Vehicle Parking in front yard - is it legal?

[wendoze]

Hi there....

I've recently gone through a series of bs with council trying to get an approval for driveway (pre-DA process)... which was denied on some very iffy grounds such as "do not want you to touch original fence", and "worries about pedestrian safety". Both houses either side of me have a driveway - no standing zone - near roundabout.

.. anyway, reading council exempt guidelines, I can move my fence (to allow the car to fit), so long as I keep the same look and feel (which is what I wanted anyway), without requiring permission.

I've checked out NSW legislation, and it looks like it's perfectly legal to drive on a footpath to cross it and get to an adjacent land.

My one niggling worry is that the Council (or someone) has the right to tell me not to park my car in my own front yard... is that right?

There's a no stopping zone at the front, and I wouldn't be touching council property or creating a proper crossway (there's already a mini-one for pedestrians that I'd use), and it's not a question of taking up car spots either...

Anyone shed some light on this? I don't want to move the fence only to have Council tell me I can't park my own car in my own yard!!!

thanks a lot!

 

[Propertunity]

I'm pretty sure you can do what you like in your own yard re parking. But you could not for instance build a carport or garage there unless it complied with set-backs etc.

 

[csc]

technically you should reverse into private property and driver out...thats the law as i know it.....so pretty much everyone is guilty of breaking the road rules in this case....not sure about the other things you mentioned

 

[quoll]

Just do it!

I've got 12m of Road Reserve between my property and the road (the other 4 houses south of me have aswell), legally no one is allowed to drive on it. In reality everyone drives on it and parks on it. If I didn't drive on it I would be unable to access my garage, cars would be parked on the street blocking traffic. (some old plans have an access road coming off the side street but it never got constructed)

Yet another stupid law.

My advice is just do what you want and deal with consequences later, if ever. But there is a chance they will fine you or have a stuff around.

Regards
Graeme

 

[MichaelW]

wendoze,

You can definately park in your yard, and you're entitled to cross the council strip to get there too.

If I was you I'd chuck a 2.5m length of 90x45 treated pine in the gutter so you could readily mount the curb. You're not doing anything structural and council can take it away if they get all bent out of shape about it.

I recently built a carport on my block without council approval. You can do this in NSW as its now considered an exempt development under the new State Environmental Planning Policy (Exempt and Complying Development) 2008 enacted 27/Feb/2009. They're still giving me grief and bouncing me Notifications instructing me to tear it down. I just keep reminding them of the new legislation. Hopefully they'll get bored and go away otherwise we'll just let them take us to court and then get a commissioner to tell them to go away.

I'm with quoll, just do it! Consequences negligible IMHO.

Cheers,
Michael

 

[wendoze]

Thanks, guys.... you're been most informative!

If I may push my luck.... i've noticed my ENTIRE SUBURB (Balmain) is in a "Heritage Conservation Area" (According to council PDF)... meaning that my plan to enlarge my front gate so that the car can fit though is NOT exempt.... maaaan!

If you smart cookies know of any tips you can give me there - do I just 'trust' council's definition, or is there somewhere I can check at to what areas are part of the restricted areas from the due to heritage/conservation in new State Environmental Planning Policy (Exempt and Complying Development) 2008...

... or if you think it's really a sinker and I should just give up... let me know!


Cheers.
w.

 

[battler]

... or if you think it's really a sinker and I should just give up... let me know!

Never give up and never give in! I'd talk to your car insurer and see if there is a difference in costs/risk between on street and off street parking. If there is, you may be able to show council that your are being disadvantaged by them not allowing you to park on your property.

 

[wendoze]

thanks guys

wendy