Rennex v Council of the City of Wollongong

In *Rennex v Council of the City of Wollongong* [1995] NSWCA 390, the New South Wales Court of Appeal considered a dispute between a property owner, Mr. Rennex, and the Council of the City of Wollongong concerning the Council's refusal to grant development consent for a proposed residential subdivision. Mr. Rennex sought to subdivide his land, but the Council denied consent, leading to the appeal.

The primary legal issue before the Court of Appeal was whether the Council's refusal of development consent was valid, particularly in light of the provisions of the *Environmental Planning and Assessment Act 1979* (NSW) and the relevant local environmental plan. The Court was required to determine if the Council had properly considered all relevant factors and applied the correct legal tests when assessing Mr. Rennex's development application.

The Court of Appeal found that the Council had erred in its assessment of the development application. It held that the Council had failed to properly consider the merits of the proposed subdivision in accordance with the objectives and provisions of the relevant planning instruments. The Court emphasised the importance of a balanced consideration of all relevant factors, including the applicant's rights and the public interest, when determining development applications. The appeal was allowed, and the matter was remitted to the Council for reconsideration.