Halley v Minister Administering the Environmental Planning and Assessment Act 1979 [2010] NSWCA 361

Reported Decision: 178 LGERA 327

New South Wales Court of Appeal

CITATION: Halley v Minister Administering the Environmental Planning and Assessment Act 1979 [2010] NSWCA 361

HEARING DATE(S): 15 November 2011

JUDGMENT DATE: 17 December 2010

JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Tobias JA at 3

DECISION: Appeal dismissed with costs. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: ENVIRONMENT AND PLANNING – acquisition of land – compensation – valuation – market value – whether highly unlikely that Council would approve subdivision of acquired land into two allotments – whether primary judge failed to disregard any decrease in value of land compulsorily acquired caused by proposal to carry out relevant public purpose – whether primary judge erred in law with respect to analysis of relevant zoning – whether primary judge's error vitiated decision

Environmental Planning and Assessment Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Lane Cove Development Control Plan No.1 – Control of Development Adjacent to Bushland LEGISLATION CITED: Lane Cove Local Environmental Plan 1987 Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 NSW Planning and Environment Commission Act 1974 State Planning Authority Act 1963 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005