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Toowoomba council taken to court by residents over approval of Glenvale childcare centre

The Toowoomba Regional Council has been taken to court by residents opposing a new childcare centre on a major intersection, which locals say has been the site of serious crashes.

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The approval of a large childcare centre in western Toowoomba has been appealed by neighbours in court, arguing it would be a safety risk and detrimental to residents.

The Toowoomba Regional Council and developer Flux Property Group Pty Ltd have been taken to the planning and environment court over the planned centre on the corner of Boundary Street and Glenvale Road in Glenvale.

The 935 sqm facility, which was approved by the council’s planning department in December after going through impact assessment, has the capacity for 135 children, 23 staff and 43 car parks.

The green tick came despite multiple residents lodging submissions against the proposal during the assessment period, including appellant Katharina Riehl.

A childcare centre on the corner of Glenvale Road and Boundary Street in Glenvale that was approved by the Toowoomba Regional Council has been appealed by residents in the planning and environment court.
A childcare centre on the corner of Glenvale Road and Boundary Street in Glenvale that was approved by the Toowoomba Regional Council has been appealed by residents in the planning and environment court.

In her notice of appeal filed on January 28, Ms Riehl said the centre should be refused due to in consistency with the rural-residential zoned use of the land and its impacts on visual amenity, traffic and access.

She also argued there were at least 11 other childcare centres either operational, approved or proposed in western Toowoomba — including one across the road.

“The proposed development will unreasonably impact the amenity of adjoining properties, including the appellant’s land,” the appeal said.

“There is no, or no sufficient, demonstrated need for the proposed development.

“There is no planning benefit co-locating the proposed development with other community uses in the absence of need.”

Ms Riehl argued the intersection had been a site of several crashes, including at least two where vehicles had collided with fences on the subject land.

A childcare centre on the corner of Glenvale Road and Boundary Street in Glenvale that was approved by the Toowoomba Regional Council has been appealed by residents in the planning and environment court.
A childcare centre on the corner of Glenvale Road and Boundary Street in Glenvale that was approved by the Toowoomba Regional Council has been appealed by residents in the planning and environment court.

“Approval of the proposed development may undermine the sustainability of existing and proposed childcare centre operators in the locality, resulting in closures or reductions in places that are not made good by the proposed development,” she wrote.

“(It) will result in increased traffic, especially during peak school drop-off and pick-up periods, in circumstances where the surrounding road network is already strained and where there have been at least two instance where vehicles have crashed into the existing fence on the land.”

Applicant Flux Property Group, which lists Scott Lindeman and Benjamin Sutcliffe as directors, has entered an appearance as part of proceedings.

Ms Riehl wasn’t the only local resident to express opposition during the assessment process, with Laurel Ewing voicing concerns about safety risks for children if the centre was allowed to be built.

“I have only lived here for four years and have already seen at least two cars that have crashed right through the fence where the proposed centre would be,” she wrote in her submission.

“It is horrifying to think that a car could crash right into the centre possibly injuring or killing unsuspecting children and their carers.”

Originally published as Toowoomba council taken to court by residents over approval of Glenvale childcare centre

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Original URL: https://www.couriermail.com.au/news/toowoomba/toowoomba-council-taken-to-court-by-residents-over-approval-of-glenvale-childcare-centre/news-story/1f2b2396ecb08bb41517370260633731