Ever since the NSW Government released its State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 (SEPP), the Australian Childcare Alliance (ACA) NSW warned since 2017 that this SEPP would contribute toward childcare oversupply.

For the last 3 years, ACA NSW had engaged with the NSW Minister for Planning as well as many local councils highlighting that:

1. the SEPP significantly restricted the range of powers of local councils to determine whether proposed new early childhood education and care (ECEC)/childcare services were appropriate in their chosen sites;
2. the SEPP removed local councils’ ability to consider whether the proposed sizes of the new ECEC/childcare services were appropriate related to the local community;
3. the SEPP removed local councils’ abilities to ensure suitable distances between the proposed new ECEC/childcare services and those existing for the purposes of traffic, safety and amenity for the local community;
4. the SEPP no longer allowed local councils to consider the safety and logistical implications for children and staff in the event of emergencies and evacuations due to the site location, the number of children being cared for, which floor they were to operate on if in a multi-storey building, and where could they safely evacuate to;
5. the SEPP removed local councils’ abilities to effectively regulate family daycare services in Medium/High Density Residential Zones (eg R3 & R4); and
6. the SEPP effectively increased the number of childcare services without any benefits (for example the lowering childcare fees).

The NSW Department of Planning’s review thus far of the SEPP has proposed the following amendments through its Explanation of Intended Effects document:

1. the introduction of minimum separation between the proposed and existing childcare centres in Low Density Residential zone (R2) of 200 metres [Ref: Page 7].
2. the alignment to the recent amendment to the National Construction Code regarding egress from early childhood education centres for the purposes of fire safety provisions for multi-storey child care centres and centres in multi-storey buildings [Ref: Page 15].
3. the new requirements on local councils to consider the local character, streetscape and the public domain when considering proposed new ECEC centres [Ref: Page 16].
4. the new requirements on local councils to consider site suitability for the proposed/new centre-based child care facilities [Ref: Page 16].
5. the new requirements on local councils to consider site suitability in terms of amenity impacts in low density residential areas [Ref: Page 17].
6. the amendment to solar access minimum standards to have a minimum of 2 hours of solar access between 8 am and 4 pm in winter (March 21 to September 21) [Ref: Page 18].
7. the amendment to solar access minimum standards to have a minimum of 2.1 m² of outdoor space per child [Ref: Page 18].
8. the amendment to “if the outdoor space is being fenced internally, then the fence must be at least 1.2 m high” [Ref: Page 18].

ACA NSW’s initial concerns are as follows:

1. the minimum separation of 200 metres between the proposed and existing centres may not be adequate enough;
2. there will continue to be no allowance for local councils to consider the consequences of (larger) numbers of children (eg over 100 children) at proposed services in the context of the local community, especially where these children can be safely and quickly evacuated to within a Low Density Residential zone (R2) in the event of an emergency and their statutorily required practices of evacuations every 3 months;
3. how will the SEPP anticipate future planned amendments of the National Construction Code (for example the new definition on building complexity) and/or specific future Performance Solution(s) by the NSW Department of Education in relation to how the emergency and evacuation infrastructure will be constructed for ECEC services in multi-storey buildings, not to mention the increased safety concerns of evacuating children while using shared emergency infrastructure within the same multi-storey building with other building occupants especially during panic situations;
4. there may need to be further considerations by local councils about the health and well-being of children in future ECEC services proposed in industrial zones;
5. there may be confusion about the interpretation and implementation of solar access standards for services simulating outdoor spaces within multi-storey buildings; and
6. there may be confusion about the interpretation and implementation of solar access standards for services in light of local councils' pre-existing tree preservation policies.

The NSW Department of Planning is welcoming feedback via its webpage and submission portal until 17 December 2020.

Members are encouraged to contact the ACA NSW office on 1300 556 330 or nsw@childcarealliance.org.au to share their feedback/concerns or to seek any further information/clarification.

PUBLISHED: 24 NOVEMBER 2020