The state tribunal ruled that a childcare centre in Endeavour Hills would not be required to pay Casey Council to use the six spaces within its adjacent public car park.
Inspire and Play Early Learning Centre sought approval at the Victorian Civil and Administrative Tribunal (VCAT) to delete a permit condition that required the owner to enter into a lease agreement with Casey Council to use six spaces within the public car park directly east of the childcare.
The lease fee was an annual sum of $7500 plus GST and would increase by 5 per cent annually. Casey Council offered to reduce the figure to $900 per annum.
The tribunal examined the previous lease agreement and noted that despite a fee paid to Casey Council to use six spaces, those spaces were labelled as “non-exclusive use”.
The tribunal ruled that it was not fair to pay for a “non-exclusive use” of six public car spaces.
The traffic impact assessment report revealed a maximum occupancy of 23 out of 32 spaces within the public car parks east and north of the childcare centre and a maximum occupancy of 25 out of 42 kerbside spaces with non-residential frontages.
As the tribunal supported the concept of relying on six spaces within the public car park nearby instead of kerbside parking for safety concerns, it was satisfied that there were sufficient vacant spaces in proximity to the childcare centre to support the waiver of six spaces.
It also suggested appropriate signage to encourage, but not mandate, the use of the six spaces by the childcare centre.
