Sydney Prestige Tyres Trading as Sydney CBD Car Sales v Sydney City Council [2011] NSWLEC 1194

Land and Environment Court New South Wales

Medium Neutral Citation: Sydney Prestige Tyres Trading as Sydney CBD Car Sales v Sydney City Council [2011] NSWLEC 1194 Hearing dates: 27 June 2011 Decision date: 28 June 2011 Jurisdiction: Class 1 Before: Hussey C Decision: 1. The appeal is dismissed. 2. Development consent for DA No D/2010/635 to use part of the site at 589 to 591 Elizabeth Street Redfern is refused. 3. The exhibits may be returned except for 1, 4, 6, B and C. Catchwords: DEVELOPMENT APPLICATION - Change in use of approved car spaces to allow car retailing, zone objectives, adequacy of site area. Legislation Cited: Environmental Planning & Assessment Act 1979 South Sydney LEP 1998 Category: Principal judgment Parties: Sydney Prestige Tyres Trading as Sydney CBD Car Sales (Applicant) Sydney City Council (Respondent) Representation: Counsel Ms M Carpenter (Respondent) Solicitors Ms L Saw (Applicant) File Number(s): 10263 of 2011

Judgment 1This appeal was lodged against council's refusal of a development application proposing the change in use of part of the site at 589 to 591 Elizabeth Street, Redfern, to permit the sale of vehicles. 2At present, there is an existing mechanical repair business known as Prestige Tyres operating on the site. This involves the use of some seven internal work bays and associated use of some thirteen designated car spaces around the site, which are used for various vehicle parking and customer drop-off/pick-ups. 3The existing operations apparently occur as a result of a development consent granted in 1973 which was on the basis of three working bays within the building, an awning on the northern side, and an office area. This consent provided for a total of twelve configured car parking spaces, i.e. six for customers and six for staff. 4Subsequently, in 1989/90, there was an approval or grant to allow for the installation of car alarms and other devices, but that does not seem to have involved any change to the work bay arrangements, or parking requirements. 5Consequently, council now considers there is insufficient car parking spaces on the site to allow the change in use of some of the car spaces for car sales. 6The initial application was for five of the designated car spaces along the northern wall of the building to be used for sales. Following an assessment of the site operations, the applicant submitted through Mr Nash that it would be content with three spaces for car sales, leaving the remaining for customer parking. The operating hours are to remain the same, i.e. 7.30am to 5.30pm Monday to Friday, and 7.30 to 12.30 on Saturdays. 7For the appeal then, three principal contentions were identified which are summarised as follows: * Whether the proposal is inconsistent with the zoning objectives of the current 2(b) residential zone * Whether the site is large enough to accommodate the required number of car parking spaces and * Public interest, mainly concerning potential adverse impacts arising from the operations upon the site 8The site is known as 589 - 591 Elizabeth Street Redfern, and is identified as Lot 22 - 26 in DP 1199. The allotment is generally square in shape containing a single storey vehicle mechanic service garage, occupied by Sydney Prestige Tyres, on a total site area of approximately 815 sq m. The site provides a main frontage of 27.5 m to Elizabeth Street, and a secondary access to a side lane, where is precluded because the site is elevated above the level of the lane. 9The site is 100 m south of Cleveland Street and 220 m north of Redfern Street. This section of Elizabeth Street is identified as a "classified road" by the Roads and Traffic Authority (RTA) and provides three one-way traffic lanes flowing north - south. 10There is limited on street parking available to the north (parallel parking) and south (parallel and rear-to-kerb) of the subject site's frontage, and "No Stopping" zone directly in front of the site. Opposite the site (eastern side of Elizabeth Street) is a bus stop, and no parking for a stretch of 35 m to the north from the corner of Cooper and Elizabeth Street.