National Avenue
36The experts agree that the proposal provides for 7 off-street parking spaces which is less than the 11 required under the DCP or the Roads and Traffic Authority publication Guide to Traffic Generating Developments - Version 2.2 October 2002. Of those 7 on-site spaces, 3 would be for staff use and 4, including one accessible space, would be available for set-down/pick up activity and the width of the latter should be a minimum of 2.6m which could, through amendments to the plans lodged with the council, be accommodated in front of the building.
37They agree that the parking shortfall would be made up through use of on-street parking spaces and that there is capacity in National Avenue to provide these spaces however, Mr Cody says the reliance on on-street parking is excessive for the site. They also agree that the peak parent/carer parking demand potential typically occurs between 7.00am - 9.00am and 4.00pm - 6.00pm with the peak staff parking demand potential typically occurring between 10.00am - 4.00pm. Accordingly, Mr Cody accepts that, subject to careful management of staff working times (i.e. no more than 5-6 staff on site between 7.00 - 9.00am and 4.00 - 6.00pm), only one of the parking spaces allocated to parents/carers can be used for staff parking between 9.00am - 4.00pm and, if consent is granted, this should be a condition of consent. If this condition is implemented, Mr Cody accepts that there is adequate parking on site for staff.
38It is common ground that parking for two cars could be accommodated on street adjacent to the site and that this would be acceptable. To ensure sufficient area is available and to provide appropriate clearance from adjoining driveways, the experts agree that the northern, entry driveway should be moved 200mm to the south and reduced in width to 3m. They also agree that it is appropriate to restrict access from the site to left turn out only between the peak periods to improve safety. This would also address a concern raised by residents of the difficulty associated with the low sun angle at certain times of the year which affects vision when travelling south.
39Mr McLaren says that the shortfall of 4 parking spaces can be accommodated on-street along the eastern side of National Avenue for the combined kerbside length in front of Nos 166, 168 (site) and 170 National Avenue however, at the site inspection, it was agreed that a rock face in front of No 166 restricts access and therefore, it is more likely that cars would park to the south of the site. He says that the workforce is generally female, under the age of 25 and a high proportion of this staff are typically dropped off/picked up/live locally or use public transport and therefore the driver rate of the workforce could be lower than 50% and if this is the case, the level of on-site parking for staff would be satisfactory, so agrees with Mr Cody. He says that the peak demand for child setdown/pick up activity is typically 1 space per 8 children, such that the demand for a 44 children centre would be 5 to 6 spaces and not 7 as Mr Cody advocates.
40Mr McLaren undertook a probability analysis of the occurrence of 1 to 5 parents parking spaces occurring based upon AUSTROADS queueing analysis and parking utilisation formulae, which demonstrates the low percentage of occurrence for 5 parent cars occurring at any particular instance. He concludes that the likely peak parking demand will be 8 to 9 spaces (of which 3 will be staff) in operational terms, which can be effectively managed by the on-site parking supply (even if the disable bay and adjacent shared zone was excluded) and up to three on-street spaces, two of which would be in front of the site. The potential for up to three kerbside spaces to be used for child set-down/pick-up activities is an acceptable and manageable outcome consistent with the RTA guidelines.
41Mr Cody says the concept of probability analysis is not a reliable basis for predicting the actual parking demand characteristic associated with such a small centre and whilst accepting the duration of stay is less than 10 minutes, some stay for prolonged periods. Mr McLaren applied the 6.8-minute service standard recommended in the RTA's guidelines, which he says are called up in the council's DCP.
42Mr Cody made suggestions to address the parking issues associated with the development through the elimination of the accessible parking space and utilisation of the shared space for parents/carers as he says the space is not required under the DCP and with such a small centre, it would be unlikely the space would be required. If the space were required at some stage it could be converted back for the time it was required. He said that with the use of these two additional spaces and the two on-street parking spaces adjacent to the site, the parking demands of the centre would be satisfied. He acknowledged that the option might not be available in the event that there was a legislative requirement to provide the accessible space and if this was the case, says that the number of children to be accommodated should be reduced to 36 or 40.
43None of the experts engaged could assist the Court in determination of the issue and for that reason, written submissions were provided to determine whether the space was required under the Building Code of Australia, the Disability Discrimination Act 1992 (DDA) or other legislation. The parties agree that, in accordance with the DDA, an accessible parking space is required and that the threshold to designate a specific bay is where a site provides for more than 5 parking spaces. Only one accessible space is required.
44In view of the legislative requirement, the plans lodged by the applicant provide for 7 on-site parking spaces, one of which is an accessible space, the suggestion of Mr Cody to utilise the "shared" space cannot be implemented.
45The traffic experts also agree that the ingress and egress driveways provide adequate sight distance for vehicles entering and leaving the site as required under Clause 3.2.4(A) of AS/NS2890.1:2004 and that the peak period traffic generation of the 44 place centre would be:
7.00am - 9.00am 35 vtph
2.30pm - 4.00pm 13 vtph
4.00pm - 6.00pm 30 vtph.
46With this traffic generation, they agree that the development has no unacceptable traffic implications in terms of road network capacity or traffic-related environmental effect.
47The council contended that the location of the site, near the crest of a hill is not suitable for a childcare centre. Mr McLaren says the road frontage is not steep and traffic speed is not high so the local traffic environment is acceptable with regard to road safety considerations and on-street parking for 3 to 4 spaces is acceptable given that spaces are available, conveniently located and safe for use by parents/carers. The use of kerbside spaces will be of a short duration, and will not unduly affect/burden neighbouring properties at the times that this parking occurs.
48Mr Cody says that whilst the location of the site on a steep section of National Avenue near a crest is not ideal for a childcare centre, the proposed centre is acceptable if adequate provision is made for parent/carer parking, of if the child enrolment is reduced to 36-40 spaces. He says that if the development is approved, a condition of consent requiring the construction of a concrete pedestrian footpath along the frontage of the site should be imposed. The applicant accepts the imposition of that condition.