Watson v Georges River Council [2024] NSWLEC 1322

Land and Environment Court New South Wales

Medium Neutral Citation: Watson v Georges River Council [2024] NSWLEC 1322 Hearing dates: Conciliation conference on 17 May 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Class 2 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) The Direction given to the Applicant by the Respondent on 21 March 2024 pursuant to section 23 of the Swimming Pools Act 1993 is revoked. (3) The Direction given to the Applicant by the Respondent on 3 April 2024 pursuant to section 23 of the Swimming Pools Act 1993 is revoked. Catchwords: DEVELOPMENT APPEAL – direction – swimming pool – conciliation conference – agreement between the parties - orders Legislation Cited: Land and Environmental Court Act 1979, s 34 Swimming Pools Act 1992, ss 23, 26 Category: Principal judgment Parties: Suzanne Watson (Applicant) Georges River Council (Respondent) Representation: Counsel: T Watson (Agent) (Applicant) S Lasker (Solicitor) (Respondent)

Solicitors: Georges River Council (Respondent) File Number(s): 2024/139478 Publication restriction: Nil

JUDGMENT 1. COMMISSIONER: This is a Class 2 appeal pursuant to s 26 of the Swimming Pools Act 1992 (Swimming Pools Act) against two directions from Georges River Council to rectify an inadequate child resistant pool barrier at 115A Kyle Parade Kyle Bay, legally known as Lot 144 DP 609368. 2. Council issued two directions on 21 March 2024 and 2 April 2024 to rectify a pool barrier pursuant to 23 of the Swimming Pools Act 1992 (Directions). 3. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 17 May 2024. I have presided over the conciliation conference. 4. In discussions leading up to and at the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties, as filed to the Court 16 May 2024 and amended on 30 May 2024. This decision involved the Court upholding the appeal and revoking the Directions. 5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.