Town Planning thoughts please? 'Existing use' Extra Car Spaces.

Discussion in 'Legal Issues' started by SeafordSunshine, 21st Mar, 2024.

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  1. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Neighbours have been claiming 'existing use' for seven extra car spaces they 'improved' in 2015.
    bringing a total of 17 spaces .
    Council Archives state DA and BA was for '10 car spaces. With No further parking increase permitted due to emissions.'
    As I understand The 1979 Act says Existing use 'no increase without a DA ... '

    Any thoughts or ways forward?
     
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Call council. If the owner is playing games council can make orders.

    We have a retail neighbour who has a large car park. They kept taking spots from cars for restricted use like old people, prams, glass recycling, more trolley storage bays, changed layout etc and car spots reduced 20% over 10+ years. During a new DA for taking even more spots for click and collect I raised it. Council went to town and required them to make a lot of changes to get click and collect approved. All the "********" parking disappeared and their delivery trucks must park in their dock and not on street or in carpark and they had to add three more disability spots right at the door (they had moved them far away) and trolleys are more limited and they had to add permitter locks to them because of it. Woolworths - shrinkflation applies to car parking too
     
  3. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Paul,
    thanks for your suggestion,
    I would like 10 cents for every time I have written to council!, I would be rich!

    I have asked for yet another appointment to speak with them, and sent video of collisions to the Councillors.
    I have asked council to make an order
    What do you suggest I do to get them to take this matter seriously?
     
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    You cant actually do more than report it. Its a council matter to consider. It also is likely not a matter subject to FOI. They dont report to you and their decisions could be confidential for a property owner. If a DA comes up for the property it may be on record and then a reviewable decision if they dont consider it. Do they HAVE to act ? No. But you may find their final DA decisions is only able to be overturned by a different court (eg NSW L&E Court). Its expensive to push a objection through L&E

    Councils also arent responsible for car park incidents. Drivers are.
     
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  5. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Paul,
    thanks for the info,


    I have a copy of the planning consent . The DA conditions of ' no more than ten spaces,' reason being ventilation. ... there are currently seventeen forcing car drivers to make four point turns to get in and out, scraping the brick walls alongside . I
     
  6. qak

    qak Well-Known Member

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    Maybe ventilation - fire safety, egress in case of emergency ...
     
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  7. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Qak ,
    all good suggestions , I have video of the neighbours vehicles crashing into the side the house, and exhaust coming in to an window, sent this to council. ....
     
  8. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Have been advised to ask Council again, to remove the extra parking spaces, together with a copy of the planning consent retrieved from Archives. They haven't been accessed since at least 20 years, so I dont know where council got their info from about parking spaces there since 2008?
     
  9. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Paul and Qak ,
    OK I found where Council got their 'historical records' from.
    A DA submitted in 2011 showing the WRONG parking info.
    An increase of six spaces....
    DA wasnt approved ....
     
    Scott No Mates and qak like this.