Legowski v Snowy River Shire Council (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Legowski & anor v Snowy River Shire Council (No 2) [2016] NSWLEC 1162 Hearing dates:22 March 2016, 1 April 2016, 22 April 2016Date of orders: 04 May 2016 Decision date: 04 May 2016 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is upheld.2. 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 are reviewed under s 82A of the Environmental Planning and Assessment Act 1979 in the terms set out in the consolidated conditions and marked as Annexure A.3. The exhibits are returned with the exception of exhibit A. Catchwords: DEVELOPMENT APPLICATION: appeal against application for review of conditions of approval for “serviced apartment” – whether “serviced apartment” can accommodate 15 people – submissions on conditions Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Legowski & anor v Snowy River Shire Council [2016] NSWLEC 1110 Category:Principal judgmentParties: 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 2015Publication restriction:NoJudgment 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, seeking a review of conditions 6, 7 and 8 of DA0036/2015...