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Class 1 — Merit appeal Hawkesbury City Council 21 May 2026

Sembu v Hawkesbury City Council [2026] NSWLEC 1293

Before: Walsh C · NSW Land and Environment Court

Trees / LandscapingConciliation / AgreementDemolitionBiodiversity

Summary

DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders

Catchwords

DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders

Outcome

The Court orders: (1) The appeal is upheld. (2) Development application DA0214/25 for the demolition of existing structures, removal of identified trees and vegetation and the construction of a two-storey, 100 places ‘Centre-based Child Care Facility’ with a carpark, is determined by the grant of consent, subject to the conditions contained at Annexure ‘A’.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW) ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW) s 34      Education and Care Services National Regulations ss 107, 108 Environmental Planning and Assessment Regulation 2021 (NSW) Hawkesbury Local Environmental Plan 2012 s 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6 Pt 6.2 ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.13, 6.21 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Chs 2, 3 ss 2.48, 3.22, 3.23

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Authoritative text on NSW Caselaw · ~11k words

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