A nearly $5 million childcare centre has been approved despite being originally refused by Penrith City Council.
The two-storey centre, approved to go up at 86-88 Sydney Street in St Marys, will have capacity for 120 children along with a basement car park.
Construction at the site is predicted to cost $4,724,770 and it is expected to operate between 7am and 6pm Monday to Friday.
The Development Application (DA) was denied by Penrith City Council in July of 2023 but was successfully appealed in the Land and Environment Court.
This is the latest in a slew of childcare centre DA’s that have been denied by Penrith City Council and later overturned in the Land and Environment Court.
At Monday night’s Ordinary Council Meeting Penrith City Councillors voted to publicly exhibit a draft amendment to the Penrith Development Control Plan (DCP) 2014 which would refocus objectives, broaden and strengthen controls for childcare centre developments.
“Chapter D5 – 5.2 Child Care Centres is being prioritised in response to immediate challenges being experienced in the assessment of Development Applications (DA) and defence of appeals within the NSW Land and Environment Court (LEC),” the Council report said.
The draft amendment will enable Penrith Council to make assessments on future childcare DAs and ensure they are properly guided in their built form and landscaping controls, apply current industry standards and guidelines, provide improved justification for assessment recommendations and decision making and strengthen alignment to Council’s social infrastructure and strategic planning.
Over the last three years Penrith City Council have received 120 childcare DAs of which approximately one in eight have been appealed in court.

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.