THE Planning and Environment Court has overturned Redland City Council’s refusal of a development application for a new childcare centre in Birkdale.
The appeal by McNamara-Healey Holdings Pty Ltd was allowed, with Judge Kent KC DCJ finding that the proposed development meets the broader public interest despite not being “small scale,” as required under the local planning scheme.
The centre, planned for four contiguous lots on Birkdale Road, would cater for 117 children with 22 staff and 37 car park spaces.
The site sits along a busy four-lane road with about 24,000 vehicles passing daily, close to a local commercial centre and other community facilities.
The council had argued the proposal was too large for the Low-Density Residential Zone, would harm visual amenity, and exceeded any demonstrated need for childcare places in the area.
Co-respondents, operators of nearby childcare centres, opposed the development on similar grounds.
However, the court accepted evidence from the appellant showing there is a significant short- to medium-term demand for additional childcare spaces in the catchment.
Expert testimony highlighted waitlists at existing centres and a lack of alternative code-assessable sites for development.
Judge Kent noted that while the centre is not small scale, it is “house-like” in design, with appropriate landscaping, setbacks, and presentation that blend with the streetscape.
The preliminary approval for a dwelling of similar size on the site also supported the proposal’s scale.
“The non-compliance with the Scheme is outweighed, on balance, by the substantial compliance with other assessment benchmarks,” the judgment states.
“There are no unacceptable impacts on amenity, and the proposal would provide a much-needed community service.”
The court has approved the development, subject to reasonable conditions, which will be finalised in consultation with the parties.
The decision marks a win for McNamara-Healey Holdings, who have been seeking to establish the centre since lodging the application in June 2023.
