Smith v Roads and Traffic Authority of New South Wales [2005] NSWLEC 438

Smith v Roads and Traffic Authority of New South Wales [2005] NSWLEC 438

The fixing of the by-pass alignment caused the loss of the urban potential of the acquired land and the applicant's land up to the ridgeline, and the 7(c) catchment zoning of the balance up to the ridgeline could not be justified independently of the road proposal. Applying s 56(1)(a), the public purpose effects of the by-pass proposal had to be disregarded. But for that proposal, the land would have been released for urban purposes and, by the date of acquisition, would have been zoned 2(a) Living Area.

Jurisdiction
Australia
Judgment Date
30 August 2005
Procedural Posture
Valuation of Land; Compulsory Acquisition Compensation Claim / Determination of Separate Questions Under Pt 31 of the Supreme Court Rules 1970
Outcome
Separate questions answered in favour of recognising 2(a) Living Area zoning but for the by-pass proposal.
Legal Topics
['compulsory Acquisition' 'market Value' 'public Purpose Disregard' 'zoning and Rezoning' 'land Acquisition (just Terms Compensation) Act 1991 S 56(1)(a)' 'by Pass Road Proposal']
['land Acquisition' 'planning and Environment' 'valuation of Land'] ['compulsory Acquisition' 'market Value' 'public Purpose Disregard' 'zoning and Rezoning' 'land Acquisition (just Terms Compensation) Act 1991 S 56(1)(a)' 'by Pass Road Proposal']

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Procedural Posture

Valuation of Land; Compulsory Acquisition Compensation Claim / Determination of Separate Questions Under Pt 31 of the Supreme Court Rules 1970

Legal Issues

  1. 1 ['Whether the zoning, or failure to change zoning, of land zoned 7(c) Environment Protection (Water Catchment) was caused by the proposal to carry out the Alstonville by-pass.' 'What prospect there was of zoning or rezoning the relevant land to 2(a) Living Area, 2(b) Village or 1(a1) Rural if it had not been zoned 7(c) Environment Protection (Water Catchment).' 'What prospect there was of zoning or rezoning the resumed land zoned 9(a) (Main Roads Proposed) to 2(a) Living Area, 2(b) Village or 1(a1) Rural if it had not been zoned 9(a).' 'Whether, at the date of acquisition, the land would have been zoned 2(a) Living Area, 2(b) Village or 1(a1) Rural but for the 7(c) and 9(a) zonings.' 'Whether Sydney Harbour Foreshore Authority v Walker Corporation Pty Ltd altered the traditional approach to s 56(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991.']

Ratio Decidendi

The fixing of the by-pass alignment caused the loss of the urban potential of the acquired land and the applicant's land up to the ridgeline, and the 7(c) catchment zoning of the balance up to the ridgeline could not be justified independently of the road proposal. Applying s 56(1)(a), the public purpose effects of the by-pass proposal had to be disregarded. But for that proposal, the land would have been released for urban purposes and, by the date of acquisition, would have been zoned 2(a) Living Area.

Court Disposition

Separate questions answered in favour of recognising 2(a) Living Area zoning but for the by-pass proposal.

Orders

  • ['Question 1: Yes.' 'Question 2: At the date of acquisition the prospect of rezoning to 2(a) Living Area was highly likely and had been since at least 1989; in the early 1970s there was a reasonable prospect of rezoning to village.' 'Question 3: At the date of acquisition the prospect of rezoning to 2(a) Living Area...