Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78

Land and Environment Court New South Wales

Medium Neutral Citation: Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Hearing dates: 3, 4, 5, 6, 10, 11, and 12 April, and 2 May, 2017, and Respondent's supplementary written submission on land tax 4 May 2017 Date of orders: 30 June 2017 Decision date: 30 June 2017 Jurisdiction: Class 3 Before: Sheahan J Maston AC Decision: (1) Compensation for the compulsory acquisition by the Respondent of the Applicant's property known as 53-55 Campbell Street and 33 Burrows Road, St Peters, being lot 101 in DP 845651 and lot 102 DP 871150, on 3 July 2015, is determined in the amount of $23,277,688.96, pursuant to the Land Acquisition (Just Terms Compensation) Act 1991; (2) Costs are reserved; (3) The exhibits may be returned. Catchwords: COMPULSORY ACQUISITION – compensation payable for acquisition of a general industrial use site in St Peters – capitalisation of market rent – heritage listed warehouses – contamination of site including underground storage tanks – fire safety order compliance – whether to include a land tax adjustment in the market value of the land – whether portions of the land were capable of future development – disturbance claims including replacement of land. Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Sydney Local Environmental Plan 2012 Sydney Development Control Plan 2012 Cases Cited: Al Amanah College Inc v The Minister for Education Training (No 2) [2011] NSWLEC 254 Blacktown City Council v Fitzpatrick Investment Pty Ltd [2001] NSWCA 259 Caltex Oil (Australia) Pty Ltd v Chief Executive, Department of Lands (1996) 16 QLCR 435 Commissioner of Succession Duties (S.A.) v Executor Trustee and Agency Co. of South Australia Ltd (1947) 74 CLR 358 Coundrelis v Roads and Traffic Authority of NSW [2008] NSWLEC 72 G Suonaf Holdings Pty Ltd v RMS [2016] NSWLEC 116 Hatzivasiliou v RMS [2017] NSWLEC 9 Macarbell Pty Ltd v RTA; Michael Nasser v RTA (2006) 149 LGERA 217; [2006] NSWLEC 651 MacDonald v Roads and Traffic Authority of NSW [2009] NSWLEC 105 Maggiotto v Roads and Traffic Authority [2006] NSWLEC 54 Maidment v Roads and Traffic Authority of NSW [2006] NSWLEC 606, Nasser v Roads and Traffic Authority; Millstar Holdings Pty Limited v Roads and Traffic Authority (No 3) (2006) 149 LGERA 289; [2006] NSWLEC 562 Road and Traffic Authority of NSW v Mosca [2006] NSWCA 159 Rocco Fraietta v Roads and Maritime Services [2017] NSWLEC 11 Sebastian Cannavo and Busa v RTA [2004] NSWLEC 570 Speter v RMS [2016] NSWLEC 128 Sydney Water Corporation v Caruso (2009) 170 LGERA 298; [2009] NSWCA 391 Category: Principal judgment Parties: Carlewie Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Mr I Hemmings, SC with Mr M Seymour (Applicant) Mr R Lancaster, SC with Mr N Owens, SC (Respondent)