6.3.1 Child Care Facility (Child Care Centres)


Centre Based Child Care Facilities are managed under the State Environmental Planning Policy (Transport and Infrastructure) 2021 the Child Care Planning Guideline, the CLEP 2010 and the below controls.

The definition of a child care facility is stated in the State Environmental Planning Policy (Transport and Infrastructure) 2021.  It is strongly recommended that applicants arrange a pre-DA meeting with Council prior to submitting a development application to ensure that all prerequisite documentation has been prepared.

Regulatory Authority means the Regulatory Authority for New South Wales under the Children (Education and Care Services) National Law (NSW) (as declared by section 9 of the Children (Education and Care Services National Law Application) Act 2010).


  1. Ensure child care centres are compatible with neighbouring land uses and are appropriately integrated into existing or new residential environments;
  2. Ensure child care centres are well designed with a high standard of outdoor play areas, landscaping and are integrated in appropriate locations to meet community needs;
  3. Minimise adverse impacts on the environment and amenity of residential areas and other land uses. In particular, noise and traffic generation from the development and operation of child care centres; and
  4. To ensure the location and design of waste storage facilities, and the on-going management of waste associated with the centre, minimises undue impacts on amenity (e.g. visually, by emission of odour, or causing noise nuisance).


If a development application does not meet the minimum indoor or outdoor space requirements of the Education and Care Services National Regulations, Council must, within 7 days of receiving the development application forward a copy to the Regulatory Authority and notify them in writing of the basis on which the Authority’s concurrence is required and of the date it received the development application.

Council must forward a copy of its determination of the development application to the Regulatory Authority within 7 days after making the determination.


Setbacks in Residential zones

Table 6-3: Setbacks for Child Care Facilities

Front setback (min)

Consistent with the existing character

Secondary street setback (min)


Side setback (min)


Side setback to access doors from children’s internal space (min)


Rear setback (min)

4m ground floor and 8m second floor


Access and Car parking

  1. The car parking requirements are to comply with the controls set out in this DCP.
  2. All required car parking must be provided off-street.

Hours of Operation

  1. Council may consider longer hours of operation including Saturday mornings if it can be demonstrated that no adverse impact on neighbouring properties will result from an earlier starting and/or a later closing time.

Dual Use of the Centre (in association with a dwelling)

  1. Any dwelling component must have separate access at the front. No entry is permitted by way of access through any part of the child care centre.
  2. Separate toilet, laundry and kitchen facilities must be provided for each use.
  3. Children in care must not be able to access any part of the dwelling and its private open space area.
  4. A separate outdoor principal private open space area must be provided for the dwelling in accordance with this DCP.
  5. The provision of parking spaces for the residents must be in addition to the parking requirements of the child care centre.

Kitchen fit-out

  1. If the child care centre requires a commercial kitchen, it must be demonstrated, that the kitchen has been designed to comply with the Food Act and Regulations incorporating the Food Standards Code and Council’s Food Premises Code.

On-site Sewage Management

  1. Where a child care centre is proposed in an unsewered area, a commercial on-site sewage management facility will be required to be installed. Council will not approve the child care centre unless it can be demonstrated to the satisfaction of Council that effluent will be disposed of in an appropriate manner.
  2. An application under section 68 of the Local Government Act is to be submitted to Council and approved, prior to approval of the development application for the Childcare Centre. The application must be in accordance with Council’s Sewage Management Strategy.
  3. Sewage systems and the disposal area will be required to be fenced, to ensure that they are childproof and to limit exposure (physical contact).

Waste Management

  1. A waste management plan is to be submitted for the proposed demolition, construction and ongoing use of the child care centre,
  2. Adequate provision must be made for the storage and collection of all waste receptacles.
  3. The waste and recycling storage area must be designed to be visually and physically integrated into the design of the development, and not stored within the front setback to avoid visual clutter. Waste facilities are not to be sited within the areas required for car parking, vehicular and pedestrian access, landscaping and outdoor play areas.
  4. In cases where the waste storage area is likely to be visible from the street, design elements such as fencing, landscaping and roof treatments may be used to screen the waste and recycling storage area so as not to detract from the aesthetics of the streetscape.
  5. Consideration is to be given to frequency and times of collection to minimise impacts of waste vehicle noise on neighbouring properties.

Water Supply

  1. A child care centre must have access to a potable water supply.


  1. Any signage must comply with Part 2.15 of this DCP.