Australasian Leisure Management
Feb 25, 2022

Council orders Sydney swim school to close

Sydney's Northern Beaches Council has issued a shutdown order to a popular swim school in the suburb of Avalon to close.

Barrenjoey Swim School, which operates from the home of Damian and Lucie Geyle at Avalon Beach, reportedly fails to meet the definition of a ‘home business’ under local planning rules because it interferes with the amenity of the neighbourhood, specifically noise and traffic generation.

Following a Council investigation in December last year it was determined that the Swim School, which has operated from their backyard pool for almost a decade, should instead be classified as a ‘recreation facility’, which is not permitted in an R2 zone.

Damian Geyle said the order came as a complete shock, as the couple believed they complied with all necessary regulations, telling the Northern Beaches Advocate “I was a lifeguard for 10 years, I joined surf lifesaving when I was about 15-16. About 11 years ago, I was a nipper parent at Avalon and when my first boy went through, I volunteered to be the Age Manager. When the kids got to under 9s, none of them could swim.

“I said to the parents, come to our house and we’ll teach them how to swim. What happened was very organic, we never set out to be swim teachers. Lucie asked, ‘Why don’t you start teaching kids how to swim properly?’

“So we went to Pittwater Council (the predecessor to Northern Beaches Council, ed) to get our paperwork correct. We did all the legal things where you get yourself a certification and you get your ABN.

“We checked with Council and they said, tickety-boo, as long as you’re a home business, you don’t have more than that many employees and you’re not interfering with the neighbourhood, then you’re good. The Council would constantly check on us and just make sure that everything was kosher. That’s how we started, that’s the way we kicked off."

Expressing concerns that the Council is "making it more difficult ... to ensure children are competent swimmers, Geyle said the swim school operates Monday to Friday during school terms to align with family routines, adding "we do little groups. We’re in the water a lot, but it’s only Monday to Friday, and we do it for the school term. Parents have their routine, before school, after school. We started off and (Pittwater) Council would check on us, and then the Northern Beaches Council started to check on us."

Geyle believes small swim schools are important for children who may struggle in larger groups or at large swim centres, adding "(we have been) teaching kids with sensory issues, they’re the ones that can’t go to a big swim centre. Not everybody can go to a big swim centre, some children are terrified by the noise. No matter how many big swim centres you have, you need the little ones to help. We’re a little swim school that assists to keep the rest of our community safe."

The swim school was forceed to cease operating lessons as of 21st February, following an order dated 16th February which indicated that observations conducted on a single day has resulted in the shutdown order with no apparent recourse.

Damian Geyle would not be drawn on the complaints that resulted in the Council order, but some parents commenting on social media have reported verbal run-ins with a nearby resident over street parking.

Northern Beaches Council advised that it was investigating the swim school’s compliance with R2 low-density residential zoning in the area.

According to the Council, Barrenjoey Swim School fails to meet the definition of ‘home business’ under planning rules because it interferes with the amenity of the neighbourhood, specifically noise and traffic generation.

Northern Beaches Council Chief Executive, Ray Brownlee said that swim school had not address the concerns leading to the order, commenting "while this outcome will no doubt be disappointing for patrons of the swim school, residents do need to operate within the law so as to not impact on neighbours.

“Council’s Director of Planning and Place and I have offered to meet with the owners of the swim school in the coming weeks to discuss the matter further, and this offer has been accepted."

The decision by Council to classify the swim school as a ‘recreation facility’ will likely be the determining factor as to whether the swim school is able to remain open.

Image: Lucie and Damian Geyle at the Barrenjoey Swim School. Credit: Northern Beaches Advocate.

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