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QLD Property Rights - Pool Owner Forced to Install Fences by Council?

Discussion in 'Property Law Forum' started by Sarah, 4 November 2015.

  1. Sarah

    Sarah Member

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    Hello everyone,

    I have a friend who lives on the Gold Coast and she is a home owner and also has a swimming pool at the rear of her house. She is now being notified by the council that all owners of properties who have a swimming pool must by law have approved fences installed around the pool area and then have it inspected by an approved inspector. And this law also applies to any household doors entering into the pool area.

    Now she has a big canal at the back of her property, just like many Gold Coast properties and none of the canal waterways throughout the GC are fenced and neither are the nearby beaches.

    What are her property rights in this matter? The cost of the fence and alterations will be in the vicinity of $15,000 and she is considering just emptying the pool and disconnecting the pool pump. The council deadline is around December this year and then they will start to fine the householders.

    I would appreciate a suggestion in this matter.

    Thanks.
     
  2. Therese

    Therese Well-Known Member

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    Hi Sarah,

    It sounds like a frustrating situation!

    My understanding is that as her property is within the council, the regulations need to be followed.
    The inconsistencies should have been considered at the time the regulations were created.

    However, I would suggest getting in contact with the Customer Contacts Centre of the council or even the Queensland Ombudsman. There may be some possibility of demonstrating the unreasonable the price in the circumstances.
     
  3. Sarah

    Sarah Member

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    Hello Therese,

    They are two good points and so I rang the Council and they just said that's the law, so I will now engage a lawyer to initiate a class action and my friend is willing to spend a fair bit of money in advertising to get other rate payers into the class action. Are there lawyers that specialise in these sorts of class actions? Thank you very much LawAnswers for being here on the Internet at the right time and thanks Therese
     
  4. Therese

    Therese Well-Known Member

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