Coffs Harbour City Council v Noubia Pty Ltd

(2020) 246 LGERA 56; [2020] NSWCA 142

NSW Court of Appeal

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Interrogate

Catchwords

1. Valuation
2. › Methods of valuation
3. › Before and after method
4. › Developed land on alluvial floodplain
5. › Whether alternative hypothetical developments the most financially advantageous use of land
6. › Whether alternative development would have received approval
7. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 54, 55, 56
1. Valuation
2. › Valuation of land
3. › Principles
4. › Whether detention and management of upstream water flows by downstream land owner a 'public purpose' to be disregarded in a valuation exercise
5. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 56(1)(a)
1. Environment and Planning
2. › Consent
3. › Conditions
4. › Construction
5. › Transfer of land to Council
6. › Public purpose
7. › Importation of valuation principles from the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
8. › Environmental Planning and Assessment Act 1979 (NSW), ss 94, 94B
1. Judgments and Orders
2. › Reasons
3. › Duty to give reasons
4. › Failure to give reasons
5. › Constructive failure to exercise jurisdiction distinguished

Quick Take

Practitioners advising on compensation for land dedicated under development consent conditions should note that an alternative hypothetical development that fails to address inherent natural constraints on the land (such as upstream flooding) cannot be assumed to be an available development for valuation purposes, even where the constraint overlaps with a 'public purpose' to be disregarded.