Constantine v Blacktown City Council (No 2)

[2016] NSWLEC 81

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Compulsory Acquisition
2. › underlying zonings absent the public purpose
3. › position agreed for portion of the acquired land
4. › approach to be taken when little difference between valuers
5. › position more beneficial to disposed owner adopted
1. Compulsory Acquisition
2. › underlying zonings absent the public purpose
3. › whether process for consideration of ecological issues related to the public purpose
4. › ecological issues considered in broader planning context separate from public purpose
5. › conservation zoning appropriate absent the public purpose
1. Compulsory Acquisition
2. › possibility of land with underlying conservation zoning being up-zoned to permit development (absent the public purpose)
3. › no realistic prospect of up-zoning
4. › compensation for portion of the land with an underlying conservation zoning to be determined solely on that basis
1. Compulsory Acquisition
2. › claim for disturbance
3. › claim partially disputed
4. › two elements disallowed but remainder allowed
5. › claimed items must relate to the present acquisition process not pre-acquisition negotiations
6. › claimed items must relate to the present actual use of the land not some possible future use of the land