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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43227
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been living in mascot years, we have 4 adults and

Customer Question

Hi I have been living in mascot for 10 years, we have 4 adults and 2kids live in this house, we have 5 cars registered on this address and we have 2 off stern parking, the council declined to give us 2 permits for the cars we park on the start, what do I do?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Afternoon

What do you mean by off stern parking?

Customer: replied 11 months ago.
Well they now have put 8 hr parking signs and because we have 2car garage we won't qualify for off street parking permits
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 11 months ago.

Good Afternoon

The council folllows the RMS requirements

See page 12 of the link below.

http://www.rms.nsw.gov.au/business-industry/partners-suppliers/documents/technical-manuals/permitpkgv3-3.pdf

This is what you need to show to get the permits.

You should be entitled to get permits equal to the number of off street parking places you have.

But you have to meet the RMS requirements for the permit set out at page 12

It is not a guarantee either as on the council website they say you may be eligible.

http://www.botanybay.nsw.gov.au/Resident-Services/Roads-Footpaths-Drains/Parking

If you want to challenge them you can take them to the ombudsman as this would not cost you any money. They can overturn the council decision.

https://www.ombo.nsw.gov.au/

There is not much else I can give you.

I am sorry but the rules are set out ion the RMS link

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 11 months ago.
But where is the existing use rights
Expert:  Leon replied 11 months ago.

Good Afternoon

There are no such rights.

You cannot claim existing use rights for public streets. This is up to the council to decide what they wish to do.

Many councils have introduced parking signs on streets and for the residents they are eligible to apply for parking permits.

If the council refuses to grant them you can then take the matter further by seeking an internal review and if that fails then to the ombudsman.

But to argue existing use rights, it fails because it is a public street.

This may apply to a neighbours land where you have been accessing to get to your land and they try and stop you. But not pt public streets.