The Trustees of the Roman Catholic Church for the Diocese of Wollongong v Roads and Traffic Authority of New South Wales [2002] NSWLEC 162

Land and Environment Court of New South Wales

CITATION : The Trustees of the Roman Catholic Church for the Diocese of Wollongong v Roads and Traffic Authority of New South Wales [2002] NSWLEC 162 APPLICANT The Trustees of the Roman Catholic Church for the Diocese of Wollongong PARTIES : RESPONDENT Roads and Traffic Authority of New South Wales FILE NUMBER(S) : 30043 of 2001 CORAM: Talbot J KEY ISSUES: Valuation of Land :- Resumption of land for the purpose of a new road - whether the underlying zoning at the date of acquisition would have been open space or rural with urban potential Environmental Planning and Assessment Act 1979 s 117 Land Acquisition (Just Terms Compensation) Act 1991 Roads Act 1993 State Environmental Planning Policy No. 5 - Housing for Older People and People with a Disability LEGISLATION CITED: State Environmental Planning Policy No. 14 - Coastal Wetlands Shellharbour Local Environmental Plan No. 16 Shellharbour Local Environmental Plan 2000 Illawarra Regional Environmental Plan No. 1 Illawarra Planning Scheme Ordinance 1968 CASES CITED: DATES OF HEARING: 29/08/2002, 30/08/2002, 02/09/2002, 03/09/2002, 04/09/2002 (Site Inspection), 05/09/2002 DATE OF JUDGMENT: 09/26/2002

APPLICANT Mr J J Webster (Barrister) SOLICITORS Levy Peatman LEGAL REPRESENTATIVES: RESPONDENT Mr J B Maston (Barrister) SOLICITORS Crown Solicitors Office