Berckelman v Mosman Municipal Council [1988] NSWLEC 145

Land and Environment Court of New South Wales

CITATION : Berckelman v Mosman Municipal Council [1988] NSWLEC 145 APPLICANT I Berckelman PARTIES : RESPONDENT Mosman Municipal Council FILE NUMBER(S) : 40270,; 20623 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1919 Land and Environment Act 1979 Manning Shire Council v. Caernarvon Pty. Limited; CASES CITED: Binnie v. Mosman Municipal Council, (1988); Morris v. Sydney City Council, Hemmings J,(1987) DATES OF HEARING: 03/03/88, 07/03/88 DATE OF JUDGMENT: 11/11/1988

APPICANT LEGAL REPRESENTATIVES: Mr Rigg

JUDGMENT:

His Honour: On 7 March 1988, Assessor Riding published a decision in an appeal to the Land and Environment Court under s.288C(5) of the Local Government Act in which the following order was made:

"The applicant be directed to fence the swimming pool at 11 Upper Spit Road, Mosman by erecting a fence from the existing eastern fence at right angle to that fence and passing 1m to the south of the pool steps to close to the line of the western edge of the pool, thence northerly to the line of the western edge of the southern doorway in the rumpus room eastern wall and thence westerly to that wall. A gate be provided in approximately the middle part of the fence to the south of the pool and the gate existing to the northwest of the pool be upgraded to comply with the Australian Standard 1926-1986. All the above work be carried out in compliance with the Australian Standard 1926-1986 and be completed within three months from the date of this order."