Greens councillor James Ryan's notice of motion to seek legal opinion on planning minister Tony Kelly's decision to strip the council of most of its planning powers created angry debate and name calling around the seating horseshoe.

Councillors Cordelia Burcham and Allan McCudden were absent from the meeting at which Cr Ryan's motion was supported by one vote.

Mayor Cr Alison Davey said she was voting against the motion which she said was dividing the council.

The council will spend no more than $5000 seeking legal advice which it wants in a report before October 1.

Cr Ryan said Mr Kelly made claims in a media release which were not correct.

He said Mr Kelly had been quick to use outdated information to tell the media that Cessnock council was slow in approving development applications.

"However he conveniently forgot to say that in the current financial year, most development applications at Cessnock were being approved in 29 days or under, making Cessnock council one of the best performing councils in NSW," Cr Ryan said.

"I have always been concerned that the minister and local member Kerry Hickey are using Cessnock council as a political football since the ALP lost their majority on council in 2008."

Cessnock's ALP councillors argued that the money would be wasted on legal advice and better spent on ratepayers.

Cr Graham Smith said that judging from previous examples there was no chance of having the decision overturned. He gave notice he would lodge a rescission motion against the decision at the next council meeting.