Lidcombe: Cumberland Council votes against sale of 13 John St carpark

After a lengthy court battle, a decision to halt the sale of a council carpark in Sydney’s west has been welcomed as a win for ‘public good not private profit’.

The carpark at 13 John St Lidcombe will remain a public asset.

After a long legal battle over a contentious site, Cumberland Council has voted against selling a 55-space carpark at Lidcombe in a move the community labelled a win for public assets over developers’ interests in a suburb crippled with a parking deficit.

During the Wednesday night meeting, all councillors except Joseph Rahme voted to rescind a council decision from November 3, 2021 when the chamber supported to receive the “best and final offers from Landmark Pty Ltd and Piety Developments” to sell the carpark at 13 John St.

The resolution was passed on then Mayor Steve Christou’s casting vote.

“The resolution was controversial,’’ Justice Guy Parker wrote in documents filed to the Supreme Court.

Labor attempted to stop the sale and rescind the motion later that month but it could not proceed because the council was in caretaker mode a month ahead of the 2021 local government elections.

In court, Piety Developments (PD) argued the council voted to sell it because the motion was carried and heard in a public meeting.

However, the court ruled in the council’s favour after it found the “alleged contract was not legally effective”.

The open-air carpark at John St was the centre of a Supreme Court case.

The court found “no steps were taken to execute documents giving effect to the sale’’.

“Indeed, no formal notification of the passage of the motion was given to PD,’’ the documents state.

“The council denied that it had, by its conduct, made any binding or enforceable contract to sell the land to PD.’’

This week, Piety lost an appeal against the council.

The Supreme Court ordered Piety not to “dispose or encumber the site” at 13 John St until its application for “special leave” to the High Court was determined.

It must also repay the council’s costs.

Piety has been contacted for comment.

Piety had wanted to build a high-rise apartment block and provide a $9.75m 150-space carpark for the public and residents.

Residents including Nadia Repin rejected private development.

“A deal with a developer – no matter how fullproof it may appear on paper – may be a disaster unfolding,’’ she said at the meeting this week.

She cited the redevelopment of the heritage-listed police station which had become an “eyesore” and an empty 70-unit block with eight shops behind the carpark.

“How long in the hands of a developer will the Lidcombe carpark be a hole in the ground …,’’ she said.

“Would the developer be able to charge a fee for the carpark, would the fee go up like our road tolls, would the people in the residential building above use it as their space? There are too many variables to make it a viable sell off to a developer.’’

Ms Repin outlined the dire need for parking in Lidcombe including for patients at a large medical centre near the carpark.

“Council needs to take control of public property and empty already-built units – as is the council’s function – and commit to a long term plan for the carpark for public good not private profit,’’ she said.

Former Auburn councillorTony Oldfield told the meeting disgraced former Deputy Mayor Salim Mehajer attempted to buy the John St carpark.

Former Auburn Deputy Mayor Salim Mehaje. Picture: Bianca De Marchi

He said a recommendation of the Auburn Public Inquiry in 2016 was not to sell the carpark.

“We should be about protecting our public assets,’’ Mr Oldfield said.

“Privatisation has deprived our communities of a lot. The only people who win from the sale of John St carpark are developers, not our community.’’

Public transport advocate Roydon Ng supported not selling the carpark to developers who he claimed were “ambushing” the community with their business interests.

Roydon Ng supports more public transport.

He called for the council to approach Transport for NSW to develop the site into a shared ride and park facility and boost public transport in Lidcombe such as the delivery of a light rail extension from Carter St, and funding the Pippita rail trail.

Councillor Paul Garrard called for an alternate motion so the council could explore ways to boost parking in Lidcombe but it was not accepted.

Fellow Our Local Community councillor Helen Hughes said there was a critical need for parking on Lidcombe’s north side, and more state and federal funding was needed.

She said the Piety development supported timed parking across 150 spaces so it would have benefited the community – not just for commuters.

“Do we want the development? No, but God knows it’s over the top already anyway in every other damn site around there,’’ she said.

“Nothing had been put forward to help the residents to be able to have parking in the town centre on that north side.’’