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Home»News»Childcare developer wins VCAT appeal
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Childcare developer wins VCAT appeal

Brodie CowburnBy Brodie Cowburn25 July 2022Updated:18 July 2024No Comments3 Mins Read
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A PERMIT has been granted to build a childcare centre on Overport Road.

The proposal to build a childcare centre at 137 Overport Road was rejected by Frankston Council in November last year. Earlier this month the developer won its appeal to have the decision overturned.

The Victorian Civil and Administrative Tribunal has handed developer ASL a permit to use the land to build a childcare centre on, subject to certain conditions being met.

The childcare centre will be capped at a capacity of 95 children. A previous proposal to build a childcare centre on the site for 116 children was rejected by VCAT in 2020.

When council rejected the new plans last year, 279 residents made submissions voicing their opinions. Council officers recommended that the permit be approved, but all councillors decided to reject it citing congestion and amenity concerns. Despite the worries of councillors, the published VCAT decision read that the impact of the increased traffic would “not be unacceptable”.

“I have no doubt that there will be some impacts from increased traffic volume but I find that these will not be unacceptable, based on the location of the proposed car park and the fact that the car park has been designed to have a separate entry and exit point and one-way traffic flow,” the decision read. “I am also satisfied that the impact would be acceptable as the traffic volume would be spread over a number of hours at each end of the day and that this volume, although more significant than what is currently experienced in this part of Fontayne Court, would have minimal impact on the nearby properties given the corner location of the site. The prospect of traffic travelling along Fontayne Court beyond the subject site is possible but I would think unlikely and certainly unlikely in any significant volumes.”

Other changes from the 2020 proposal include an increased minimum setback of the building from Fontayne Court from 3 metres to nearly 7.5 metres. The number of car spaces was reduced from 25 to 21, and the setback of the car park from Fontayne Court was increased by more than a metre. The total building site coverage was reduced from 693 square metres to 597.4 square metres, excluding the porch and play area.

Amended plans must be submitted to Frankston Council before the project proceeds further. The mayor Nathan Conroy said that council will consider resident impacts as it follows the project’s progress.

“Council will ensure that permit conditions regarding amenity, such as acoustics, tree protection and landscaping, and neighbourhood character, are adhered to as per the permit, which was approved by the VCAT,” Conroy said. “Council recognises that lower density residential areas – such as that of the proposed childcare centre development in Overport Road, Frankston South – have a quiet and peaceful character, which is highly valued by residents.”

ASL Real Estate was contacted for comment.

First published in the Frankston Times – 26 July 2022

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Brodie Cowburn
Brodie Cowburn

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