The Tribunal set aside council's refusal and granted a permit for subdivision into six lots and the use and development of a child care centre on land designated as 'low density residential' in the Woodlands Precinct Structure Plan, subject to conditions including that the child care centre must not commence until the signalised Mickleham Road/Providence Road intersection is constructed and operational. Applying Intrapac Ellarook v Wyndham CC [2025] VSC 549, the Tribunal held that a PSP which designates land for a particular use on its Future Urban Structure plan but contains no requirement, objective or guideline that expressly prohibits or precludes alternative uses does not foreclose on non-residential uses otherwise permitted under the applied zone; the overarching test is whether the proposal implements the outcomes (vision and objectives) of the PSP. The public open space contribution under section 18 of the Subdivision Act 1988 was set at 2% rather than the 5% sought by council, with the Tribunal rejecting a blanket municipal-wide approach where the schedule to clause 53.01 is silent and the local context (large lot sizes, adjacent parkland) did not support the maximum contribution.
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