I own an apartment in the Melbourne CBD. Two lots – one being the apartment and one being the car space. For years the two lots were let out separately. But then the OC stated “only residents of the building can park in lot car spaces”. But no special rule (by-law) was passed and only model rules (by-laws) exist. The OC could code the car park swipe, I suppose, to limit who can enter.
Is it my right, as with my apartment, to let the car space to anyone I want? But as per the apartment, the tenant would have to abide by the OC rules? It would still be a car space being used as a car space – but used by a non-resident tenant.
AFAIK there were no development consents – in fact many of the apartments have no car parking space at all. The Melbourne city council will now charge a car park tax (the congestion tax) for car spaces let to non residents, but that is not the OC’s concern.