Allandale Blue Metal Pty Ltd v Roads and Maritime Services (No 6)

Land and Environment Court New South Wales Medium Neutral Citation: Allandale Blue Metal Pty Ltd v Roads and Maritime Services (No 6) [2015] NSWLEC 18 Hearing dates:16-18, 21-25, 28-30 July 2014, 16, 17, 22-24, 29-30 October 2014, 19 November 2014Decision date: 17 February 2015 Jurisdiction:Class 3Before: Pain J Decision: See paragraph 447 Catchwords: COMPULSORY ACQUISITION OF LAND – compulsory acquisition of part of land for freeway – whether compensation for market value includes value of quarry resource in land – disturbance claim by quarry operating tenant does not exclude claim for market value of resource affected by acquisition by landowner of acquired land – highest and best use can include more than one use of land – application of discount cash flow (DCF) model to value resource – value to be attributed in DCF model to risk of no approval of quarry extension in before scenario– extent of loss of access to resource in after due to need for safety buffer around freeway – value of non-quarry land in before and after using comparable sales method Legislation Cited: Cessnock Development Control Plan 2006 Cessnock Local Environmental Plan 1989 cl 11A(2) Environmental Planning and Assessment Act 1979 Pt 3A s 75B, s 75W, s 96 Environmental Planning and Assessment Regulation 2000 cl 8J Land Acquisition (Just Terms Compensation) Act 1991 s 3, s 11, s 12, s 15, s 18, s 20, s 37, s 39, s 40, s 41, s 42, s 43, s 54, s 55, s 56, s...