Gosch C v Snowy River S C [2004] NSWLEC 158

Gosch C v Snowy River S C [2004] NSWLEC 158

The existence of double beds in one-person rooms does not necessarily constitute a breach of development consent if there is no evidence of more than one person using the room; the appropriate remedy is managerial control and record-keeping. Further, the use of the manager's suite in its current configuration is consistent with the approved use as on-farm tourist accommodation if a building certificate is obtained; thus, strict reinstatement is not required subject to fire safety compliance.

Jurisdiction
Australia
Judgment Date
10 March 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeals partially allowed; most orders made by consent with modifications for outstanding issues.
Legal Topics
['designated Development' 'on Farm Tourist Accommodation Facility' 'development Consent Conditions' 'enforcement of Planning Controls']
['planning and Environment'] ['designated Development' 'on Farm Tourist Accommodation Facility' 'development Consent Conditions' 'enforcement of Planning Controls']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether provision of double beds in single-person bedrooms breached development consent condition 12' "Whether current use of manager's suite and alterations (including kitchen provision) require re-instatement to approved uses or justify orders sought" 'Whether fire safety and BCA compliance necessitate removal of kitchen or reinstatement of hobby/music room']

Ratio Decidendi

The existence of double beds in one-person rooms does not necessarily constitute a breach of development consent if there is no evidence of more than one person using the room; the appropriate remedy is managerial control and record-keeping. Further, the use of the manager's suite in its current configuration is consistent with the approved use as on-farm tourist accommodation if a building certificate is obtained; thus, strict reinstatement is not required subject to fire safety compliance.

Court Disposition

Appeals partially allowed; most orders made by consent with modifications for outstanding issues.

Orders

  • ['Make consent orders as per Exhibit 1 for appeal 11257 of 2003.' 'Make orders 1 through 5 as per Exhibit 2 for appeal 11260 of 2003; order 6 suspended for building certificate.' "Make orders 1, 4, 6, 8, 10, 11 as per Exhibit 3 for appeal 11259 of 2003; orders 5, 7, 9 altered to require rooms used by one person at a...