Keller and Keller v Blacktown City Council [2023] NSWLEC 133

Keller and Keller v Blacktown City Council [2023] NSWLEC 133

Absent the public purpose, the Acquired Land would have been zoned R2 residential, with potential for two dwellings; market value at the date of acquisition is $700,000 based on the direct comparison method and appropriate adjustment to the September 2020 sale of a comparable property, with $550 additional compensation for disturbance.

Jurisdiction
Australia
Judgment Date
30 November 2023
Procedural Posture
Class 3 / Principal Judgment
Outcome
Applicants entitled to compensation and costs.
Legal Topics
['compensation Assessment' 'market Value Determination' 'public Purpose Characterisation' 'zoning for Valuation' 'comparable Sales Methodology']
['compulsory Acquisition' 'land Valuation'] ['compensation Assessment' 'market Value Determination' 'public Purpose Characterisation' 'zoning for Valuation' 'comparable Sales Methodology']

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Procedural Posture

Class 3 / Principal Judgment

Legal Issues

  1. 1 ['Assessment of compensation under ss 55(a) and (d) Land Acquisition (Just Terms Compensation) Act 1991 (NSW)' 'Whether zoning is a consequence of public purpose and is to be disregarded under s 56(1)(a)' 'Determination of underlying zoning absent the public purpose' 'Highest and best use for market value calculation' 'Appropriate method and comparable sales for market value']

Ratio Decidendi

Absent the public purpose, the Acquired Land would have been zoned R2 residential, with potential for two dwellings; market value at the date of acquisition is $700,000 based on the direct comparison method and appropriate adjustment to the September 2020 sale of a comparable property, with $550 additional compensation for disturbance.

Court Disposition

Applicants entitled to compensation and costs.

Orders

  • ['Compensation for acquisition of Lot 197 in DP 1007 (197 Bligh Street, Riverstone) determined at $700,550 comprising $700,000 for market value and $550 for disturbance.' 'Blacktown City Council to pay applicants’ costs as agreed or assessed.']