I have an investment property at the Gold Coast.
In Nov 2003 a child drowned in a pool across the road. Not even this tragic event prompted my neighbour to fence his pool properly.
In June 2004 I made an enquiry with the Gold Coast City Council and the owner of the neighbouring property was asked to install a fence separating his pool from his house.
The council continues to refuse to deal with the dividing fence that is used as part of the neighbours pool fencing arrangement, although it is over 20 years old, has structural problems and gaps large enough for 2 year old toddlers to walk straight though (have a photo to prove this). A building inspector and fencing contractors confirm the fence is beyond repair.
I have been to court three times and lodged complaints with the ELPS and the ombudsman but all I have heard is this:
Court: Only minor repair is necessary.
Ministy for Environment, Local Government, Planning and Women (MP Desley Boyle’s office): we make the rules but it is up to the council to enforce them.
GCCC (incl Mayor Ron Clarke): we are not responsible to ensure compliance and we don’t have the staff either.
QLD Ombudsman: we cannot see anything wrong with the attitude of the council.Maybe people are right that life is cheaper in QLD, as a child’s life there only costs $839.85. This is how much it would cost to replace that section of dividing fence enclosing the pool.
I know I could pay for the replacement myself but the neighbour has shown no interest in a safe environment (either pool or other matters) and my tenants have been intimidated by him and the council.
Any other avenues that I can pursue?
Thank you for your help.
WTBnow
Don’t know what else you can do.
If something did happen after you had pointed all this out, there would be some serious suing going on!
Councils have duty of care, if they are aware of a prolem and do not take steps to rectify the problem, they are in breach of the duty, and could be liable for damages if someone is injured.
Terryw
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Why not give one of the current affairs people a call, see if public exposure will do the trick, or at least threaten to call them and see if that moves things along.
Wylie.
Im thinking campaign with the entire street. Maybe they are intimidated 1-1 but if you can get them all together you may have a good community push.
It would hopefully intimidate the owner or possibly have more clout with council.
Imagine a whole street boycotting paying rates until council did their job?
What we’re the curcumstances behind the child’s dead?
Is it the same person that had the care of the child that now lives in the property?
A variety of free comprehensive property analysis calculators and feasability program downloads.
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Lending Money Joint Ventures Subscription Five Star ChecklistThank you for your suggestions.
1) The child that drowned across the road was an unrelated incident.
2) Will have another talk to the neighbours and contact the 6.30pm shows and various newspapers.
3) Council is now talking to their legal department, as they now know that I have taken the neighbour to court over the pool fencing issue.Will post outcome of next court hearing in July. Maybe this time the neighbour shows up and does not send in a ‘sick’ note without the court postponing the hearing.
WTBnow
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