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
Category: Principal judgment Parties: Karim Nabil Mahmoud (Applicant)
Georges River Council (Respondent)Representation: Counsel:
Solicitors:
J Reid (Applicant)
L Melvin (Solicitor) (Respondent)
One Group Legal (Applicant)
Georges River Council (Respondent)
File Number(s): 2025/225881 Publication restriction: Nil
JUDGMENT
-
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).
-
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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- AGLC
- Mahmoud v Georges River Council [2025] NSWLEC 1736
- Case
- [2025] NSWLEC 1736
- Decision Date
CaseChat Overview and Summary
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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