Nabeeka Meemaduma is one such provider who has been exempt from ­potentially costly council approval – but a review of fire regulations looks certain to change this.

“I’m not sure if [the council] might need me to change something and it might be ­difficult because we’re renting,” she said. 

NSW Rural Fire Service, which assesses many residential and business development applications across Maitland, has advised council that home-based childcare needed scrutiny too.

NSW RFS community resilience group manager Corey Shackleton said under ­bushfire legislation the service had a duty to protect vulnerable community groups including nursing home patients and children. 

“The RFS has worked closely with childcare bodies to make sure we don’t create undue red tape,” he said.

Mrs Meemaduma, who is part of the Jellybeans Family Daycare network, feared the process could jeopardise a job that enabled her to stay at home with her five-year-old son, Linu.

“If they ask me to change anything it could be expensive,” she said.

Council drafted the change in a review of the Maitland local environment plan 2011.

Council will consider the revised LEP tomorrow night and is expected to place the document back on public exhibition for 14 days. 

Jellybeans east coast director Daniel McTiernan said it was nonsense for council to require all home-based childcare providers in Maitland to meet the conditions regardless of bushfire risk when other councils did not.

“If those [other] areas are defined as fire prone they need a development application anyway,” he said.

Childcare ratios mean these home-based services rarely accommodate more than five children at a time [five children to one carer] and are run on tight budgets.

“It’s really no different to someone who has a big family,” Mr McTiernan said, disputing the need for blanket assessment of such facilities.  

“This requirement will have a huge impact on setting up a childcare facility and the ability of educators to earn money.”