Subdivision 3 Public car parks
52 Matters to accompany applications relating to the operation of a public car park
An application to operate a public car park must be accompanied by the following:(a) 3 copies of a plan that sufficiently identifies the land concerned and the streets to which the land has frontage and, if the car park comprises the whole or part of a building, describes the building, its location on the site and any other purpose for which it is to be used,(b) details of the number of vehicles proposed to be accommodated in the car park and the manner in which this is to be done,(c) details of the means or proposed means of entry to or exit from the car park and as to the method of movement within the car park,(d) details of the off-street parking facilities available for the temporary accommodation of vehicles awaiting access to the car park,(e) details of ventilation to be provided if it is a building,(f) details of any petrol or oil or any motor service facilities to be provided in the car park,(g) details of the proposed hours of operation of the car park and as to the method or proposed method of receiving the fee or charge and the location or proposed location of any facility for receiving the fee or charge.
53 Matters to be taken into consideration by council in determining whether to approve the operation of a public car park
In determining an application for approval to operate a public car park the council is to take the following matters into consideration:(a) the Roads and Traffic Authority’s views about the application,(b) the effect of the car park on the movement of vehicular traffic and pedestrian traffic,(c) whether the number of vehicles proposed to be accommodated is appropriate having regard to the size of the car park and the need to provide off-street parking facilities within the car park for the temporary accommodation of vehicles,(d) whether the means of ingress and egress and means of movement provided or to be provided within the car park are satisfactory,(e) whether there will be adequate provision for pedestrian safety and access for people with disabilities,(f) whether the internal design of parking facilities and system of traffic management are satisfactory,(g) whether, in the case of a car park that is a building, adequate ventilation is provided or to be provided,(h) the Occupational Health and Safety Act 2000, and the regulations made under that Act, as regards the safety of persons who will be employed at the proposed car park or of persons who will go there,(i) whether there will be adequate provision for the management of stormwater and the minimisation of stormwater pollution.
54 Standards to be met for approval
The council must not grant an application for an approval to operate a public car park unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.
It is a condition of an approval to operate a public car park that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.
The council may, as a condition of an approval to operate a public car park, specify the maximum number of vehicles that may be parked at any one time.
57 Entries, exits and driveways
(1) Vehicles must not enter and leave a public car park through the one driveway. Vehicles must not enter or leave a public car park except through the entrance or exit openings provided.(2) Entrances, exits and driveways are to be provided and arranged, maintained and operated so as to facilitate the orderly entrance and exit of vehicles.(3) Exits must not be blocked by gates and other obstacles while the car park is open to the public.
All traffic ramps, parking spaces, entrances, exits, driveways and holding areas are to be surfaced with material approved by the council.
Land used as a public car park must be fenced to a height determined by the council and with materials approved by the council.
A public car park is, while open to the public, to be lit to the satisfaction of the council.
A vehicle is not to be permitted to park in a public car park unless any petrol tank on the vehicle is fitted with a turn cap or seal that is kept closed except when opened for the purpose of refuelling.
A public car park must be provided with a sufficient number of fire extinguishers. The fire extinguishers must be emptied and recharged every 6 months.
Notices must be displayed in a public car park directing that vehicles are to be driven at a speed not greater than 8 kilometres per hour.
A public road must not be used for the purpose of holding or marshalling vehicles in connection with a public car park.
65 Concurrence required for operation of public car park
The council must not grant an application for approval to operate a public car park except with the concurrence of the Roads and Traffic Authority, given having regard to its functions under the road transport legislation (within the meaning of the Road Transport (General) Act 1999 or, after the repeal of that Act, the Road Transport (General) Act 2005) and the Roads Act 1993. The Authority may give concurrence subject to conditions.
66 Approval for operation of public car park not required in certain circumstances
(1) A public car park may be operated without the prior approval of the council if approval for its erection or operation has already been given by the council in connection with another approval or development consent and the car park complies with any applicable conditions of that approval or development consent.(2) In this clause, development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979.