Nevitoro Investments Pty Ltd v Hawkesbury City Council [1998] NSWLEC 141

Land and Environment Court of New South Wales

CITATION : Nevitoro Investments Pty Ltd v Hawkesbury City Council [1998] NSWLEC 141 APPLICANT Nevitoro Investments Pty Ltd PARTIES : RESPONDENT Hawkesbury City Council FILE NUMBER(S) : 30020 of 1997 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: Statutes Land Acquisition (Just Terms Compensation) Act 1991s 55(f) CASES CITED: DATES OF HEARING: 06/02/98, 09/02/98, 10/02/98, 12/03/98, 13/03/98, 16/03/98 DATE OF JUDGMENT: 04/07/1998

APPLICANT Mr G T Miller QC Mr A A Hyam (Barrister) Coode & Corry Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr P D McClellan QC Mr G B Newport (Barrister) Abbott Tout Solicitors

JUDGMENT: The subject land, Lot 3 in DP 864088, was acquired by Hawkesbury City Council by compulsory acquisition notified in Government Gazette No 115 on 11 October 1996. The land was acquired from the applicant pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of car parking.

The land is located on the eastern side of Baker Street, Windsor, approximately twenty metres north of its intersection with George Street and is situated at the rear of Fitzgerald House, which stands on the corner of George and Baker Streets.

The property was zoned Special Uses Parking 5(a) under City of Hawkesbury LEP 1989 at date of acquisition. The land has since been rezoned to Business 3(a) under Amendment No 12, gazetted 21 February 1997.