Ironhill Pty Limited v Transgrid Ironhill Management Pty Limited v Transgrid [2004] NSWLEC 700

Land and Environment Court of New South Wales

CITATION : Ironhill Pty Limited v Transgrid Ironhill Management Pty Limited v Transgrid [2004] NSWLEC 700 PARTIES : Ironhill Pty Limited (Appl) Transgrid (Resp) FILE NUMBER(S) : 30088/02; 30062 of 2003 CORAM: McClellan CJ Easements :- Golf course Acquisition of easements for electricity transmission lines Compensation: Market value Disturbance Reduction in the value of adjoining land KEY ISSUES: Value of loss of management rights Proposed substantial development of accommodation on the site Master Plan approved by Council Whether there was development potential as reflected in the Master Plan at the date of acquisition Potential environmental impact and bushfire issues of proposed development Possible alternative locations for proposed development Costs involved in proposed development Comparable sales Land Acquisition (Just Terms Compensation) Act 1991 (NSW) LEGISLATION CITED: Land Acquisition Act 1989 (Cth) Environmental Planning & Assessment Act 1979 Coleman v Power (2004) 209 ALR 182; Dovuro Pty Ltd v Wilkins (2003) 201 ALR 139; Housing Commission of New South Wales v San Sebastian Pty Ltd (1978) 140 CLR ; CASES CITED: King v Minister for Planning & Housing [1993] 1 VR 159; Leppington Pastoral Co Pty Ltd v Commonwealth of Australia (1997) 76 FCR 318; Re Wakim; ex parte McNally (1999) 198 CLR 511; West & Roads v Traffic Authority of New South Wales (1985) 88 LGERA 266, Sydney Water Corporation v Renshaw Pty Ltd [2002] NSWCA 147 DATES OF HEARING: 13-16 September 2004; 22-24 September 2004 DATE OF JUDGMENT: 12/15/2004