Warnervale childcare centre refused over trees, biodiversity and public open space

A proposed childcare centre at 23-35 Albert Warner Drive, Warnervale, has been refused after the Central Coast Local Planning Panel found it conflicted with requirements to retain the site’s trees and vegetation and preserve its park and public-open-space function.

The application, DA/434/2026, was assessed against Condition 5.14 of an earlier approval, DA/1894/2023. That condition requires all trees and vegetation on the site to be retained. It also identifies the site’s use as a park and its revegetation under an approved landscape plan as essential to avoiding and minimising biodiversity impacts.

The panel found the proposal did not address the avoid-and-minimise requirements of section 6.3(a) of the Biodiversity Conservation Act 2016.

It also found the childcare centre inconsistent with the objectives of the RE1 zone under the Central Coast Local Environmental Plan 2022. Those objectives include providing land for public open space and recreation and protecting and enhancing the natural environment for recreational purposes.

Other grounds for refusal included a failure to address sustainable-building requirements and comply with the Childcare Planning Guideline 2021. The panel cited the development’s bulk and scale, front setback, visual privacy impacts and non-compliant side and rear setbacks.

It also found the proposal did not respond appropriately to the area’s residential character and that its landscaping would not contribute positively to the streetscape. The application did not provide enough information about potential noise and traffic impacts, or demonstrate adequate arrangements for stormwater, sewer, access and waste services.

The application was refused under section 4.16(1) of the Environmental Planning and Assessment Act 1979 after a virtual site inspection and consideration of the application, council assessment report and memorandums dated 16 and 17 September. Applicant Matthew Wales and his representative, Bill Yassine, addressed the panel before the public meeting closed.

External referral bodies are to be notified. The applicant can consider revising or resubmitting the proposal, or pursuing available statutory review or appeal options, although no timeframe was specified. The next Local Planning Panel meeting is scheduled for 22 October 2026.