Updated
The Sutherland Shire Local Planning Panel has cancelled its approval of a controversial child care centre development at Miranda after an embarrassing blunder.
A “technical and legal issue” arose after the conclusion of a meeting on Tuesday, October 16, where the panel announced the proposal was approved.
Residents strongly opposed the development application (DA) for the 101-place childcare centre at the corner of View Street and Wandella Road, near Westfield Miranda.
A new DA, with modifications, was submitted after the Land and Environment Court rejected the first application in 2016.
The panel, in its published decision yesterday (Monday), said when it became aware of the issue after last week’s meeting, it decided the decision should be deferred, and it would be determined by a different panel at a future date.
“While the situation is unusual and regrettable, the panel could not conscionably determine the matter for approval once it became aware of the problem, albeit after the public meeting,” the panel said.
“It was appropriate in the circumstances for further information and a report to be brought forward, with public notice as appropriate, and that the matter be determined by a different panel to avoid any perception of preconceived bias”.
The problem was the applicant’s failure to submit a written request to contravene the minimum lot size for one of the four lots in the development at 1-7 View Street, and the lack of analysis of that matter.
The applicant will be required to submit an amended variation request, and residents will have an opportunity to object.
After the Land and Environment Court’s rejection of the earlier DA, the developer scaled back the size of the project and acquired an additional property.
However, residents remained concerned about traffic, parking, noise and the safety of children.
Sutherland Shire Council planning staff supported the revised DA after opposing the initial application.
Cr Barry Collier said it was “a classic example of the arrogant, gung-ho attitude of developers in the shire, who don’t even bother to pay attention to the Council’s rules, much less follow them”.
“It’s bad enough that our elected councillors can’t pull these cowboys into the line— because the Liberal State Government has taken away all our planning powers.
“Now we have the farce of having the developers of this childcare centre putting in a ‘variation’ to their proposal (before it is even approved), and we face the very real prospect of their changes being waved through by the council staff and yet another IHAP panel.”
Cr Collier said, even if the variation was eventually granted, the problems of the site still hadn’t been addressed.
“The narrow street and the problems of traffic congestion, and the residents’ genuine safety concerns at the increasing number of number of accidents at the dangerous View Street / Animbo Street / Wandella Road roundabout have all been ignored,” he said.
“Gone is the amenity of the area for residents; gone is the resident’s peace of mind.”
