A house at 4 Kearneys Drive will be demolished and replaced with a centre catering for 72 children after the Land and Environment Court upheld an appeal by developers Nile Street Pty Ltd ATF The Kearneys Drive Trust on April 19.

In her ruling, Commissioner Elizabeth Espinoza gave consent for the project subject to a number of conditions.

In June last year, Orange City councillors refused an amended development application for a one-story 52-place centre, siding with residents who raised concerns about increased noise and traffic and the over-development of the site and its impact on the street.

The councillors in office at the time unanimously backed residents' objections, despite council staff recommending approving the development application, after it was amended from 61 to 52 placements.

The June refusal landed the matter in the Land and Environmental Court and the failure of a conciliation meeting in October led to a court hearing being set down for March.

In the meantime, the developer was given permission to submit amended plans to the LEC, which increased the number of placements at the centre by 20 and added basement parking for 18 cars, which have now been approved.

As part of its consent, the LEC ruling placed heavy restrictions on the use of the outdoor play area in regards to noise.

Acoustic fencing will be installed around the outdoor play area and noise absorbing material placed on the underside of the awning roof and fencing.

Noise levels from the outdoor play area, which can only be used between 8.30am and 4.30pm, will be controlled with no music to be be played in outdoor areas at any time and crying children to be comforted immediately and taken inside if they continue to cry.

During outdoor play, all external doors leading to the outdoor play area must be kept closed while all windows are to remain closed during the centre's hours of operation.

In addition, the surrounding fencing must be sealed acoustically and any damage or gaps immediately repaired.

An acoustic report must also be completed three months after opening to ensure noise compliance.

The centres hours of operation will be between 7am and 6pm Monday to Friday during which time all activities associated with the running of the centre must be carried out.

Garbage bins must be stored onsite and not placed on Kearneys Drive for collection. Bin cleaning must be carried out in the storage room with the door closed.

In giving consent, Commissioner Espinoza said protection must be given to adjoining properties during the construction phase including underpinning if necessary.

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