THE Darlington Residents and Ratepayers Association says residents have been ignored after the development assessment panel approved a large-scale childcare centre in a residential area despite strong local opposition.

The proposed centre, approved by the Metropolitan Outer Development Assessment Panel (DAP), will cater for 80 children on Darlington Road.

The Shire of Mundaring had previously voted unanimously to reject the development.

Darlington Residents and Ratepayers Association (DRRA) chair Louise Stelfox said the DAP process bypassed local democracy and disregarded community concerns.

“Local democracy is being blocked,” she said.

“Everything the community raised was totally disregarded by the DAP.”

She said planning changes introduced by the state government meant developments worth over $2 million were now assessed directly by the DAP, with no requirement for council approval.

“I mean this thing – council opposed it unanimously, but it didn’t seem to matter to the DAP panel,” she said.

Ms Stelfox said nearby residents would be severely impacted by the development, citing noise, traffic and loss of amenity.

“There’s one lady who’s more severely impacted than anyone else,” she said.

“This great big building is going to overshadow her northern boundary.

“She’s not going to have the same amenity she was afforded when she bought that property.”

The owner of the property neighbouring the development, who did not wish to be named, said the proposed childcare centre would cast her garden in shadow, worsen traffic and noise at her home.

“I work from home and now I’ve got a great big commercial structure next to me so there will be air conditioner noises and because of the height of the property, the wall won’t stop the noise,” she said.

“My plants will be cast in shadow from the building, which will be about three sea containers high, and if I move and replant them, I hope they don’t die.

“I’ve tried to contact the Department of Planning, Lands and Heritage and they basically told me I had no rights of recourse.”

The resident contacted the Department of Planning, Lands and Heritage (DPLH) on April 28 to include her deputation at the DAP hearing for the development and was told panel members would consider it prior to the meeting and then declare at the meeting that they gave due consideration to the submission.

Nine deputees from Darlington attended and opposed the approval of the development during the DAP meeting.

Following the approval of the development, the resident asked the DPLH for advice for the process to have the decision reviewed.

She was advised there were no third-party appeal rights in relation to planning decisions in Western Australia and courts did not remake the decision if reviewed.

“Judicial reviews are more commonly made by third parties,” the DPLH said.

“A judicial review could be made by way of an application to the Supreme Court of Western Australia and is primarily concerned with how the original decision was made, as to whether it was consistent with administrative law principles of valid decision-making.

“The range of remedies in a judicial review is more limited, where the court does not remake the decision but is merely asked to consider whether the original decision was lawful.”

Darlington Primary School principal Andrew Newhouse said Amherst Avenue was a cul-de-sac which was busy as it already handled most of the daily drop off and pick up traffic.

“The afternoon is worse than the morning, with the whole street full of banked up vehicles waiting for their pick up,” he said.

“The parents of students in kindergarten and pre-primary have to drive up this street to pick up their child, which needs to be done in person at the classroom.

“There are 70 students daily in this category.

“For the rest of the school, parents use this same street for a kiss and drive or pickup in the afternoon.”

Ms Stelfox raised concerns about bushfire safety, claiming adjacent homes had been built to high bushfire attack level (BAL) standards and the childcare facility needed to meet those standards.

The DRRA said the development was part of a pattern of commercial expansion into the hills, with the proponent involved in similar proposals in Bassendean, Bayswater and South Perth.

The association is now calling on the shire to urgently review its local planning scheme and for the state government to support changes proposed by the WA Local Government Association (WALGA), including raising the DAP threshold from $2 million to $5m and increasing local representation on panels.

“We’d like them to review the local planning scheme in partnership with the ratepayer groups,” Ms Stelfox said.

“What’s going to be interesting is whether the government accepts WALGA’s advocacy.

“I sorely hope they do.”