Constantine v Blacktown City Council (No 2) [2016] NSWLEC 81

Land and Environment Court New South Wales

Medium Neutral Citation: Constantine v Blacktown City Council (No 2) [2016] NSWLEC 81 Hearing dates: 11, 12, 13 and 14 April 2016 Decision date: 06 July 2016 Jurisdiction: Class 3 Before: Moore J Decision: See [166] to [172]. SMO to be provided by 27 July 2016 to reflect the decision. Catchwords: COMPULSORY ACQUISITION – underlying zonings absent the public purpose – position agreed for portion of the acquired land – approach to be taken when little difference between valuers – position more beneficial to disposed owner adopted COMPULSORY ACQUISITION – underlying zonings absent the public purpose – whether process for consideration of ecological issues related to the public purpose – ecological issues considered in broader planning context separate from public purpose – conservation zoning appropriate absent the public purpose COMPULSORY ACQUISITION – possibility of land with underlying conservation zoning being up-zoned to permit development (absent the public purpose) – no realistic prospect of up-zoning – compensation for portion of the land with an underlying conservation zoning to be determined solely on that basis COMPULSORY ACQUISITION – claim for disturbance – claim partially disputed – two elements disallowed but remainder allowed – claimed items must relate to the present acquisition process not pre-acquisition negotiations – claimed items must relate to the present actual use of the land not some possible future use of the land Legislation Cited: Threatened Species Conservation Act 1995 Land Acquisition (Just Terms Compensation) Act 1991 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: Adams v Valuer General [2014] NSWLEC1005 Constantine v Blacktown City Council [2016] NSWLEC 56 Fitzpatrick Investments Pty Limited v Blacktown City Council (No. 2) [2000] NSWLEC 139; 108 LGERA 417 Maloney v Minister Administering the Environmental Planning & Assessment Act 1979 [2011] NSWLEC 121 Mir Bros Unit Constructions Pty Ltd v Roads & Traffic Authority of New South Wales [2006] NSWCA 314 Sydney Water Corporation v Caruso and Ors [2009] NSWCA 391; 170 LGERA 298 Category: Principal judgment Parties: Mario Constantine (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr I Hemmings SC/Mr S Nash, barrister (Applicant) Mr A Galasso SC (Respondent)