DEVELOPMENT APPLICATION: shop top housing development in E1 Local Centre — whether adequate arrangements have been made — vehicular access — car parking
Quick Take
1A public positive covenant under s 88E of the Conveyancing Act 1919 (NSW) requiring that the general public be permitted access to a car parking area at all times, and that the registered proprietor not prevent such access, is an instrument of a different kind to an easement and is not limited by the Schedule 8 definition confining entitlement to persons with an estate or interest in the dominant tenement; on the facts, such a covenant was sufficient to establish that adequate arrangements for vehicular access had been made for the purposes of cl 6.9 of the Georges River LEP 2021.
2Parking credit controls in a development control plan that provide a credit 'when developing a site already occupied by a building' and then state that the development 'will be exempted from the parking requirements for the existing floor space' where the structure of the existing building is retained, operate as a single control — the first sentence does not stand alone as conferring a freestanding credit independent of the retention requirement in the second sentence.
3A high-level assertion in a traffic assessment that a parking rate is 'typically sufficient based on our experience' without supporting parking survey data or other documentary evidence is insufficient to justify a departure from minimum parking rates prescribed in a development control plan, particularly where the site is not within 800m of a train station.
