Scaife v Hawkesbury City Council [2026] NSWLEC 1252
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL — centre based child care facility — conciliation conference — agreement between the parties — orders
Catchwords
DEVELOPMENT APPEAL — centre based child care facility — conciliation conference — agreement between the parties — orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development Application No. DA0072/23, as amended, for the construction of a centre based child care facility for 198 children, associated car parking and signage on land legally described as Lot 1 in DP578318 and known as 537 Terrace Road, Freemans Reach NSW 2756, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), Div 4.8, ss 4.16, 8.7, 10.3, Sch 1 Pt 2 cl 23 Land and Environment Court Act 1979 (NSW), s 34 Rural Fires Act 1997 (NSW), s 100b State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 4 ss 4.9, 6.1, 6.6, 6.7, 6.8, 6.9, 6.12 State Environmental Planning Policy (Industry and Employment) 2021 ss 3.1, 3.6 State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 2 ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Ch 3 ss 3.23, 3.26 Hawkesbury Local Environmental Plan 2012 cl 4.3, 6.1, 6.4, 6.7
Read the full judgment
Authoritative text on NSW Caselaw · ~24k words
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