May 5 - 11, 2024: Issue 624

The judgement of Justice Horton in the recent Land and Environment Court case to increase the capacity for a restaurant at 231 Whale Beach road brings into sharp focus the use of public property by private enterprise for profit. With at least 3 DA proposals suggesting in their recent applications the use of what is always a shortfall in parking in Palm or Whale Beach for their own as a means of getting proposals passed [that do not provide the required minimum of parking within the scope of proposed works] when does private profit mean public benefit waived and the use of public property may be allowed? 

When a premises such as a restaurant or a wedding function centre seeks to increase the number of people they can cater to, are they required to provide car parking for them as well?

Yes – they are. 

The ratio may differ across any LGA, but you cannot seek to increase patronage without providing adequate car parking spaces. 

The Palm Beach Boathouse, now called ‘The Joey’ is one instance where the proprietors have had to not only provide 2 all access car parking spaces along with others but also pay a licence to use that public land. Council has ‘accommodated; an ’overspill’ outside of those times, and the use of the equally minimum amount of car spaces available alongside Station Beach, due to opening times and seasonal changes that had been allocated for the venue; ensuring the public would not be displaced, too much, by private enterprise use of what is public land.

The Pasadena at Church Point has also been another discussion point over many years through providing just a handful of car parking spaces for clients – and no ‘client bus to and from the venue’ - and has on numerous occasions sought to increase capacity. The Pasadena recently seeking to change its licence times to increase the same, and again, an increase in capacity – an increase some residents stated at the time was to effectively turn this into an unlicensed hotel – would also have increased the pressure on public assets for private enterprise use. 

The subject has been for years, of such importance that attempts to address turn up in council records from the 1930's as ca usage increased and people parked in others driveways at Palm and Whale Beach, and more recently, Revenue NSW has set aside a webpage dedicated to providing information on when and how businesses eligible can ''apply for an exemption from the parking space levy for parking spaces set aside for the following exemption categories.''

For example: 

Parking by customers of a restaurant

Car space must be:

• exclusively set aside for restaurant customers

• easily accessible for general public and not secured by a gate or access key

• clearly signposted as customer parking only

More at: 

In Warringah Council the requirement for a Hotel or motel accommodation with a restaurant was 15 spaces per 100 m2 GFA of restaurant or function room was required.

More in Sunday's Issue.

if a restaurant is included, add the greater of:

·         15 spaces per 100 m2 GFA of restaurant or function room,


Hotel or motel accommodation 1 space per unit, plus

1 space per 2 employees, plus

if a restaurant is included, add the greater of:

·         15 spaces per 100 m2 GFA of restaurant or function room, or 

·         1 space per 3 seats

[2024] NSWLEC 1171 Cassar v Northern Beaches Council