Yadle Investments Pty Limited v Roads & Traffic Authority of NSW; Roads & Traffic Authority of NSW v The Minister for Planning & Ors [1989] NSWLEC 211

Land and Environment Court of New South Wales

CITATION : Yadle Investments Pty Limited v Roads & Traffic Authority of NSW; Roads & Traffic Authority of NSW v The Minister for Planning & Ors [1989] NSWLEC 211 APPLICANT Yadle Investments Pty Ltd

RESPONDENT Roads & Trafiic Authority of NSW

APPLICANT PARTIES : Roads & Traffic Authority of NSW

FIRST RESPONDENT The Minister for Planning

SECOND RESPONDENT Coffs Habour City Council

THIRD RESPONDENT Yadle Investments Pty Ltd FILE NUMBER(S) : 40039; 40150 of 1989 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Church of Scientology v. Woodward ((1982) 154 CLR 25 at 55-56); CASES CITED: Woolworths Ltd. v. Bathurst City Council ((1987) 63 LGRA 55); North Sydney Municipal Council v. Lycenko (Court of Appeal Unreported 15 November 1988) DATES OF HEARING: DATE OF JUDGMENT: 06/23/1989

APPLICANT Mr Young for Yale Investments LEGAL REPRESENTATIVES: RESPONDENT Mr Austin for the Council

JUDGMENT:

HIS HONOUR: By a Class 4 application filed in the Court on 16 February 1989 Yadle Investments Pty. Ltd. seeks a declaration that the Roads & Traffic Authority of New South Wales is bound to acquire the applicant's land (lot 75 Deposited Plan No. 262803 in the City of Coffs Harbour) pursuant to cl.15(2) and (3) of the City of Coffs Harbour Local Environmental Plan 1988. The applicant also seeks an order that the respondent take all necessary steps to obtain approval to the resumption of the land, and upon approval forthwith resume the said land.