Council has now refused this development application for a number of reasons as follows:

  • Conflicts with the strategic outcomes of The Strategic Framework, Theme 2: Brisbane’s outstanding lifestyle (including four points detailing conflicts with Land use strategies);
  • Is contrary to the strategic outcomes of the Strategic Framework, Theme 3: Brisbane’s clean and green leading environmental performance in that the child care centre does not accord with the pattern of the zone being a residential zone, does not manage health, amenity impacts and interfaces between land uses and activities;
  • Is inconsistent with the strategic outcomes of the Strategic Framework, Theme 5: Brisbane’s City Shape i.e. the development does not support an integrated urban form and self-contained community that reduces the need for vehicle-based trips, provides for a range of uses and protects residential amenity;
  • Is inconsistent with the overall outcomes of the Low medium density residential (2 or 3 story mix) zone i.e. the development is located within a predominantly permanent residential environment; does not support the level of comfort, quiet, privacy and safety expected in this location, in particular the impacts of noise, traffic and parking;
  • Does not comply with the relevant provisions of the Child care centre code i.e. not located and designed to be conveniently accessible to users or maintains traffic safety; not compatible with the residential character and amenity of the zone and is not sited or designed to minimise adverse impacts on the amenity of nearby residential dwellings; does not provide good accessibility and is not co-located or within close proximity of other facilities;
  • Is contrary to the relevant provisions of the Community facilities code.

If you wish to view the full details of the Decision by Delegate of Council, please view the DA A004764412 on Council’s PD online tool here.  

I understand that if the Applicant lodges an appeal with the Planning & Environment Court against the Council’s decision to refuse this application, they must do so within 20 business days of the notice of decision being given. They must also provide a copy of the notice of appeal to each principal submitter, within the service period.

At that time, an eligible submitter is entitled to elect to become a co-respondent for an appeal against this action. This will usually involve taking legal action against the appeal in the Planning & Environment Court.