Green v Hornsby Shire Council

[2025] NSWLEC 1756

Land and Environment Court

New South Wales

Medium Neutral Citation:

Green v Hornsby Shire Council [2025] NSWLEC 1756

Hearing dates:

Conciliation conference on 17 October 2025

Date of orders:

21 October 2025

Decision date:

21 October 2025

Jurisdiction:

Class 2

Before:

O’Neill C

Decision:

The Court orders:

(1)  The appeal is upheld.

(2) An order that the Direction to Comply issued under the provisions of s 23 of the Swimming Pools Act 1992 (NSW) by the Respondent to the Applicant on 18 June 2025 (Attachment A) is amended as follows:

Under the heading of PERIOD FOR COMPLIANCE WITH THE DIRECTION the following words are to be inserted:

Item 1 of the Scope of Works is to be carried out within 30 days of the date of this Order.

Catchwords:

DIRECTION – appeal against a Direction to Comply with specific measures regarding a swimming pool barrier – conciliation conference – agreement between the parties – orders

Legislation Cited:

Land and Environment Court Act1979 (NSW), s 34

Swimming Pools Act1992 (NSW), ss 23, 26(1)(d)

Category:

Principal judgment

Parties:

Samuel Green and Samantha Horlyck (Applicant)
Hornsby Shire Council (Respondent)

Representation:

Counsel:
Self-represented (Applicant)
B Lennox (Solicitor) (Respondent)

Solicitors:
Storey & Gough (Respondent)

File Number(s):

2025/274847

Publication restriction:

No

JUDGMENT

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 26(1)(d) of the Swimming Pools Act1992 (NSW) (Swimming Pools Act), against a Direction to Comply issued by Hornsby Shire Council (the Council) under s 23 of the Swimming Pools Act regarding a swimming pool barrier at the residential property located at 12 Namoi Street North Epping (the site).

2. The appeal was filed on 17 July 2025, within 28 days of the date of the Direction, in accordance with s 26(2) of the Swimming Pools Act.

3. The appeal relates to item 1 of the Direction, as the Applicant elected to comply with items 2, 3 and 4 of the Direction.

4. 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 October 2025. I presided over the conciliation conference. 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. 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.

5. I am satisfied that the jurisdictional prerequisites to the exercise of the power to amend the Direction issued by the Council to the Applicant on 29 June 2025 pursuant to s 23 of the Swimming Pools Act have been met.

Orders

6. The orders of the Court are:

1. The appeal is upheld.

2. An order that the Direction to Comply issued under the provisions of s 23 of the Swimming Pools Act1992 (NSW) by the respondent to the applicants on 18 June 2025 (Attachment A) is amended as follows: Under the heading of PERIOD FOR COMPLIANCE WITH THE DIRECTION the following words are to be inserted: “Item 1 of the Scope of Works is to be carried out within thirty days of the date of this Order.”

Susan O’Neill

Commissioner of the Court

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Annexure A.863 KB.pdf