In a recent VCAT Case Clause:1 represented the interests of a Childcare Centre seeking to increase the number of staff onsite.
In this case Clause:1 had been involved with the original planning permit application resulting in a planning permit being issued in early 2010 for the 50 place Centre. A permit condition imposed by Council restricted the number of staff allowed on site to no more that 5. This restriction was imposed inline with the requested number of staff as identified within the report submitted with the planning permit application.
The permit applicant then sought to appeal this condition seeking to increase the number of staff onsite from 5 to 8.
At the hearing Council noted that they had simply granted permission for what had been asked of them (5 staff). Council argued that it was inappropriate for the Condition to be removed or modified under an appeal to VCAT. It submitted that the permit applicant should be forced to submit a new application to amend the planning permit (pursuant to Sec72) at which time public notification could be given and further information requested to justify the increased parking dispensation.
A traffic engineering report has been completed and submitted with the original planning permit application. The empirical studies within that report provided enough information for Council to fully understand the impacts of the proposed increase. However Council did not revisit that report to assess the merits of the request to amend the permit condition. Instead Council held the position that any increase in car parking dispensation would impact the amenity of the surrounding area and should not be supported prior to public notification being given.
Importantly, the request to increase the number of staff onsite from 5 to 8 was not motivated by a desire to increase the number of places in the centre or a change of heart by the applicant, rather the increase in staff numbers was being sought as a result of changes to the Children’s Services Regulations that require increased ratios of staff at such centres as of early 2011.
In determining the matter the Tribunal disagreed with Council and concluded that the conduct of the applicant was entirely appropriate. The Tribunal ordered a change to the contentious condition increasing the staff numbers from 5 to 8.
It is expected that Childcare Centres across the state will need to make similar alterations to their planning permits as the new Regulations for increased staffing ratios come into affect between 2011 – 2016.
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Last updated 140111