New ECEC service for residential estate in Clyde approved by VCAT
Sep 16, 2024
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The Victorian Civil and Administrative Tribunal (VCAT) has approved the development of an early childhood education and care (ECEC) service in a newly built residential estate in Clyde, despite opposition from the local council.
Catering to 136 children, the proposed service will be built at 400 Clyde-Five Ways Road and was granted a permit in late August, after the Council failed to make a decision about the permit within the prescribed time.
Despite the delay, the Council argued that it would have refused the permit, citing that there was “no demonstrated need” for an ECEC service, and that the service would be located more than 400 meters from the Clyde town centre.
The Council also argued that the centre did not fit with the character of the estate, that it would cause unacceptable impacts to nearby residents, and that local traffic would be impacted.
VCAT members Allison Slattery and Ann Keddie noted the council’s Clyde Creek precinct structure plan guidelines which outline that private ECEC services should be within or near any town centre or community hub, and that the centre was “well outside” walkable distance from the proposed Clyde major town centre and more than 800 metres from the proposed railway station.
The pair did, however, note that these guidelines were discretionary, not mandatory, and that there was an established pattern of services being located well within residentially zoned areas.
“If appropriately designed, they both serve a need whilst providing built form that is compatible both with dwellings and the broader residential land which can include other non-residential forms,” they note.
The Tribunal did order that the front carpark of the development should be set back further from Henderson Street, and that extra canopy trees should be planted in both the car park and the reserve to the west of the site.
