Big Country Developments Pty Ltd v Transport for New South Wales (No 2) [2021] NSWLEC 101

Land and Environment Court New South Wales

Medium Neutral Citation: Big Country Developments Pty Ltd v Transport for New South Wales (No 2) [2021] NSWLEC 101 Hearing dates: 15 September 2021 Decision date: 21 September 2021 Jurisdiction: Class 3 Before: Pain J Decision: See [7] of judgment Catchwords: COMPULSORY ACQUISITION – base rate for valuation determined Cases Cited: Big Country Developments Pty Ltd v Transport for New South Wales [2021] NSWLEC 86 Category: Principal judgment Parties: Big Country Developments Pty Ltd (Applicant) Transport for New South Wales (Respondent) Representation: Counsel: A Perkins, solicitor (Applicant) J McKelvey (Respondent)

Solicitors: Project Lawyers (Applicant) Hunt and Hunt Lawyers (Respondent) File Number(s): 20/302817

Judgment 1. Following Big Country Developments Pty Ltd v Transport for New South Wales [2021] NSWLEC 86 (Big Country No 1), concerning compensation payable for the partial acquisition of the Applicant's land at Mulgoa Road Jamisontown in Lot 1 in DP 884114 (the Parent Parcel), two additional matters have been identified which require consideration in order for the amount of final compensation to be determined. These are: 1. In relation to comparable Sale 3 a different adjustment for shape/topography is made by the valuers resulting in a different rate per square metre when applied to the Parent Parcel. 2. The appropriate base rate per square metre for the Parent Parcel to be used for the final determination of the amount of valuation payable to the Applicant. 1. A description of the Parent Parcel is identified at [3] of Big Country No 1. The valuers' evidence is summarised in Big Country No 1 at [14]-[32] and need not be repeated in full. Three comparable sales described in [17]-[19] were relied on by the valuers being 34-36 Preston Street (Sale 1), 49 Regentville Road (Sale 2) and 128 Blaikie Road (Sale 3). All were zoned B5 (Business Development), the same zoning as the Parent Parcel.