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Pool fencing question - help please.
boundary fence being used at pool fence - developer.


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#1 whale-woman

Posted 24 January 2013 - 06:22 PM

I was hoping a pool fencing guru out in EBland could help me here. Today I got a visit from a guy asking to see our boundary fence. I'm 8 mpnths pg and it took me a while to work out it was someone from the developer who is building some (from our point of view) horrible townhouses behind our house. He wanted to see the fence as he was planning in putting in 2 pools and wanted to use the boundary fence as the pool fence. Saying that he'd get some people to replace it with a higher 2.5 m fence in a day. I felt pretty powerless ( after having the development occur despite opposing it. and many months of noise and tradies staring into our lounge) pretty much took the line of 'so when is this happening?.' To which he say he'd stick a card under our door.

He's already knocked a small hole in the fence (accidentally) and the fence (good quality only a couple of years old) is listing as they have undermined it when they excavated. I have got a tree growing up against it and have planted bamboo to block the view of the townhouses and have a bouganvillea on the fence as well as having put wooden screens along it's top to make it so we aren't constantly stared in on (both of which have cost us several hundred $$) It also has an bird aviary and shed within a few cm of it. I understand that a non climbing zone of 90 cm has to be in place and suspect this would mean I'd have to get rid of my tree and bamboo/anything growing on the fence. I also have a toddler and will have a 2nd  bub in 2 weeks and really don't want to have the responsibility for keeping ladders etc inaccessible in our yard in case she decides to scale the fence (even if it's 2.5m.)

Is there any chance that we can stop this happening or should we just roll over and accept it or even look at moving house (yeah maybe a over reaction but how I'm feeling currently.) Am I right about having to remove the plants growing on the fence? We're in Vic.

Help please???

Edited by whale-woman, 24 January 2013 - 06:59 PM.


#2 Chalkie

Posted 24 January 2013 - 06:37 PM

Hi, I would call your council and ask the question.  As far as I am aware you would not need to remove trees etc - it would be up to them to erect a fence that is not climbable on either side. - so perhaps replacing your fence?

I would call and ask for a council ranger to come out and take a look.

#3 Julie3Girls

Posted 24 January 2013 - 06:49 PM

From my understanding, you won't need to do anything special with your side of the fence.

We use our back fence as part of our pool fence - requirements were 1.8m height (as opposed to the normal 1.2m for a pool fence). We were told the increase in height was to try and discourage kids from climbing (even using something), because the drop from the top of the fence would be higher and more daunting.

#4 whale-woman

Posted 24 January 2013 - 06:53 PM

Ensure no tree branches, pool pumps, pot plants or other item which could be used to climb over the barrier are within a 900mm radius of the gate or fence - http://www.buildingcommission.com.au/www/h...pools--spas.asp

You should also make sure that there are no trees, plants, furniture, barbecues, pool equipment or anything else that is climbable within 900mm (90cm) of the outside of your pool fence.  This is called a non climbable zone (NCZ). This is because kids are naturally curious and can use these to climb into the pool area.

Read more: http://www.homeimprovementpages.com.au/art...a#ixzz2IshFoH8j

This is what is concerning me...  that we effectively lose our back boundary garden/have to stare at a bare fence or site any tall plants so the don't reach 90cm from the fence as well as then will be responsible for half the presumably higher upkeep/maintenance costs of a pool fence once it's in place. Not to mention that we have a shed filled with ladders/planks etc that adventurous kids could drag out to go over the fence. So will have to change our management of such things. Really the crux of it comes that I will become responsible for policing the safety of pool fence that is not for my pool. I wouldn't have pool myself as I wouldn't want the safety issues, but now seem to be in the situation of having them forced on me.

I will call the council tomorrow, but suspect I'll be having sleepless night

Edited by whale-woman, 24 January 2013 - 07:13 PM.


#5 hopelessromantic

Posted 24 January 2013 - 06:55 PM

Call your local council for the laws and go from there.  At least for your peace of mind and then if things need to be changed, well it's for your babies safety too.  

The council will not mind clarifying the laws.

#6 Coffeegirl

Posted 24 January 2013 - 07:25 PM

I'm pretty sure the council can't make you remove trees or current fencing or structures because someone on the other side of the fence wants a pool. Think of the nightmare that would cause!

the developer would have to move the location of the pool to comply.

#7 JRA

Posted 24 January 2013 - 09:38 PM

QUOTE (Coffeegirl @ 24/01/2013, 07:25 PM) <{POST_SNAPBACK}>
I'm pretty sure the council can't make you remove trees or current fencing or structures because someone on the other side of the fence wants a pool. Think of the nightmare that would cause!

the developer would have to move the location of the pool to comply.

They can't.

If using a boundary fence as a pool fence it needs to that much higher. You dont have to remove stuff.

IF it is 2.5m that is better than I believe it legally needs to be, so that is a good thing

#8 Julie3Girls

Posted 25 January 2013 - 07:44 AM

As is said, we have a boundary fence as a pool fence. The neighbours, still have trees etc there, didn't need to do anything on their side.

That's why the fence needs to be higher than a standard pool fence, because you have no control what's on the other side. The extra height makes it harder to climb, and more daunting for the child to jump down on the pool side, where there shouldn't be anything to climb on.  

It's great that they are willing to replace the fence and go with a 2.5m fence.  You shouldn't need to change anything on your side.

#9 Gegemite

Posted 25 January 2013 - 10:04 AM

A friend had some kind of creeper growing on her pool fences she had to remove it but was told things like boganvillia (sp?) are ok as thorns discourage climbing.

Edited by Gegemite, 25 January 2013 - 10:04 AM.


#10 Daisy Goat

Posted 25 January 2013 - 10:46 AM

I think you are actually getting a better deal than you currently have. 2.5 metre fence is by far much better than a standard fence. Since  the old fence has already been underpinned and is listing then a new higher quality fence is great.

Your concern about a child using a ladder is the same whether it is your old  lower fence or a new one. You need to teach your own children that they are not to venture onto other properties regardless of the type of fence.

If the developer  left the fence and put a pool fence around the pools it would be no different for ease of access. All it would take is one of the many tenants of the high rise to have left something lying round that  a child could stand on and then they would be over the fence anyway. Far less chance of this if the original fence is 2.5 metres


#11 PrincessPeach

Posted 25 January 2013 - 11:21 AM

QUOTE (Coffeegirl @ 24/01/2013, 07:25 PM) <{POST_SNAPBACK}>
I'm pretty sure the council can't make you remove trees or current fencing or structures because someone on the other side of the fence wants a pool. Think of the nightmare that would cause!

the developer would have to move the location of the pool to comply.


In Qld, they can't, however if there are structures, it just means you cannot use the boundary fence as part of the compliant pool fence.

my BIL's neighbours had to move their children's cubby house away from the fence so BIL could use their boundary fence as a compliant fence - their boundary fence is 1.8m high.




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