Maloney v Minister Administering the Environmental Planning and Assessment Act 1979 [2011] NSWLEC 121

Maloney v Minister Administering the Environmental Planning and Assessment Act 1979 [2011] NSWLEC 121

Ignoring the actual zoning, about one third of the Land (fronting South Street) would have been zoned Urban Capable (Industrial) with biodiversity certification, valued at $3,417,000. The remaining two thirds would have been zoned Environmental Conservation, valued at $500,000. Including agreed disturbance loss,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 July 2011
Procedural Posture
Objection to Compensation Determination (compulsory Acquisition) / Principal Judgment
Outcome
Compensation for compulsory acquisition determined in the amount of $3,943,000 plus statutory interest and costs.
Legal Topics
['market Value Determination' 'zoning' 'biodiversity Certification' 'just Terms Compensation' 'development Potential' 'ecological Constraints']
['compulsory Acquisition' 'planning and Environment Law'] ['market Value Determination' 'zoning' 'biodiversity Certification' 'just Terms Compensation' 'development Potential' 'ecological Constraints']

Source-derived case record

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Procedural Posture

Objection to Compensation Determination (compulsory Acquisition) / Principal Judgment

Legal Issues

  1. 1 ['What is the appropriate market value of the Land at the date of compulsory acquisition, disregarding the actual zoning imposed to facilitate the public purpose?' 'What is the underlying zoning and development potential of the Land if actual zoning is disregarded?' 'Should the Land be valued as having potential for industrial, residential, or conservation zoning/biodiversity certification?' 'What is the value attributable to the developable and constrained parts of the Land?']

Ratio Decidendi

Ignoring the actual zoning, about one third of the Land (fronting South Street) would have been zoned Urban Capable (Industrial) with biodiversity certification, valued at $3,417,000. The remaining two thirds would have been zoned Environmental Conservation, valued at $500,000. Including agreed disturbance loss, total compensation determined at $3,943,000. Valuation scenarios based on offset potential or SIC budget figures were not accepted. Comparable sales were adjusted appropriately to determine market value.

Court Disposition

Compensation for compulsory acquisition determined in the amount of $3,943,000 plus statutory interest and costs.

Orders

  • ['Determination that the compensation payable for the compulsory acquisition is $3,943,000 plus statutory interest under s 49 of the Land Acquisition (Just Terms Compensation) Act 1991' "Respondent to pay the applicants' costs of the proceedings" 'Exhibits may be returned']