Plans before Orange City Council state part of the land in Turner Crescent proposed for subdivision is owned by Australian Childcare Solutions.

The childcare centre, developed by ACS, was first opposed by several residents in 2017 with the dispute going to the NSW Land and Environment Court. It is now under construction.

The development application to subdivide nearby land at 36-40 Turner Crescent into eight lots said 612 of the total 4000 square metres was owned by ACS, with the majority owned by Robert David Cianfrano. The applicant is Kueb Pty Ltd.

Just five houses take up a similar frontage area on the opposite side of the road.

Four of the proposed lots would be less than 500 square metres with the smallest 418 square metres.

They are all larger than the minimum lot size allowed for the area under planning guidelines but the number of lots requires the subdivision to go on exhibition.

"The proposed development is identified as requiring advertised exhibition being [a] Torrens subdivision which would create three or more additional lots than what has been planned for," the DA states.

The DA is on exhibition at council until Monday, May 3.

All the lots would access Turner Crescent with a public reserve at the rear to separate them from Molong Road.

"The land is located within an established neighbourhood which predominantly includes single-storey detached residential dwellings," it said.

"A childcare centre has been approved for a site in close proximity to the subject land approximately 25 metres to the north. The development does not propose to rezone land or introduce new land uses to the locality."

ACS lost two cases in the NSW Land and Environment Court in 2017 and 2018 to have a 124-place childcare centre approved in Turner Crescent. The court ruled it was too bulky for the site and was not in keeping with the character of the street.

However, a major re-design including cutting the number of childcare places to 94 was approved.

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