The brief
A greenfield childcare centre on a 10,000+ sq.m site in a Low Density Residential Zone. The proposal triggered the Frankston Planning Scheme's Clause 22.04 policy on non-residential uses in residential areas, and sat under three concurrent overlays — Significant Landscape Overlay Schedule 1 protecting substantial indigenous trees, Design and Development Overlay Schedule 4, and Bushfire Management Overlay Schedule 2. The site fronted Warrandyte Road, a Road Zone Category 1 requiring an access alteration under Clause 52.29, and native vegetation removal under Clause 52.17 carried offset obligations.
How we handled it
The application was framed squarely against the Clause 22.04 local policy — demonstrating the childcare centre's fit with non-residential use expectations in a low-density residential context. The design retained key substantial trees under the Significant Landscape Overlay, delivered the defendable space required under the Bushfire Management Overlay, and resolved the Road Zone Category 1 access. Native vegetation offsets were secured in accordance with Clause 52.17.
The result
Planning Permit 189/2020/P was issued by Frankston City Council on 4 March 2021. The permit approved the use and development of the childcare centre, buildings and works in the tree protection zones under SLO1, native vegetation removal under Clause 52.17, buildings and works under DDO4 and the Bushfire Management Overlay, and the Road Zone Category 1 access alteration.