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Mick Ogrizek

Review of Decision to Grant Development Approval for Childcare Centre

A recent case before the Queensland Planning and Environment Court, Jezreel v Brisbane City Council, considered the issue of the need for the proposed childcare centre. It should be noted that this was an issue considered in this case because of Queensland planning laws. The Council approved the development which included a childcare centre. This case considered a review against that decision. There were a number of issues that were considered by the Court in relation to the proposed childcare centre (including number of places, landscaping and car parking). However, one of the key questions that required adjudication was: is there a need for the proposed childcare centre? The Court considered the evidence of economic experts (paras. 350-365). Of particular interest is the Court's view that community expectations for a modern childcare centre that exceeds the National Quality Standards were not being met in the area (para. 355). In the end it rejected the appeal against the development approval.

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