Goluzd v Minister Administering the Environmental Planning and Assessment Act 1979 [2012] NSWLEC 25

Land and Environment Court New South Wales

Medium Neutral Citation: Goluzd v Minister Administering the Environmental Planning and Assessment Act 1979 [2012] NSWLEC 25 Hearing dates: 7-10/2/2012 Decision date: 24 February 2012 Jurisdiction: Class 3 Before: Biscoe J Decision: Compensation determined in the sum of $572,000. Catchwords: COMPULSORY ACQUISITION OF LAND:- of residential oceanfront land for purpose of foreshore reservation area and park - compensation for market value - before and after valuation method applied - whether area by survey rather than area by title should be adopted - whether fluvial boundary noted on title as approximate location of high water mark should be construed as mean high water mark - highest and best use as a large single dwelling home site capable of accommodating a modern residence - whether land had subdivision potential - injurious affection to the residue land in the after valuation scenario - statutory disregard of effect of foreshore building line - where notional foreshore building line should be located - whether rate per square metre approach based on comparable sales is appropriate for a single dwelling allotment. Legislation Cited: Environmental Planning and Assessment Act 1979 s 74C Land Acquisition (Just Terms Compensation) Act 1991 ss 55, 56 Pittwater Local Environmental Plan 1993 cl 11(2) NSW Coastal Policy 1997 Preliminary Advice Pittwater 21 Development Control Plan cll B2.2, C4.7 D1.10 Surveying and Spatial Information Regulation 2006 cll 5, 51 Surveyor General's Directions No. 6: Water as a Boundary: Procedures Warringah Local Environmental Plan 1985 Cases Cited: 7-Eleven Stores Pty Ltd v City of Sydney Council [2004] NSWLEC 154, 138 LGERA 125 Castle Constructions Pty Ltd v North Sydney Council [2007] NSWCA 164, 155 LGERA 52 Castle Constructions Pty Ltd v North Sydney Council [2007] NSWLEC 459 Coffs Harbour Environment Centre Inc v Minister for Planning (1994) 84 LGERA 324 Commissioner of Taxation of the Commonwealth of Australia v St Helens Farm (ACT) Pty Ltd (1991) 146 CLR 336 Graham Trilby Pty Ltd v Valuer-General [2008] NSWLEC 217 Head v Pittwater Council [2006] NSWLEC 429 North Sydney Council v Ligon 302 Pty Ltd (No 2) (1996) 93 LGERA 23 Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands (Trinidad) [1947] AC 565 RK Morgan Holdings Pty Ltd v Melbourne and Metropolitan Board of Works (1992) 77 LGRA 102 Roads and Traffic Authority (NSW) v Muir Properties Pty Ltd [2005] NSWCA 460, 143 LGERA 192 Smith v Roads and Traffic Authority of New South Wales [2005] NSWLEC 438 Sunlea Investments Pty Ltd v State of New South Wales (1998) 9 BPR 16,707 (NSWCA) Sydney Harbour Foreshore Authority v Walker Corporation Pty Ltd [No 2] [2006] NSWCA 386, 68 NSWLR 487 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2009] NSWLEC 219, 173 LGERA 155 Zhang v Canterbury City Council [2001] NSWCA 167, 51 NSWLR 589 Texts Cited: Australian Property Institute, Valuation Principles and Practice, 2nd ed (2007) Australian Property Institute (Inc) Category: Principal judgment Parties: John Christopher Goluzd (Applicant) Minister Administering the Environmental Planning and Assessment Act 1979 (Respondent) Representation: COUNSEL: Mr T Robertson SC (Applicant) Mr I Hemmings (Respondent) SOLICITORS: Woolf Associates (Applicant) Hunt & Hunt (Respondent) File Number(s): 30520 of 2011