Will parents really drive into floodwater to pick up their kids?
That's the assumption councils are making — and it's been the basis for a wave of development refusals on flood-affected land.
Childcare centres, in particular, have been caught in the crossfire. The concern: panicked parents will ignore flood warnings, jump in their cars, and drive through inundated streets to collect their children.
A recent Land and Environment Court decision has pushed back — hard.
The commissioner found it is not reasonable to refuse a development proposal on the assumption that adults will become "hysterical." The court expected evidence, not assumptions.
Critically, the decision recognised that risk can be designed out of a project from the start. The commissioner pointed to two key mitigations:
1. Automated SMS alerts notifying parents where to collect children during a flood event
2. Alternative vehicle access that remains open above flood level at all times of operation
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💡 THE TAKEAWAY FOR YOUR NEXT PROJECT
If you're working on a childcare centre — or any sensitive use — on flood-affected land, build the emergency response into the design early. Don't wait for it to become a refusal ground at assessment.
Three design features worth considering from the outset:
• Alternative vehicle access above flood level
• Automated SMS alert systems for parents/guardians
• Shelter-in-place capacity sized for the flood duration
Proactive design beats reactive justification every time.
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Dealing with a flood-related refusal on a childcare or similar project? I'd love to hear about it.