Davies v Sydney Water Corporation [2012] NSWLEC 130

Land and Environment Court New South Wales

Medium Neutral Citation: Davies v Sydney Water Corporation [2012] NSWLEC 130 Hearing dates: 19-21, 24-26 May 2010 17 June 2010 Decision date: 06 June 2012 Jurisdiction: Class 3 Before: Craig J Decision: 1. Stand over the proceedings to Friday 15 June 2012 for the purpose of making final orders. 2. Direct that the parties prepare draft Short Minutes of Order to give effect to this judgment, that draft to be provided to my Associate by 4.00pm on 14 June 2012. 3. In the event of disagreement, each party must provide to my Associate by that date and time a draft of the Short Minutes of Order for which they each contend. 4. If an order for costs of the proceedings cannot be agreed between the parties, that question is to be argued when the matter is before me on 15 June, with an outline of submissions by each party on that question also to be provided to my Associate by 4.00pm on 14 June 2012. Catchwords: COMPULSORY ACQUISITION OF LAND - compensation - land acquired for trunk drainage - 'public purpose' of acquisition - 'disregard' under s 56(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991 - land within area released and rezoned for residential purposes - existing creek passing through land - development of flood prone land - need for local or regional trunk drainage in creek corridor to facilitate residential development - market value of acquired land - severance Legislation Cited: Baulkham Hills Local Environment Plan 2005

Environmental Planning and Assessment Act 1979

Land Acquisition (Just Terms Compensation) Act 1991