Constantine v Blacktown City Council (No 2) [2016] NSWLEC 81

Constantine v Blacktown City Council (No 2) [2016] NSWLEC 81

The underlying zoning for valuation purposes must disregard the public purpose, and for the western portion of the land, the correct underlying zoning absent the public purpose is E2 Environmental Conservation. There is no realistic prospect of up-zoning this portion to R2. Compensation must be assessed accordingly. Disturbance claims are limited to costs actually related to compulsory acquisition for the current use, not prospective uses.

Jurisdiction
Australia
Judgment Date
06 July 2016
Procedural Posture
Compulsory Acquisition Compensation Claim / Judgment Following Hearing
Outcome
Compensation and disturbance claim allowed in part; determination of compensation for compulsory acquisition; short minutes of order to be provided by parties.
Legal Topics
['compulsory Acquisition' 'valuation for Compensation' 'disturbance Claims' 'land Use Zoning' 'environmental Conservation Zoning']
['administrative Law' 'property Law' 'planning Law' 'environmental Law'] ['compulsory Acquisition' 'valuation for Compensation' 'disturbance Claims' 'land Use Zoning' 'environmental Conservation Zoning']

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Procedural Posture

Compulsory Acquisition Compensation Claim / Judgment Following Hearing

Legal Issues

  1. 1 ["What is the appropriate compensation for the compulsory acquisition of Mr Constantine's land?" 'What is the correct underlying zoning of the acquired land for valuation purposes, disregarding the public purpose?' 'Is there a realistic prospect of up-zoning the western area from E2 to R2?' 'Which disturbance costs are recoverable under s 59 of the Land Acquisition (Just Terms Compensation) Act 1991?']

Ratio Decidendi

The underlying zoning for valuation purposes must disregard the public purpose, and for the western portion of the land, the correct underlying zoning absent the public purpose is E2 Environmental Conservation. There is no realistic prospect of up-zoning this portion to R2. Compensation must be assessed accordingly. Disturbance claims are limited to costs actually related to compulsory acquisition for the current use, not prospective uses.

Court Disposition

Compensation and disturbance claim allowed in part; determination of compensation for compulsory acquisition; short minutes of order to be provided by parties.

Orders

  • ['Compensation for the acquired land assessed at $7,818,900.' 'Mr Constantine entitled to disturbance costs of $53,667.88 (excluding amounts for Edmonds Associates and Abel Ecology).' 'The parties are to provide settled Short Minutes of Order to the Associate by 27 July 2016.' 'Costs are reserved.']