New pre-school rules designed to avoid public scrutiny
There are many calls for "more transparency" by parents and members of the community in the case of the new public pre-school planned for the grounds of Umina Beach Public School.
However, by choosing to seek planning approval as a "complying development", rather than going through the development application process, this is precisely what the Education Department avoids.
In 2021, the NSW State Government decided that development applications were getting bogged down in "red tape" and "lengthy approval processes".
The answer seemed obvious to them: Remove neighbours and the community from the decision-making process.
This was initially actioned by means of State Environmental Planning Policy 2021 (Housing) better known as the Housing SEPP.
Changes were introduced that meant that, providing a planning application complies with standard design requirements, a new dwelling can be approved either by the council or a private certifier with the immediate issue of a Complying Development Certificate.
There is no provision in this process for the community to have input in the approval process.
The use of complying development has gradually expanded, one example being with new pre-schools.
Apparently anticipating resistance to its roll-out of its program to put new public preschools in the grounds of existing schools, the State Government announced last April that "The NSW Government has amended the Transport and Infrastructure SEPP to help speed up the delivery of essential education infrastructure."
Among other things, the provisions specifically enable new preschools to be approved in either existing public school buildings or build new buildings in school grounds using the Complying Development Certificate process.
While it states that neighbours and parents must be "consulted", this is primarily an information-sharing exercise, not a formal opportunity for the community to make submissions or objections.
In Greater Sydney neighbours must be notified at least 14 days in advance before such a certificate can be issued.
However that does not apply to the Central Coast.
No notification is required whatsoever prior to it being issued.
The only mandatory notice that applies on the Central Coast is for neighbours to be told two days before actual construction starts.
So if this application for the preschool is made as a complying development, the first notice that parents and most of the community may get is when the bulldozers turn up!
While the education authorities may well advise the community when the Certificate is issued, under the current rules they are not obliged to do so.
The only way that parents, neighbours and the community could have any meaningful say in this decision is if the application were to be made as an ordinary development application rather than as a complying development.
This would mean that the application would have to go on public exhibition.
Members of the public could make written submissions and it could be amended by the regulatory planners.
If 10 or more unique objections were received, the application would be sent to the Local Planning Panel for a decision.
The Education Department could choose to take this course.
However, this seems unlikely unless the community can convince the Department to do so, either directly or through councillors and members of State Parliament.
SOURCE:
Email, 28 Jun 2025
Frank Wiffen, Woy Woy