The Council of the City of Sydney v Woodward (No 2)

The Council of the City of Sydney (the Council) and Mr. Woodward were the parties in this matter before the New South Wales Court of Appeal. The dispute concerned the Council's decision to refuse Mr. Woodward's application for development consent to construct a residential flat building. Mr. Woodward sought to challenge this refusal.

The primary legal issue before the Court of Appeal was whether the Council's refusal of development consent was invalid due to a failure to comply with the requirements of section 377 of the *Local Government Act 1919* (NSW). Specifically, the Court had to determine if the Council had properly considered all relevant matters and had not taken into account irrelevant considerations when making its decision.

The Court found that the Council had failed to properly consider the relevant matters required by section 377 of the *Local Government Act 1919* (NSW). The Council's resolution to refuse consent was based on a misunderstanding of the planning controls applicable to the site and an erroneous belief that the proposed development would contravene those controls. This failure to consider the correct planning controls meant that the Council had not exercised its discretion lawfully. The Court held that the Council's decision was therefore invalid.

The Court of Appeal ordered that the appeal be allowed, the orders of the primary judge be set aside, and that the Council's refusal of development consent be declared invalid. The matter was remitted to the Council for determination according to law.