A childcare centre catering for over 60 children will be built at St Clair despite Penrith City Council originally refusing it.
The controversial Development Application (DA) has been approved by the Land and Environment Court.
It paves the way for the demolition of the existing building at 2 Coowarra Drive, St Clair and the construction of a childcare facility designed to cater for over 60 children with basement car parking.
Council refused approval for the DA 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.”
The refusal was appealed to the Land and Environment Court where the DA was granted approval in January subject to a series of amendments.

The amendments relate to improved landscape and building outcomes, operational, noise mitigation and construction mitigation.
The original DA was exhibited publicly in 2023 and received seven submissions from the public, each raising concerns with the proposal.
The concerns included the number of childcare centres already in the area, noise and privacy issues, 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.
Nearby residents Jillian and Joe Hina shared their concerns about the development.
“Their proposal for a driveway into the site is impractical due to the traffic. Timing of drop-offs will be close to dropping and picking kids up from school directly opposite and in front of the preschool. Most people will not use the drop-off area in the basement of the preschool adding to the congestion,” they said.
“One child has been hit by a car on our street at school pick-up and that was due to parents double parking. Luckily, this child was not seriously hurt.”
“The noise in our immediate area will increase due to where the play area is going to be situated. We have the school lunch and recess and now they want to add children playing, yelling and crying all day.
“There is enough preschools in our area to cater for the children. These are our opinions, not that we’ll be listened to.”
Planning for the centre continues.

Emily Chate
Emily Chate joined The Western Weekender in 2024, and covers local news - primarily courts and politics. A graduate of the University of Wollongong, Emily has contributed to The Daily Telegraph and worked as a freelance journalist.