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Appeal against Council court case results in developer being fined $80,000

12/05/2020

Georges River Council had a win at the Land and Environment Court (Court) on  23 April 2020, with the Court upholding two fines of $30,000 previously imposed by the Sutherland Local Court on Ahmad Hijazi for offences against the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act).
 
The Court reduced two other fines previously imposed on Mr Hijazi by the Sutherland Local Court from $30,000 to $10,000. Mr Hijazi was fined a total of $80,000 for offences relating to carrying out development in breach of the EPA Act at a property located in Connells Point.
                                                                                                                         
Speaking of the original decision in the Sutherland Local Court, Mayor of Georges River Council, Kevin Greene said: “The outcome of this court case sends a strong message that Council will not tolerate breaches of development consent, and takes this matter very seriously.
 
“These rules are in place to ensure proper management, development and conservation in the Georges River area and facilitate sustainable development practises,” added Mayor Greene.
 
Mr Hijazi was fined for undertaking development not in accordance with consent regarding four separate incidents, including excavation carried out to boundaries of the site that was not authorised by the consent.
 
The offender was also hit with a fine for excavation which took place in a sub-floor area of the house that was not in accordance with the consent, and which resulted in an increase in the size of the house.
 
Mr Hijazi did not construct a swimming pool and retaining walls in accordance with the consent, and built a lift shaft in the entrance foyer of the house, resulting in further offences.
 
The offender had previously received convictions for each offence and was required to pay the Prosecutor’s professional costs in the Local Court of $3,500.00.
 
For information on Georges River Council, please visit www.georgesriver.nsw.gov.au or call 9330 6400.
 
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