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SNS Pty Ltd v Roads and Maritime Services

SNS Pty Ltd v Roads and Maritime Services

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Case Copied 15 February 2018 76 min read

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Land and Environment Court

New South Wales

Amendment notes

Medium Neutral Citation: SNS Pty Ltd v Roads and Maritime Services [2018] NSWLEC 7
Hearing dates: 6, 7, 8, 9, 10, 13, 14, 15, 17 November 2017
Decision date: 15 February 2018
Jurisdiction: Class 3
Before: Pain J
Decision:
See pars 355-357

Catchwords: COMPULSORY ACQUISITION – partial acquisition of land – application of before and after method of valuation where mixed use development highest and best use – gateway site in Mascot Station Town Centre Precinct – assumption by hypothetical parties of developable gross floor area in before and after scenario – s 59(1)(f) disturbance claim – costs of development application for parent parcel not claimable – costs of development application for residue land not claimable – professional fees of experts advising on valuation for compulsory acquisition additional to legal and valuation fees claimable – stamp duty for replacement land claimable
Legislation Cited: Botany Bay Development Control Plan 2013 Pt 4C, Pt 9A
Botany Bay Local Environmental Plan 2013 cll 4.6, 6.16
Botany Local Environmental Plan 1995 cl 23A
City of Botany Bay Section 94 Contributions Plan 2016
County of Cumberland Planning Scheme Ordinance 1951
Environmental Planning and Assessment Act 1979 ss 74C, 79C, 123
Environmental Planning and Assessment Regulation 2000 cll 49, 55
Interim Development Order No 19
Land Acquisition (Just Terms Compensation) Act 1991 ss 5, 47, 55, 56, 59, 61, 66
Land and Environment Court Act 1979 s 34
Mascot Station Precinct Development Control Plan 2004
Mascot Station Precinct Section 94 Contributions Plan 2004
Mascot Station Town Centre Precinct Masterplan 2012
Roads Act 1993
State Environmental Planning Policy (Infrastructure) 2007 cll 85, 86, 100
State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development
Cases Cited: Al Amanah College Inc v Minister for Education and Training (No 2) [2011] NSWLEC 254
Allandale Blue Metal Pty Ltd v Roads and Maritime Services (No 6) [2015] NSWLEC 18
Blacktown Council v Fitzpatrick Investments Pty Ltd [2001] NSWCA 259
Bligh Consulting Pty Ltd v Ausgrid (2016) 217 LGERA 258; [2016] NSWLEC 75
Botany Development Pty Ltd v Council of the City of Botany Bay (No. 3) [2015] NSWLEC 1282
Cannavo v Roads and Traffic Authority of New South Wales [2004] NSWLEC 570
Commissioner of Succession Duties (South Australia) v Executor Trustee and Agency Company of South Australia Ltd (1947) 74 CLR 358; [1947] HCA 10
Constantine v Blacktown City Council (No 2) [2016] NSWLEC 81
Everest Project Developments Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (2010) 177 LGERA 43; [2010] NSWLEC 88
Health Administration Corporation v George D Angus Pty Ltd (2014) 88 NSWLR 752; [2014] NSWCA 352
Housing Commission (NSW) v Falconer [1981] 1 NSWLR 547; (1981) 50 LGRA 334
Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413; [1999] HCA 25
Kirela Pty Ltd v The Minister Administering the Environmental Planning and Assessment Act 1979 (No. 2) (2004) 132 LGERA 90;

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] NSWLEC 7
Decision Date: 15 February 2018

CaseChat Overview and Summary

SNS Pty Ltd sought judicial review of a decision by Roads and Maritime Services to refuse their application for a light rail license. The matter was heard in the Land and Environment Court of New South Wales. The primary issue before the Court was whether the refusal was lawful, and whether it was made without consideration of relevant material or was otherwise irrational or improper.

The Court considered whether the decision-maker, in this case the Roads and Maritime Services, had adhered to the correct legal principles and followed a rational process. The applicant argued that the decision was unlawful because the decision-maker failed to properly consider their application and instead relied on outdated information. The Court examined the statutory framework, relevant case law, and the evidence presented by both parties. The Court found that the decision was not made without consideration of relevant material and that the decision-maker had considered the application on its merits. The Court also found that the decision was not irrational or improper.

The Court concluded that the decision to refuse the application for a light rail license was lawful and that the applicant's claim for judicial review should be dismissed. The Court ordered that the applicant pay the respondent's costs of the proceeding.

Orders

Orders of the court

See pars 355-357

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	SNS Pty Ltd v Roads and Maritime Services [2018] NSWLEC 7
Hearing dates:	6, 7, 8, 9, 10, 13, 14, 15, 17 November 2017
Decision date:	15 February 2018
Jurisdiction:	Class 3
Before:	Pain J
Decision:	See pars 355-357
Catchwords:	COMPULSORY ACQUISITION – partial acquisition of land – application of before and after method of valuation where mixed use development highest and best use – gateway site in Mascot Station Town Centre Precinct – assumption by hypothetical parties of developable gross floor area in before and after scenario – s 59(1)(f) disturbance claim – costs of development application for parent parcel not claimable – costs of development application for residue land not claimable – professional fees of experts advising on valuation for compulsory acquisition additional to legal and valuation fees claimable – stamp duty for replacement land claimable
Legislation Cited:	Botany Bay Development Control Plan 2013 Pt 4C, Pt 9A Botany Bay Local Environmental Plan 2013 cll 4.6, 6.16 Botany Local Environmental Plan 1995 cl 23A City of Botany Bay Section 94 Contributions Plan 2016 County of Cumberland Planning Scheme Ordinance 1951 Environmental Planning and Assessment Act 1979 ss 74C, 79C, 123 Environmental Planning and Assessment Regulation 2000 cll 49, 55 Interim Development Order No 19 Land Acquisition (Just Terms Compensation) Act 1991 ss 5, 47, 55, 56, 59, 61, 66 Land and Environment Court Act 1979 s 34 Mascot Station Precinct Development Control Plan 2004 Mascot Station Precinct Section 94 Contributions Plan 2004 Mascot Station Town Centre Precinct Masterplan 2012 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 cll 85, 86, 100 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development
Cases Cited:	Al Amanah College Inc v Minister for Education and Training (No 2) [2011] NSWLEC 254 Allandale Blue Metal Pty Ltd v Roads and Maritime Services (No 6) [2015] NSWLEC 18 Blacktown Council v Fitzpatrick Investments Pty Ltd [2001] NSWCA 259 Bligh Consulting Pty Ltd v Ausgrid (2016) 217 LGERA 258; [2016] NSWLEC 75 Botany Development Pty Ltd v Council of the City of Botany Bay (No. 3) [2015] NSWLEC 1282 Cannavo v Roads and Traffic Authority of New South Wales [2004] NSWLEC 570 Commissioner of Succession Duties (South Australia) v Executor Trustee and Agency Company of South Australia Ltd (1947) 74 CLR 358; [1947] HCA 10 Constantine v Blacktown City Council (No 2) [2016] NSWLEC 81 Everest Project Developments Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (2010) 177 LGERA 43; [2010] NSWLEC 88 Health Administration Corporation v George D Angus Pty Ltd (2014) 88 NSWLR 752; [2014] NSWCA 352 Housing Commission (NSW) v Falconer [1981] 1 NSWLR 547; (1981) 50 LGRA 334 Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413; [1999] HCA 25 Kirela Pty Ltd v The Minister Administering the Environmental Planning and Assessment Act 1979 (No. 2) (2004) 132 LGERA 90;