Autore v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: Autore & anor v Waverley Council [2015] NSWLEC 1350 Hearing dates:12 August 2015Date of orders: 25 August 2015 Decision date: 25 August 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application for an exemption refused Catchwords: SWIMMING POOLS: Application for pool barrier exemption; Legislation Cited: Swimming Pools Act 1992 Swimming Pools Regulation 2008 Cases Cited: Reemst v Woollahra Municipal Council [2012] NSWLEC 1141 Category:Principal judgmentParties: Rosario and Jane Autore (Applicants) Waverley Council (Respondent) Representation: Applicant: Mr N Eastman (Barrister) Respondent: Mr S Patterson (Solicitor)     Solicitors: Applicant: Gadens Respondent: Wiltshire Webb Staunton Beattie Lawyers File Number(s):20256 of 2015Judgment COMMISSIONER: This is an appeal against Waverley Council’s refusal to grant an exemption pursuant to s 22 of the Swimming Pools Act 1992 (the Pools Act). The applicants seek an exemption with respect to swimming pool barrier requirements. The appeal comes to the Court under s 26(1) of the Pools Act. The applicants’ in ground concrete swimming pool is located at the rear of their property at 21 Kenneth Street, Tamarama (the site). It was approved in 2013 by DA24/2012. The pool is located at the rear of the site. At the rear of the adjoining property to the east, 23 Kenneth Street is another in ground swimming pool. The rear boundaries of both properties adjoin a public reserve on Mackenzies Bay through which traverses the Bondi to Bronte coastal path. Both properties enjoy extensive views of the ocean, beaches and coastal headlands. The masonry...