Marrickville 7.1 Development Control Plan

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Contents
7.1 Child Care Centres.............................................................. 1
7.1.2 Application National Quality F Compliance
Planning context ....................................................................................... 2
with
Access for children and their parents Residential zones Safety and wellbeing Aircraft noise Clustering Open space Visual and acoustic privacy
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ramework .................................................................. 2
licensing requirements .......................................... 2
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7.1 Child Care Centres

Development
7.1 Child Care Centres

7.1.1 Objectives

O1 To accommodate the demand for children’s education and care in the
land where this DCP applies, particularly where there is a geographical or aged related undersupply.
O2 To provide a range of children’s services that are safe, provide good
quality education and care, and that accommodate children with special needs and those from culturally and linguistically diverse communities.
O3 To ensure that child care centres are compatible with the context,
particularly the residential context, in terms of built form, building design and the amount of landscaped area provided.
O4 To enhance the amenity of neighbours and avoid detrimental impact
from the operation of child care centres.
O5 To ensure that child care centres have adequate, convenient and safe
parking.

7.1.2 Application

Under Inner West LEP 2022 child care centres are permitted with consent in the following zones:
• R1 - General Residential;
• R2 - Low Density Residential;
• R3 - Medium Density Residential;
• R4 - High Density Residential;
• B1 - Neighbourhood Centre;
• B2 - Local Centre;
• B4 - Mixed Use;
• B5 - Business Development;
• B7 - Business Park;
• IN2 - Light Industrial;
• RE1 Public Recreation; and
• RE2 - Private Recreation.
For the purpose of this DCP, child care centres provide education and care (whether on an occasional or long day care basis) for 0 - 6 year old children not attending a school.
This section does not apply to family day care or a home based child care (in a home that provides care for fewer than five children), or to a regular child minding service provided in connection with a recreational or commercial facility (such as a gymnasium).
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National Quality Framework

From 1 January 2012 most education and care services for children (called children's services) are regulated under the National Quality Framework. The framework provides guidelines and performance standards for the quality of education and care in child care centres, and the standards of space and design that need to be complied with under the Education and Care Services National Law 2011 and Regulation 2011. The MDCP 2011 controls are in addition to the National Quality Framework and indicate how a child care centre should fit in with the context and surrounding land uses.
Compliance
Before submitting a development application applicants are required to refer to the National Quality Framework to determine the requirements for licensing, so that these can be incorporated into the design of the child care centre. Applicants are required to lodge a statement with the development application that the proposal will comply with the Education and Care Services National Law 2011 and Regulation 2011, and the National Quality Standard.
with
licensing requirements

Planning context

Council’s strategic direction is to achieve child care centres that support the desirable physical and social characteristics of the area by:
1. Conserving the physical character where relatively intact and of good quality;
2. Maintaining the traditionally diverse population and housing mix; and
3. Ensuring new development is in context with surrounding development and has minimum adverse impact on environmental quality or residential amenity.
NB Refer to Section 2.1 (Urban Design) for principles of urban design and other
guidelines).
NB Development applications for child care centres in the R2 – Low Density
Residential Zone will be assessed in accordance with the relevant controls in Section 4.1 of this DCP relating to low density residential development and the relevant objectives and controls in Section 7.1.
NB Development applications for child care centres in the R1 – General Residential
Zone, R3 – Medium Density Residential Zone, R4 – High Density Residential Zone, RE1- Public Recreation and RE2 – Private Recreation Zone will be assessed in accordance with the relevant controls in Section 4.2 of this DCP relating to multi dwelling housing and residential flat buildings and the relevant objectives and controls in Section 7.1.
NB Development applications for child care centres in the B1 - Neighbourhood
Centre Zone, B2 - Local Centre Zone, B4 - Mixed Use Zone, B5 - Business Development Zone and B7 - Business Park Zone will be assessed in accordance with the relevant controls in Section 5 of this DCP relating to commercial and mixed use development and the relevant objectives and controls in Section 7.1.
NB Development applications for child care centres in the IN2 – Light Industrial Zone
will be assessed in accordance with the relevant controls in Section 6 of this DCP relating to industrial development and the relevant objectives and controls in Section 7.1.
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7.1 Child Care Centres
NB Minimum access requirements for child care centres are detailed in Section
2.5.10.
NB Acoustic and visual privacy requirements for child care centres are detailed in
Section 2.6.
NB Car parking requirements for child care centres are detailed in Section 2.10.
NB Where a child care centre is on the site of a heritage item or within a heritage
conservation area, the proposal will also need to comply with the relevant heritage controls contained in Part 8 of this DCP.
NB Child care centre proposals also need to comply with the relevant precinct
controls contained in Part 9 of this DCP.

Controls

Minimum requirements
C1 Child care centres in two storeys, or more, buildings must have at
least one lift access to all floors, including to any basement parking.
C2 Locate any lift adjacent to the entry (or main entry if more than one)
and adjacent to drop off area and parking that parents will use.

Access for children and their parents

C3 Locate the main entry and sign on area as close as possible to the drop
off area or parking that parents will use.

Residential zones

C4 The premises should remain residential in external appearance and
finishes and be consistent with the nearby residential streetscape and landscape.
C5 Child care centres in a residential zone will be assessed for impact on
residential amenity.
C6 Child care centres in a residential zone will only be acceptable where
adverse impacts on the amenity of residents in the neighbourhood can be are avoided or minimised to an acceptable level.
C7 Potential impacts to be considered include, but are not limited to, traffic
generation and parking demand, privacy, solar access, and noise.

Safety and wellbeing

C8 Do no locate a child care centre on a state road. C9 Lodge supporting documentation (prepared by a suitably qualified
person) with the application to demonstrate there will not be negative impact on the health and wellbeing of children and staff of the child care centre in relation to:
i. Air quality; ii. Soil quality; iii. Lead and other metals; iv. Dust, fumes and chemicals; v. Traffic; and vi. Nearby land uses (such as industrial, telecommunications, sex
services premises).
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Aircraft noise

C10 Do not locate a child care centre on that is in an ANEF contour of 25 or
greater.
C11 Where appropriate provide noise attenuation in accordance with the
Association of Australian Acoustical Consultants document Guideline for Child Care Centre Acoustic Assessment (September 2010). The following maximum noise levels are appropriate:
i. Road, Rail Traffic and Industry
a. The noise level Leq,1 hr from road, rail traffic or industry at
any location within the outdoor play or activity area during the hours when the child care centre is operating must not exceed 55 dB(A); and
b. The noise level Leq,1 hr from road, rail traffic or industry at
any location within the indoor play or sleeping areas of the child care centre during the hours when the centre is operating must not exceed 40dB(A).
ii. Aircraft
a.
The Lmax, slow within the indoor play or sleeping areas of the child care centre during the hours when the centre is operating must not exceed 50 dB(A) in accordance with AS2021.
noise level from aircraft at any location

Clustering

C12 If within 200 metres of another child care centre demonstrate:
i. The concentration will not have an adverse impact with respect to
noise, loss of privacy, traffic generation and on street parking, and
ii.
The need for additional children’s places in the location, supported by demographic and statistical analysis.

Open space

C13 Take advantage of existing site conditions, identifying both desirable and
undesirable elements, and emphasise the natural or garden environment.
C14 Ensure that the external areas are free from lead contamination. C15 Do not locate between the front alignment of the building and the street,
or in a side set back.

Visual and acoustic privacy

C16 Lodge an acoustic report (prepared by a suitably qualified acoustic
consultant) with the application that demonstrates: i. That noise from any source will not adversely impact on the
occupants of the child care centre, and
ii. That noise generated by the child care centre will not impact on
occupiers of nearby premises or land.
C17 Incorporate measures to minimise noise impacts on neighbouring
properties, such as:
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7.1 Child Care Centres
i. Orientating the facility with regard to neighbouring property
layout, including locating playgrounds and playroom windows and
doorways away from neighbouring bedrooms; ii. Using double-glazing where necessary; iii. Fencing that minimises noise transmission and loss of privacy
(such as lapped and capped timber fencing, cement block, brick).
C18 Do not increase building bulk or detrimentally affect building appearance
through use of privacy screens or other impact reduction measures.
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