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Class 1 — Merit appeal Hawkesbury City Council 07 May 2026

Scaife v Hawkesbury City Council [2026] NSWLEC 1252

Before: Espinosa C · NSW Land and Environment Court

Traffic / ParkingTrees / LandscapingConciliation / AgreementBiodiversityBushfire

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

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