Changes to support early learning and education infrastructure
The NSW Government has updated the Transport and Infrastructure State Environmental Planning Policy (SEPP) to support faster delivery of essential education and childcare infrastructure.
Changes introduced in June 2026 make it easier to deliver early learning services and student accommodation while maintaining robust planning and environmental standards.
Key changes include:
- new streamlined pathways to deliver early learning services on public school sites without a traditional development application
- a complying development pathway for university student accommodation
- expanded opportunities for schools, universities and TAFEs to undertake minor works
Early childhood education and care facilities
The planning framework for early childhood education and care facilities:
- aligns with the National Quality Framework
- enables certain services to proceed without development consent where strict standards are met
- allows temporary relocation of centres in emergencies through exempt development pathways.
Early learning services on public school sites
The NSW Government has introduced reforms to support delivery of more early learning services co-located at public schools.
These changes:
- allow new early learning services to be delivered on public school sites without a traditional development application
- enable existing public school buildings to be used as preschools for up to 50 children without development consent.
All proposals are assessed by the Department of Education, including impacts on traffic, parking and surrounding communities, and include appropriate stakeholder consultation.
Child care planning guideline
The Child care planning guideline supports providers, developers and councils to deliver high-quality early learning facilities.
It brings together national and state planning requirements with best-practice design guidance.
Schools
Current planning rules allow schools to expand and improve facilities, including libraries, sports fields and outside school hours care.
Exempt and complying development pathways support minor works such as building upgrades, play equipment and sporting facilities.
Development without consent for government schools
Under the SEPP, the Department of Education can deliver new schools and upgrades without development consent, subject to environmental assessment requirements.
This includes new early learning services on school sites.
Projects are assessed through a Review of Environmental Factors (REF), which considers environmental, social and economic impacts and includes consultation with councils and communities.
Universities and TAFEs
Changes introduced in June 2026 support universities and TAFEs to respond to growing demand for education and accommodation.
Student accommodation
Universities can now deliver student accommodation through a complying development pathway, reducing approval timeframes while maintaining strict standards for height, setbacks, noise and environmental impacts.
Minor works and heritage
Universities and TAFEs can also carry out minor works, including internal fit-outs and upgrades, as exempt or complying development, including certain works to heritage items and conservation areas.
Resources
- Planning reforms delivering infrastructure faster – summary of changes (PDF, 386 KB)
- Changes to speed up the delivery of essential school infrastructure – frequently asked questions (PDF, 106 KB)
- NSW Planning Portal: Find determinations and the supporting assessment materials
- Centre-based child care facilities and the development assessment process – Fact sheet (PDF, 107 KB)
- Child care planning guideline – Delivering quality child care for NSW
- Development without consent – NSW Planning Portal
- Guidelines for Division 5.1 assessments – May 2026 (PDF, 3.7 MB)
- Design Guide for Schools (PDF, 7.0 MB)
- Guide to State Environmental Planning Policy (Transport and Infrastructure) 2021 (PDF, 344 KB)
- National Quality Framework and Service Approval – Fact sheet (PDF, 89 KB)
- Planning Circular – PS 21-037 – Guidance for centre-based child care facilities (PDF, 202 KB)
- Practice Note: Regulating expansion of schools (PDF, 1.5 MB)
- Using Complying Development in Schools – Fact sheet (PDF, 111 KB)
- Development approval pathways for schools – Fact sheet (PDF, 132 KB)
- Stakeholder and community participation plan for new health services facilities and schools (PDF, 443 KB)
- The NSW Department of Education’s Stakeholder and Community Participation Plan 2024
More information
For further information, email the policy team at [email protected]