North Sydney Council v Transport for New South Wales [2024] NSWLEC 100

Land and Environment Court New South Wales

Medium Neutral Citation: North Sydney Council v Transport for New South Wales [2024] NSWLEC 100 Hearing dates: 29, 30 April and 1, 2, 6, 7 May 2024 Date of orders: 03 October 2024 Decision date: 03 October 2024 Jurisdiction: Class 1 Before: Duggan J Decision: See orders at [125]-[126] Catchwords: COMPULSORY ACQUISITION – Compensation to be paid in respect of leasehold interest over three areas of parkland that are Crown Land to the Crown land manager – Section 2.24 of Crown Land Management Act 2016 – Claim under s 2.24(3)(b) of CLM Act – Competing valuation methodologies applied to loss attributable to the reduction in public benefit from loss of public open space arising from acquisition – Recreational value – Claim under s 2.24(3)(d) rejected – Claim under s 2.24(3)(e) for disturbance under section 59(1)(f) of Land Acquisition (Just Terms Compensation) Act 1991 – Costs of reinstatement rejected Legislation Cited: Crown Land Management Act 2016 (NSW) Crown Lands Act 1989 (NSW) Interpretation Act 1987 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Local Government Act 1993 (NSW) Roads Act 1993 (NSW) Cases Cited: Almona Pty Ltd v Roads and Traffic Authority of New South Wales (2008) 160 LGERA 375 Bronzel v State Planning Authority (1979) 44 LGRA 34 Hornsby Shire Council v Roads and Traffic Authority (NSW) (1998) 100 LGERA 105 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Prince Alfred Park Reserve Trust as Trustee for the Prince Alfred Park v State Rail Authority of New South Wales (1997) 96 LGERA 75 Roads and Maritime Services v United Petroleum Pty Ltd (2019) 99 NSWLR 279 Roads and Traffic Authority v McDonald (2010) 175 LGERA 276 Street v Luna Park Sydney Pty Limited [2007] NSWSC 691 Tempe Recreation Reserve Trust v Sydney Water Corporation [2013] NSWLEC 221 Category: Principal judgment Parties: North Sydney Council (Applicant) Transport for New South Wales (Respondent) Representation: Counsel: A Galasso SC and C Ireland (Applicant) P Larkin SC, N Eastman SC and E Dunlop (Respondent)