HOW TO SET UP A CHILD CARE CENTRE IN MOSMAN

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1 HOW TO SET UP A CHILD CARE CENTRE IN MOSMAN Mosman Municipal Council

2 CONTENTS WHAT IS A CHILD CARE CENTRE?...3 WHERE ARE CHILD CARE CENTRES PERMISSIBLE?...3 Site Selection... 3 Size... 3 Impact on Neighbours... 4 Surrounding Landuses... 4 Safety... 4 HOW IS A DEVELOPMENT APPLICATION FOR A CHILD CARE CENTRE ASSESSED?...4 WHO CAN OPEN / OPERATE A CHILD CARE CENTRE?...5 Regulations & Licensing Process... 5 Useful Publications... 5 LODGING A DEVELOPMENT APPLICATION...5 MAKING CHANGES TO AN EXISTING CHILDCARE CENTRE...6 HOW DO I FIND OUT MORE?...6 June 2004 (updated May 2006)

3 WHAT IS A CHILD CARE CENTRE? A child care centre is defined in Mosman Local Environmental Plan (LEP) 1998 as: a building or place used for the purpose of supervising or caring for children which: (a) (b) (c) caters for six or more children under 6 years of age, whether or not those children are related to the owner or operator of the building or place, and may include an educational function, and may operate for the purpose of gain, but does not include a building or place providing residential care for those children. WHERE ARE CHILD CARE CENTRES PERMISSIBLE? Under Mosman LEP 1998 child care centres are permissible in some residential zones, all business zones, Community Uses zone and some open space zones. Specifically in the following zones: 2(a1) Residential 2(a3) Residential 2(b) Residential 2(c) Residential 2(d) Residential 2(e) Residential 3(a1) Spit Junction Town Centre 3(a2) Cremorne Business 3(a3) Mosman Junction Town Centre 3(b) Commercial/Residential 3(c) Local Business 5(a) Community Uses 6(a) Public Recreation Site Selection What should you consider in selecting an appropriate site? While child care centres are permissible across a number of zones in Mosman, not all sites are suitable. Listed below are the main criteria for finding a suitable site. Size Large enough to provide the required on-site parking as well as to provide forward vehicular access to and from the site. There should be ample room for outdoor play as well as landscaping. How to set up a child care centre in Mosman Page 3

4 Impact on Neighbours Consideration should be given to surrounding residents in terms of potential impacts on noise, traffic and parking. Surrounding Landuses Consideration should be given to the compatibility of a child care centre with surrounding land uses. Child care centres may be more appropriately located near commercial centres or schools and on roads with good access to the main transport routes and public transport. The opportunity to use community parking facilities, and on street drop off zones may be considered. Safety The location of vehicular access/parking should not result in conflict with pedestrian safety. The safe pedestrian movement of children and parents should be a priority. HOW IS A DEVELOPMENT APPLICATION FOR A CHILD CARE CENTRE ASSESSED? Child care centres require development consent in Mosman which means a development application needs to be lodged with Council. Council assesses the application under the provisions of the Environmental Planning & Assessment Act, in particular, it considers: Whether child care centres are permissible in the zone The suitability of the site, including, among other things, if the site is bushfire prone Any environmental impacts eg noise, traffic, parking. Parking requirements would be assessed on the merits of the application taking into account: Current on-street parking restrictions Surrounding land uses Size of the centre Number of staff On street parking availability Safety If there are any alterations or additions proposed to the building then assessment would include impact of the proposal on the streetscape, privacy, overshadowing of neighbours etc. Council approval is independent of any approvals from other authorities that may be required. You need to apply to the Department of Community Services for a licence and comply with the NSW Children and Young Persons (Care & Protection) Act 1998 and the Children s Services Regulation The table below lists the different controls and the relevant sections that apply. Control Relevant Sections Statutory Weight Mosman Local Environmental Plan 1998 Specifies where a child care centre is permissible Building Code of Australia. Potentially all sections of the BCA could apply, with those relating to Fire Safety, How to set up a child care centre in Mosman Page 4

5 Control Relevant Sections Statutory Weight Access & Egress, requirements regarding number of persons accommodated and Health & amenity requirements particularly relevant. Food Act, 1989, and Food Safety Standards Applies to food preparation areas. RTA Guide to Traffic Number of carparking Guideline only Generating Developments NSW Children s Services Regulation 2004 under the Children and Young Persons (Care and Protection) Act 1998 spaces, circulation etc License required WHO CAN OPEN / OPERATE A CHILD CARE CENTRE? The NSW Department of Community Services (DoCS) licenses and monitors child care centres in NSW. DoCS has published comprehensive information on the the process of establishing new child care centres and their regulation. These are: Children s Services Regulation 2004 This regulation includes legal requirements, licensing standards, child numbers and staffing standards for children s services, including child care centres, in NSW. Guide to Children s Services Licencing This on-line guide provides a user-friendly guide to the legislative requirements and DoCS licencing processes under the Children s Services Regulation Working with Children Check These resources are available on-line from the Department s website at or the NSW Government Bookshop on The following publications should also be consulted and are available for sale through the NSW Government Bookshop on Best Practice Guidelines in Early Childhood Physical Environments Furniture and Play Equipment Checklist for Child Care Centres. LODGING A DEVELOPMENT APPLICATION Before submitting a development application you are encouraged to obtain pre-da advice from Council before proceeding too far with your proposal. Mosman Residential Development Control Plan (DCP) and Business Centres DCP detail all general information required when lodging a development application (DA). How to set up a child care centre in Mosman Page 5

6 MAKING CHANGES TO AN EXISTING CHILDCARE CENTRE To modify an already approved centre (eg. to increase numbers) an application to modify the original development consent must be made to Council. This follows a similar process to that of lodging development application. The proposal must still meet the same legislative requirements as outlined in the above table. HOW DO I FIND OUT MORE? Contact Linda Kelly Manager Planning & Transport on or Dianne Page, Social Planner on Information is also available on Council s website How to set up a child care centre in Mosman Page 6