The Land and Environment Court has upheld Sutherland Shire Council’s refusal of a development application for a 141-place childcare centre at Miranda.
Two commissioners found the proposed building at the corner of View Street and Wandella Road did not meet objectives of the R2 low density zone and would “unacceptably impact on the predominantly residential character of the area”.
It is the second large childcare centre proposal in the shire to be rejected in a week.
Tradies has indicated it might appeal the decision to the Land and Environment Court.
The proposed Miranda childcare centre was two storeys plus a basement car park, and would have had places for 141 children, aged 15 months to five years.
The developer appealed to the court after the DA was refused by the council in December last year, with Labor and independent councillors triumphing 8-7 votes against the Liberals.
Labor B Ward councillor Barry Collier, who led the opposition on council, said the decision was “a big win for the little people”.
“Residents have been living under a cloud of uncertainty about the future of their neighbourhood for themselves and their kids since the DA appeared out of the blue just before Christmas,” he said.
“The court’s refusal also sends a clear message to all developers that regardless of the proposal, they have to follow the rules.
“While there may be a need for more childcare centres in the shire, that doesn’t entitle developers who propose them to automatically assume their DAs will be successful.
“The developers have to pay much closer attention to the character of the area itself, both present and future.”
While Labor councillors took a stand against this DA, they were criticised by Gymea residents for not representing them in their fight against the Tradies’ childcare centre proposal.
Labor councillors abstained from voting on the Tradies DA, citing a conflict of interest because the club had donated to their election campaigns.
Cr Collier is also an honourary life member of the club.
Liberal and independent councillors unanimously rejected the Tradies’ DA.
Trish Halls, a leader of the campaign against the Tradies’ DA, said they were “very happy with the decision, and with the level of community support and encouragement”.
“We will continue fighting to protect our neighbourhood, and hope that Tradies will take the time to reflect on this decision, and the wishes of the community, before deciding on their next course of action,” she said.
