A Gungahlin childcare centre's operators believe a development proposed next to the centre could be in breach of the UN Convention against the rights of the child treaty.
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The operators of the YMCA Canberra Gungahlin centre said the Empire Global development could breach eight articles of the convention, including the right that children are protected from exploitation, abuse or harm and a number of articles in relation to the responsibilities centred on ensuring maximum development and protecting children from activities that could harm their health and development.
But a spokesperson for the company behind the proposed development said the original design had already been modified to take into account potential impact on the childcare centre.
YMCA Canberra chief executive officer Darren Black said the development was not only inappropriate from a planning perspective, but he was concerned no consideration had been given to the safety and welfare of the children.
"What we're talking about here is access to sunshine and light and privacy and the impacts of the actual construction where they're going to be exposed to the dust and the noise, cranes overhead and concrete trucks daily," he said.
Air Apartments was downsized from two 26-storey towers to heights ranging from eight stories to the tallest tapering element stepping from 12 to 18 stories after community concerns.The new proposal is for 296 residential units, commercial ground level use and space for 390 cars.
Mr Black said the developers had not approached the centre about the second proposal.
"There are major safeguarding of children issues with 73 apartments to look directly into the outdoor play area, indoor rooms and changing areas of the [early learning centre]."
A previously reported survey conducted by Judd Studio, the architecture firm looking over the project, said 10 per cent of people supported the height of the building and about 20 per cent responded in support of the design, saying it was good for Gungahlin.
YMCA Canberra Gungahlin early learning centre director Lauren Dunn said it was important for a child's development to be exposed to natural light and be outside. She was worried about who might be living in the towers.
"We have a duty of care for the children to make sure that they are safe and that they have privacy at all times," Ms Dunn said.
"I mean anyone can reside really in that tower and what we're worried is that they can look into the play space and nappy change areas as well. That's a really big concern that we have.
"It's supposed to be a construction site for two to three years, which of course is an increased risk to our families."
One of her main concerns was the traffic and dust created during construction.
"We've started to do a lot of outdoor sleeping as part of our philosophy so the children can have access to fresh air and sunlight when they're sleeping as well, and that's something that we'll have to stop for this project."
Empire Global said it had invited the centre to a Gungahlin Community Council meeting in August when it had presented a revised scheme.
A spokesman said concerns were raised at the meeting in regards to the potential of overlooking of playgrounds, overshadowing, traffic and safety.
"In response to these concerns, a modified design incorporating privacy screening, off street parking, shared roads and pavement lighting and a signage strategy for the shared access has been devised," the spokesman said.
"Empire Global has also discussed the potential to incorporate visually interesting site fencing in collaboration with the childcare centre to ensure there is no negative visual impact to the children during construction."
The fencing might include pictures and words to support learning or showcase some of the children's drawings, the spokesman said.
He said proposed application was consistent with the permissible uses under the Territory Plan and the Gungahlin Precinct Code for that zone.
