Court battle looms over decision to reject plans for new childcare centre

A developer has gone to court to seek approval for a childcare centre in a planned business hub.

Stockwell Development Group has lodged a notice of appeal in the Planning and Environment Court against Noosa Council’s decision to refuse its application for the childcare facility in the Noosa Business Centre at Noosa Civic.

The grounds for the appeal claim the council’s decision was wrong and contrary to law.

Stockwell had sought a material change of use to allow for the development of the childcare centre on vacant land on Hofmann Drive.

The proposed Sanctuary Noosa Childcare Centre was to cater for 96 children and employ a staff of 17.

However, Noosa councillors in June voted seven to two to refuse the application in line with a recommendation by council officers.

The vote followed extensive debate by councillors, some of whom recognised the need for a childcare centre but not in that location.

Among the reasons given by the council for refusing the application was that it did not include a 10m-wide garden buffer along Hofmann Drive as required under sections of the Noosa Plan, and that the use was inconsistent with the major centre zoning.

Other reasons were that the proposed building would not have a minimum ceiling height of 2.7m as per the Sustainable Building Design Code, and that a bicycle parking facility would impede access.

The notice of appeal filed by Cooper Grace Ward solicitors on behalf of Stockwell asks the court to set aside the council’s decision and approve the application, or make another decision as it sees fits.

The notice says the council has relied upon a reconfiguration of a lot approval that should not bind the development application.

It says that the 10m-wide landscaped buffer along Hofmann Drive is not required under section of the Noosa Plan as claimed by the council and that it would be “unreasonable” of the council to require one.

Visual amenity could be achieved within a proposed four-metre garden bed along Hofmann Drive if the right conditions were placed on planting, it says.

The notice points out that landscaped and open space areas would comprise 43 per cent of the 2597sqm site

The proposed landscaping, open space and building design and siting would achieve a “park-like and vegetated setting” and “present visually as a continuation of the landscaped streetscape along Hofmann Drive”, it says.

The single-level building, set back 10.5m from the road, was designed to “integrate with the natural environment”, would have a ceiling height of 2.5m, and would feature elements such as awnings, screenings and solar power in keeping with “green” building design.

The notice of appeal says the centre would support workers in the Noosa Business Centre and the local community, and provide employment.

Documents filed in the appeal so far do not indicate when the matter will come before a judge.

Stockwell and Noosa Council both declined to comment on the appeal.