Council of the City of Sydney v Garbett Pty Ltd

The Council of the City of Sydney (the Council) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales concerning a dispute with Garbett Pty Ltd and another party (the respondents). The core of the dispute involved the Council's refusal to grant a development consent for a proposed shopping centre and office complex.

The primary legal issues before the Court of Appeal were whether the Council had acted unlawfully in refusing the development consent and, if so, whether the Supreme Court had erred in its previous determination. Specifically, the court had to consider the proper interpretation and application of the relevant provisions of the *Environmental Planning and Assessment Act 1979* (NSW) and the Council's own planning instruments in assessing the development application.

The Court of Appeal found that the Council had failed to properly consider all relevant matters required by the legislation and its planning controls when determining the development application. The court emphasised that a consent authority must undertake a comprehensive assessment of the proposal, taking into account all material considerations and giving them appropriate weight. The Council's refusal was found to be based on an erroneous understanding of its obligations and an improper consideration of certain factors, leading to an unreasonable and therefore unlawful decision.

Consequently, the Court of Appeal upheld the Supreme Court's decision, quashed the Council's refusal of development consent, and remitted the matter back to the Council with a direction to reconsider the application in accordance with the law.