Gattuso v Liverpool City Council [2011] NSWLEC 110

Land and Environment Court New South Wales

Medium Neutral Citation: Gattuso v Liverpool City Council [2011] NSWLEC 110 Hearing dates: 15-17 June and 7 July 2010 Decision date: 28 June 2011 Jurisdiction: Class 3 Before: Pepper J Decision: 1. the applicant's claim for market value compensation under s 55(a) of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of Lot 120 DP 2475 is determined in the amount of $2,248,000; 2. the applicant's claim for disturbance under s 55(d) of the Land Acquisition (Just Terms Compensation) Act 1991 is determined, as agreed between the parties, in the amount of $27,500; 3. the respondent is to pay the costs of the applicant as agreed or assessed, unless within seven days a notice of motion is filed by either party seeking some alternate costs order; and 4. the exhibits are to be returned. Catchwords: COMPULSORY ACQUISITION OF LAND: developable area of the land - to what extent was the developable area of land constrained by a riparian corridor and asset protection zones - what was the appropriate yield and density of the developable land -adjustments to comparable sales - whether the direct comparison of sales methodology applied on a rate per square metre basis or on a per dwelling/lot basis Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 3, 10, 54, 55, 56, 59 Liverpool Development Control Plan 2008, Pt 2.5, cls 1, 3.1, 3.2, 3.3, 3.4, 3.5 Liverpool Local Environmental Plan 2008, cls 4.1, 4.1A, 4.4, 4.6, 7.8, 7.11, 7.13 Rural Fires Act 1997, ss 3,100B Cases Cited: AMP Capital Investors Ltd v Transport Infrastructure Development Corporation [2008] NSWCA 325; (2008) 163 LGERA 245 Halley v Minister Administering the Environmental Planning and Assessment Act (No 3) [2011] NSWLEC 94 Leichhardt Council v Roads and Traffic Authority (NSW) [2006] NSWCA 353; (2006) 149 LGERA 439 McBaron v Road and Traffic Authority of New South Wales (1995) 87 LGERA 238 Spencer v Commonwealth (1907) 5 CLR 418 Sydney Water Corporation v Caruso [2009] NSWCA 391; (2009) 170 LGERA 298 Turner v Minister of Public Instruction (1956) 95 CLR 245 Walker Corp Pty Ltd v Sydney Harbour Foreshore Authority [2008] HCA 5; (2008) 233 CLR 259 Category: Principal judgment Parties: Rudolfo Gattuso (Applicant) Liverpool City Council (Respondent) Representation: Ms A Pearman (Applicant) Mr J Maston (Respondent) John Pacchiarotta, Meehans Solicitors (Applicant) Marsdens Law Group (Respondent) File Number(s): 30707 of 2009