_VCAT AND SYMTHES CREEK CHILD CARE CENTRE

Earlier this year Collie represented a client at the Victorian Civil and Administrative Tribunal (VCAT) in an application for review of a refusal by Ballarat City Council (Council) of a second extension of time to a child care centre permit. 

The intended childcare centre is within the Ballarat West Precinct Structure Plan area and more specifically, is covered by the Ballarat West Major Activity Centre Urban Design Framework, for use as ‘community facilities’ which encourages land uses such as childcare centres. 

The permit was issued by Council in June 2019 and a first extension of time approved in 2021 with construction delayed due to the impact of unforeseen events, Covid and the subsequent high costs and shortages in materials and labour. 

Council refused the second extension of time on the basis that the applicant was ‘warehousing’ the permit and that the planning background had changed.  Collie was able to demonstrate that these were not the case or, in terms of planning background provisions, were far too premature / not the result of any consultation .

VCAT approved a two year extension of time to the permit. 

The full decision (Marlap Pty Ltd v Ballarat CC [2024] VCAT 210) can be accessed through the following link.  http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2024/210.html