Childcare Developer Pty Ltd v Fairfield City Council [2026] NSWLEC 1344
Before: Dickson C · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application DA 182.1/2024. The development is proposed at 123 McBurney Road, Cabramatta (Lot 31 Section 6 DP 1157). The appeal was subject to conciliation on 27 July 2025 in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (NSW) (LEC Act).
Catchwords
DEVELOPMENT APPLICATION: demolition and construction of centre based childcare centre – amended plans and documents – contentions resolved by amendments and expert evidence – appeal upheld.
Outcome
The Court orders that: (1) The appeal is upheld. (2) The development application No. 182.1/2024 for the demolition of existing structures and construction of a two-storey centre based childcare facility accommodating 73 children, including 18 at-grade parking spaces, site works, stormwater and landscaping works at 123 McBurney Road, Cabramatta (Lot 31 Section 6 DP 1157) is determined by the grant of consent subject to the conditions in Annexure A.
Legislation cited
Dividing Fences Act 1991 (NSW) Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Education and Care Services National Regulations 2011 (NSW) Environmental Planning and Assessment Regulations 2021 (NSW), s 23 Fairfield Local Environmental Plan 2013, cll 2.7, 4.3, 4.4, 5.21, 5.22, 6.2, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, Div 2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.25, 3.26, 3.27
Read the full judgment
Authoritative text on NSW Caselaw · ~26k words
Related decisions
La Luce 77 Pty Ltd v Fairfield City Council [2026] NSWLEC 1300
Fairfield City Council · 28 May 2026
ABA Square Pty Ltd v Fairfield City Council [2026] NSWLEC 1369
Fairfield City Council · 21 May 2026
Henry Fraser Pty Ltd v Northern Beaches Council [2026] NSWLEC 1382
Northern Beaches Council · 30 June 2026
132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Wollongong City Council · 30 June 2026
Thiyagalingam v Inner West Council [2026] NSWLEC 1393
Inner West Council · 30 June 2026
Encore Australia Management Pty Ltd v Georges River Council [2026] NSWLEC 1396
Georges River Council · 30 June 2026