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Environment and Planning Committee Page 234 4 October 2005

Wollongong City Council

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REF: BD52/05

DRAFT WOLLONGONG CITY CHILD CARE DCP 2005 Report of Manager Strategic Planning (KA) SU22983

PRECIS

Council currently has Technical Policy 94/5 “Policy for the Development of Child Care Facilities” in place to guide the assessment of development applications for child care centre proposals. This Policy was adopted by Council in December 1993. Following the receipt of an application for a child care facility to be sited under power lines, and a letter from Integral Energy concerning the application, Strategic Planning undertook a review of the Policy. This involved research into the potential impact of Electromagnetic radiation (EMR) exposure on children, and a review of child care development control plans of other councils. Strategic Planning, in consultation with Council’s Children and Family Services Coordinator (Community and Cultural Services), Development Assessment and Compliance and Environment Divisions, developed an updated Development Control Plan to address the shortcomings of the current policy and to reflect “best practice” for the regulation of Child Care Centre operations. The purpose of this report is to seek Council’s endorsement: • of “(Draft) Wollongong City Child Care Centres Development Control Plan 2005”; and • to enable public exhibition of “(Draft) Wollongong City Child Care Development Control

Plan 2005”.

RECOMMENDATION

1 Pursuant to Section 72(1) of the Environmental Planning and Assessment Act Council endorse the public exhibition of “(Draft) Wollongong City Child Care Development Control Plan 2005”.

2 If no submissions are received in the exhibition period, Council adopt the draft DCP as exhibited.

BACKGROUND

Council currently has Technical Policy 94/5 adopted in 1993. Following the receipt of an application for a child care facility to be sited under power lines, and letter from Integral Energy in relation to the application recommending a prudent avoidance approach and therefore suggesting investigation of alternative sites (see attached), the Strategic Planning division undertook to review the policy. Research was undertaken in relation to the potential impact of Electromagnetic Radiation (EMR) exposure on children, which included a literature review and the examination of Child Care Development Control Plans of other Councils. An investigation of Development Control Plans prepared by the following Councils was undertaken: • City of Sydney; • Holroyd; • Penrith; • Burwood; • Sutherland; • Liverpool; • Bankstown;

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• Waverley; • Ryde; and • Strathfield. This research revealed that the provisions of the current Technical Policy 94/5 “Policy for the Development of Child Care Facilities” are out of date in many respects and require major amendment to be in line with current “best practice” for the regulation of such operations. It is recommended that this policy be repealed, and replaced by “(Draft) Wollongong City Child Care Centres Development Control Plan 2005”. Discussion of Electromagnetic Radiation (EMR) There is increasing public concern about the potential health effects of environmental contaminants and environmentally caused diseases. Electromagnetic radiation (EMR) is one such concern (defined as electric and magnetic energy or fields travelling through space – www.noradcorp.com). Major sources of Electromagnetic radiation exposure include electrical power generation, transmission and use, and telecommunications and broadcasting (high voltage powerlines, telecommunications towers, mobile phone base stations, antennas). There is currently a lack of consensus as to what levels of electric magnetic fields and Electromagnetic radiation can affect humans, however there is widespread agreement that better information is needed (fact sheet austn govt austn radiation protection and nuclear safety agency 03). Some epidemiological studies have suggested a link may exist between Electromagnetic radiation exposure and childhood leukaemia and brain cancer. There is a growing movement worldwide to adopt the precautionary principle for management of health risks in the face of scientific uncertainty. Children are most vulnerable to the effects of environmental contaminants and environmentally caused diseases since their organ systems are constantly developing and changing, their body mass is small leading to exposure to larger relative doses, and their immune system is undeveloped. The following summarises the response of professional bodies to the subject of Electromagnetic radiation: • In 2001 the Chair’s Report on the Senate Inquiry into Electromagnetic radiation recommend

a number of precautions, including that “precautionary measures for the placement of powerlines be upgraded to include wide buffer zones, and undergrounding and shielding cables where practicable;

• The World Health Organisation (Fact Sheet 2001) recommends power line siting decisions should consider ways to reduce people’s exposure;

• The Local Government Association of New South Wales (‘97) recommended telecommunications towers be located at least 500m from child care centres;

• In 1997 Australia adopted a policy of Prudent Avoidance with regard to new transmission lines, with measures including re-routing power lines away from schools, and phasing power line conductors to reduce magnetic fields near their rights of way;

• The National Institute of Environmental Science recommends the siting of powerlines to reduce exposure;

• In 1991 the Electricity Supply Authority of Australia adopted a policy of “prudent avoidance”;

• The Gibbs Enquiry1 states prudent avoidance in siting of powerlines; • The Australian Radiation Protection and Nuclear Safety Authority’s website states that in

view of the epidemiological studies, the possibility remains that intense and prolonged exposures to magnetic fields may increase the risk of leukaemia in children.

1 Inquiry Into Community Needs and High Voltage Transmission Lines Development (1991) Sir Harry Gibbs



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Summary of Electromagnetic Radiation Related Location Criteria Adopted by other Councils A review of child care Development Control Plans developed by other councils revealed that a number of New South Wales Councils have Development Control Plans containing objectives and controls to site child care centres in locations that minimise potential health risks. The following table illustrates Electromagnetic radiation related location criteria: Council Electromagnetic Radiation Related Location Criteria Sutherland (2001) • Towers and transmission lines recognised as a health risk – child

care centres to be located no closer that 50m to mobile phone towers or antennas or transmission line easements or other similar electromagnetic radiation sources.

• Location and positioning of centre does not expose children to uncertain health or safety risks by application of the precautionary principle.

• Location in areas of high environmental quality. Rockdale • Not located or designed so as to pose a health or safety risk to

children using the centre. • Must be located in an area of high environmental quality – site does

not pose a risk to children and staff due to…electromagnetic radiation hazards. Risk aversion principles must be applied when assessing suitability of a site.

Holroyd (2001) • Not within 100m of high voltage power lines of 33 kilovolts or higher, in light of research that demonstrates an association between exposure to power frequency electromagnetic fields and an increased incidence of childhood leukaemia and other cancers.

• Not located or designed so as to pose a health or safety risk to children using the centre.

Burwood (2003) • Child care centres are to be located on sites that provide a safe and healthy environment for children attending the facility and that minimise the potential for environmental hazards, such as electro radiation, noise and air pollution to impact adversely on the health of children, staff and others attending the centre.

• A child care centre must not be located within 30m of an electricity transmission line equal to or greater than 132 kilovolts.

Bankstown (2004) • Not located or designed so as to pose a health or safety risk to children using the centre

Sydney City (2004) • Take into consideration any environmental health hazard or risk, having regard to existing and potential on and off site electromagnetic fields (50Hz and radio frequency fields 3KHz – 300GHz). Not to be located within close proximity to mobile phone towers and base stations, transmission line easements or other sources of significant electromagnetic radiation. Where a centre is to be located within 300m of these electromagnetic sources, a report by a suitably qualified person is to be prepared to assess the potential exposure impacts.

Liverpool (1998) • Not located adjacent or nearby inappropriate adjoining land uses or activities which may have an adverse impact on the health and safety of children.

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Council Electromagnetic Radiation Related Location Criteria Strathfield (1999) • No closer than 300m to mobile phone towers or antennas or

transmission line easements or other similar electromagnetic radiation sources.

Penrith (1998) • Not on land on which there is an electricity transmission easement, mobile phone tower or similar, or on land immediately adjacent to those structures.

• Ensure child care centres are not adversely affected by safety hazards.

Ryde • Not near sites that may be hazardous to young children. • Child care centres must be located in an area of relatively high

environmental quality – site does not pose a risk to children and staff due to…electromagnetic hazards.

• Risk aversion principles must be applied when assessing suitability of a site.

Other health considerations addressed in the Development Control Plans of other Councils include: the siting of child care centres on or near contaminated sites (soil, old service stations, asbestos, lead), adjacent heavy industry, waste depots, landfill sites, extractive industries, LP gas sites or major roadways, protection from excessive noise (aircraft, rail operations), exposure to ultraviolet radiation, and unsuitability of swimming pools. These considerations are addressed in the Draft Development Control Plan. Summary of Child Care Provisions in Wollongong City Council “Siting of Telecommunications and Radiocommunications Facilities” Draft Policy Key objectives of this Policy include: • the application of the precautionary approach to the deployment of telecommunications and

radiocommunications infrastructure; • to minimise electromagnetic radiation (EMR) exposure to the public; and • to avoid community sensitive locations. Location criteria include an onus on the applicant to demonstrate adoption of a precautionary approach to site selection in minimising exposure to Electromagnetic radiation, and particular consideration of likely community sensitive locations (eg frequented by children, for instance schools, child care centres). The applicant must additionally demonstrate the precautions taken to minimise Electromagnetic radiation exposure to the public and submit a 360 degree prediction map of exposure levels at 1.5m above publicly accessible surfaces for a proposed facility within 300m of a likely community sensitive location.

PROPOSAL

The purpose of this report is to seek Council’s endorsement: • of “(Draft) Wollongong City Child Care Centres Development Control Plan 2005”; and • to enable public exhibition of “(Draft) Wollongong City Child Care Centres Development

Control Plan 2005”.



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Current Considerations in Assessing Child Care Centre Development Applications The current Technical Policy states that development approval is required for proposed new centres, extensions/alterations to existing centres, alterations to hours of operation, number of children attending and ages of children attending. Key components of Technical Policy 94/5 “Policy for the Development of Child Care Facilities” include: • states that there are mandatory Health and Building standards; • states that licensing by the New South Wales Department of Community Services is also

required; • suggests consultation with various divisions within Council prior to submitting a

Development Application; • includes six (6) objectives/guidelines; • states relevant Act and definitions; • lists twelve (12) criteria for DoCS licensing of centre based child care services; • lists Council requirements for indoor and outdoor areas, planting and landscaping,

accessibility, car parking and manoeuvring, dual use (centre and dwelling), establishment in business zones and conversion of existing buildings, and healthy sites;

• states applications must be lodged on Council’s Development Application form; • advises advertising requirements; and • outlines health and building issues. Objectives of the Draft Development Control Plan A Child Care Centres Development Control Plan has been drafted with the following objectives in mind: • increase recognition that child care is a most sensitive land use; • better reflect Council’s objective of ensuring a high quality of care (including safety) for the

children within child care centres by making it clear to applicants that if there are any doubts over the suitability of any site, particularly regarding health or safety risks to children, then those sites must be rejected; and

• bring our child care policy in line with best practice guidelines/approaches being used by other Councils.

The draft Development Control Plan is structured into three (3) parts: • Part One outlines the specific aims and objectives of the Development Control Plan. • Part Two provides general information regarding the process of making an application for a

Child Care Centre. • Part Three outlines planning and design considerations. The key intentions of the draft Development Control Plan are to: • Clarify the roles of DoCS (licensing requirements) and Council (controls). The

Development Control Plan clearly states that the operation of a child care centre requires both a DoCS license and Council approval;

• Clarify that all types of child care services are now covered by the one (1) regulation – Children’s Services Regulation 2004;

• Provide a clear summary of steps in the approval process;



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• Expand the objectives sought, including a desire to deliver best practice centres and services, and that location and design do not pose a health or safety risk to staff, children or visitors;

• Update references to legislation and definitions in line with best practice policy; • Include controls for new types of child care services (eg OOSH); • Direct applicants to DoCS for detailed and up to date licensing requirements, rather than

reiterating them in the Development Control Plan as they are subject to change; • Provide specific planning and design criteria Objectives and Controls that must be addressed

in any development application under a variety of headings (capacity, location and site selection, building design, parking and pedestrian safety, indoor and outdoor spaces, signage, landscaping, privacy, accessibility, safety and security, emergency evacuation, operational controls, and bushfire legislation). Currently there are very few provisions in this regard;

• Provide more detailed advice on issues such as site selection, site contamination and environmental hazards, building design, landscaping, sustainability, traffic, heritage, bush fire legislation and site operation;

• Provide additional specific guidelines in relation to work based child care centres, centres containing a combined child care facility and dwelling, and for the operation of Out of School Hours (OOSH) care;

• Provide additional information in relation to home based child care (appendix); and • Provide guidelines for the submission of a development application; The following table details the key proposed changes from the current Technical Policy to the draft Development Control Plan. Current Technical Policy Proposed Development Control Plan Preliminary: states that this policy addresses all aspects of the design and operation of Child Care centres.

Also provides some guidelines in relation to home based child care services (as an appendix). Also states that the principles of this plan may also be relevant to other proposed development near existing child care centres.

Preliminary: refers to Children (Care and Protection) Act, 1987

Updated to refer to the Children and Young Persons (Care and Protection) Act 1998 and the Children’s Services Regulation 2004.

Preliminary: states that licensing by New South Wales Department of Community Services (DoCS) is also required.

More information provided to clarify process under the new heading “Regulatory Process”: The approval process is a two (2) part process – development consent under the Environmental Planning and Assessment Act 1979 is required from Council. Additionally a License to operate under the Children and Young Persons (Care and Protection) Act 1998 and the Children’s Services Regulation 2004 is required from the New South Wales Department of Community Services (DoCS). This Development Control Plan addresses issues pertaining to Wollongong City Council’s planning responsibilities, as well as complementing and expanding upon the minimum DoCS licensing standards.

Preliminary: advises the reader before submitting a Development Application to consult with staff of Council's Planning Division, Community Development and Services Division, Health and Building Division and be aware of regulations pertaining to type of

Wording changed to reflect changes to names of appropriate Council contacts – eg Council’s Community Development and Services Division replaced with Council’s Children and Family Services Coordinator, and Health and Building Division no longer exists. Changes made to reflect fact that all types of child care services will now be covered by the one (1) regulation – Children’s Services Regulation 2004. States that child care centre require development consent



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Current Technical Policy Proposed Development Control Plan child care service you propose to establish. DoCS has separate regulations available for different child care services

and in addition the activity must be licensed by DoCS. This section summarises the steps in the approval process in greater detail under a new heading: 2.3 Steps in the Approval Process: eleven (11) steps are outlined covering site selection and analysis, liaison with Council and DoCS, relevant publications to review, lodgement of the Development Application for assessment and issuing of license/certificates.

Objectives and Guidelines: six (6) stated

Expanded to include nine (9), in line with best practice guidelines. Additions and changes focused on a desire to deliver quality and best practice centres and services; to ensure compatibility with neighbouring land uses; to ensure amenity of adjoining neighbours; to ensure adequate and safe parking; to ensure centres are unobtrusive in terms of size, bulk, height and landscaped area; and to ensure location/design so as not to pose a health or safety risk to staff, children or visitors.

Definitions provided as defined in the Children (Care and Protection) Act 1987

The Children (Care and Protection) Act 1987 now replaced with the Children and Young Persons (Care and Protection) Act 1998. Definition for centre based child care service now refers to four (4) or more children (previously 6). This updated definition will be included in the Wollongong Local Environmental Plan 1990 review.

Standards for Centre Based Child Care Services: lists twelve (12) criteria for DoCS licensing.

New heading “Regulatory Process”: The approval process is a two (2) part process – development consent under the Environmental Planning and Assessment Act 1979 is required from Council. Additionally a License to operate under the Children and Young Persons (Care and Protection) Act 1998 and the Children’s Services Regulation 2004 is required from the New South Wales Department of Community Services (DoCS). This Development Control Plan addresses issues pertaining to Wollongong City Council’s planning responsibilities, as well as complementing and expanding upon the minimum DoCS licensing standards. States that the Development Control Plan identifies issues over which Council has care and control. While clearly states that DoCS has many requirements that must be met in order to obtain a licence, the Development Control Plan does not reiterate DoCS requirements in detail as they may be subject to change (provides list of areas covered by licensing and directs the applicant to DoCS for detailed information). Council will not grant approval to any proposal which does not meet DoCS licensing standards. Applicants are provided with the names of various publications to assist them.

States development approval is required for all proposed new centres, extensions to existing centres and demolition of a centre or part of a centre including outdoor structures.

States that a Development Application is required for the establishment of a new centre, adaptation of buildings for child care centres, expansion or modification of existing child care centres, or a change in the proposed use (eg an increase in the number of children, alteration to hours of operation, alteration to the number of children in any one (1) age group



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Current Technical Policy Proposed Development Control Plan Development approval also required for alteration to the hours of operation, numbers of children attending and ages of children attending.

or the establishment of outside school hours care services – OOSH). Addition of “the establishment of OOSH care”. States that if building works are proposed a construction certificate application must be lodged.

Council guidelines for centre based child care facilities: lists council requirements (in addition to DoCS requirements) for indoor and outdoor areas, planting and landscaping, accessibility, car parking and manoeuvring, dual use (centre and dwelling), establishment in business zones and conversion of existing buildings, and healthy sites.

This information is included in full under separate headings. Where appropriate information has been updated and clearer guidelines have been provided. Reference to relevant Australian Standards has been updated.

Lodging applications: applications must be lodged on Council’s Development Application form which all necessary instructions.

Addition: Applications must be lodged on Council’s Development Application and Building Application forms. Applications must be supported by a letter from the NSW DoCS stating that the proposed child care centre meets licensing requirements.

Advertising of application: adjoining neighbours notified for minimum fourteen (14) days. In some circumstances it will be advertised in a local newspaper.

Addition: Adjoining land owners and any nearby landowners that Council considers may be adversely affected by the proposal will be provided with written notification.

Health and Building Division heading: states building code of Australia requirements re fire requirements, and health and building requirements

The applicant is referred to the Building Code of Australia, rather than attempting to reiterate these requirements (which might be subject to change).

New Heading: 1.4 Citation. New Heading: 1.5 Date of Adoption of this Plan. New Heading: 1.6 Relationship of this Development

Control Plan to other Environmental Planning Instruments.

New Heading: 2.2 Matters to Consider When Designing a Child Care Centre (lists key considerations to consider in the design and operation, which are expanded on in the Development Control Plan).

New Section: Planning and Design Criteria: objectives and controls are stated under the following headings in accordance with best practice principles and approaches of other Councils, and refer to relevant Australian Standards: • Maximum Capacity of Centres and Staffing Levels:

maximum capacity stated in residential areas (49) to minimise impact on residential amenity and to achieve a smaller building that is visually compatible with the character of the surrounding area.

• Location and Site Selection: provides guidelines re



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Current Technical Policy Proposed Development Control Plan

sites that best satisfy the aims of the Development Control Plan. States that if there are any doubts over the suitability of any site, particularly regarding health or safety risks to children, then those sites must be rejected according to the precautionary principle. Centres to be located in areas of high environmental quality that do not expose children to uncertain health or safety risks by the application of the precautionary principle. Not near EMR sources, arterial roads, or adjacent inappropriate land uses. Shall not contain material that will lead to lead, asbestos or other contamination or poisoning. Measures to avoid mosquito bite infections). Site contamination assessment, not within industrial zones, site not previously used for activity associated with hazardous substances.

• Site and Surrounds Analysis: issues of built form, sustainable design considerations. Site analysis to accompany each application, as well as a statement of environmental effects.

• Building Design, Appearance and Neighbourhood Character: need to maintain amenity of area and enjoyment of residents – design, bulk, scale, size and materials must complement adjoining development. Maximum Floor Space Ratio and height stated. Sustainable building practices and incorporation of energy efficient design.

• Parking and Pedestrian Safety: required to demonstrate traffic will not interfere with amenity of area, safe parking space guidelines provided.

• Indoor Spaces: circulation and safety considerations, solar.

• Outdoor Areas: provide for a variety of experiences, safety, fencing, shading.

• Signage and Outdoor Lighting: signage should be functional but not dominate landscape.

• Fencing and Gates: specifies material and height of fencing/gates.

• Landscaping and Vegetation: aesthetically pleasing, safe and functional; protect visual and acoustic privacy; guidelines re species and area of landscaping required. Detailed landscape plan to be submitted.

• Visual and Acoustic Privacy: centre design and operation to reduce noise and visual impact.

• Accessibility: meets Disability Discrimination Act provisions, specifies access requirements for disabled, prams and wheeled toys.

• Safety and Security: building Code of Australia reference, surveillance.

• Emergency Evacuation: plan required, fires safety measures.



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Current Technical Policy Proposed Development Control Plan • Operational Controls: hours of operation generally

limited to 7.00 am to 6.00 pm Monday to Friday in residential areas.

• Bushfire Legislation: assessment required. New Heading: Work Based Child Care Centres:

Special consideration re environmental quality and land use conflicts.

New Heading: Combined Child Facility and Dwelling (Dual Use) Desire to avoid overdevelopment of the site, development must be compatible and the dwelling and centre must operate as separate entities.

New Heading: Out-of-School Hours (OOSH) Care Centre shall provide permanent separation of OOSH facilities from existing child care centre. Additional criteria specified.

CONSULTATION AND COMMUNICATION

Strategic planning undertook consultation with various Divisions in Council and with the Department of Community Services (DoCS) through Council’s Children and Family Services Coordinator (Community and Cultural Services). Other Divisions consulted within Council included Development Assessment and Compliance (DAC), Environment, Strategic Planning (traffic and urban design) and Recreation and Natural Resources. Child Care Development Control Plans, and Telecommunications Development Control Plans of several other Councils were also considered in the drafting of this plan.

RISK ASSESSMENT

The recommendations of this report are based on adopting the ‘precautionary principle’ and will minimise the liability risk to Council with respect to Electromagnetic radiation exposure for approved Child Care Centres within the Local Government Area.

OPTIONS

1 No change to current planning provisions. 2 Resolve to exhibit “(Draft) Wollongong City Child Care Centres Development Control Plan

2005”. Option 2 is recommended.

CONCLUSION

Technical Policy 94/5 is out dated in many respects. Accordingly, it is considered appropriate to repeal the current Technical Policy 94/5 “Policy for the Development of Child Care Facilities”, and replace it with the more comprehensive and best practice “(Draft) Wollongong City Child Care Centres Development Control Plan 2005” for public exhibition and comment. Should Council support this approach it would be necessary to update definitions in line with best practice policy through the Wollongong Local Environmental Plan 1990 review. All other headings have been considered but are not relevant.



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Name Position Title Date Signature This report provides Councillors with all the relevant information and is correct at the time of

writing. This information has been relied upon in preparing the report and its recommendations. Signed by:

Kathryn Adams Strategic Project Assistant 20/09/05

Fay Steward Manager Strategic Planning 21/09/2005

Rod Oxley General Manager 21/09/05

ATTACHMENTS

1. Draft Wollongong City Child Care Centres Development Control Plan 2005 2. Technical Policy 94/5 "Policy for the Development of Child Care Facilities" 3. Copy of Integral Energy Letter 4. Discussion of Electromagnetic Radiation Issues.


ATTACHMENT 1 - Draft Wollongong City Child Care Centres Development Control Plan 2005


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Environment and Planning Committee 8 4 October 2005



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ATTACHMENT 2 - Technical Policy 94/5 "Policy for the Development of Child Care Facilities"


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ATTACHMENT 3 - Copy of Integral Energy Letter


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ATTACHMENT 4 - Discussion of Electromagnetic Radiation Issues.


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Discussion of Electromagnetic Radiation Issues Background While the benefits to society of using electricity are unquestioned, concern has been raised about the potential adverse health effects from electric and magnetic fields produced during its generation, delivery and use. Similarly, recent developments in the area of telecommunications and radiocommunications that have led to the dramatic increase in the use of the microwave porion of the spectrum for wireless technology such as mobile phones, and the resultant proliferation of mobile phone towers and antennas, have also elevated public concern about the possible health risks of electromagnetic radiation (EMR). Electromagnetic radiation (EMR) is defined as electric and magnetic energy, or fields, travelling through space. (Source: www.noradcorp.com). It can take the form of microwaves and radio frequency. Major sources of electromagnetic field exposure include electrical power generation, transmission and use, and telecommunications and broadcasting (eg high voltage power lines, telecommunications and broadcast facilities, and mobile phone base stations). One type of EMR is exposure to electric and magnetic fields at “extremely low frequencies” (ELF). While there is uncertainty about the long term impacts of low levels of radiation, there is increasing public concern about the potential health effects. Such exposures arise mainly from the transmission and use of electrical energy at the power frequencies of 50/60Hz. (Source: WHO). An assessment of potential health risks of EMF includes numerous uncertainties. There is a lack of consensus among experts as to what levels of electric magnetic fields and electromagnetic radiation can affect humans. Some epidemiological studies have suggested a link may exist between extremely low intensity EMF exposure and certain types of cancer (primarily childhood leukaemia and brain cancer), and quote epidemiological studies to support this link. Other studies have found no such link. There is currently no scientific consensus about the EMF issues except a general agreement that better information is needed. However, against this back drop, many Authorities (such as the World Health Organisation) appear to be altering their stance as research and epidemiological studies continue. The State Inquiry into Electromagnetic Radiation (2001) stated that “the Committee has found that while adverse health effects are not agreed upon, the existence of biological effects associated with radiofrequency radiation is now recognised”. Precautionary Principle & Policy of Prudent Avoidance While extensive scientific research has not concluded there is a health effect, epidemiological research carried out to date “has too many limitations to give reassurance that there is no hazard”. “There are gaps in the knowledge that have been identified for further research to better assess health risks”. (Source: Australian Radiation Protection & Nuclear Safety Agency 2003).




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There is a growing movement worldwide to adopt “precautionary approaches” for management of health risks in the face of scientific uncertainty. This principle recommends the consideration of action to avoid a possible harm even if it is not certain to occur. Various definitions and interpretations of the precautionary principle include three basic approaches:

1. Where there are threats of serious or irreversible damage, uncertainty should not be a reason for postponing action to prevent that damage

2. Where there are threats of serious or irreversible damage, precautionary measures should be taken even if cause-and-effect relationships are not clearly established

3. Whenever an action or substance could cause irreparable/irreversible harm, even if that harm is not certain to occur, the action should be prevented and eliminated. (Source: The Precautionary Principle and EMF, Dr Leeka Kheifets, WHO, 2001)

The Precautionary Approach is embodied in Australia’s Intergovernmental Agreement on the Environment and a number of international documents. An underlying principle of this Code is that public health and safety is of paramount importance. (Source: ACIF Code 2002 Explanatory Statement). The concept of prudent avoidance has also been adopted in various countries, which centres on taking steps to reduce exposure to electromagnetic fields as a way of dealing with a potential risk. Steps include rerouting facilities, and redesigning electrical systems and appliances. Given the epidemiological evidence for EMF effects has been strongest for childhood leukaemia and because children are often afforded extra protection, the call for a precautionary principle has been most vocal in relation to schools and day-care facilities. (Source: The Precautionary Principle and EMF, Dr Leeka Kheifets, WHO, 2001). Children Are Vulnerable Children absorb more radiation than adults. Given indications that there is a link between EMF exposure and childhood cancer, many recommend the application of the precautionary approach in situations with uncertainties about potentially serious health threats, until adequate data are available for more scientifically based assessments. A reduction in exposure to powerlines, towers, antennas and other similar electromagnetic radiation sources is advocated. Children are not small adults, but young, developing individuals who undergo great changes in just a few years. Because their organ systems are constantly developing and changing, they’re more vulnerable than adults to the effects of environmental contaminants and environmentally caused diseases. The body mass of children is also much smaller than adults, resulting in exposure to larger relative doses. In very young children the cancer development rate is much faster because their cell cycle is much quicker, their immune system is undeveloped and their melatonin production is very low. Children absorb up to 50% more radiation than adults (through the head) because of their thinner skulls. (Source: EMRAA submission to Senate Inquiry into EMR, 2000). “The effects of childhood exposures to environmental toxins can last a lifetime, so reducing childhood exposures is a critical part of environmental public policy”. (Source: National Institute of Environmental Health Sciences: www.niehs.nih.gov: April 2003).




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Relevant Legislation & Decisions/Recommendations 1. All facilities are required to comply with Australian Standards regarding maximum exposure 2. A Senate Enquiry into Electromagnetic Radiation (May 2001) led to the following recommendations from the Committee Chair:

• Recommendation 2.1: that, particularly in the light of recent reports on the links between powerlines, radio towers and leukaemia, additional research into extremely low frequencies and TV/radio tower exposure should be encouraged, and

• Recommendation 2.2: that precautionary measures for the placement of powerlines be

up-graded to include wide buffer zones, and undergrounding and shielding cables where practicable.

[www.aph.gov.au] 3. A 1996 review by the World Health Organisation concluded that “from the current scientific literature, there is no convincing evidence that exposure to radiofrequency shortens the lifespan to humans, induces or promotes cancer” but added that “further studies are needed to draw a more complete picture of health risks, especially about possible cancer risk from exposure to low levels of radiofrequency exposure”. This organisation has subsequently changed its views – in a Fact Sheet dated 3 October 2001, the WHO recommends that power line “siting decisions should also consider ways to reduce people’s exposure” (a turnaround from the previous 1998 Fact Sheet stating that “EMF field levels around transmission and distribution lines are not considered a health risk”. The WHO’s International Agency for Research on Cancer (IARC) in 2001 found that EMF is a Group 2B “Possible Carcinogen”. While this is the lowest classification, most governments restrict human access to substances similarly classified. [www.powerlinefacts.com] 4. Local Government Association of NSW (Nov 97) adopted planning controls to limit mobile phone masts to greater than 500m from residences, schools, child care centres, hospitals and nursing homes. 5. In 1997 Australia adopted a policy of Prudent Avoidance with regard to new transmission lines, with measures described by government as “general guidance” (including routing power lines away from schools, and phasing power line conductors to reduce magnetic fields near their rights of way.) 6. Australian Communications Industry Forum draft Industry Code “Deployment of Radiocommunications Infrastructure (ACIF Code 2002) requires Carriers to (in addition to meeting the regulatory requirements already imposed) adopt a precautionary approach to planning, installing and operating Radiocommunications infrastructure (both low impact and non low impact facilities), as well as consult with the local community.




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7. In 1999 the National Institute of Environmental Heath Science (NIEHS), following the six year RAPID research program, suggested in its final report a number of low-cost strategies to reduce exposures such as siting powerlines to reduce exposure, design of equipment to reduce magnetic fields. 8. The “Children with Leukaemia” website (www.leukaemia.org/annualreport2003) refers to numerous studies linking electromagnetic fields and childhood leukaemia, as well as ongoing ground breaking research into the electrical component of electromagnetic fields (most of the research to date has focused on the magnetic component). 6. Sir Harry Gibbs Enquiry into Community Needs & High Voltage Transmission Line Development (1991): concluded need for prudent avoidance in the siting of new electrical infrastructure to, minimise the exposure of the community to electric and magnetic fields because, while extensive scientific research has not concluded there is a health effect, epidemiological research carried out to date “has too many limitations to give reassurance that there is no hazard”. “There are gaps in the knowledge that have been identified for further research to better assess health risks”. (Source: Australian Radiation Protection & Nuclear Safety Agency 2003). 7. “Evidence that Electromagnetic fields from high voltage powerlines and in buildings are hazardous to human health, especially young children”: Dr Neil Cherry (2001), www.geocities.com/electricalconcerns. States causal relationship between extremely low intensity EMF exposure and childhood cancer (link supported by many epidemiological studies). Response of Other Councils

• Sutherland, Woollahra & Ashfield councils have developed a “Model Telecommunications & Radiocommunications” DCP (12 May 2003).

• Sutherland Child Care DCP states that towers & transmission lines are recognised as a health risk and that child care centres shall be no closer than 50 m to towers, antennas, transmission line easements or other similar electromagnetic sources. “If there are doubts over the suitability of any site, particularly regarding health or safety risks to children, then those sites must be rejected”. Location & positioning of child care centres that does not expose children to uncertain health or safety risks by the application of the “precautionary principle”.

• Sutherland Telecommunications DCP states the applicant must adopt a precautionary approach re minimising EMR exposures consistent with section 5.1 of the ACIF code. The applicant must also demonstrate particular consideration of likely sensitive land uses (one of which is childcare).

• Woollahra Telecommunications DCP states that the applicant should demonstrate particular consideration of likely sensitive land uses (child care centres).

• Ashfield Telecommunications Facilities Policy states that telecommunications towers be located 300m from schools and child care centres.




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• Bankstown Council Telecommunications Facilities DCP states that TF are not permitted within 300m of child care centres regardless of emission levels. Preference is to locate in industrial and business zones (if need to locate in residential emission levels should not exceed 0.2 microwatts cm2 per separate facility.

• Penrith Child Care DCP states child care centres not permitted on land on which there is an electricity transmission easement, mobile phone tower or similar, or on land immediately adjacent to those structures.

• Strathfield state to minimise the possible adverse health effects to children of EMR emitted from telecommunication facilities, child care centres should be no closer that 300m to existing mobile phone towers or antennas or transmission line easements or other similar electromagnetic radiation sources.

• Holroyd Child Care DCP: child care centres not to be within 100m of high voltage power lines of 33 kilovolts or more. Safe distance from mobile telephone base stations and towers.

• Ryde Child Care DCP: site analysis needs to consider potential hazards to the children using the facility – not near sites that may be hazardous to young children. Child care centres must be located in an area of relatively high environmental quality – site does not pose a risk to children and staff due to…electromagnetic hazards. Risk aversion principles must be applied when assessing suitability of a site.

• Burwood Child Care DCP: site selection should minimise the potential for environmental hazards, such as electro radiation. A child care centre must not be located within 30 metres of an electricity transmission line equal to or greater than 132 kilovolts.

Objective of Ensuring Health of Children Attending Centre

• A common objective of child care DCPs is to provide a safe and healthy environment for children in care.

• WCC DCP states as an objective: “to ensure a high quality of care that includes an educational component, safety and standard of facility for the children within child care centres”

• Bankstown objective: locate a child care centre in a safe and healthy environment • Strathfield: to ensure child care centres are located so as not to pose a health risk to

children using the centre. Other Health Considerations Other environmental hazards identified in child care DCPs include not locating on contaminated sites (eg contaminated soil), adjacent service stations or on old service station sites (fumes), next to heavy industry (air & noise pollution), in buildings affected by asbestos or lead, no swimming pools, not adjacent major roadways (air quality, traffic, access, safety), protection from excessive noise (aircraft, rail, industry), not adjacent waste depots/landfill sites or extractive industries, ultraviolet radiation protection, not adjacent LP Gas sites.




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Guidelines • Field strengths near towers kept below one volt per metre squared. • California: schools be at least 150 ft from high voltage transmission lines / power lines

greater than 230kV can’t go within 150 feet of a school. • 100ft: 100-110kV line • 150ft: 220-230 kV line • 250ft: 345kV line • New York: antennas 350ft from schools, daycare centres, parks, playgrounds, healthcare

facilities • Acceptable EMR limits/Safe EMR level: 1mG • Relevant Australian Standard does not provide adequate protection – allows public to be

exposed to 2uW/cm2 (microwatts per sq cm) whereas effects on the body have been shown at below 1uW/cm2.

• Several studies have linked high voltage power lines with increased risk for children. Research from the University of North Carolina and University of Colorado found a five-fold increase in childhood cancer, particularly leukaemia, in homes near the highest level of extremely low frequency fields. Homes showing increased cancer risk were within 48 feet of power lines designed to carry very high electric currents and within 22 feet of powerlines designed to carry lower currents. (Source: www.ehso.com – Environment, Health & Safety Online)

• IARC (2001) classification of 50 Hz magnetic fields of above 4mG as “possibly carcinogenic”. (www.emraustralia.com.au)

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