VCAT approves plan for apartments above Headstart Early Learning Centre, Church St

A popular play centre could make way for almost two dozen apartments, after the state’s planning umpire gave a multi-million dollar proposal the green light.

Plans to introduce apartments on top of a childcare centre in Geelong West have been submitted to Geelong Council.

A popular play centre could make away for almost two dozen apartments above a Geelong West childcare centre, after developers took the issue to the state’s planning umpire.

Plans for 23 apartments above the Headstart early Learning Centre at 53-57 Church St were revealed late last year.

Melbourne-based developers Artio Investments Pty Ltd, which own the site, sought to amend their planning permit to alter the two-storey building, which currently contains Headstart Early Learning Centre on the ground floor while the All 4 Kids Play Centre is located above.

Under the proposal, the childcare centre would remain, while the play centre would close and be converted to apartments.

Town planner Andrew Clarke, of Clarke Planning, prepared the application on behalf of Artio Investments.

Mr Clarke also represented the owners before the Victorian Civil and Administrative Tribunal (VCAT) at a hearing on May 13.

Plans to build apartments on top of a Geelong West childcare centre were lodged with Geelong council last year.

The proposal sought to alter the building to enable the alter the existing second storey and construct a third storey above.

The combined second and third storeys would include a total of 23 apartments.

According to its website, All 4 Kids is a “state of the art” play centre, open seven days a week from 9.30am, with an interactive sports zone, “ninja course” and building block world.

City Hall rejected the plan on March 3, on the basis the garden area did not satisfy the mandatory requirement clause for such an area - 35 per cent in this case.

Artio Investments took City Hall to VCAT, arguing that 53-57 Church St was exempt from the garden requirement as it existed prior to the amendment that introduced that clause and the subject land was designated for medium density housing anyhow.

City Hall maintained the exemption ought to be confined to previously existing buildings that were residential, although this argument was conceded to require “reading in” additional words into the exemption.

In handing down her decision earlier this month, VCAT senior member Picha Djohan found the permit application did have the benefit of the exception.

“I disagree with the responsible authority that it is logical to limit the existing building exemption to existing dwellings and existing residential buildings,” she wrote, further writing:

“I agree with the applicant that on the facts of this matter, the exercise of calculating the actual garden area available where the proposal involves the alteration or extension of an existing building is somewhat academic.”

Originally published as VCAT approves plan for apartments above Headstart Early Learning Centre, Church St