Coshott v The Council of the Municipality of Woollahra

In *Coshott v The Council of the Municipality of Woollahra* [1988] NSWCA 28, the New South Wales Court of Appeal considered a dispute between a property owner, Mr. Coshott, and the Council of the Municipality of Woollahra concerning the Council's refusal to grant an approval for certain building works. Mr. Coshott sought to erect a brick fence and a garage on his property, but the Council denied his application.

The central legal issue before the Court of Appeal was whether the Council's refusal to grant the building approval was lawful. Specifically, the Court had to determine if the Council had acted within its statutory powers and whether its decision was reasonable and free from error in its interpretation and application of the relevant planning controls and by-laws governing the Woollahra Municipality.

The Court of Appeal found that the Council had erred in its assessment of Mr. Coshott's application. It held that the Council had misinterpreted the relevant provisions of the Local Government Act 1919 (NSW) and the Council's own by-laws. The Court reasoned that the proposed fence and garage, as described and intended by Mr. Coshott, did not contravene the specific restrictions imposed by the by-laws concerning setbacks, height, and materials. The Council's refusal was therefore deemed to be based on an incorrect understanding of the law.

Consequently, the Court of Appeal allowed Mr. Coshott's appeal, setting aside the Council's refusal and remitting the matter back to the Council with a direction to grant the necessary approval for the building works.