COMPULSORY ACQUISITION — of seven similar neighbouring rural residential properties of about two hectares each for the purpose of the North West Rail Link — claims under Land Acquisition (Just Terms Compensation) Act 1991 for compensation for market value, disturbance losses and solatium — properties located in Riverstone East precinct of North West Growth Centre under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 — at acquisition date virtually certain that this precinct would be released and rezoned for residential subdivision under the SEPP — likely that rezoning would occur in late 2014 / early 2015 and be R2 zoning requiring minimum of 15 dwellings per hectare and 250 square metre lots — assessment of market value by reference to comparable sales — consideration of distinction between out of line sale, sale to an adjoining owner prepared to pay more for adjoining land, and sale to an anxious purchaser — selection of comparable sales — appropriate adjustments including for contamination of one of the acquired properties — claim for disturbance loss in respect of a truck haulage business carried on by a partnership on one of the acquired properties owned by one of the partners — whether all claimed disturbance losses compensable under s 59, if so, whether not payable under s 61 because would necessarily have been incurred in realising the potential on the basis of which the market value of the land was assessed.
Case Details
Citation[2014] NSWLEC 44
CourtNSWLEC
JurisdictionNew South Wales
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