Most pool removals in the Southern Highlands proceed without any neighbour involvement, the excavator accesses the pool through the property’s own gate, the work is done entirely within the property boundary, and neighbours notice little more than the noise. But for a significant minority of properties, particularly older lots in Bowral and Mittagong with tight boundaries and no side access, getting machinery to the pool requires crossing or accessing a neighbouring property.
Understanding your options, your rights, and the best approach when neighbour access is required is important preparation before you book your removal.
Quick Answer (BLUF)
If your pool can only be accessed through a neighbour’s property, the ideal solution is to ask the neighbour directly and reach a voluntary agreement. If the neighbour refuses and access is genuinely necessary to carry out legitimate development work, the Access to Neighbouring Land Act 2000 (NSW) provides a legal mechanism for obtaining court-ordered access. In practice, most neighbour access issues for pool removal are resolved informally, a polite approach, a clear explanation and an offer to make good any disturbance goes a long way.
When Is Neighbour Access an Issue?
The scenarios where neighbour access becomes relevant include:
No side access to the property. Some terrace-style or narrow lots in older Bowral residential streets have no dedicated side access path wide enough for a machine. If the only route from the street to the pool is through the property’s interior or side boundary wall, a machine simply cannot reach the pool from the owner’s land alone.
Pool in a rear corner accessible only from one side. The pool’s position may make working from within the property impractical, the contractor needs to position the machine or truck from an adjacent lot for part of the work.
Narrow side passages. A side passage that’s 800mm wide might allow a person but not a machine. Temporarily accessing a neighbour’s side yard to manoeuvre the excavator may be the most practical approach.
Shared driveway or access easement situations. Some older Southern Highlands properties have shared access arrangements (easements over neighbouring land) that may or may not extend to construction traffic. Easement terms should be reviewed before assuming construction vehicles can use a shared access.
The First Step: Talk to Your Neighbour
Before thinking about legal mechanisms, have a genuine, polite conversation with the neighbour whose property you’d need to access. Most people, when approached respectfully, are willing to accommodate reasonable requests, particularly for temporary access during a defined project.
Key points to cover in the conversation:
- Explain what you’re doing and why, pool removal for safety, compliance or simplification
- Specify exactly what access you need, which part of their property, for how many days, with what equipment
- Explain how you’ll protect their property, no damage to fencing, gardens or surfaces; any incidental damage made good
- Offer a written agreement confirming the terms and your commitment to restoration
- Consider offering a goodwill gesture, covering any incidental cost they incur, or simply a thank-you once the work is complete
A clear, reasonable, well-explained request succeeds in the vast majority of cases. Neighbour relationships in Southern Highlands communities are often long-established, treating the approach as relationship maintenance rather than a transactional request tends to produce better outcomes.
Written Licence Agreement
If your neighbour agrees, put the arrangement in writing. A simple written licence (not a legal document, just a clear letter signed by both parties) should include:
- The property to be accessed (neighbour’s address)
- The access required (description of area, e.g. “the eastern side boundary path”)
- The period of access (dates from/to)
- The type of equipment to be used
- The commitment to restore any damage
- Both parties’ signatures and dates
This protects both parties and avoids any misunderstanding about scope.
Your Contractor’s Role
Your pool removal contractor needs to be involved in the neighbour access planning. They can:
- Specify precisely what access is needed, in what dimensions, for what period
- Assess whether alternative approaches (smaller machine, different sequencing) reduce the access required
- Assess the neighbour’s property surface type and provide advice on what protection is needed (ground mats, temporary fencing, etc.)
- Be present when access is being used to ensure their staff respect the agreed scope
Many access problems are resolved by using a smaller, more manoeuvrable machine that can work within the property boundary with creative positioning, even if it’s slower. Ask your contractor specifically: “What can we do within our own boundary, and is neighbour access genuinely necessary or just more convenient?”
The Legal Framework: Access to Neighbouring Land Act 2000
If you have genuinely exhausted the informal approach and neighbour access is necessary to carry out legitimate development work, the Access to Neighbouring Land Act 2000 (NSW) provides a mechanism for court-ordered access.
Under this Act, a person may apply to the Supreme Court (or district court) for an order granting access to neighbouring land to carry out “substantial work” on adjoining land. The court considers:
- Whether the work is genuinely necessary
- Whether the work cannot be done without access to the neighbouring land
- Whether the access would cause unreasonable hardship to the neighbour
If access is granted, the court may impose conditions including: scope of access, duration, the work to be carried out, and compensation or security for any damage.
In practice, the legal mechanism is rarely used for residential pool removal, the cost and delay of court proceedings typically exceeds the value of the alternative approach (whether that’s a different machine, a different methodology, or additional cost to work within the property boundary). But it does exist as a genuine option if relations have broken down or a neighbour is unreasonably obstructive.
Notice to Neighbours Under Council Approval
For a CDC (Complying Development Certificate), neighbour notification is generally not required. For a DA (Development Application), WSC may give notice to adjoining owners as part of the assessment process, this is an administrative notification, not an access request, and neighbours have the opportunity to make submissions during the assessment period.
If a neighbour objects to the DA, WSC’s assessment takes their concerns into account but is not bound to refuse on the basis of objections alone. Pool removal is rarely controversial enough to attract sustained neighbour opposition.
Noise and Amenity During the Works
Even when no access is needed, pool removal affects neighbours through noise. A hydraulic breaker on a concrete pool is loud, similar to jackhammer work. In the Southern Highlands:
- Standard hours for construction noise under the NSW Environment Protection Authority guidelines apply: 7am to 6pm Monday to Friday, 8am to 1pm Saturday
- No construction noise is permitted on Sundays or public holidays without specific council permission
Letting neighbours know the timing of noisy work in advance, and keeping work within permitted hours, maintains goodwill and avoids formal complaints.
FAQs
What if my neighbour’s fence needs to be temporarily removed for access?
If your neighbour agrees to temporary fence removal and restoration, this should be included in your written licence agreement. Fence removal and reinstatement should be at your cost. If the fence is partly on the boundary and ownership is shared, both parties should formally agree. If the fence is on your property, you may be able to manage it unilaterally.
My pool is accessible only through a narrow side passage, is there an alternative to neighbour access?
Sometimes. A mini excavator (800mm width class) may be able to pass through a passage that’s otherwise too narrow for a standard machine. Smaller machines work more slowly but eliminate the need for neighbour access. Your contractor can advise whether the passage dimensions allow for a small-machine approach and what the cost difference is.
Do I need to compensate my neighbour if their lawn is damaged by the contractor’s equipment?
If you have a written licence agreement that includes a restoration commitment, any damage to the neighbour’s lawn, garden or surface should be made good after the work is complete. This is both ethically the right approach and practically essential for maintaining the relationship. Your contractor’s public liability insurance may cover incidental damage to third-party property, confirm this before work begins.
Can the contractor reverse a truck through my neighbour’s driveway to access my pool?
Only with the neighbour’s express agreement. Using a neighbour’s driveway without agreement, even briefly, is technically a trespass. If this is needed for efficient access, include it in the written licence agreement.