Repurposing CP and access

First thing you need to do, if not done already, is to get the title document to your lot and study the wording of the right of carriageway. Youmay need to get the help of a lawyer. Rights of carriageway are not cookie cutters, but can be different shades. It depends on how it is written.

You also will need the title document of the strata scheme, in order to satisfy yourself that they have the right to use the carriageway.

The documents may specify the circumstances under which your land can be crossed. You may be able to prevent the building manager from crossing your land if these conditions are not met.

Rights of carriageway are extremely difficult to extinguish or modify. They need the consent of both parties.

once your land is burdened with a right of carriageway, you have little recourse except to permit the benefitted party from using it.

Another tactic you may want to consider: The change in use of the room from generator to meeting room/office would probably require a DA. Demand that the OC submits a DA and then object it to the council that the room does not have suitable access , since it passes your car.

Additionally raise the issue that as the room will be used as office/meeting room, egress in the case of fire would be limited because your lawfully parked car will impede free access.

What is/was the purpose of this generator? It would have been installed originally for some specific task. Would its non-operation or removal affect the safety or functionality of the building?

Kaindub, you make a good point about the DA.

Independent of Whoopi asking the OC to file a DA, I  suggest that Whoopi chat to council officers, in person if possible and take with her a photo of the relevant matters i.e. her car parked in its place showing just how tight a fit it is to manvouvre between the car and the door to the said room.

Ask council officers:

a) If converting the room into one where meetings will be held on a regular basis will cause a fire hazard? Emphasise the restricted space allowing for entry/exit from that room, as your car is parked there most of the day, every day.

b) If converting the room will result inadequate ventilation causing health issues? Of course if it causes health issues, the OC, if it remains wedded to the idea of conversion, may be happy to spend money to rectify this by installing an a/c unit;

c) If such a conversion is a breach of planning legislation.

I mention this because the more you know before raising the fight to the next level, the better for you.