Azizi v Council of the City of Ryde; Alnox Pty Limited v Council of the City of Ryde (No 2) [2022] NSWLEC 3

Land and Environment Court New South Wales

Medium Neutral Citation: Azizi v Council of the City of Ryde; Alnox Pty Limited v Council of the City of Ryde (No 2) [2022] NSWLEC 3 Hearing dates: 22, 23, 24, 28 and 29 June 2021 Date of orders: To be advised Decision date: 21 January 2022 Jurisdiction: Class 3 Before: Moore J Decision: See directions for bringing in orders at [515] to [517] Catchwords: COMPENSATION - compulsory acquisition of land for public recreation - land formerly zoned Low Density Residential - dispute as to whether there was up-zoning potential for increased density residential development at time of acquisition - disagreement between expert planners - dispute as to extent of potential future higher density development - disagreement between expert planners - consideration of relevant town planning issues - potential up-zoning existed at time of acquisition - expert valuers in agreement on the valuation to be applied on various alternative potential development scenarios - agreed valuation to be applied to determined development potential COMPENSATION - claim for stamp duty equivalent payment by resident owning one of three allotments compulsorily acquired - stamp duty equivalent payment claim for potential purchase of replacement residence – dispute as to validity of claim - dispute as to whether stamp duty equivalent, if to be awarded, should be calculated by reference to agreed proportion of total market value of acquired land or be discounted from it - no statutory basis for the claim – claim rejected - stamp duty equivalent payment to be calculated on full market value of acquired residential property if claim had been valid COMPENSATION - claim for compensation for disadvantage resulting from relocation - statutory maximum set for such compensation - statutory factors required to be considered in assessing such compensation - claim for maximum statutory amount - appropriate to award maximum statutory amount Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 23, 48, 56, 59 – 61, 66 and 68 Land Acquisition (Just Terms Compensation) Amendment Act 2016 Ryde Local Environmental Plan 2014 State Environmental Planning Policy (Infrastructure) 2007, cl 101 Cases Cited: Azizi v Council of the City of Ryde; Alnox Pty Ltd v Council of the City of Ryde [2021] NSWLEC 40 Banno v Commonwealth of Australia (1993) 45 FCR 32 Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) (2012) 191 LGERA 267; [2012] NSWCA 404 Council of the City of Ryde v Azizi [2019] NSWSC 1605 Council of the City of Ryde v Azizi [2021] NSWCA 165 Dillon v Gosford City Council (2011) 184 LGERA 179; [2011] NSWCA 328 El Boustani v The Minister administering the Environmental Planning and Assessment Act 1979 [2014] NSWCA 33 Roads and Maritime Services v United Petroleum Pty Ltd (2018) 236 LGERA 389; [2019] NSWCA 41 Roberts v Commissioner for Main Roads (1987) 63 LGRA 428 Robertson v Commissioner for Main Roads (1987) 63 LGRA 420 Stephen Anthony Horton and Kay Elizabeth Horton v Wyong Shire Council (No.2) [2005] NSWLEC 45 Sydney Harbour Foreshore Authority v Walker Corporation Pty Ltd (2005) 63 NSWLR 407; [2005] NSWCA 251 Sydney Water Corporation v Caruso and Ors (2009) 170 LGERA 298; [2009] NSWCA 391 Terrence John Fitzgerald & Wendy Patricia Fitzgerald v Blacktown City Council [1994] NSWLEC 40 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority (2007) 233 CLR 259; [2007] HCA 5 Texts Cited: Follett Publishing Company, Latin-English Dictionary, 1967 Macquarie Dictionary Publishers, Macquarie English Dictionary (2020, online) Oxford English Dictionary, Oxford English Dictionary (2021, 3rd ed, online) Category: Principal judgment Parties: 168439 of 2021 Raymond Boutros Azizi (Applicant) Council of the City of Ryde (Respondent)