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Class 1 — Merit appeal Canterbury-Bankstown Council 21 October 2026

St. Mary & Angels Pty Limited v Canterbury-Bankstown Council [2026] NSWLEC 1706

Before: Swan AC · NSW Land and Environment Court

DemolitionStormwater / Drainage

Summary

APPEAL – development application – consent sought for deemed refusal appeal – DA approved by council – centre based child care facility – drainage easement through downstream properties resolved through separate court proceedings – deferred commencement condition for drainage easement no longer requ

Catchwords

APPEAL – development application – consent sought for deemed refusal appeal – DA approved by council – centre based child care facility – drainage easement through downstream properties resolved through separate court proceedings – deferred commencement condition for drainage easement no longer required – contentions resolved – community submission – orders made

Outcome

The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA-1684/2023, for consolidation of three lots, demolition of existing structures and removal of identified trees, and construction of a centre-based child care facility (156 places) over a basement carpark on land known as 118, 120 and 122 Gurney Road, Chester Hill (legally described as Lot 13, 14, 15 in DP 15033), subject to the conditions of consent contained at Annexure A. (3) The exhibits are returned with the exception of exhibit A, which is retained.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 4.53, 8.7, 8.10, 8.11, 8.13   Canterbury-Bankstown Local Environmental Plan 2023, cll 2.2, 2.3, 2.7, 4.1, 4.3, 4.4, 6.1, 6.2, 6.3, 6.13, 6.15 Education and Care Services National Regulations 2011 (NSW), ss 107,108 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 76 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.10 (repealed) State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.6, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.25, 3.26

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