Noubia Pty Ltd v Coffs Harbour City Council [2019] NSWLEC 113

Land and Environment Court New South Wales

Medium Neutral Citation: Noubia Pty Ltd v Coffs Harbour City Council [2019] NSWLEC 113 Hearing dates: 22 February 2019; 4 to 8 March 2019; and 28 March 2019 Date of orders: 13 August 2019 Decision date: 13 August 2019 Jurisdiction: Class 4 Before: Sheahan J Decision: See paragraph [238] Catchwords: CIVIL ENFORCEMENT: declarations sought as to value of lots of land dedicated to or acquired by Council for public purposes – three lots of land transferred to Council pursuant to condition of development consent for a subdivision – determination of value of two of the lots of land – question of liability to pay compensation for the third – highest and best use – hypothetical development scenario – claims for stamp duty – undertaking of Council to pay compensation – construction of condition of development consent – alternative claims for relief discontinued. Legislation Cited: Coffs Harbour City Local Environmental Plan 2000 Environmental Planning and Assessment Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 Uniform Civil Procedure Rules 2005 Cases Cited: Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98 Bezzina Developers Pty Ltd v Leichhardt Municipal Council (2006) 146 LGERA 249; [2006] NSWLEC 175 Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 Croghan v Blacktown City Council [2019] NSWLEC 2 G Capital Corporation Pty Ltd; Gertos Holdings Pty Ltd; Marsden Developments Ltd v Roads and Maritime Services [2019] NSWLEC 12 Kendall Street Developments Pty Limited v Byron Shire Council [2004] NSWLEC 227 Kirela Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (No 2) (2004) 132 LGERA 90; [2004] NSWLEC 68 Limina Holdings Pty Ltd ITF Galileo Superannuation Fund v Valuer General of New South Wales [2019] NSWLEC 110 McBaron v Roads and Traffic Authority of New South Wales (1995) 87 LGERA 238 Roads and Maritime Services v United Petroleum Pty Limited [2019] NSWCA 41 Roads and Traffic Authority (NSW) v Collex Pty Limited [2009] NSWCA 101, (2009) 165 LGERA 419 Speter v Roads and Maritime Services [2016] NSWLEC 128 Category: Principal judgment Parties: Noubia Pty Limited (Applicant) Coffs Harbour City Council (Respondent) Representation: Counsel: Mr R Lancaster SC, with Mr S Nash, barrister (Applicant) Mr I Hemmings SC, with Ms A Pearman, barrister (Respondent) Solicitors: Pikes & Verekers Lawyers (Applicant) Wilshire Webb Staunton and Beattie Lawyers (Respondent) File Number(s): 2017/83167