Court upholds planning panel decision in relation to controversial Woonona ECEC service

Oct 04, 2022

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The developer of a proposed three storey 90 place early childhood education and care (ECEC) service in the New South Wales South Coast community of Woonona has failed its bid to keep the service alive in the proposed location after a court upheld the planning panel's decision to reject it.

Zaki Property Pty Ltd appealed Wollongong Local Planning Panel's refusal of the development application to the Land and Environment Court.

The planning panel denied the proposal on the basis that the \"design, orientation, functionality of the development and its relationship to adjoining land uses\" were unacceptable, in line with a Wollongong City Council recommendation to refuse it.

There were, however, issues about flood risk which were in contention during the appeal.

Land and Environment Court Commissioner Peter Walsh agreed with Zaki Property that certain local planning provisions did not apply, as the council had argued, and the application could not be refused on the grounds it was an \"unsuitable land use\".

While the proposal, according to Mr Walsh, was \"satisfactory in regard to many provisions\", and while the risk of flooding at the site was \"quite low\", the proposed development would \"bring a sensitive use into the floodplain in a medium hazard area\".

To manage the risk, carers and parents would need to “act in a certain way” but it was likely that some would not, and therefore there was the potential for “significant adverse consequences,” which would cause “unacceptable increases to flood-related risks\", including public safety and flooding impacts beyond the site.

\"I am not persuaded that the otherwise benefits of the proposal outweigh these negative aspects,\" Mr Walsh said.

Many in the local community objected to the build, worried about safety, parking and traffic. To read local coverage of this story please see here.

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