Future residents of Eagle View Estate on the outskirts of Tamworth say they feel 'duped' by developers, who they say did not disclose the proposed construction of a childcare facility right next door to them.
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Only three homeowners were informed about the development by Tamworth Regional Council (TRC), while others say they found out through the Leader or by word of mouth.
The zoning means the developers are legally allowed to build a childcare facility in a residential area.
However, residents say they felt "deceived" by the MAAS Properties Group, which had not disclosed a commercial build in a residential area.
"Is it legal, yes. Is it morally right? I don't think so," said Kylie Milne, who lives across the road.
"Ideally, we would like the developer to consider the position and what has been done."
Dream home to nightmare situation
The Sommers family are ten weeks out from moving into their dream family home.
But they did not expect a childcare centre to be over the fence.
Anna Sommers told the Leader they felt "blindsided" and if they had known from the start about the proposed new facility, they would have considered other blocks to purchase, or even rejigged their building plans.
"We feel duped and fleeced," she said.
"The estate was a seller for us as it was described to be spacious private blocks, breathtaking view of Moore Creek, country lifestyle, but still within the convenient distance of central Tamworth.
"The contracts for our land purchase also stipulated to be no businesses to be run out the blocks as it was classed as residential."
Mrs Sommers said they are not against childcare centres - as she has a five-week old baby herself and knows how hard it is to secure childcare in the area.
"We aren't opposed to the childcare facility being in further stages of the estate, potentially on it's own," she said.
After learning about the proposed development, the residents contacted their real estate agents, who told them they also knew nothing about it.
"Our real estate agent didn't know about it. I would say, they were embarrassed and disappointed, because their name is attached to the sale," Mrs Milne said.
"When we dug a bit further, we found out they were meeting with the developer, as it was not disclosed to them either."
The residents' concerns include the frequency of non-residential traffic both in and out of the estate, mainly during peak drop off and pick-up times; increased noise; light pollution created by the proposed facility and carpark; the lack of privacy for adjoining and adjacent properties; and the negative impact on property values and appeal to potential future buyers.
Dividing the future sub-division community
Currently, stage one of the Eagle View Estate masterplan does not include a designated commercial area.
Residents said to date they have not been able to directly contact the developer.
Instead, an automated email response asks them to submit their objections to Tamworth Regional Council.
The Leader contacted MAAS properties, but we were told they could not comment at this time.
Mrs Milne said a number of residents have already lodged their objections with TRC.
Mayor Russell Webb and councillor Mark Rodda have also spoken with residents.
Cr Webb said due to the number of objections to the DA, the development would be brought to the next elected council, as the current council heads into 'caretaker mode'.
"The DA is currently sitting with staff for consideration," he said.
Cr Rodda said he "felt" for the residents, and believed the developers should have disclosed the project.
"As a company new to town, I thought they would have like to build positive relationships with people, to give them a good name," he said.
"They are not off to a good start."