Legowski & anor v Snowy River Shire Council [2016] NSWLEC 1110

Land and Environment Court New South Wales

Medium Neutral Citation: Legowski & anor v Snowy River Shire Council [2016] NSWLEC 1110 Hearing dates: 22 March 2016 Date of orders: 01 April 2016 Decision date: 01 April 2016 Jurisdiction: Class 1 Before: Brown C Decision: Conditions of consent are to be formulated following the Courts determination of the matters in dispute. The conditions are to be filed by 15 April 2016 following which final orders will be made in Chambers Catchwords: DEVELOPMENT APPLICATION: appeal against decision for review of conditions of approval for "serviced apartment" – whether "serviced apartment" can accommodate 15 people Legislation Cited: Environmental Planning and Assessment Act 1979 Snowy River Local Environmental Plan 2013 Category: Principal judgment Parties: Sylvia Legowski and Ian Cameron (Applicants) Snowy River Shire Council (Respondent) Representation: Counsel: Mr C Drury, solicitor (Applicants) Mr S Simington, solicitor (Respondent)

Solicitors: Sparke Helmore (Applicants) Lindsay Taylor Lawyers (Respondent) File Number(s): 11171 of 2015 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of an application for review by the Snowy River Shire Council on 11 August 2015, under s 82A of the Environmental Planning and Assessment Act 1979. The application seeks a review of conditions 6, 7 and 8 of DA0036/2015 imposed by the council for the use of an existing 4 bedroom dwelling for a "serviced apartment" at 7 Twynam Street, Jindabyne (the site). 2. Conditions 6, 7 and 8 are: 6. The developer is to ensure that each bedroom in the holiday dwelling is to be occupied by the number of persons not exceeding the number listed in the following schedule: Bedroom 1= 2persons Bedroom 2 = 2persons Bedroom 3 = 2 persons Bedroom 4 = 2 persons 7. The developer shall ensure that the holiday dwelling is not used to accommodate more than eight (8) persons. 8. The development shall ensure that a sign be erected on the back of the main entrance door(s) into the premises or holiday dwelling stating the following: "The maximum number of persons permitted to be accommodated in the holiday dwelling is eight (8)". Note: the developer may obtain the abovementioned sign (i.e. sticker) from Council. Please contact Council's Department of Environmental Services on (02) 6451 1550. 1. The review by the applicant sought to increase the number of persons using the "serviced apartment" from 8 persons to 15 persons in conditions 6, 7 and 8. The development application sought 15 persons to occupy the "serviced apartment" however the number was reduced to 8 persons as a result of the council assessment of the application. 2. A contention relating to inadequate parking was not pressed by the council.