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Class 1 — Merit appeal Georges River Council 04 November 2026

Habib Hamade v Georges River Council [2026] NSWLEC 1732

Before: Young AC · NSW Land and Environment Court

Density / Bulk & ScaleSetbacksCharacter / StreetscapeTraffic / ParkingNoise / AmenityConciliation / AgreementDemolitionStormwater / Drainage

Summary

This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal by Georges River Council (the Council) of Development Application No. DA2026/0124 (DA). The DA seeks consent for the demolition of existing structures and the construction of a new two storey dwelling house with basement parking and in-ground swimming pool and spa, cabana and associated landscaping on land known as Lot 11 DP 554491 at 244 Connells Point Road, Co

Catchwords

APPEAL — residential development application — adequacy of arrangements for stormwater drainage

Outcome

The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA2026/0124 for the demolition of existing structures and the construction of a new two storey dwelling house with basement parking and in-ground swimming pool and spa, cabana and associated landscaping on land known as Lot 11 DP 554491 at 244 Connells Point Road, Connells Point, NSW 2221 is determined by refusal of consent. (3) The exhibits are returned except for exhibits A-C, 4 and 6.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7   Georges River Local Environmental Plan 2021, cll 2.3, 6.3, 6.9

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