Denshire v Roads and Maritime Services [2017] NSWLEC 181

Land and Environment Court New South Wales

Medium Neutral Citation: Denshire v Roads and Maritime Services [2017] NSWLEC 181 Hearing dates: 14-16 August, 25 October 2017 Date of orders: 30 January 2018 Decision date: 18 December 2017 Jurisdiction: Class 3 Before: Pain J Decision: 1. Compensation is determined in the sum of $92,416.43 comprising: • market value under section 55(a): $70,000; and • disturbance under section 55(d): $22,416.43. 2. The respondent is to pay the applicant's costs up until 14 August 2017. 3. The parties are to bear their own costs on and from 14 August 2017. 4. Exhibits may be returned. Catchwords: COMPULSORY ACQUISITION – compensation payable for acquisition of part of land for highway upgrade – market value and disturbance agreed –residential subdivision potential of land part of market value – option to develop residential subdivision by applicant's father and third party did not amount to special value to applicant – no special value in addition to market value Legislation Cited: Clarence Valley Local Environmental Plan 2011 Environmental Planning and Assessment Act 1979 s 96 Land and Environment Court Act 1979 ss 19, 63 Land Acquisition (Just Terms Compensation) Act 1991 ss 54, 55, 57, 66 Maclean Local Environmental Plan 2001 Cases Cited: Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99; [1973] HCA 36 Beckers v Road and Traffic Authority of New South Wales [2006] NSWLEC 717 Boland v Yates Property Corporation Pty Ltd (1999) 74 ALJR 209; [1999] HCA 64 Bronzel v State Planning Authority (1979) 21 SASR 513; 44 LGRA 34 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1983) 149 CLR 337; [1982] HCA 24 Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696 Metcalf v Permanent Building Society (in liq) (1993) 10 WAR 145 Mir Bros Unit Constructions Pty Ltd v Roads and Traffic Authority of New South Wales [2006] NSWCA 314 Roads and Traffic Authority v Hurstville City Council (2001) 112 LGERA 223; [2001] NSWCA 11 Roads and Traffic Authority of New South Wales v Perry (2001) 52 NSWLR 222; [2001] NSWCA 251 Scanlon's New Neon Ltd v Tooheys Ltd (1943) 67 CLR 169; [1943] HCA 43 Speter v Roads and Maritime Services [2016] NSWLEC 128 Sydney Water Corporation v Caruso (2009) 170 LGERA 298; [2009] NSWCA 391 Yates Property Corporation Pty Ltd (in liq) v Darling Harbour Authority (1991) 24 NSWLR 156; 73 LGRA 47 Category: Principal judgment Parties: Steven Matthew Denshire (Applicant) Roads and Maritime Services (Respondent) Representation: COUNSEL: Nicholas Ryan Denshire, agent; Warwick Maxwell Denshire, agent; J Dooley (Applicant) N Eastman (Respondent)