Permit granted for ECEC service in Frankston despite strong community objection 

A long day care service in the Victorian suburb of Frankston South looks set to go ahead despite the objections of nearly 200 residents who are worried about inconsistency with planning controls and neighbourhood character, existing supply and the site’s location within a bushfire area, amongst other concerns. 

The proposal approved is for a single-storey building with a basement car park, and vehicle and pedestrian access provided off Sibyl Avenue. The ground level will host eight activity rooms each catering for varying age groups, toilets, a reception and office, a staff room, a planning room, a kitchen, an area for parents, and a stairwell and lift to the basement.

Frankston Council granted the permit for 253 Humphries Road at a recent meeting, acknowledging the 177 objections which also noted noise, property devaluation and the vegetation which would need to be removed to accommodate the service. 

Mayor Kris Bolam said that had the Council denied the planning permit, it would have had “very poor grounds” to successfully defend its decision at the Victorian Civil and Administrative Tribunal. 

“The matter has been extensively examined by the council and the outcome is a reflection of the reality that as our population continues to grow, we need to provide childcare opportunities for our community,” he said.

Speaking to the chamber on the evening of the meeting Councillor David Asker began his speech by saying “I wish I was at home watching the Mandalorian right now and not being here tonight” before reminding fellow council members that they had to “adjudicate with facts and not passion”. 

“It’s probably a good time to remind, especially the new councillors, that being a good councillor is not about how many likes you get on Facebook. It’s not about making friends, or certainly not about winning a beauty contest. It’s about adjudicating in a fair and impartial manner without favour or bias given the information presented before us.”

Once the council reached their decision the Mayor told them that the decision “demonstrated to the public that [councillors] are able to separate what is popular from what’s right.” 

“I think you have made the right decision in terms of not exposing ratepayers to having them litigated at a VCAT hearing,” he said. 

“Residents do have third-party rights so the onus is now on them if that’s something they want to pursue.”

Objectors are considering making a VCAT appeal and have indicated that they will engage a town planner first to assess the case.

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