The Land and Environment Court, rather than Sutherland Shire Council, gave the go-ahead for a new, 174-place childcare centre at Kirrawee.
It is understood the applicant applied to the court on the grounds the development application (DA) was deemed to have been refused because it was not determined within 40 days.
The DA was lodged on September 7 last year.
The council has been asked for comment.
Conditional approval has been given to convert a former car yard site at Kirrawee into a child care centre for 174 children.
The centre will be located on the corner of Princes Highway and Oak Road, opposite the brick pit development, South Village.
Sutherland Shire Council announced deferred commencement approval, meaning the applicant must satisfy specified conditions before work can start.
The conditions were not given on the council website.
The long day care centre will occupy the site where Dominelli Ford was situated before it moved along the highway to the north.
A development application (DA) said he project, costing $1.9 million, would involve alterations and additions to the existing building, with facilities spread over two levels.
Vehicles would continue to enter from Oak Road, and there would be 44 on-site parking spaces.
The DA said the centre would cater for children aged from birth up to six years, and operate from 6.30am to 6.30pm, Monday to Friday, excluding public holidays.
It was proposed that at any one time that there would be a maximum of 174 children on-site .
They would comprise: 0 to two years – up to a maximum of 44 children; two to three years – up to a maximum of 60 children; three to six years – up to a maximum of 70 children.
The DA said there would be 30 educational staff and three support staff.
Being next to Princes Highway did not present an air quality risk, the DA said.
Indicative background levels of carbon monoxide, nitrogen dioxide, airborne particulate matter (PM10), airborne particulate matter (PM2.5), lead and benzene had been assessed as being substantially lower than relevant health requirements.