I put a number of question into an artificial intelligence (AI) called Google Gemini. The questions and answers are below.

One is to go down the legal road. I DONT suggest that. My experience is it is ok to pay for very small amounts for good legal advice but NOT to get legal representation. Lawyers acting on some one else's behalf, tend to consume a lot of money with very little benefit.

Here is something I wrote about legal costs some time ago. See the bit on Utilizing Lawyers

Legally, tiny little things can hold up a development to such an extent were the developer decides it's not financially worthwhile going ahead. Just because there are heaps of reports and documentation does not mean that it's correct. As you've already found out.

Even though someone's told you to sell up and move elsewhere you could make things so difficult for a developer that they could decide to sell ther property

I learnt when dealing with lawyers that they will overburden you with information such that you are distracted from your purpose. The best form of defense is therfore to go on the attack and overwhelm them with information.

Ask them to provide you with all of this: I originally put those points down for you to answer for me but why not get them to answer it for you

1. Is the developer the owner of a childcare business or just a builder?
2. has it been proven that there is a need for child care in the area?
3. has it been proven that are not existing buildings that could be used as a childcare center rather than building a new building?
4. What has been approved?
5. is it property, material change of use?
6. has the property been described correctly? Physical location? By reference to correct cadastral data data? Eg our property description is incorrect because of a surveyors transcription error.
7. if you did not get the notice in the required time is the whole process invalid? Regardless of what any council employee may say. They are not lawyers
8. list the inaccuracies in the delegates report
9. does the Kardinia Council Planning Scheme fulfill the Best practice checklist to enhance supply through land use planning for the National Guidelines for the Planning and Development of Child Care Facilities. It most likely does not.

You definitely need to understand what mediation is

From VCAT Mediations

Further down I asked Google's AI what tactics can be used in mediation

While childcare centers are vital for working families, their close proximity to residential areas can pose challenges for residents. Here's a report outlining some potential drawbacks:

Noise: Children's laughter, playtime activities, and drop-off/pick-up times can generate significant noise throughout the day. This can disrupt the peace and quiet residents expect in their homes, affecting relaxation, sleep, and work-from-home situations.

Traffic and Parking: Increased traffic flow during drop-off and pick-up times can congest streets, making it difficult for residents to enter or leave their driveways. Limited on-site parking at the childcare center can lead to parents using street parking, further reducing available parking for residents.

Safety Concerns: Increased traffic and pedestrian activity around the childcare center can raise safety concerns for residents, especially with young children.

Privacy: Depending on the design and layout, a childcare center might overlook neighboring properties, potentially impacting resident privacy.

Property Values: Some potential homebuyers might be deterred by the noise, traffic, and potential disruptions associated with a nearby childcare center, potentially affecting property values in the area.

Reduced Enjoyment of Property: The overall enjoyment of one's property can be diminished due to constant noise, limited parking, and potential safety concerns.

It's important to note:

• Severity varies: The severity of these drawbacks depends on factors like the size of the childcare center, the layout relative to residences, and existing noise levels in the area.
• Mitigation strategies: Proper planning and design considerations can significantly mitigate these concerns. For example, soundproofing measures, designated pick-up/drop-off zones, and landscaping buffers can minimize noise and safety issues.

Conclusion

While childcare centers offer a valuable service, careful consideration should be given to potential impacts on neighboring residences. Open communication with residents, exploring design solutions, and implementing mitigation strategies are crucial to ensure a positive outcome for both the childcare center and the community.

Here's a breakdown of potential legal avenues to explore in Bunyip, Victoria regarding a childcare center development next to a residential property:

1. Planning Permit Objections:

• Review the Cardinia Planning Scheme: As mentioned earlier, I cannot access the specific details, but the Cardinia Planning Scheme outlines regulations for development in the area. You can likely access it on the Victorian Planning Provisions website (https://www.planning.vic.gov.au/planning-schemes/planning-property-report).
• Look for sections related to childcare facilities and residential zones.
• If the proposed development doesn't comply with the scheme (e.g., exceeding noise limitations, inadequate parking), you can lodge an official objection with the Cardinia Shire Council.

2. Noise Concerns:

• Environmental Protection Authority (EPA) Victoria: If noise from the childcare center is a significant concern, you can contact the EPA (https://www.epa.vic.gov.au/).
• They can assess potential noise levels and provide guidance on acceptable noise limits in residential areas.
• If the development is predicted to exceed noise limitations, the EPA might intervene.

3. Traffic and Safety Issues:

• VicRoads: If increased traffic due to the childcare center poses safety risks, you can raise concerns with VicRoads, the Victorian road authority (https://www.vicroads.vic.gov.au/).
• They might conduct a traffic study and recommend measures like designated pick-up/drop-off zones or road signage to improve safety.

4. Seeking Legal Advice:

• A lawyer specializing in planning and development law can provide a more comprehensive assessment of your specific situation based on the details of the proposed childcare center and the Cardinia Planning Scheme.
• They can advise on the most effective legal avenues to pursue and represent you if necessary.

Additional Considerations:

• Community Action: Forming a group with other concerned residents can amplify your voice and increase the impact of your objections.
• Open Communication: Engaging in open communication with the developer to explore potential solutions like adjusted building design or operational practices might be beneficial.

Remember:

• This information is for general guidance only and doesn't constitute legal advice.
• Consulting a lawyer specializing in planning and development law is highly recommended to understand your legal options fully.

Unfortunately, due to limitations in accessing specific legal documents, I cannot provide real-world examples directly tied to the Cardinia Planning Scheme. However, I can offer some general legal examples of childcare facilities not complying with planning schemes:

Example 1: Exceeding Occupancy Limits

• Planning Scheme Requirement: The scheme might specify a maximum number of children allowed in a childcare facility based on factors like available space and staff-to-child ratios.
• Non-Compliance: A developer proposes a childcare center exceeding the occupancy limit, potentially compromising the quality of care and supervision for children.

Example 2: Inadequate Parking

• Planning Scheme Requirement: The scheme might mandate a certain number of parking spaces for staff, visitors, and deliveries based on the size of the facility.
• Non-Compliance: The proposed childcare center design offers insufficient on-site parking, leading to increased street parking and congestion in the residential area.

Example 3: Noise Regulations Breach

• Planning Scheme Requirement: The scheme might establish noise level limitations for childcare facilities to protect the amenity of nearby residents.
• Non-Compliance: The proposed design lacks proper soundproofing measures, potentially causing disruptive noise levels for neighboring houses beyond the allowed limits.

Example 4: Setbacks and Building Height

• Planning Scheme Requirement: The scheme might specify minimum setbacks from property lines and maximum building heights for childcare facilities in residential areas.
• Non-Compliance: The proposed childcare center design violates setback rules or exceeds the allowed building height, potentially impacting privacy and aesthetics for neighboring properties.

These are just a few examples, and the specific regulations will vary depending on the Cardinia Planning Scheme. Consulting a lawyer with expertise in planning and development law in Victoria will allow them to analyze the scheme and the proposed childcare center plans to identify potential non-compliance issues.

My, Geoff comment: as I wrote at the beginning I don't suggest you go down this route.

I can't directly recommend specific lawyers due to regulations, but I can provide you with some resources to find qualified lawyers specialising in planning and development law in Melbourne:

• Law Institute of Victoria: The Law Institute of Victoria (LIV) website allows you to search for member lawyers based on location and area of expertise. You can filter your search for “planning and development law” and Melbourne on their website (https://www.liv.asn.au/).
• Victorian Bar Association: Similar to the LIV, the Victorian Bar Association website (https://www.vicbar.com.au/) offers a searchable directory of barristers. You can filter for those specializing in “planning and development law” practicing in Melbourne.

Examples of Melbourne law firms with expertise in planning and development law:

• Based on my previous search (which cannot be displayed due to privacy restrictions), some Melbourne firms that handle planning and development law include:
• Rigby Cooke Lawyers (https://www.rigbycooke.com.au/)
• Best Hooper (https://www.besthooper.com.au/services/planning/)
• Planning & Property Partners (https://www.pppartners.com.au/)
• Tisher Liner FC Law (https://tlfc.com.au/)

Remember, these are just a few examples, and it's crucial to research and compare different law firms before making a decision. Consider factors like:

• Experience: Look for lawyers with a proven track record in handling planning and development disputes.
• Location: Choose a lawyer conveniently located for consultations.
• Fees: Get quotes from different firms to understand their fee structures.

By utilizing these resources and considering the mentioned factors, you should be able to find a qualified lawyer specializing in planning and development law to assist you in your situation.

https://www.vcat.vic.gov.au/the-vcat-process/mediations-and-compulsory-conferences/mediations

Here are some tactics you can use to get some benefit out of a mediation with the childcare center developer, even if not explicitly mentioned on the VCAT website:

Before the Mediation:

• Identify Your Goals: Clearly define what a successful outcome would look like for you. Is it a complete halt to the project, revised plans that address your concerns, or some financial compensation for potential drawbacks?
• Gather Information: Collect evidence supporting your position. This could include noise level readings near existing childcare centers, traffic data for your street, property values in similar situations, or quotes for soundproofing measures.
• Prepare Talking Points: Anticipate the developer's arguments and prepare counterpoints. Outline the specific ways the childcare center might negatively impact your property and quality of life.
• Consider Alternatives: Be open to alternative solutions. Maybe adjusted building design, designated parking areas, or specific operating hours could address your concerns.

During the Mediation:

• Be Professional and Respectful: Maintain a calm and professional demeanor throughout the mediation.
• Focus on Solutions: Present your concerns constructively and emphasize your desire to find a solution that works for both parties.
• Listen Actively: Understand the developer's perspective and identify potential areas of compromise.
• Negotiate Collaboratively: Work with the mediator to explore mutually beneficial solutions.

Examples of Potential Benefits (Beyond a Formal Agreement):

• Improved Design: The mediation could lead to modifications in the childcare center design that better address noise concerns, like soundproofing walls or adjusted building placement.
• Operational Changes: Agreed-upon operational changes might include designated pick-up/drop-off zones, limited operating hours on weekends, or noise reduction measures during outdoor playtime.

Financial Compensation: While not always an option, if the childcare center significantly impacts your property value, you might negotiate a financial settlement from the developer.

• Building Relationships: A positive mediation experience could foster open communication with the developer, leading to a more considerate approach to construction and operation of the childcare center.

Remember, a successful mediation doesn't always result in a formal agreement. Even if you don't achieve all your initial goals, you might gain valuable concessions or establish a more collaborative relationship with the developer.

Disclaimer: This information is for general guidance only and doesn't constitute legal advice. Consulting a lawyer specializing in planning and development law is highly recommended to understand your legal options fully.

Does not meet National Guidelines for the Planning and Development of Child Care Facilities by not having Boundary setback (6 metres) pg 16.

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