Question: Our strata committee wants to use an accessible parking space to store bins during garbage room repairs. Is this illegal?
Our strata committee has proposed to use a designated accessible parking space to store 12 waste bins while work is being carried out in the garbage room where the bins are normally stored.
Our development approval requires that we have one designated accessible parking space available for visitors.
Is using this space for storage legal? I would have thought that an accessible parking space could only be used for accessibility parking?
Answer: Using an accessible parking space for bin storage would likely breach the development consent and require council approval.
In the first instance, I would strongly recommend that this matter be referred to either a town planner, lawyer and/or potentially the development department of the relevant council office. Ultimately, the answer would be contained within the provisions of the original development consent or section 88B instrument (under the Conveyancing Act 1919 (NSW)) for the site.
Notwithstanding this however, in my experience, any “change of use” of an area or asset dedicated for a specific purpose within the original development consent or section 88B instrument for a site, would very likely trigger a requirement for either a complying development certificate, a development modification or at minimum notification to the council which forms as the relevant authority.
Further to this, noting that the area has a specific use related to accessibility, the inappropriate reallocation of this could also be defined as discrimination under the relevant legislation.
Finally, as the area falls on the common property of the owners corporation, I would recommend that, again, at an absolute minimum, the owners corporation be consulted via motion at a general meeting.
This post appears in the September 2026 edition of The NSW Strata Magazine.
Megan Parkins Tender Advisory E: megan@tenderadvisory.com.au P: 0435 893 670
