A new, 174-place childcare centre on Princes Highway, Kirrawee, has received development approval despite an expected deterioration in air quality in the area.
There is a heightened risk and likelihood that air quality will be adversely affected...
- Land and Environment Court
The long day care centre will be on the former Dominelli Ford site at the corner of Oak Road, opposite the South Village development.
Strict air quality conditions were imposed by the Land and Environment Court after a conciliation hearing involving the applicant and Sutherland Shire Council.
The court ordered air quality tests at least every three years of outdoor play areas as well as internal facilities
If results did not meet federal and state standards, the centre would have to cease operating until mitigation measures were implemented, the court said.
Applicant, Kirrawee Childcare Unit Trust, appealed to the court on the grounds the development application (DA) was deemed to have been refused because it was not determined within 40 days.
“Deferred Commencement” was approved, meaning consent does not operate until conditions, including an air quality management plan and monitoring program, are met.
“Due to the location of the childcare centre in close proximity to a major road and light industrial activity, its significant onsite car parking provisions and driveway adjacent to the outdoor play areas, there is a heightened risk and likelihood that air quality will be adversely affected by future changes in traffic volume, mix of vehicles and adjacent land use activity,” the judgment said.