[2005] VCAT 2160

1 The application for review is disallowed.

2 The decision of the Responsible Authority dated 21 February 2005 is affirmed. No permit is to issue.

Mr S Leigh in person, Mrs J Murphy in person and Mr E Robison on behalf of Mrs D Robison

1 The applicants are seeking a review of the decision of the Responsible Authority to refuse to grant a permit for the use and development of a Child Care Centre on Lots 158 and 159 Peacock Place and Lot 162 Collyn-Dale Drive, Wangaratta.

2 The responsible authority refused the application on the grounds that the location of the child care centre is inappropriate with access being from a minor road in a residential area which will result in a loss of amenity to the surrounding area due to the expected traffic movements.

3 The site is L shaped and consists of three housing blocks with a total area of 3049m². Two of the lots have a frontage to Peacock Place with one lot to Collyn-Dale Drive.

4 The site is located in a recently subdivided residential area. Lots to the north and east of the site are either vacant or have recently constructed dwellings on them. Lots to the south and west consist of established single storey residential dwellings.

5 Collyn-Dale Drive is a loop road that connects back to Williams Road. Peacock Place is a cul de sac serving 13 lots.

6 A 95 place child care centre currently operates in Williams Road approximately 100m from the subject site.

7 It is intended to establish on the site a 65 place Child Care Centre operating between 6.30am to 6.30 pm Monday to Friday with a maximum number of 14 staff at any one time.

8 The building is to be a 547m² contemporary single storey structure with an external verandah for the northern and western elevations. Four separate outdoor play areas are to be provided of 242, 348 170 and 325m² respectively.

9 21 on site car spaces are to be located on the site. These car spaces are shown as being located on either side of an entry driveway off Collyn-Dale Drive and in front of the building with the one way driveway exiting into Peacock Place.

10 The site is located within the Residential 1 zone under the Wangaratta Planning Scheme. A permit is required under the provisions of the zone for the use of a Child Care Centre as well as for buildings and works in relation to the development of the Child Care Centre. One of the purposes of the Residential 1 zone is to allow in appropriate locations community uses to serve the local community needs.

11 In considering such an application a number of policies within the planning scheme are required to be taken into account. In particular in relation to this application the relevant policies relating to noise and car parking[1].

12 In terms of the provision of car parking spaces on the site this is considered to be adequate for such a proposal with Mr Walsh indicating the expected demand for car parking spaces would be more likely to be 19 with 21 spaces being provided.

13 Although there was some discussion about the possibility of parents parking in Peacock Place to drop off and collect children this is not considered likely to occur often. Given the one way in and out nature of the driveway with a significant number of space provided on site its is not expected that parking in Peacock Place, a cul de sac, will be attractive to parents. It is expected that parents are more likely to park on site to ensure an easier and safer drop off or collection of their child.

14 In terms of layout of the car spaces it was Mr Walsh's view that a safer and more efficient option was to reconfigure what was proposed to provide for 12 ninety degree spaces on the north side of the driveway and 4 parallel spaces on the south side with the remaining 7 forty-five degree angled spaces still to be located in front of the building.

15 This reconfiguration results in the provision of an additional 2 on site spaces providing for a total of 23 spaces which will adequately service the requirements for parking for both staff and parents on the site.

16 Increased traffic is expected as a result of this use in both Peacock Place and Collyn-Dale Drive. Mr Walsh indicated the surrounding residential area is expected to generate 10 vehicle movements per dwelling per day resulting in an expected volume of 1,250 vehicles in Collyn-Dale Drive and 110 vehicles in Peacock Place.

17 The Child Care Centre is expected on Mr Walsh's estimation to generate 78 vehicle movements in the morning and evening peak hours as a result of parents dropping off and collecting children. The maximum of 14 staff are expected to generate 6 arrivals in the morning peak and 6 departures in the afternoon peak. On these figures it is expected an additional 84 vehicle movements will be generated in this area by the use of the Child Care Centre.

18 Collyn-Dale drive is classified as a collector road with an expected capacity of 3,000 vehicles per day whereas Peacock Place is classified as an access place with an expected capacity of 300 vehicles per day.

19 On Mr Walsh's estimates there would be an increase in vehicle movements up to 200 on Peacock Place and 1,450 on Collyn-Dale Drive. Whilst these numbers when considered against the expected capacity for each road appears relatively low, it is considered the residents particularly in Peacock Place will be aware of significant traffic movements likely to lead to an unreasonable impact upon their amenity.

20 Peacock Place is a cul de sac, in terms of the classification of streets it is a minor street designed to provide access to a small number of residential dwellings. Whilst it could in terms of capacity accommodate for 300 vehicles per day it has not be designed overall for the use of a commercial enterprise, namely a Child Care Centre.

21 The surrounding residents also expressed concerns in relation to the potential for noise in relation to this use. There would be an expectation that noise would be generated as a result of traffic movements in the area. Although it is not expected that the peak for traffic movements to the site will occur as early as 6.30am there will certainly be an increased level of noise from traffic movements in both the morning and evening peaks as well as at intervals during the day.

22 Concern was also expressed regarding the potential for noise as a result of the children playing in the outdoor play areas. Use of the outdoor areas by small children at a Child Care Centre is generally regulated. These areas are not used for extended periods of time. In such circumstances the occasional noise from children playing, which is not an uncommon sound in any residential area, is not considered to result in an unreasonable impact upon the amenity of a residential area.

23 A residential area is considered to be an appropriate location for a Child Care Centre allowing for the needs of the community to be serviced. In this area there are a number of schools and as noted earlier a Child Care Centre approximately 100m from this proposed site. This area is also developing with new dwellings being built. It is therefore expected that there will be a need for additional child care in this locality.

24 Whilst there is expected to be a need for a Child Care Centre the location for this proposed Child Care Centre is not considered appropriate due to the streets proposed to be used to access the centre. In this respect it is considered that such a centre should be more appropriately located on a wider and more easily accessible road rather than subjecting the residents of a cul de sac to an unreasonable increase in traffic.

25 The proposal to have a one way drive through access is considered appropriate for a Child Care Centre and contributes to safer access for the parents when dropping off and collecting children. However this particular site with only one lot facing the classified collector street, Collyn-Dale Drive and the larger part of the site having a frontage to Peacock Place classified as a minor access street results in a larger volume of traffic than might reasonably be expected to be directed to the minor street and results in a constraint on this site for its use as a Child Care Centre.

26 For the above reasons the application for review is disallowed. The decision of the Responsible Authority is affirmed. No permit is to issue.

[1] Clauses 15.05, 18.02, 52.06 and 52.07 Wangaratta Planning Scheme