Heawood v Muswellbrook Shire Council [2001] NSWLEC 8

Heawood v Muswellbrook Shire Council [2001] NSWLEC 8

Section 32(2) of the Roads Act 1993 (NSW) is not limited to cases of total loss of access. In light of the statutory right of adjoining landowners to access a public road and the absence of clear words limiting compensation to total loss, compensation may be claimed where variation of road levels substantially hinders the ordinary means of access to the land.

Jurisdiction
Australia
Judgment Date
12 February 2001
Procedural Posture
Class 4 Application for Declarations and Compensation Under S 32 of the Roads Act 1993 (nsw) / Preliminary Question of Law
Outcome
Preliminary question answered in favour of the applicants.
Legal Topics
['rights of Adjoining Landowners' 'loss of Access to Public Road' 'variation of Road Levels' 'partial Interference With Access']
['roads Law' 'compensation' 'property Law' 'statutory Interpretation'] ['rights of Adjoining Landowners' 'loss of Access to Public Road' 'variation of Road Levels' 'partial Interference With Access']

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Procedural Posture

Class 4 Application for Declarations and Compensation Under S 32 of the Roads Act 1993 (nsw) / Preliminary Question of Law

Legal Issues

  1. 1 ['Whether entitlement to compensation under s 32(2) of the Roads Act 1993 (NSW) arises only where there is total loss of access across the boundary between a public road and adjoining land.' 'Whether partial interference with ordinary access caused by variation of road levels is compensable under s 32(2) of the Roads Act 1993 (NSW).']

Ratio Decidendi

Section 32(2) of the Roads Act 1993 (NSW) is not limited to cases of total loss of access. In light of the statutory right of adjoining landowners to access a public road and the absence of clear words limiting compensation to total loss, compensation may be claimed where variation of road levels substantially hinders the ordinary means of access to the land.

Court Disposition

Preliminary question answered in favour of the applicants.

Orders

  • ["The preliminary question of law for determination by the Court be answered 'no'." 'Costs reserved.']