Vilro Pty Ltd (In Voluntary Liquidation) v Roads and Traffic Authority NSW (No 3) [2010] NSWLEC 234

Reported Decision : 179 LGERA 47

Land and Environment Court of New South Wales

CITATION : Vilro Pty Ltd (In Voluntary Liquidation) v Roads and Traffic Authority NSW (No 3) [2010] NSWLEC 234 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT PARTIES : Vilro Pty Ltd (In Voluntary Liquidation) RESPONDENT Roads and Traffic Authority NSW

FILE NUMBER(S) : 30369 of 2009

CORAM: Pain J

KEY ISSUES: COMPULSORY ACQUISITION OF LAND :- claim for market value and loss of value of residue land as a result of public purpose - before and after method of valuation encapsulates both - whether residue land landlocked as a result of acquisition - what expert advice would prudent hypothetical parties be likely to obtain on ecological matters at date of acquisition - whether residue land constrained for residential development due to ecological characteristics - whether events after date of acquisition can be considered - whether residue land would have been rezoned residential but for the public purpose

Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 Part 5, s5A, s54, s70, s96, s112C Hastings Local Environmental Plan 1987 Hastings Local Environmental Plan 2001 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 s3, s54, s55, s56, s59, s66 Native Vegetation Act 2003 Port Macquarie-Hastings (Area 13 Thrumster) Local Environmental Plan 2008 Roads Act 1993 s6, s10, s49, s68, s145 State Environmental Planning Policy No 44 - Koala Habitat Protection (SEPP 44) Threatened Species Conservation Act 1995