Ballina council calls the lawyers in due to ‘odour, mosquito-larvae and safety concerns’ at swimming pool

The council has called in its lawyers in a desperate effort to resolve the public health and safety issues at a resident’s private swimming pool.

Ballina Shire Council is taking a resident to the Land and Environment Court over the state of their swimming pool.

A homeowner’s swimming pool is allegedly so mosquito-infested, smelly and unsafe that it has prompted Ballina Shire Council to take the unusual step of pursuing legal action.

At the May council meeting, during a confidential session, councillors present voted unanimously to commence legal proceedings in the Land and Environment Court.

The resolution was passed “to seek a penalty for the ongoing public health and safety non compliances” recorded at a swimming pool in Jarrett Street, Ballina.

Those legal proceedings will seek “suitable remedial action to be carried out to address the public health and safety matters relating to the swimming pool”.

Ballina Shire Council has declined to confirm the exact address and the name of the person it is tabling the matters against.

Since the topic was discussed behind closed doors by councillors, there is no public record of their comments regarding the issue.

However council staff provided councillors with a report, tabled as a public document, explaining the main reasons for the decision.

“Mosquito larvae within the swimming pool water, inadequate treatment of the water within the swimming pool, odour from swimming pool, mosquitoes swarming from the swimming pool to adjoining properties, stagnant water (and) suitability of swimming pool barrier fence,” the document stated.

According to the report, the council acted based on complaints received regarding the issue, but “at present, the swimming pool barrier and public health issues have not been suitably resolved”.

Ballina Shire Council has declined to confirm the exact address and the name of the person it is tabling the matters against.

Matthew Wood, director of Planning and Environmental Health Division at Ballina Shire Council, confirmed the legal action was about to commence.

“It has been in a condition where there has been odour, and well as mosquito larvae, so the potential for mosquitoes to swarm from the pool, plus issues and concerns regarding the barrier that surrounds the pool, in terms of pool safety compliance,” he said.

“There’s actually been various issues arise in relation to this property since the mid-2000s, but that’s not to say that the people that own the property haven’t taken action to resolve things ‒ they have, over time. Various things have come and gone.”

Mr Wood said the current issues with the pool were originally flagged by the council in 2017, and he confirmed it was unusual for the council to take a landowner to court over these type of matters.

“It is routine for council to be inspecting pools to ensure they are compliant, both from public health and barrier safety perspectives,” he said.

“What is unusual is for one to get to the point where we need to take court action to seek remedy; normally landowners would take corrective action.”