Step 5: Planning pathways
Before reaching this step, stakeholders should have:
This step involves the development application being submitted (by the developer) and assessed (typically by local council or another consent authority as appropriate). This section will include the key instruments related to long day care.
However, for some types of centre-based ECEC, there are streamlined pathways that may be appropriate. These are set out in Chapter 3 of the Transport & Infrastructure SEPP allows for faster approvals.
Journey map
Further resources
What guides are available to explain the planning pathways?
Local Environmental Plan Making Guideline – for rezoning or planning proposals
Does a mixed use development with ECEC require a planning proposal or development application?
The planning framework in NSW provides different land uses to enable child care facilities. The Local Environmental Plan of each local council refers to these uses as the following:
- Centre-based child care facility
- Early education and care facility
- Home-based child care
- School-based child
In most cases, centre based facilities are permitted in ‘mixed-use’ developments and will be subject to the same planning controls (ie. building height, floor space ratios) as that for a commercial building.
Is a development application always required for ECEC or are there faster approval pathways?
A centre-based child care facility (which includes long day care, the focus of this toolkit) usually requires a development application even if it is already permissible in the zone.
However, Chapter 3 of the Transport & Infrastructure SEPP allows for faster approvals without development applications to the local council. For example:
Temporary emergency relocation of early education and ECEC facilities through the exempt development pathway.
Out-of-school hours care provided on an existing TAFE or university site through the complying development pathway.
Preschool for no more than 50 children on an existing or approved school site.
Proposals being considered, engagement with an independent Town Planning specialist is highly recommended.
Case Study: 40 Molonglo Crescent, Dubbo
Stage 1 concept plan for a health services facility with complementary services (D2023-140). It was approved with a deferred commencement for a Detailed Site Investigation to determine the presence of contamination and that the various uses would be suitable.
Zone: B5 Business Development (now E3 Productivity Support)
Benefits: This mixed use development brings together supporting uses such as a medical centre, day hospital, child care, office premises, respite day care, seniors housing and retail. They enable ease of access for users and activate the area at the same time.
Challenges: The existing zone included light industrial uses which may conflict with the more sensitive uses such as child care. There was also a need to undertake further assessment for contamination whose findings were not yet confirmed.
Mitigation:
- Zoning restrictions: For broader health facilities services, this site was zoned B5 Business Development (now E3 Productivity Support). This enabled uses such as centre-based child care facility.
- Land use conflict: The site layout locates the child care centre and respite day care facilities close to the nearby school playground to create a buffer from the nearby warehouse.
- Potential environmental constraints: A condition of the notice of determination is to complete a Detailed Site Investigation demonstrating the site is suitable (under the State Environmental Planning Policy (Resilience and Hazards) 2021). A Preliminary Site Investigation can be provided to support the latter stages of the proposed development (which would include the child care centre). The land is not bushfire prone and is not located within the flood planning area.
Please go to our next page: Step 6: Construction / Repurposing