New ECEC service on the way for St Clair despite original Council refusal

A new long day care service with the capacity to educate and care for over 60 children will be built in the New South Wales suburb of St Clair, near Penrith, despite it being originally refused by Penrith City Council.
The development application in relation to the service has been approved by the Land and Environment Court, paving the way for the demolition of the existing building at 2 Coowarra Drive, St Clair to make way for the service which will also include basement level parking and dedicated learning spaces.
Locals have been vocal in their opposition to the build, a position supported by the Council which refused the development application in 2023, citing inconsistencies with multiple pieces of legislation.
“The proposal is significantly non-compliant with development standards, controls and objectives contained within State Environmental Planning Policy (Transport and Infrastructure) 2021, Penrith Local Environmental Plan 2010 and Penrith Development Control Plan 2014,” the Delegate Report attached to the DA said.
“These non-compliances indicate the site is not suitable for the development as proposed and the proposal is not suitable having regard to critical considerations that inform appropriate and orderly development outcomes.”
Despite these findings, the developer went to the Land and Environment Court to appeal, at which time the application was granted approval subject to a series of amendments related to improved landscape and building outcomes, operational, noise mitigation and construction mitigation.
Concerns from locals centred around the number of existing long day care services in the area, noise levels, and privacy issues, as well as objections to the scale and character of the development, overshadowing, construction impacts, proposed operation hours, potential traffic impacts, insufficient car parking, and the impact on property values in the area.
Planning for the service continues, in light of the recent Land and Environment Court finding.
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