Appeal to save Yarrawarrah swim school after council shutdown order

Andrew Duncan, the owner and operator of Make A Splash Swim School, said since 2020, he had helped hundreds of children from across Sutherland Shire gain essential water safety skills.

Mr Duncan said the complaints were made by one resident, while other immediate neighbours and swim school parents were supportive.

He denies the swim school is noisy.

"I'm the sole teacher, I teach a maximum of two children at a time and classes are only between 8am and 6pm," he said.

"My own two children make more noise when they are swimming and playing."

Mr Duncan said, before starting the business, he checked with the council and was told he would not need to lodge a development application.

The advice received since had been contradictory and confusing, and he had now been given notice to stop lessons, he said.

Mr Duncan's online petition, at change.org, appealing for Sutherland Shire Council to reconsider the order, has more than 1100 signatures.

A council spokesman said the council, "recognises the value small business brings towards supporting a diverse and thriving local economy, and strives to assist local small business operators to comply with relevant regulations".

"Council has been liaising with a Yarrawarrah small business owner 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 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.

"Not all home businesses require development approval...and council had previously encouraged this business owner to submit a development application if he was unsure on whether his business met the provisions of exempt development."

The council spokesman said independent technical reports, which had already been obtained by the business owner, were likely to assist in the assessment of any development application.

"While council acknowledges that the original investigation was sparked by a small number of complaints, it is incumbent upon council to investigate complaints from our community to determine their validity, rather than basing our response purely on the volume of complaints received," he said.

"Council will continue to work with the business owner to assist him in obtaining relevant approvals to enable the business to operate from its present location, while ensuring that this is balanced against the concerns of surrounding local residents."

Mr Duncan said he had spent almost $10,000 commissioning independent reports to demonstrate the business was not impacting the local environment.

"They include an acoustic sound assessment, which revealed the noise levels to be within an acceptable level for the local environment and a parking survey which has shown there to be no issues with parking in my street," he said.

"In my appeal I also included a number of letters of support from my other immediate neighbours and swim school parents.

"Despite all the evidence, the council has still determined my business should close."

Mr Duncan said drowning was one of the leading causes of unintentional injury death in Australian children aged 0-4 years.

"There is also a huge demand for swimming lessons across the Shire but particularly in the Engadine / Heathcote area with my business being one of only three that operate in the vicinity and many including myself who have an extensive waitlist," he said.

Heather King, whose two children, aged five and two years, have been attending the swim school since they were six months old, said Mr Duncan was "an incredible teacher".

"Andrew has touched the lives of my children with his passion and dedication. It breaks my heart to see this small business, which Andrew has worked tirelessly to build, being forced to shut down by our local council.

"The closure not only affects Andrew and his family but also all his students."

Andrew Duncan's petition