Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2009] NSWLEC 219

Reported Decision : 173 LGERA 155

Land and Environment Court of New South Wales

CITATION : Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2009] NSWLEC 219

APPLICANT: Walker Corporation Pty Ltd PARTIES : RESPONDENT: Sydney Harbour Foreshore Authority

FILE NUMBER(S) : 30024 of 2003

CORAM: Biscoe J

KEY ISSUES: COMPULSORY ACQUISITION OF LAND :- compensation - market value - industrial land - potential for residential use for older people or people with a disability under State Environmental Planning Policy No. 5 - potential for residential use on basis of existing use rights - potential for residential use on basis of the disregard in s 56(1)(a) Land Acquisition (Just Terms Compensation) Act 1991

County of Cumberland Planning Scheme Ordinance 1951 Crown Lands Consolidation Act 1913 Environmental Planning and Assessment Act 1979, ss 53 – 72H, 94, 106, 107, 108, Part 3 division 4. Environmental Planning and Assessment Regulation 2000, cll 41, 42, 45, Part 5 Frustrated Contracts Act 1978 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991, ss 3(1)(a), 10(1), 54, 55, 56 Leichhardt Local Environmental Plan 2000 Leichhardt Planning Scheme Ordinance 1979 Public Works Act 1912, s 124 State Environmental Planning Policy No. 5 – Housing For Older People or People with a Disability 1998, cll 3, 4, 5, 9, 12, 13, 14, 25(f), Part 2 State Environmental Planning Policy No 56 – Sydney Harbour Foreshores and Tributaries, cll 2, 7, 11, 14, 21, Part 4, Schedule 1, Schedule 2 Sydney Harbour Foreshore Authority Act 1998