Hi Mick
We recently obtained legal advice on a number of key points primarily this was regarding whether a car parking space be categorized residential. The answer – Yes if used in conjunction with a residential apartment.
We also discussed with our solicitors the terms of applying aggregation fairly and ‘could cause hardship’ as required by the act. The advice – Council needs a clear policy on what it deems to be fair and what could cause hardship. We have a policy that allows aggregation of one suite (i.e. residential or business) with one car parking space and one storage unit.
We did this as at a minimum a residential owner would conceivably require one of each anything above that was a commercial decision based on affordability.
I hope this is helpful.
Regards,
Andrew
