "deemed" refusal of the $200 million project.
"Under state planning legislation, applicants can commence proceedings in the Land and Environment Court against the deemed refusal of a Development Application if it is not determined within the prescribed period, which was 40 days for this DA," the spokesperson said.
Winten's case against Lake Macquarie City Council is listed for an online LEC hearing on Wednesday.
An LMCC spokesperson said the council understood the developer wanted the project approved by the end of the year and had gone to the LEC to expedite the matter.
A Winten spokesman declined to comment.
The development applications represent the bulk of a 517-hectare site Winten bought from mining company Coal and Allied in 2015 for $65 million.
In 2013, the state Planning Assessment Commission approved a five-stage concept plan for the site which included 3300 housing lots and two commercial centres.
Newcastle council has approved two smaller stages of the project, comprising 371 lots, in the past two years, and had begun assessing a DA for another 948 lots before Winten appealed.
The Lake Macquarie section of the project includes 1064 lots.
The National Parks and Wildlife Service wrote in a submission to Newcastle council that it objected to the development application because it did not satisfy elements of the 2013 concept plan approval in relation to protecting and improving the neighbouring Blue Gum Hills Regional Park.