Cullen v Pittwater Council [2012] NSWLEC 1148

Cullen v Pittwater Council [2012] NSWLEC 1148

Because the swimming pool did not comply with the 1986 Australian Standard, the reasoning in Handley v Pittwater Council applied and compliance with the 2007 Australian Standard was required; the agreed Schedule 2 works were required to achieve compliance, and it was lawful and appropriate to make consent orders confirming the work and extending the time for completion.

Jurisdiction
Australia
Judgment Date
16 May 2012
Procedural Posture
Class 2 Appeal Against Direction Under S 23 of the Swimming Pools Act 1992 / Ex Tempore Judgment; Consent Orders
Outcome
The appeal is upheld and the direction to comply is varied by consent.
Legal Topics
['child Resistant Barrier' 'appeal Against Direction to Comply' 'consent Orders' 'swimming Pool Safety Standards']
['land and Environment' 'swimming Pools Regulation'] ['child Resistant Barrier' 'appeal Against Direction to Comply' 'consent Orders' 'swimming Pool Safety Standards']

Case Brief

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Procedural Posture

Class 2 Appeal Against Direction Under S 23 of the Swimming Pools Act 1992 / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to make consent orders varying the direction to comply by extending the time for compliance.' 'Whether the swimming pool was required to comply with AS1926.1-2007 rather than the 1986 Australian Standard.']

Ratio Decidendi

Because the swimming pool did not comply with the 1986 Australian Standard, the reasoning in Handley v Pittwater Council applied and compliance with the 2007 Australian Standard was required; the agreed Schedule 2 works were required to achieve compliance, and it was lawful and appropriate to make consent orders confirming the work and extending the time for completion.

Court Disposition

The appeal is upheld and the direction to comply is varied by consent.

Orders

  • ['The Appeal is upheld.' 'The direction to comply (NOT0012/12) dated 20 February 2012 issued by the Respondent to the Applicant under s 23 of the Swimming Pools Act 1992 in relation to lot 1 DP 612219, 47 Vineyard Street Mona Vale NSW 2103 be varied to require the Applicant to carry out the measures specified in...