25 The Langwarrin Outline Development Plan includes conventional residential areas and low density residential areas. Sites for schools, pre-schools and infant welfare centres (existing and proposed) are shown in the residential areas but not in the low density residential areas. There is no reference at all to child care centres.
26 I do not consider that the identification of sites for schools, pre-schools and infant welfare centres is relevant to a consideration of where commercial child care centres may be established. I consider that commercial child care centres fall into a different category of use and the approved development plan simply does not descend to this level of detail.
27 I do not consider that for the present purpose the distinction between residential and low density residential areas on the Langwarrin Outline Development Plan is relevant either. I acknowledge that one of the purposes of the Residential 1 Zone is: In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs; and there is no similar purpose in the Low Density Residential Zone. However, these were not the same zones that applied when the Langwarrin Outline Development Plan was first adopted in 1994. I do not consider that the designation of areas as residential and low density residential in the ODP implies anything about the uses that may locate in these areas. Rather, I consider the distinction relates simply to differences in subdivision lot size and dwelling density.[5]
28 With changing demographic patterns and increased rates of participation by women in the work force, the social need for child care has grown. This need is being met through a proliferation of commercial child care centres. Many such centres choose to locate in residential areas because of the nature of the use and the fact that they are serving local community needs. In my view, child care centres are part and parcel of residential areas. They meet a community need that is directly related to residential use and development in much the same way as schools and kindergartens. As such, I consider that a child care centre being located in a residential area, even a low density residential area, can be said to be generally in accordance with the development plan provided there are no specific locations otherwise shown for the location of such facilities. Whether the particular location proposed is suitable having regard to its merits and other policy considerations that may exist, is a question to be decided when the application for planning permit is decided.
29 I therefore find that the child care centre proposed in the present case is a use and development that is generally in accordance with the Langwarrin Outline Development Plan. Accordingly, it is open to the council to grant a permit for it in accordance with clause 23.04-1 of the Development Plan Overlay.
30 This matter will now be referred back to Member Hewet to complete his determination of the application for review.