Housing & planning · Orange City Council
84 Byng Street food premises approved without parking charge for five spaces
Orange councillors rejected a proposal to apply parking contributions to five new spaces as they approved alterations and additions to the Byng Street premises.
Reporting from public council minutes. How this article was prepared
Orange City Council has approved alterations and additions to food and drink premises at 84 Byng Street without applying parking contributions to five new spaces. The approval also covers demolition and one business identification sign under development application DA 216/2026(1).
Councillors voted 8-2 against an amendment that would have applied the contributions. Crs M McDonell and D Mallard supported the amendment, while Mayor T Mileto and Crs J Stedman, K Duffy, T Greenhalgh, F Kinghorne, G Power, M Ruddy and J Whitton voted against it. The original motion then passed without opposition among those recorded as present.
The parking question was tied to an existing courtyard at the site. During the discussion, the chief executive said it had been agreed that the courtyard would provide six parking spaces when it was approved, but had instead been used for outdoor dining for about four decades. He said Council had the power to pursue contribution fees for those spaces, although it had not determined whether to do so.
The committee also heard that the 2015 Orange Car Parking Development Contribution Plan did not allow charges to be waived or reduced, although a different payment schedule could be considered. The chief executive reported that the parking reserve had a current balance of about $465,000, after approximately $1 million was held in 2016-17 and a further $430,000 was collected. Finance staff were investigating a $974,000 reduction in 2016 and a further $12,000 reduction the following year because there was no distinct reference showing how the money was used.
The minutes record that the reserve had not funded additional parking in the previous five years. They also record that there was no current plan to seal the remainder of Williams carpark in Peisley Street. The dollar value of the five-space contribution and any decision about the six historically required spaces were not recorded.
What deserves a closer look
The approval removes the specified contribution condition from the recorded consent, while the minutes do not state the dollar value of the five-space contribution.
The minutes separately record a possible contribution issue involving six historically associated parking spaces, but do not record a follow-up decision.
Questions for follow-up reporting
What was the dollar value of the proposed contribution for the five new spaces?
Will Council pursue contribution fees or another remedy for the six spaces previously associated with the courtyard?
What did the $974,000 reserve reduction in 2016 and the subsequent $12,000 reduction fund?
What happens next
Finance staff are investigating earlier expenditure from the parking contribution reserve; the minutes give no completion date.
Check the record
These passages were matched to the source text. Read them in context in the original minutes.
Council approved the Byng Street development application while excluding parking contributions condition 18.
THE MOTION ON BEING PUT WAS CARRIED. RESOLVED - 26/534 Cr J Whitton/Cr J Stedman That Council consents to development application DA 216/2026(1) for Demolition, Food and Drink Premises (alterations and additions) and Business Identification Signage (x 1 sign) at LOT: 0 SP: 32358, LOT: 3 SP: 32358, LOT: 2 SP: 32358, LOT: 1 SP: 32358 - 84 Byng Street ORANGE, 3/84 Byng Street ORANGE, 2/84 Byng Street ORANGE, 1/84 Byng Street ORANGE pursuant to the conditions of consent in the attached Notice of Approval, excluding the application of Parking Contributions (condition 18).
Resolution 26/534, item 2.5
Open original minutes ↗The amendment would have applied parking contributions to five new spaces and was defeated, with two councillors voting for it and eight against.
PLANNING & DEVELOPMENT COMMITTEE MINUTES 6 OCTOBER 2026 Page 6 AMENDMENT Cr D Mallard/Cr M McDonell That Council consents to development application DA 216/2026(1) for Demolition, Food and Drink Premises (alterations and additions) and Business Identification Signage (x 1 sign) at LOT: 0 SP: 32358, LOT: 3 SP: 32358, LOT: 2 SP: 32358, LOT: 1 SP: 32358 - 84 Byng Street ORANGE, 3/84 Byng Street ORANGE, 2/84 Byng Street ORANGE, 1/84 Byng Street ORANGE pursuant to the conditions of consent in the attached Notice of Approval, applying Parking Contributions to the five (5) new parking spaces.
Item 2.5 amendment
Open original minutes ↗The amendment vote was recorded as two votes for and eight against.
For: Cr M McDonell (Chairperson), Cr D Mallard Against: Cr T Mileto (Mayor), Cr J Stedman (Deputy Mayor), Cr K Duffy, Cr T Greenhalgh, Cr F Kinghorne, Cr G Power, Cr M Ruddy, Cr J Whitton Absent: Cr G Judge, Cr S Peterson THE AMENDMENT ON BEING PUT WAS LOST.
Item 2.5 amendment vote
Open original minutes ↗The chief executive said the courtyard had been agreed for six parking spaces and had been used as outdoor dining for about four decades.
For: Cr M McDonell (Chairperson), Cr T Mileto (Mayor), Cr J Stedman (Deputy Mayor), Cr K Duffy, Cr T Greenhalgh, Cr F Kinghorne, Cr D Mallard, Cr G Power, Cr M Ruddy, Cr J Whitton Against: Nil Absent: Cr G Judge, Cr S Peterson Cr McDonell asked how building within a pre-existing space can be considered an increase to floor area, noting that the courtyard has been in use for roughly 4 decades.
Item 2.5 discussion
Open original minutes ↗The chief executive said Council had the power to pursue contribution fees for the six spaces, but had not determined whether to do so.
The Chief Executive Officer advised that the rate for additional gross floor area is greater than the rate for change of use. Cr Greenhalgh asked if Council will chase the contribution fees for the six (6) non-existent parking spaces if the application does not progress.
Item 2.5 discussion
Open original minutes ↗The parking reserve was reported at about $465,000, with earlier reductions under investigation.
The Chief Executive Officer advised that in 2016/17 there was approximately $1m in reserves, and that Council has since collected another $430k. The current balance is $465k. In 2016 the reserve was reduced by $974k and in the following year it was reduced by a further $12k, and that the finance staff are currently investigating what these funds were used on as there is no distinct reference.
Item 2.3 discussion
Open original minutes ↗The chief executive said no money had been spent on adding parking in the previous five years.
He advised that no funds have been used for repairs or maintenance in the last 8 years, but may have been previously and that no money has been spent on adding parking in the last 5 years.
Item 2.3 discussion
Open original minutes ↗There was no current plan to seal the remainder of Williams carpark in Peisley Street.
Cr Mileto asked if the Williams carpark on Peisley Street will be fully sealed with bitumen to accommodate the anticipated future usage. The Chief Executive Officer advised that there is no current plan to seal the remainder of the carpark at this time.
Item 2.3 discussion
Open original minutes ↗Source record
Reporting from the public minutes of Orange City Council’s Planning & Development Committee meeting held on 6 October 2026.
Key facts from the minutes
- The committee resolved on 6 October 2026 to approve DA 216/2026(1) for alterations and additions to food and drink premises at 84 Byng Street and one business identification sign.
- Parking Contributions condition 18 was excluded from the consent.
- An amendment to apply contributions to five new parking spaces was defeated 2-8.
- The minutes say the courtyard had previously been approved for six parking spaces but had been used as outdoor dining for about four decades.
- The chief executive said the parking reserve balance was about $465,000 and that finance staff were investigating earlier expenditure.
Why it matters
- The approved Byng Street works can proceed without the specified parking contribution for five new spaces. The minutes also leave unresolved the value of that contribution and whether Council will pursue fees linked to six spaces previously associated with the courtyard.