Development Application Archives

July 26, 2024November 19, 2024

Child Care Centres – Comprehensive guide to locating the ideal site

Selecting the ideal location for a childcare centre is a crucial step in ensuring the success and functionality of your facility. In this article, we’ll explore key factors to consider when evaluating potential sites for your proposed childcare centre.

Site Dimensions

Preferred Width:

A site width >18m is considered the ideal starting width for a childcare centre. However, it’s essential to note that a smaller width can still be feasible but may limit the number of children your centre can accommodate effectively. This is because effective car parking design is compromised with site widths <18m.

Corner blocks are favourable, as their excessive street frontage allows the Centre to be designed to mitigate vehicular conflict with pedestrians and improve the functionality of the centre.

Site Area:

The childcare centre regulation requires 3.25sqm of internal unencumbered space per child and 7sqm of external unencumbered space per child. This equates to a little over 10sqm per child that can only be added after the building line. Consideration also needs to be made for areas that fall outside of these calculations for unencumbered play space areas like kitchens, staff rooms, toilets, storage rooms, wall thicknesses, ramps, etc. Assuming 15sqm per child on average (behind the building line) is generally a good starting point for initial estimation purposes. Most operators don’t find sites to be feasible when the land size is less than 700sqm with ideal sites being upwards of 1000sqm.

Sewer/ Underground Assets and Drainage

Basement Considerations:

If you are considering a childcare centre with a basement- ensure that there are no sewers (or underground services/assets) that may interfere with the basement footprint, or this will impact parking availability and basement design.

Sewer Diversion:

If a sewer is within the site and needs to be changed to provide a larger footprint, consider proposing a sewer diversion. This involves rerouting the existing sewer to accommodate the planned layout, ensuring a seamless integration of the childcare centre with the existing infrastructure. The cost of this is expensive and early discussions with your Water Services Coordinator (WSC) are encouraged.

Slope

Ensure that the site slopes towards the street. A gentle slope towards the road can be advantageous for drainage purposes, allowing water to naturally drain towards the street. This natural drainage design helps in preventing water accumulation and enhances the overall resilience of the childcare centre against potential water-related issues. Childcare centres need to be designed for disabled access. Steep sites are challenging as they add ramps for disabled access, which takes away from the functionality of the site and impacts child numbers. Sites with a slight slope towards the street are generally the best.

Additional Consideration:

If the site falls to the rear, it is advisable to consult with a qualified stormwater engineer for their input. In such cases, purchasing an easement from the downstream neighbour might be necessary for drainage purposes. Seeking professional advice ensures that potential drainage issues are addressed effectively, preventing complications and enhancing the overall functionality of the childcare centre.

Local Council and Regulations

Identify the council in which the site is located and familiarise yourself with their regulations regarding childcare centres. Different councils may have specific zoning requirements, safety standards, and guidelines that need to be adhered to that sit above the general guidelines.

Traffic

Adequate planning for traffic considerations is essential to ensure a smooth drop-off and pick-up process for parents and staff. Examine the accessibility of the location and potential traffic congestion during peak hours.

Road Considerations:

Be aware that some councils do not permit childcare centres on cul-de-sac roads. Additionally, traffic engineers may discourage childcare centres on such roads due to concerns about traffic flow and safety.
Ideally, avoid locating the childcare centre on a classified road as it may present issues related to traffic and the safety of children. Understanding the road classification and its potential impact on traffic management is crucial for creating a secure and efficient environment for your childcare centre. You can check if a road is classified using this link- https://maps.transport.nsw.gov.au/egeomaps/road-network-classification/index.html

Parking Facilities:

Determine the number of parking spaces available on the site. Sufficient parking is crucial for accommodating vehicles and contributing to the overall traffic management plan. Additionally, check if there are any specific requirements or restrictions regarding parking set by the local council.

Noise

Most people are concerned about noise generated from the Centre but noise from aircraft, main roads, etc can impact the ability for a child to learn and as such is an important consideration. If you have located a site where noise could be a problem, early discussions with an acoustic engineer may be vital. Another consideration is residential neighbours and how noise impacts them, especially if they are greater than one (1) storey in height and adjacent to any proposed outdoor play space.

Trees

Ensure that the site does not have critical trees, especially those that might pose a danger to children (eg trees that produce berries and nuts). Trees, while providing natural beauty, can also have implications for the safety and footprint of your childcare centre.

Arborist Assessment:

If there are existing trees on the site, it is imperative to consult with a qualified arborist for their expert opinion. An arborist can provide insights into the health, stability, and potential risks associated with the trees. This assessment is essential to determine if any trees need to be removed, or relocated, or if specific safety measures are required.

Footprint Considerations:

Keep in mind that trees may affect the footprint of your building. Understanding the potential impact of existing trees on the layout and design of your childcare centre is crucial for effective planning and utilisation of the available space.

Flooding

Flood-prone sites, especially those categorised as high risk, pose significant safety concerns for childcare centres. It’s essential to note that if a site is considered a high flood risk area, establishing a childcare centre may not be permissible due to its classification as a ‘sensitive use’.

Flood Risk Evaluation:

If a potential site is identified as a high flood risk area, it is crucial to recognise the restrictions associated with establishing sensitive uses, such as childcare centres, in such locations. Safety concerns related to flooding in high-risk areas can have severe implications for the well-being of children and the overall functionality of the facility. However, if the site is categorised as a low-risk flood area, it may be feasible to propose a childcare centre with appropriate safety measures in place. A stormwater/flood engineer can confirm this.

Obtaining Flood Information:

You can obtain flood information by referring to planning certificates S10.7(2)+(5) available from the local council. These certificates provide essential details about the flood risk associated with the site, allowing you to make informed decisions regarding its suitability for a childcare centre.

9 . Soil

Previous commercial or industrial uses could trigger off land/soil remediation and this could be quite an expensive exercise. Ideally, sites with existing residential uses are your safest bet. If your land has been identified as being contaminated, the Section 10.7 planning certificate from your local council could identify this.

Conclusion

Selecting the perfect site for your childcare centre involves careful consideration of various factors, from the physical characteristics of the land to compliance with local regulations. By thoroughly evaluating the site area, width, sewers, slope, council jurisdiction, trees, flood risk, and parking facilities, while keeping in mind the space requirements per child and potential considerations for a basement, you can make an informed decision that sets the foundation for a successful and thriving childcare centre. Once you feel that you have located the ideal site, feel free to reach out to ES Planning before you commit to the purchase, as they can assist with a more thorough check and guide you further.

Some useful links:

State Environmental Planning Policy (Transport and Infrastructure) 2021- https://legislation.nsw.gov.au/view/html/inforce/current/epi-2021-0732#ch.3-pt.3.3

Education and Care Services National Regulations- https://legislation.nsw.gov.au/view/html/inforce/current/sl-2011-0653

September 12, 2023September 26, 2023

Building without Council Approval: An Overview

When it comes to construction projects, adhering to legal regulations is paramount.

However, there are certain circumstances in New South Wales (NSW), Australia, where you may be able to build without the need for council approval. This falls under what is known as “exempt development” or “complying development.” These terms refer to specific types of minor construction or renovation work that meet predetermined criteria outlined in the State Environmental Planning Policy (SEPP) for Exempt and Complying Development.

Exempt Development: Exempt development refers to small-scale construction projects that have minimal impact and are deemed to have low risk to the environment and the community. These projects are exempt from requiring council approval. However, even for exempt development, there are specific standards and limitations that need to be followed.
Complying Development: Complying development is a streamlined approval process that allows certain types of developments to be approved by a private certifier or the local council without needing a full development application. This process is faster than the traditional development application process.

It’s important to note that while exempt and complying development processes offer more flexibility and a quicker pathway for approval, there are still rules and criteria that must be met. These criteria cover factors such as the size of the project, setback requirements, and impacts on neighbours and the environment.

10 Types of Buildings without Council Approval

In New South Wales (NSW), Australia, certain types of buildings and structures might be allowed without the need for council approval, depending on size, purpose, and other factors. It’s important to note that even for these types of buildings, some limitations and criteria must be met.

Here are 10 examples of buildings that might be constructed without council approval in NSW under specific conditions:

Garden Sheds: Small garden sheds often fall under exempt development, provided they meet size and height limitations.
Carports: Simple carports that meet the size, height, and setback requirements may be considered complying development.
Detached Garages: Similar to carports, detached garages that adhere to specific criteria may be allowed without full council approval.
Decks and Patios: Some decks and patios within certain size limits and meeting setback requirements could be considered complying with development.
Fences: Certain fences, like front fences and boundary fences, may be allowed without a formal development application as long as they meet height and design standards.
Pergolas: Basic pergolas that satisfy size, height, and setback guidelines might fall under complying development.
Minor Home Additions: Small-scale home additions like new windows or doors might be considered exempt development, provided they don’t alter the building’s structural integrity.
Solar Panels: Installing solar panels on a residential roof may be considered exempt development if they meet specific conditions.
Rainwater Tanks: Rainwater tanks installed in specific locations and within certain size limits might be considered exempt development.
Home Renovations: Some minor renovations and alterations to existing buildings could be considered complying with development if they meet predefined criteria.

On the flip side, it is a common question for Council duty planners to hear the sentence, “I didn’t know I needed approval to build that…”. Generally, as a rule of thumb, if one removes any walls, windows and doors and does not replace them with precisely the exact dimensions, then one needs development approval.

One can do minor works such as bathroom and kitchen renovations (as long as original plumbing fixtures are still in place or install any new plumbing), change flooring, change colours, and replace broken or deteriorated parts of the house, but generally, any significant changes will need either a development application or a complying development certificate.

However, what’s important here is to consult with your local council or a planning professional before proceeding with any construction to ensure you comply with the relevant rules and regulations.

Before taking on any construction works, especially when in doubt regarding council approval/s in NSW, consulting with a planning professional can be beneficial in the following ways:

Expert advice and local knowledge can assist with specific requirements saving you time and unnecessary challenges throughout the process
Mitigate any risk of potential fines, legal issues, or even the modification of your construction thanks to proper insight and knowledge
Optimal design planning so you can get the most out of your construction
While consulting a planning professional incurs a cost, it can potentially save you money in the long run by avoiding mistakes, delays, or costly changes due to non-compliance

At ES, a multi-award-winning building design company with over 25 years of experience and professional expertise, we can guide you through the approval process and help you make informed decisions.

Remember that regulations and requirements can be complex and vary from place to place. Even if a project seems straightforward, local circumstances and regulations may impact its approval. Consulting one of our skilled team ensures that you have accurate and up-to-date guidance throughout the construction process, ultimately leading to a smoother and more successful project.

September 27, 2022July 18, 2023

A simple guide to Development Applications for Sydneysiders

If you want to extend and renovate your home, build a dual occupancy, or develop a property, you will most likely need development approval from your local council. Unfortunately, the process of applying for development approval can be time-consuming and confusing.

To save time and make the process easier for you, we have put together a brief guide to developing applications in Sydney.

What is a Development Application?

A Development Application or DA is a formal application for property development made to the local council. If the development or proposed building works require consent, you will need to submit an application and get council approval before any work begins. Typically developments that require consent include:

Erecting new buildings or altering existing buildings
Swimming pools
Demolishing a building
Altering, demolishing or renovating any heritage building
Changing the use of any building or land (i.e., residential to commercial)
Subdividing land or strata subdividing a building
Erecting any commercial or industrial building
Carrying out earthworks

Not all development needs a DA; smaller projects such as retaining walls, fences, carports, unroofed decks and patios often do not.

Upon lodgement of the DA, the council will assess the application to determine the impact your development may have on the environment, whether it is likely to cause privacy impacts on neighbours and whether your renovation or development plans comply with building requirements in the residing area.

How much do Development Applications cost in Sydney?

Unfortunately, Development Applications come at a cost. Council fees alone can add up to several thousand dollars, excluding all the costs associated with creating designs, architectural drawings, town planning, consultant reports and all other documentation required.

With that in mind, it is always best that an application is prepared correctly with all supporting documentation necessary to ensure that costs are kept to a minimum.

What’s included in a Development Application?

A Development Application will need to include extensive documentation and information concerning plans for the proposed development. This should include a detailed description of the development plans, details of the land’s title, estimated costs, a list of any approvals required to develop the land and more.

The application will also need to be sent with extensive documentation, including a statement of environmental effects document prepared by a qualified town planner, a BASIX certificate, documents describing the arrangement of utility services (such as stormwater) and much more.

Unfortunately, every Development Application is different, so you may need to submit additional information, depending on your land’s location and the nature of your development.

How can I make submitting a Development Application easier?

Submitting a Development Application can be long and arduous unless you have expert help. The team at ES Design specialise in streamlining DAs for our clients, armed with a clear understanding of local and state legislation and decades of experience.

We’ll liaise with the council for you to understand precisely what is required, then work with you to create and organise all necessary documentation – and finally submit a completed application. Want to get started? Enquire with ES Design today.