Development Control Plan No.26

Development Control Plan No.26

for

Child Care Centres

Hunter’s Hill

Date of Adoption: 23 April 2007

Effective Date: 24 April 2007

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IMPORTANT NOTES

1. Applicants should bear in mind that any development will have an impact on the surrounding area and that the opinions of surrounding neighbours, will be considered and may lead to changes to their scheme.

It will be advantageous to consult with adjoining and potentially affected nearby residents prior to submission of a Development Application (DA).

2. All DAs are assessed under the ‘Matters for Consideration’ contained in Section 79 C of the Environmental Planning and Assessment Act, 1979 (as amended).

3. This Development Control Plan (DCP No 26) is one of the ‘Matters for Consideration’ taken into account prior to the determination of a DA.

4. Applicants should also have regard to the statutory controls of the Hunter’s Hill Local Environmental Plan No.1 (as amended) (LEP)—this includes zonings and permitted uses, building heights and minimum lot areas, exempt and complying development, environmentally sensitive area, land affected by Acid Sulphate Soils, Foreshore Scenic Protection Area, heritage items, conservation area, and other controls.

5. Applicants must comply with the facilities, space, equipment and other relevant conditions of the Children’s Services Regulation 2004, and any legislative requirements of the Children and Young Person (Care and Protection) Act 1998.

If you have any enquiries regarding this DCP, please contact:

Council’s Development and Environment Department on 9879 9400

Monday to Friday: 8.30am-4.30pm.

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CONTENTS

A. GENERAL INFORMATION

A1 Adoption date

A2 Citation

A3 Land to which this DCP applies

A4 Relationship to the Hunter’s Hill LEP and other DCPs and policies

A5 Aims and objectives of the DCP

A6 Definition

1. INTRODUCTION

2. DEVELOPMENT CONTROLS

2.1 General Locational Considerations

2.2 Car Parking and Access

2.3 Built Form and Building Appearance

2.4 Indoor and Outdoor Play areas

2.5 Noise

2.6 Pools

2.7 Landscaping

2.8 Hours of Operation

3. CHECKLIST FOR CHILD CARE CENTRE DEVELOPMENT APPLICATIONS

A. GENERAL INFORMATION

A1 Adoption date

The Hunter’s Hill Development Control Plan No 26 for Child Care Centres 2007 was adopted by Council on 23 April 2007 and came into effect on 24 April 2007.

A2 Citation

This document may be cited as the Hunter’s Hill Development Control Plan for Child Care Centres- 2007 or Hunter’s Hill DCP No. 26- Child Care Centres.

A3 Land to which this DCP applies

The Hunter’s Hill DCP No. 26- Child Care Centres applies to all land within the Hunter’s Hill Local Government Area.

A4 Relationship to the Hunter’s Hill LEP No. 1 and other DCPs and policies

This plan should be read in conjunction with Hunter’s Hill LEP No.1 and the following in particular, however other DCPs and Policies may also apply:

DCP No.15-Residential Development

DCP No.18-Planning for Waste Minimisation and Management

DCP No.21-Commercial Development

DCP No.25-Sustainable Water

DCP No.23-Access and Mobility

A5 Aims and objectives of the DCP

The general aims are:

(a) to encourage the provision of child care centres in appropriate locations to meet the needs of the community;

(b) to ensure that child care centres are of high quality and compatible with neighbouring land uses;

(c) to ensure child care centres are located and designed so that there is no health or safety risk to the children and staff using the centres;

(d) to minimize any adverse impacts (such as those created by noise, traffic generation and on-street parking) on the environment and amenity of residential areas to adjoining neighbours;

(e) to ensure that the design of child care centres are appropriately integrated into the existing residential environment in terms of the built form and landscaping.

A6 Definitions

Child Care Centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a) the children number six (6) or more, are under six (6) years of age, and

(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

1. INTRODUCTION

This DCP No .26- Child Care Centres relates to the erection, establishment and operation of Child Care Centres within the Hunter’s Hill Municipality.

The establishment of new child care facilities, or expansion of existing ones, requires approvals from two (2) authorities:

• Hunter’s Hill Council who is responsible for the land use planning and building standards of the centres. These are regulated through planning instruments and policies, such as the updated LEP No.1 and relevant Development Control Plans.
• The NSW Department of Community Services (DOCS), who is responsible for licensing child care centres under the Children and Young Persons (Care & Protection) Act 1998; and the facilities, space, equipment and other relevant provisions of the Children’s Services Regulation 2004.

Any development application must address the local council planning controls as well as the licensing requirements under the relevant legislation.

The development proposed must also comply with the standards under the Building Code of Australia (BCA), particularly as they relate to health and fire safety.

The provisions of the Food Act, 1989 and Food Safety Standards must be complied with.

The applicant must consult the relevant licensing requirements and operational procedures as required by DOCS and provide a signed undertaking to Hunter’s Hill Council stating that all standards and requirements have been met.

2. DEVELOPMENT CONTROLS

2.1 General Locational Considerations

Objectives

i. To encourage child care centres in areas of need, of a high quality and which are compatible with the neighbouring land uses.

ii. To ensure that the development will not adversely affect the amenity of the existing neighbourhood by way of noise, loss of privacy and traffic, heritage and conservation.

iii. To ensure that the site is generally suitable for child care centres in terms of its topography, adjacent land uses and pedestrian safety of the area.

iv. To ensure that any site is free from any soil contamination.

Development Control

i. Sites located within a non residential dominated area require additional considerations on the safety and amenity of the children.

ii. Preference will be given to sites that form part of or adjacent to established churches, primary schools or community facilities, provided that it can satisfy the traffic and parking requirements.

iii. Sites located with minimal number of adjoining residential properties will reduce the negative amenity impact on the neighbourhood in terms of noise and loss of privacy. Sites close to semi-detached dwellings are generally not preferred. Sited within or adjacent to residential flat buildings are not suitable.

iv. A child care centre must be sited and designed so that adjoining or nearby buildings cannot overshadow or overlook the activity areas of the child care centre.

v. Site should be located close to public transport services due to the potential for lowering the demand on site parking and reducing traffic congestion.

vi. Sites should be flat or gently sloping from the road.

vii. Where possible, the child care centre should have a north to northeast aspect to allow maximum solar access during winter.

viii. Sites on arterial roads or at busy intersections should be avoided.

ix. Sites within or adjacent to a conservation area or a heritage item will be subject to consideration by Council’s Conservation Advisory Panel and assessment under the heritage provisions of the LEP.

x. Sites must be free from any soil or building contamination. Council may request an environmental site contamination assessment from an independent consultant (at the cost to the applicant) if any risk is apparent or the site has been identified as potentially unhealthy or contaminated. The provisions of State Planning Policy 55 (SEPP 55- Remediation of Land) may apply.

xi.A child care centre must not be located within 30 metres of an electricity transmission tower equal to or greater than 132kV.

xii.Council may refuse a chid care centre that is located within 300m of a mobile phone tower.

2.2 Car Parking and Access

Objectives

i. To provide adequate and safe on-site parking for staff vehicles, as well as suitable space for deliveries, service access and the setting down and picking up of children.

ii. To reduce the incidence of on-street parking, which may be detrimental to road safety and amenity of residents.

iii. To ensure pedestrian safety in vehicle entry and exit areas.

iv. To ensure parking does not significantly impact upon the visual quality and character of residential areas.

Development Control

i. Adequacy of car parking to meet the needs of visitors and staff, including people with disabilities will be required. The size and location of such parking should be convenient and thus encourage their use.

ii. A minimum of one off-street parking space is to be provided for every 2 employees. Up to 2 tandem or stack parking spaces (for employees only) may be permitted.

iii. One parking space of size 3.8m width should be provided for persons in wheelchairs or with disabilities, or for large numbers of children with prams.

iv. One off-street parking space is to be provided for every 8 children.

v. Consideration may be given to reducing the parking requirements where safe on-street parking is available, provided that the use of such parking does not adversely affect the amenity of the adjacent area or cause traffic problems.

vi. Safe drop-off and pick-up points should be provided within the site, or adjacent to the site if this can be conveniently and safely arranged.

vii. Pedestrian access must be clearly delineated and segregated from vehicular access with clearly defined paths (min 1.8metres wide) to and from the centre. Bollards (1.2m in height) must be installed between the edge of any on-site car park and pathway to the centre.

viii. Parking and drop-off/pick-up areas must be conveniently located to allow safe movement of children to and from the centre.

ix.Lines of sight from access driveways to through traffic must not be obstructed by fencing, buildings or vegetation.

x. A child care centre in a cul-de-sac is not preferred.

xi. A traffic study will be required in support of the development application.

xii. Car parking may be considered at basement level, subject to the detailing of a safe and convenient vehicular grade and pedestrian access.

2.3 Built Form and Building Appearance

Objectives

i. To ensure that any child care centre is compatible with the scale of existing buildings in the vicinity.

ii. To ensure that the appearance of the development is of high visual quality, enhances and complements the streetscape of the area, and protects the conservation and heritage values where this is regarded as necessary.

iii. To ensure that external and distant views are enhanced.

iv. To adequate sunlight to internal and external spaces of the child care centre.

v. To ensure appropriate ventilation to internal spaces.

Development Control

i. Child care centres must comply with the same standards for built form controls as provided under the DCP of the respective zone.

ii. The design and layout of the child care centres must respond to the character of the existing neighbourhood and streetscape. Existing residential character of the locality must be maintained through the use of appropriate finishes material, landscaping, fencing and plantings.

iii. Fences of child care centres should be designed to minimise noise transmission and loss of privacy for adjoining area, and complement the predominant streetscape, any conservation area and heritage items.

iv. The design of the building, fencing and landscaping should allow for views towards the horizon to be maximized and enhanced.

v. Solar access to adjoining private spaces and living areas must not be reduced to less than 3 hours between 9am and 3pm on June 21.

vi. Child care centres must be designed to maximize natural ventilation to internal spaces.

vii. If a new building is proposed, the design of a single storey is preferred and encouraged, however a two storey form may be considered if no other options are available.

2.4 Indoor and Outdoor Play areas

Objectives

i. To ensure that the design and layout of the play areas provide a safe and pleasant environment for children.

ii. To ensure that play areas allow visual and acoustic privacy for children of the centre and the neighbouring residents.

iii. To ensure that external and distant views are enhanced.

Development Control

Indoor Spaces

i. Appropriate indoor space area should be provided within the child care centre. An increase of the minimum requirements of 3.25sqm (per child) is encouraged and this may be offset against the provision of parking spaces provided this is justified due to the situation or design merits of the application.

ii. The layout of the building, especially the playroom areas, should be designed to allow easy supervision of children.

iii. The building layout should be designed to minimise the need to access function areas via children’s play rooms as this reduces the overall size, safety and functionality of the play space.

iv. The layout must be appropriately designed to minimise the noise impact to adjoining properties. Noise generating areas such as playgrounds or playrooms should be oriented away from neighbouring bedrooms.

v. Double glazing and/or appropriate location of windows should be used where necessary to reduce noise impact to and from the centre.

vi. Direct overlooking of adjoining internal living areas, bedrooms and private open spaces should be minimised through appropriate building layout and suitably located pathways, windows and doors.

Outdoor Spaces

i. Appropriate outdoor play area should be provided within the child care centre. An increase of the minimum requirements of 7sqm (per child) is encouraged and this may be offset against the provision of parking spaces provided this is justified due to the situation or design merits of the application.

ii. Outdoor play areas should preferably have a north or north east orientation to allow maximum solar access and in any case be designed to reduce adverse climatic conditions.

iv. The layout of the outdoor play area should be designed to allow constant supervision and access to children.

v. Outdoor play areas should be located away from neighbouring properties to minimise noise impact to adjoining properties.

vi. Appropriate hedging should be planted along the fence lines to create a buffer zone between adjoining properties.

vii. Appropriate fencing should be provided to segregate outdoor play area and other activities of the child care centre.

viii. The design of the building, fencing and landscaping should allow for views towards the horizon to be maximized and enhanced.

ix.Proposals must comply with all current Australian Playground Standards.

2.5 Noise

Objectives

i. To provide for the visual and acoustic privacy of nearby residents in their dwelling and open spaces.

ii. To ensure that any child care centre in a residential area does not generate unacceptable noise levels.

iii. To protect children from excessive noise which may be generated by proximity to roads and traffic.

Development Control

i. The applicant will be required to submit a report from an accredited acoustic consultant.

ii. The LAeq (15 minute) noise level emitted from the site (including playground activity noise and indoor activity noise) shall not exceed the rating Background Level (the “RBL”) by more than 5dBA at the assessment location.

iii.Where the above occurs, noise mitigation measures will need to be implemented. These could include the appropriate siting of buildings, and the provision of acoustic fencing or landscaping, or restrictions to the numbers of children at play and the period.

iv.Outdoor playgrounds should not be located adjacent to the living/bedroom areas of adjoining residents.

v.External pedestrian gates shall be fitted with appropriate door closers to provide a slow and regulated closing of the gate to prevent the generation of impact sound.

vi.For proposals that are located on or within 60 metres direct distance of a major road, a noise assessment must be submitted with the development application.

v.The LAeq (1Hour) ambient noise level at any location within the boundaries of the centre including any outdoor play or activity area during the hours when the centre is operating shall not exceed the “Recommended Maximum” noise level indicated for “school playground” in the table “Amenity criteria” nominated in the Environmental Protection Authority (EPA) NSW Industrial Noise Policy.

vi.Where the noise exceeds the above limit, noise mitigation measures shall be implemented to ensure compliance. Such measures could include the siting of buildings, appropriate design measures such as double glazing and provision of acoustic fencing and landscaping or restricting outdoor play to certain periods and/or limiting numbers at play.

2.6 Pools

Swimming pools are prohibited to avoid any risk and to ensure safety to children.

2.7 Landscaping

Objectives

i. Landscaping should be used for its qualities of shading, screening and decorating outdoor areas.

ii. To provide an attractive natural environment for the users of the site.

iii. To provide a high visual quality to the site.

iv. To preserve and enhance amenity and streetscape of the neighbourhood.

Development Control

i. For child care centres within a residential dominated area, landscaping provision and design should comply with the standards under the Hunter’s Hill Residential DCP (No.15).

ii. For child care centres within a non-residential dominated area, appropriate soft and hard landscape must be provided within the development to enhance the amenity of the playground for the children. Council may require the provision of landscaping that is above the requirement prescribed in the DCP for the respective zone.

iii. Trees located on the northern and western boundary should provide shading to the play space during the hottest time of the day.