Hill v Blacktown City Council

[2008] NSWLEC 249

Land and Environment Court

of New South Wales

CITATION:

Hill v Blacktown City Council and Anor [2008] NSWLEC 249

PARTIES:

APPLICANT
William Hill
FIRST RESPONDENT
Blacktown City Council
SECOND RESPONDENT
Minister administering the Environmental Planning and Assessment Act 1979

FILE NUMBER(S):

11215 of 2007

CORAM:

Pain J

KEY ISSUES:

Practice and Procedure :- clarification of final orders

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
Land Acquisition (Just Terms Compensation) Act 1991

CASES CITED:

Hill v Blacktown City Council and the Minister administering the Environmental Planning and Assessment Act 1979 [2008] NSWLEC 203

DATES OF HEARING:

19 August 2008

EX TEMPORE JUDGMENT DATE:

19 August 2008

LEGAL REPRESENTATIVES:

APPLICANT
Mr A Bisits (Solicitor)

FIRST RESPONDENT
Mr T O'Connor (Solicitor, submitting appearance)
SECOND RESPONDENT
Ms S Duggan with Mr M Seymour
SOLICITOR
Holding Redlich

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Pain J

19 August 2008

11215 of 2007 Hill v Blacktown City Council and the Minister administering the Environmental Planning and Assessment Act 1979 (No 2)

EX TEMPORE JUDGMENT

1 Her Honour: In Hill v Blacktown City Council and the Minister administering the Environmental Planning and Assessment Act 1979 [2008] NSWLEC 203 I determined a s 96AA appeal under the Environmental Planning and Assessment Act 1979 (the EP&A Act), to the effect that the condition appealed against should be replaced by an alternative condition set out at [14] of that judgment.

2 The condition identified in general terms the matters to be included in a deed between Mr Hill and the Minister administering the EP&A Act. Subsequent discussions between the parties has identified an issue in relation to par (f) of the draft condition which read:

(f) For the release of the Department from any claim arising under the Land Acquisition (Just Terms Compensation) Act 1991 for compensation except as provided for in the Deed.

3 This condition in the deed would mean that any compensation payable in the event of acquisition has to be in accordance with the deed, not under the terms of the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act) at all.

4 It is important that the Applicant’s rights under the Just Terms Act are preserved to the extent that they are not modified by the deed intended to be made under s 63 of that Act as provided for in the amended condition 46. Accordingly, par (f) has now been amended to read:

(f) For the release of the Department from a claim arising under the Land Acquisition (Just Terms Compensation) Act 1991 for the compensation as provided for in the Deed.

5 This means that when/if acquisition of Mr Hill’s land takes place in the future, and the deed applies, only the matters in relation to which the deed operates will be affected, that is, market value and disturbance as specified in the deed. Any other bases for compensation under the Just Terms Act will continue to be claimable by the Applicant.

6 Therefore, final orders filed by the parties dated 19 August 2008 with the amended par (f) identified above at par 3 are made.