Sutherland Shire Council orders backyard Yarrawarrah swim school business to close

A father who teaches children, including those who are neurodiverse, to swim in his backyard pool was ‘shocked’ when he was told to close. Here’s the latest.

Andrew Duncan is fighting to keep his backyard swim school open. Picture: Supplied

A father who teaches children including those who are neurodiverse to learn to swim in his backyard pool was “shocked” when he was told be a south Sydney council to cease his business.

Andrew Duncan has operated Make a Splash Learn to Swim school from his Yarrawarrah property for more than three years.

Mr Duncan said was given a stop use order by Sutherland Shire Council compliance offers this week forcing him to close in 90 days after a noise complaint was made.

He is the only teacher and teaches one or two children at a time between 8am and 6pm.

Mr Duncan said he initially inquired with council about what permission he would need before starting the business.

“I was told I did not need any permissions because the swim school was an exempt business because it met the required conditions, was only me who teaches, I don’t employ anyone and I only have one or two children learn at a time,” he said.

Andrew Duncan teaches about 100 children. Picture: Generic

In October a council compliance officer issued a control order notice requiring Mr Duncan to explain why he should be allowed to operate the business.

Mr Duncan called the council to seek clarification and he said he was again told he did not need to make a development application nor seek approval.

Mr Duncan – who teaches about 100 kids in total – also found out one neighbour had made a noise complaint and cited traffic issues.

He spent close to $10,0000 on an independent noise level assessment and parking survey which revealed the noise levels were within an acceptable range for the local environment and there were no issues with parking in his street.

“Despite all the evidence, the council has still determined my business should close,” he said.

Andrew Duncan said neurodiverse children thrive at his school. Picture: Generic

Mr Duncan said he was confused when he received the stop use order because he felt he had met the necessary criteria.

“There are so many drownings of children in Australia,” he said. “I teach many neurodiverse students who don’t thrive in a normal swim school environment. At my school they have learnt to love swimming and feel comfortable.

“There is also a huge demand for swimming lessons across the Shire.”

Mr Duncan has liaised with the council and wants to have a meeting to work out the issues, noting the closure of his business would affect his family’s livelihood.

A Sutherland Shire Council spokesman said it “strived to assist local small business operators to comply with relevant regulations”.

“The council has been liaising with [Mr Duncan] over several months to ensure the swim school run from his residential property is operating within applicable planning controls,” he said.

“These efforts follow a series of complaints made to the council expressing concern over the impact of the swim school on the amenity of surrounding residential properties.

“Investigations into the merits of these complaints concluded development consent should have been obtained by the business owner prior to commencing operation from his property.”

The spokesman said not all home businesses required development approval to commence operations, and the council had previously encouraged Mr Duncan to submit a development application if he was unsure on whether his business met the provisions of exempt development.