Mixed use approved despite widespread opposition
The Land and Environment Court has approved a $7.2 million mixed use retail and childcare development at Careel Head Road in Avalon Beach after a long and controversial assessment process.
Objections had included the location of a childcare centre on the first floor of the development above a Dan Murphy’s bottle shop.
The Avalon Preservation Association (APA) made a written submission opposing the development in late 2024 and an oral submission to the Land and Environment Court (LEC) during court proceedings in June this year.
“Our objections relate to the co-location of a chain retail liquor outlet with a childcare centre, as well as undue bulk, increased traffic on a corner which is already problematic, proximity to children’s sporting grounds just opposite in Hitchcock Park and environmental factors such as Careel Creek,” said APA president Craig Boaden. “Another important issue is that of flooding, which is a frequent occurrence near the Barrenjoey Road and Careel Head Road intersection.”
Mr Boaden said the planned basement carpark would be ‘inundated’ in severe rain events and would bring associated risks to centre users.
“It is a great shame that the LEC makes its decisions on narrow legal and technical planning matters without considering other factors, such as social and economic issues, as well as community attitude to developments,” said Mr Boaden. “In this case there were over 200 community objections to the proposal, including the North Sydney Local Health District.”
Mr Boaden said that APA had written to Pittwater MP Jacqui Scruby about the limitations on court decisions, suggesting controlling legislation needed to be amended. Ms Scruby, who also opposed the development, told PL that she was concerned about the mixed use, flooding and the LEC decisions.
“I made a submission against this development regarding concerns about the proposed mixed use, flooding, and other inconsistencies with the local environment plan,” said Ms Scruby. “I am increasingly concerned about LEC decisions, and I share the APA’s view that planning laws need reform so local voices and community values carry more weight.”
The childcare centre will accommodate 60 children and operate from 7am to 6pm from Monday to Friday. The developer is to make a monetary contribution of $72,468 to Northern Beaches Council for the provision of local infrastructure.