Development Application for a Childcare Centre in NSW: A Guide

This case study examines the legal requirements for a childcare centre development application in New South Wales, focusing on a scenario involving Col Packard and the Ku-ring-gai Council. It addresses whether a development application is required, referencing the Environmental Planning and Assessment Act (EPA Act) and relevant NSW law. The case study outlines necessary documents, the assessment process, and potential outcomes, including approvals, refusals, and conditional approvals. It also considers the Minister of Planning and Housing's potential interference and the steps required before construction can commence, including obtaining development consent. Furthermore, it explores the legal aspects of occupancy certificates and existing use rights, particularly in relation to a childcare centre previously operating on a site. The analysis considers the implications of zoning changes and provides guidance on actions a landowner can take to avoid the need for a new development application, referencing the Children Act 2010. The study emphasizes ethical considerations and references relevant legislation and legal authorities.

Childcare centre

Is a development application in fact
required?
•Ye, the development application is
ethically required. In case of the
client, Col Packard, the submission
of the development application is
very important before starting the
construction of the new childcare
centre.
•The intended plot for the childcare
centre is presently being used for
residential purposes and it shall be
according to the NSW Law(Studdert
& Glanville, 2017).

Cont…
(This should be the first slide)The Col Packard
company intends to build a two-storey building
with the childcare centre on a block of 1500 sqm.

What documents do you need to refer
for environmental planning instruments?
The following documents are required to submit the development
application successfully:
• Completely filled development application
• Development application fees according to the ethically
prescribed fees in schedule 6 of the development regulations of
1991.
• One copy of the insurance papers of the building
• One copy of the construction industry training levy payment form
• Floor plan
• Proper drawings of the building

What happens after the development application is lodged and when
will the development consent begin, if it is granted?
• As per the ethical considerations of the section 4.53 of the
EPA act, it takes around 20 days for the assessment process to
complete after the submission of the development application
form.
• In case of redeemed refusal after 40 days from the date of
lodging, all the ethical representative documents of the plan
are required to be ruled as received by the office.
• After receiving the form, the assessment of the form is done
based on three tracks, such as whether it is on code track,
merit track or impact track.

Final decision making
process
The final decisions are taken based on the tracks of the form.
• The decision making process is quite complex and mainly
three types of decisions are expected:
• Approval of the plan
• Refusal of the plan
• Approve the developmental plan based on several
conditions or changes

Interference from the Ministry of
Planning and housing, New South Wales
• In case the developmental
plan is on a larger scale or
tends to have an impact of
the living populations
around the developmental
site according to the Land
Acquisition Act (1991) , the
Minister may interfere.

Cont…
The Minister’s interference can be expected
during:
• When the developmental plan raises a ethical
policy issue
• When the developmental plan has a significant
impact on the internal territory of the area
• When there is a question of public benefit from
the approval or the dismissal of the plan.

Will Col Packard be able to immediately
commence work on the site once they
have obtained development consent?
• As per the section 6 of the EPA act, legal
authority of the decision-making is supposed on
the decision-making committee, the applicant,
Col Packard shall receive an automated email
from the Ku-ring-Gai committee which shall
include a link to the notice of the final decision.

Cont…
After the ethical approval from the Ku-ring-gai
committee, the documents can be stated as
legal and valid. Henceforth, the construction
process may be forwarded.

Once the childcare centre is constructed, will Col
Packard be able to immediately move in, or are there
other certificates or approvals required?
• No, they are not allowed to
occupy or use the building
for any purpose after the
completion of the building.
• As per the section 6.9 of the
EPA act, the legal validation
of occupancy certificate is
required

A childcare centre previously operated on a
site in 1995 for 17 years and then the lot
reverted to residential use in 2012. In 2010,
childcare centers became prohibited
development and then in 2015, they required
development consent again. Could the client
rely on an existing use right?
Yes, the client can rely on the existing licensing process to
establish the childcare centre. In the year 2015, the childcare
centre homes were required to renew their development
consents as there were several new changes in the plans of
the buildings (Azhari et al., 2015).

If the land owner wanted to ensure that
a new development application to
operate a childcare centre was not
required, what would you advise the
land owner to do?
The land owner can be suggested
to be concerned on the ethical
perspectives of section 17A,
section 29, section 31of the
Children Act (2010) in case of
any inconvenience or he can
afford the help of any legal
authorities and any lawyer
regarding the matter(Wright,
2018)
.

References
• Wright, S. K. (2018). Re-examining the Approach to Alternative Sentencing
Orders in New South Wales Pollution Law.
• Studdert, J., & Glanville, K. (2017). Proposed NSW planning reforms
promise'simpler, faster planning'. Australian Environmental Law
Digest, 4(1), 6.