Owners of Strata Plan 30064 v Road and Traffic Authority [2003] NSWLEC 368

> Land and Environment Court of New South Wales

CITATION : Owners of Strata Plan 30064 v Road and Traffic Authority [2003] NSWLEC 368 APPLICANT: Owners of Strata Plan 30064 PARTIES : RESPONDENT: Road and Traffic Authority FILE NUMBER(S) : 30226 of 2002 CORAM: Bignold J KEY ISSUES: Compensation :- acquisition of frontage strip from land held in strata scheme and developed by existing industrial development LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991, s 66 CASES CITED: DATES OF HEARING: 15-17/10/2003 DATE OF JUDGMENT: 12/23/2003

APPLICANT: Mr J Webster, Barrister SOLICITORS Hunt and Hunt

LEGAL REPRESENTATIVES: RESPONDENT: Mr J Maston, Barrister SOLICITORS Corrs Westgarth

JUDGMENT:

IN THE LAND AND Matter No. . 30226 of 2002 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 23 December 2003

THE OWNERS OF STRATA PLAN 30064

Applicant

v

ROADS AND TRAFFIC AUTHORITY

Respondent

JUDGMENT

1. This is an objection pursuant to the Land Acquisition (Just Terms Compensation Act 1991), s 66 against the amount of compensation ($83,500) offered the Claimant in respect of the compulsory acquisition by the Respondent of a strip of land fronting Hoxton Park Road, Prestons and known as Nos 264-272 Hoxton Park Road, Prestons (the subject land) by Notification published in Government Gazette No 193 of 17 December 2001.

2. According to the Gazette Notice, the land was acquired for the purposes of the Roads Act 1993 and it is common ground that the land was acquired together with other lands fronting Hoxton Park Road for the purposes of providing thereon a bus transitway.