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Class 1 — Merit appeal Blacktown City Council 19 May 2026

Blacktown Childcare Holdings Pty Ltd v Blacktown City Council [2026] NSWLEC 1280

Before: Targett C · NSW Land and Environment Court

Traffic / ParkingTrees / LandscapingNoise / AmenityClause 4.6 VariationConciliation / AgreementDemolitionBiodiversityStormwater / Drainage

Summary

APPEAL — Development application — childcare centre — conciliation conference — agreement between the parties — orders

Catchwords

APPEAL — Development application — childcare centre — conciliation conference — agreement between the parties — orders

Outcome

The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA-25-00205, as amended, for the demolition of existing structures, consolidation of two lots into one, tree removal, and construction of a centre-based child care facility for 91 children including at-grade car parking, associated civil works, landscaping and acoustic fencing on land legally described as Lot B in DP 385866 and Lot 4 in DP 547412, known as 17 Lancaster Street and 131A Kildare Road, Blacktown NSW 2148, and on land legally described as CP/SP81542, known as 2 Chester Street, Blacktown NSW 2148, and Lots 1-2, 4-10 in SP 81542, known as Units 1-2 and 4-10, 2 Chester Street, Blacktown NSW 2148, is determined by the grant of development consent subject to the conditions at Annexure A.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW) ss 8.7, 8.10, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34   Education and Care Services National Regulations 2011, cll 107, 108 Blacktown Local Environmental Plan 2015 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.25, 3.26,

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