Binney v Mosman Municipal Council [1988] NSWLEC 132

Land and Environment Court of New South Wales

CITATION : Binney v Mosman Municipal Council [1988] NSWLEC 132 APPLICANT Binney PARTIES : RESPONDENT Mosman Municipal Council FILE NUMBER(S) : 20631 of 1987 CORAM: Holland J KEY ISSUES: :- Local Government Act, 1919 LEGISLATION CITED: Land and Environment Court Act, 1979 Interpretation Act, 1987 Local Government (Amendment) Act, 1972) Dodds v. The Warringah Shire Council (1982); Tambalum Pty. Ltd. v. Warringah Shire Council (1982); Reid v. Willoughby Municipal Council (1982); CASES CITED: Diersche v. Fairfield City Council (1983); Torvic Housewater Pty. Limited v. Mosman Municipal Council (1985); Asser v. Willoughby Municipal Council (1982); Coffs Harbour Shire Council v. Ben Hall Industries Pty. Ltd. (1983) DATES OF HEARING: DATE OF JUDGMENT: 08/15/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This is an Appeal against an order of the Court made by an Assessor.

The applicant has a swimming pool in his front yard. Between the house and the pool is a paved area. There are three sets of sliding doors at the front of the house giving access to this paved area. There is also a grassed and paved area forming part of the front yard at one side of the pool between it and a small building attached to the garage containing a change room, sauna and shower. There is no fencing between the sliding doors and the pool or between the grassed and paved area and the pool.