Trevor Allan McBride v MidCoast Council [2021] NSWLEC 100

Trevor Allan McBride v MidCoast Council [2021] NSWLEC 100

Compensation for compulsory acquisition is determined using the before and after method, reflecting a highest and best use as a manufactured home estate (MHE) but factoring substantial risks from planning, hydrological, and ecological constraints. The reliable market evidence for such constrained rural land with MHE potential is the Burrawan Drive sales, supporting a $25/m² rate for unconstrained land, $5/m² for constrained, and a discounted rate for areas subject to uncertainty. Severance and disturbance are addressed within this compensation framework and independently for direct costs. Final compensation to the applicant is $1,036,630.49, including disturbance costs, but no separate...

Parties
Applicant: Trevor Allan McBride; Respondent: MidCoast Council
Jurisdiction
Australia
Judgment Date
21 September 2021
Procedural Posture
Compulsory Acquisition Compensation (class 3) / Judgment After Contested Hearing
Outcome
Applicant entitled to compensation in the sum of $1,036,630.49 plus costs.
Legal Topics
Compulsory Acquisition Compensation, Land Valuation, Highest and Best Use, Manufactured Home Estates, Biodiversity Offsetting, Injurious Affection, Severance, Disturbance
Land Law Compulsory Acquisition Planning and Environment Compulsory Acquisition Compensation Land Valuation Highest and Best Use Manufactured Home Estates Biodiversity Offsetting +3 more

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Parties

Trevor Allan McBride

Applicant

MidCoast Council

Respondent

Procedural Posture

Compulsory Acquisition Compensation (class 3) / Judgment After Contested Hearing

Legal Issues

  1. 1 What is the appropriate method for valuing compensation for partial compulsory acquisition?
  2. 2 What is the highest and best use of the acquired land and residue land?
  3. 3 How do hydrological and ecological (biodiversity) constraints affect development potential and compensation?

Ratio Decidendi

Compensation for compulsory acquisition is determined using the before and after method, reflecting a highest and best use as a manufactured home estate (MHE) but factoring substantial risks from planning, hydrological, and ecological constraints. The reliable market evidence for such constrained rural land with MHE potential is the Burrawan Drive sales, supporting a $25/m² rate for unconstrained land, $5/m² for constrained, and a discounted rate for areas subject to uncertainty. Severance and disturbance are addressed within this compensation framework and independently for direct costs. Final compensation to the applicant is $1,036,630.49, including disturbance costs, but no separate...

Court Disposition

Applicant entitled to compensation in the sum of $1,036,630.49 plus costs.

Orders

  • Compensation of $1,036,630.49 payable to Trevor Allan McBride for acquisition of Lots 305, 306 and 308 in DP 1240455 at Forster, NSW.
  • MidCoast Council to pay Trevor Allan McBride's costs on a party party basis as agreed or assessed.