Power of the OC to regulate the use of car spaces on private title

In Black v Foo [2013] VCAT 1676, a lot owner was storing items (kayaks etc.) on car space on private title. The OC passed a rule preventing the use of car spaces other than for parking a vehicle. The Tribunal held that the OC had the power to make the rule under clause 5.2 of Schedule 1 to the OC Act which relates to the external appearance of lots. The rule was valid provided it did not infringe upon the lot owner’s right to use the land in accordance with any Planning Permit.

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