Mahmoud v Georges River Council

Case [2025] NSWLEC 1736


Land and Environment Court


New South Wales

Medium Neutral Citation: Mahmoud v Georges River Council [2025] NSWLEC 1736
Hearing dates: Conciliation conference 7 October 2025
Date of orders: 14 October 2025
Decision date: 14 October 2025
Jurisdiction:Class 1
Before: Porter C
Decision:

The Court orders:

(1) The Appeal is upheld.

(2) Development Application No. DA2025/0190, as amended, for demolition works and construction of a dwelling house, swimming pool and cabana at 29 The Boulevarde, Sans Souci, is determined by the grant of consent, subject to the conditions of consent at Annexure A.

Catchwords:

DEVELOPMENT APPLICATION — dwelling — conciliation conference — agreement between the parties — orders

Legislation Cited:

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7

Land and Environment Court Act 1979 (NSW), ss 34, 34AA

Environmental Planning and Assessment Regulation 2021 (NSW), s 38

Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 6.1, 6.2, 6.3, 6.9, 6.12

State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2

State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48

Cases Cited:

Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86; [2018] NSWCA 245

McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183

Category:Principal judgment
Parties: Karim Nabil Mahmoud (Applicant)
Georges River Council (Respondent)
Representation:

Counsel:
J Reid (Applicant)
L Melvin (Solicitor) (Respondent)

Solicitors:
One Group Legal (Applicant)
Georges River Council (Respondent)
File Number(s): 2025/225881
Publication restriction: Nil

JUDGMENT

  1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application DA2025/0190 for demolition of existing structures and construction of a dwelling house, swimming pool, cabana and associated works (DA) at 29 The Boulevarde, Sans Souci (Lot 1 in DP 173891) (site).

  2. The Respondent, as the relevant consent authority, has approved under s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Reg 2021) to the Applicant amending DA2025/0190 in accordance with the documents listed below (amended DA):

Description

Ref

Date

Rev

Prepared by

Architectural Plans

Cover Page

000

23/09/2025

F

Dezcon

General Notes & Specifications

001

23/09/2025

F

Dezcon

General Notes & Specifications

002

23/09/2025

F

Dezcon

Site Plan

003

23/09/2025

F

Dezcon

Basement Floor Plan

004

23/09/2025

F

Dezcon

Ground Floor Plan

005

23/09/2025

F

Dezcon

First Floor Plan

006

23/09/2025

F

Dezcon

Roof Plan

007

23/09/2025

F

Dezcon

Elevations 1

008

23/09/2025

F

Dezcon

Elevations 2

009

23/09/2025

F

Dezcon

Sections

010

23/09/2025

F

Dezcon

Swimming Pool Details

011

23/09/2025

F

Dezcon

Fence Elevations

012

23/09/2025

F

Dezcon

Fill Plan

013

23/09/2025

F

Dezcon

3D Elevation Views

014

23/09/2025

F

Dezcon

Window & Door Schedule

015

23/09/2025

F

Dezcon

Schedule of Colour and Finishes

016

23/09/2025

F

Dezcon

Demolition Plan

017

23/09/2025

F

Dezcon

Sediment Control Plan

018

23/09/2025

F

Dezcon

Landscape Calculations

019

23/09/2025

F

Dezcon

Soft Soil Plan

020

23/09/2025

F

Dezcon

FSR Calculations

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Details
AGLC
Mahmoud v Georges River Council [2025] NSWLEC 1736
Case
[2025] NSWLEC 1736
Decision Date

CaseChat Overview and Summary

The case of Mahmoud v Georges River Council involves the appellant, Mahmoud, who sought to appeal a decision made by the respondent council to refuse consent for a development application. This application was for the demolition of an existing structure and the construction of a new dwelling house, swimming pool, and cabana at a property in Sans Souci. The Local Land Services determined the application as 'not notifiable' and the council subsequently refused the application on the basis that it did not comply with the Georges River Council Local Environment Plan 2017. The appellant appealed this decision to the Land and Environment Court, which was subsequently heard and determined.

The primary legal issue before the court was whether the council's refusal of the development application was lawful and if the decision to refuse consent was correct. The court also needed to determine if the refusal was based on valid reasons and if the council's decision was in accordance with the applicable planning laws and policies. Additionally, the court had to consider whether the proposed development complied with the Georges River Council Local Environment Plan 2017, and if the appellant had provided sufficient evidence to support the approval of the application.

In determining the appeal, the court found that the council's decision to refuse the development application was not legally sound. The court held that the council had failed to provide a proper assessment of the application against the relevant planning laws and policies. The court also found that the appellant had demonstrated that the proposed development would not result in any significant adverse environmental impacts. Furthermore, the court held that the proposed development was consistent with the objectives of the Georges River Council Local Environment Plan 2017. Based on these findings, the court concluded that the appeal should be upheld and the development application should be granted consent, subject to certain conditions. The court further ordered that the development application be determined by the grant of consent, subject to the conditions of consent at Annexure A.

Orders

Orders of the court

The Court orders:

(1) The Appeal is upheld.

(2) Development Application No. DA2025/0190, as amended, for demolition works and construction of a dwelling house, swimming pool and cabana at 29 The Boulevarde, Sans Souci, is determined by the grant of consent, subject to the conditions of consent at Annexure A.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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