Battle continues over parking space fees

Council has resolved to reduce the number of additional car parks required for the development from nine to five - in the procees, reducing the cost considerably to a local business woman from the requested figure.

This was the result of additional information being provided in the application which will result in more than $10,000 being wiped from her initial bill.

Rebecca Miller, who owns and operates a beauty therapy business in Church Street, has been at loggerheads with council after failing to lodge a DA when moving the established business into her current premises.

Council had sought a contribution of $24,570 in lieu of nine off-street parking spaces.

The issue has been ongoing since August 2009 when Ms Miller initially sought the waiving of the parking space contribution.

The premises are rented from a landlord and councillors believe any negotiations on the matter should really be between Ms Miller and her landlord.

Council has always said any back-down on the matter would be setting a precedent which would have far reaching consequences – especially with those businesses that have paid the fees.

Legal advice sought by council during the assessment process supports council’s application of its car Parking Code 1998.

New information was provided at last week’s council meeting in the form of a modification to the original consent where it was indicated the description of the DA should be changed from a Beauty Therapy Business to a Commercial Premises.

As a consequence it was determined that only five public off-street parking facilities would now be required.

The recommendation was to reduce the contribution to $14,000.

The motion didn’t have the full support of council with Cr George Pratt voting against the plan and Councillor Kenny McGrath and Deputy Mayor John Magill abstaining from voting.

Earlier, councillors McGrath and Pratt sought a monetary contribution of only $7000 which failed to gain support from fellow councillors.

Councillors Patrica Smith and Wayne Scott were absent from the meeting.

Cr McGrath said he sympathised with Ms Miller.

“There aren’t many small businesses that can afford this kind of money,” he said.

“If they have to pay for car-parking spaces then they should have exclusive use. It shouldn’t be available for everyone.”

Mayor Ken Keith reminded Cr McGrath that the current policy had been in place for `nearly’ 20 years.

“We must remember that in this case the business owner went in without lodging a DA,” Cr Keith said.

“If she had done the right thing in the first place then she would have been aware to build in the required fee into the Development Plan.

“We must be seen to be consistent and fair. Other developers who have paid the fee over the years would be entitled to feel disgruntled if we made any concessions here.”

Deputy Mayor Cr John Magill said there definitely appeared to be one rule for some and another for others.

He pointed out the Centrelink building in Currajong Street.

“Really, that building needs a couple of blocks of car-parking spaces instead of what has been provided,’ he said.

“This whole thing has become messy and is a negative for us (council).”

Council’s general Manager Kent Boyd pointed out to Councillors that the Centrelink building had made a financial contribution in lieu of providing car parking spaces.

This was supported by Mr Steven Campbell (Director Planning and environment) who confirmed that the Centrelink developers had provided six on-site car parking spaces and made a contribution in lieu of a further 24 spaces, totalling more than $64,000.

Mr Boyd also indicated that all the money received for car parking is hypothecated solely for the development of car parking.

“There have been a number of car parks created in the vicinity of the subject business that were paid for by parking contributions,” Mr Boyd said.

“This followed the purchase of three houses in Currajong Street between Bushman and Church Street which were demolished and converted to car parks.”

Cr Pratt said people constantly asked why council charges `so much for car-parking spaces’ as part of DAs.

“I receive complaints all the time,” Cr Pratt said.

Mr Campbell (Director Planning and Environment) said he had never heard of any developer not proceeding with a development because of car parking contributions.

“In some cases they may find another site where car parking is available or contributions have already been paid.

“However, the development still proceeds,” Mr Campbell said.

“The demand is from these businesses to establish in Parkes and we always deal with all aspects of the DA the best way we can and for the benefit of everyone involved,” he said.

General Manager Kent Boyd reminded councillors that in the case of Ms Miller, council had gone to great lengths to attempt an agreeable solution.

“We have shown a great deal of leniency here,” he said.

Cr Alan Ward said he had spoken to Ms Miller several times on the issue.

“I’ve told her repeatedly that council can’t compromise the code. Look, she has got $10,000 reduced from what she was originally asked to pay, without council compromising on its policy” Cr Ward said.

Cr Barbara Newton said the car parking code was `the big picture look that council has to have.’

“Parking is always a major issue with any DA and people need to learn they must consult with council on any aspect of a DA,’ she said.