Davies v Sydney Water Corporation [2012] NSWLEC 130

Davies v Sydney Water Corporation [2012] NSWLEC 130

The market value of the acquired land is $1,041,100, determined by reference to an underlying residential zoning (with specified planning restrictions) and feasibility of implementing drainage works such as the Bewsher Scheme; the so-called public purpose zoning is to be disregarded under s 56(1)(a) of the Just Terms Act. The proper methodology is a before-and-after valuation reflecting these factors. No separate compensation for severance is warranted as such allowance is incorporated in the assessment of market value on the adopted assumptions.

Jurisdiction
Australia
Judgment Date
06 June 2012
Procedural Posture
Compulsory Acquisition Compensation Claim / Judgment Prior to Final Orders
Outcome
No final orders; judgment indicating compensation figure and required draft orders; matter stood over for final orders and resolution of easement and costs issues.
Legal Topics
['compensation Determination' 'market Value Assessment' 'public Purpose' 'underlying Land Zoning' 'severance' 'disturbance' 'easements']
['compulsory Acquisition' 'planning and Environment Law'] ['compensation Determination' 'market Value Assessment' 'public Purpose' 'underlying Land Zoning' 'severance' 'disturbance' 'easements']

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Procedural Posture

Compulsory Acquisition Compensation Claim / Judgment Prior to Final Orders

Legal Issues

  1. 1 ['Proper market value of land compulsorily acquired for trunk drainage; underlying zoning to be assumed for valuation; whether local or regional drainage provision required; effect of planning controls and likelihood/approval of alternative drainage solutions; entitlement to compensation for disturbance/severance/easements']

Ratio Decidendi

The market value of the acquired land is $1,041,100, determined by reference to an underlying residential zoning (with specified planning restrictions) and feasibility of implementing drainage works such as the Bewsher Scheme; the so-called public purpose zoning is to be disregarded under s 56(1)(a) of the Just Terms Act. The proper methodology is a before-and-after valuation reflecting these factors. No separate compensation for severance is warranted as such allowance is incorporated in the assessment of market value on the adopted assumptions.

Court Disposition

No final orders; judgment indicating compensation figure and required draft orders; matter stood over for final orders and resolution of easement and costs issues.

Orders

  • ['Proceedings stood over to 15 June 2012 for purpose of making final orders.' 'Parties to prepare draft Short Minutes of Order by 4.00pm on 14 June 2012.' 'If disagreement, each party to provide their own draft Short Minutes of Order by that date/time.' 'If costs cannot be agreed, costs issue to be argued 15 June...