Council Approval for Childcare Centres & Out-of-School-Hours Care
A centre-based childcare service or out-of-school-hours (OOSH) care facility is a defined land use under most council planning schemes and almost always needs a development application, assessed against specific controls for car parking, drop-off and pick-up arrangements, and outdoor play space per child. This planning approval is entirely separate from your service's registration under the Education and Care Services National Law and National Regulations, which deals with staffing ratios, safety and the educational program - you need both, and they run on different timelines.
Free consultation
- 8-14 weeks depending on site constraints and traffic assessment needs
- From $4,200 + GST
- Quoted fixed after a free scope check
A defined use with its own rulebook
Childcare centres and OOSH services are assessed against specific numeric controls that do not apply to most other commercial land uses - outdoor play space per child, indoor space per child, car parking ratios geared to staff and drop-off numbers, and often a minimum separation from busy roads or incompatible neighbouring uses. Getting these numbers right against your actual floor plan before lodging saves a great deal of back-and-forth with council.
Two approvals, two purposes
Confusion between the two is common, and so is confusion between a small home-based arrangement and a purpose-built centre - the assessment pathway is genuinely different for each, and picking the wrong one wastes time and money.
What makes an application go smoothly
Councils generally support well-located childcare and OOSH proposals because of clear community need, but they expect the drop-off and play space numbers to be resolved properly rather than argued around. A DA that shows a workable traffic plan and satisfies the play space benchmark from the outset tends to move through assessment with minimal friction.
How it works
Site and use assessment
3-5 days
We confirm zoning permissibility and identify the parking, play space and traffic benchmarks your council applies.
Specialist input
2-4 weeks
Traffic consultant and acoustic input where drop-off zones or plant noise are a concern.
DA preparation
2-3 weeks
Statement of environmental effects, plans and supporting reports compiled into a complete application.
Lodgement and assessment
8-14 weeks
Lodged, tracked through council's assessment, and any requests for information responded to.
What we take off your hands
What EHUP handles
- Confirming whether your site's zoning permits a childcare centre or OOSH facility with consent
- Traffic and parking assessment tailored to drop-off/pick-up peak periods
- Outdoor play space and acoustic buffer design against council's numeric controls
- Preparing the statement of environmental effects and supporting plans
- Coordinating with your National Law registration process so timelines line up
- Lodging and managing the DA through to determination
What you don't have to deal with
- Assuming your fitout is exempt because a similar centre nearby seems informal about approvals
- Applying for National Law registration before the DA has confirmed the site is even permissible
Frequently asked questions
Is a home-based childcare arrangement the same approval as a childcare centre?
No, and this is the most common confusion we see. Home-based childcare involves a small number of children cared for in a private home under a different regulatory pathway, with a lighter planning approval. A centre-based childcare service or OOSH facility is a larger, purpose-built or purpose-fitted-out operation and is assessed as its own defined land use with its own parking and play space controls. If you are not sure which category your proposal falls into, tell us the intended capacity and location and we can confirm before you spend money on the wrong application.
Do we need the DA approved before we can register under the National Law?
In practice councils and the regulatory authority expect the premises to be lawfully approved for the childcare use before a service approval is granted, so the two processes are usually sequenced with planning approval first, or run in close parallel once the DA is close to determination. We coordinate the documentation for both so you are not caught in a chicken-and-egg situation between council and the regulator.
How much outdoor play space do we need?
Councils typically apply a minimum outdoor space benchmark per child under the Education and Care Services National Regulations, which council's DCP or LEP-based assessment will also reference. The exact figure depends on your council and the age groups catered for, so we calculate this against your actual floor plan early, before you commit to a lease or fitout that cannot physically satisfy it.
Will traffic and parking be the hardest part of the assessment?
For most childcare and OOSH proposals, yes. Councils scrutinise drop-off and pick-up arrangements closely because a short, sharp peak of car movements twice a day is a genuinely different traffic pattern to most other commercial uses. A well-designed on-site drop-off zone, or a credible walk-up catchment for an OOSH service attached to a school, resolves most objections before they are raised.
Related services
Educational Establishment
Schools and other formal education premises typically require a development application addressing traffic and student drop-off and pick-up management, noise, and hours of operation.
Home Based Childcare
Family day care and similar home-based educator arrangements, caring for a small number of children in a private home, are generally exempt or permitted without separate development consent up to a certain number of children under the NSW planning framework.
Traffic Impact Assessment
A traffic impact assessment quantifies the trips a development generates, assesses the effect on the surrounding network and intersections, and demonstrates that parking, servicing and access arrangements work.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.