Once again, pleased to have assisted our client in obtaining Development Consent for an 80-place child care centre with basement parking in the Blacktown Council LGA.
The contentions raised by Council included arguments relating to:
- The primary street setback (as opposed to a secondary street setback) on a corner allotment,
- Issues relating to waste management, including the storage of waste in basement parking, temporary waste storage on street, and the necessary requirement to use mechanical bin tugs to transport between waste enclosures,
- Unencumbered outdoor play areas when you have on-site detention tanks in these play areas,
- Entitlement to moveable planter boxes over OSD inspection pits and their contribution to interactive play for children,
- Building form and scale, and the contribution to streetscape and character, having regard to the location of the child care centre in an R2 zone,
- The rather unusual issue of considering whether underground storage of stormwater (including pits/grates) is considered “storage” for the purpose of calculating unencumbered outdoor space in child care centres.
This link provides a copy of the judgement in the matter.
