VCAT overturns council rejection, Overport Road ECEC service will go ahead
Despite a rejection from Frankston Council in November last year, a permit has been issued to a developer in relation to an early childhood education and care (ECEC) service to be built at 137 Overport Road, Frankston South.
The Victorian Civil and Administrative Tribunal (VCAT) has issued developer ASL a permit to use the land to build a 95-place ECEC service, subject to certain conditions being met. A previous proposal for a 116-place service on the same site was rejected by VCAT in 2020.
Frankston Council received 279 submissions when making its decision, and while some council officers were in support of the application it was ultimately decided to reject the application based on congestion and amenity concerns.
VCAT found that the impact of increased traffic in the area “would not be unacceptable,” and that while there would be “some impacts from increased traffic volume,” the location of the proposed car park and the fact that the car park has separate entry and exit points and one way traffic flow would mitigate this.
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, with Mayor Nathan Conroy saying the 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,” he 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.”
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