Croghan v Blacktown City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

29/11/2016

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Land valuation

REVIEW TYPE

Merits Review

SUMMARY

VALUATION OF LAND – valuation methodology - whether “piecemeal” or “before and after” approach is most appropriate – degree of flood affectation and effect on development potential – extent to which potential purchaser would seek advice on flood affectation– parameters of “public purpose for which the land was acquired” per s 56(1)(a) of the Valuation of Land (Just Terms Compensation) Act 1991 – whether statutory disregard in this instance requires that s 94 contributions plan, or SEPP or Council flood mapping, be disregarded – statutory disregard of public purpose applies only to the land that has been acquired – whether changed access arrangements constituted injurious affection – whether any betterment offset injurious affection

CASE DOCUMENTS

Croghan v Blacktown City Council [2019] NSWLEC 2