Balranald Gypsum Pty Ltd v Department of Planning Industry and Environment [2022] NSWLEC 1010

Land and Environment Court New South Wales

Medium Neutral Citation: Balranald Gypsum Pty Ltd v Department of Planning Industry and Environment [2022] NSWLEC 1010 Hearing dates: Conciliation conference on 15 December 2021 Date of orders: 7 January 2022 Decision date: 07 January 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: 1) The appeal is upheld. 2) The land value of Lot 1184 in Deposited Plan 762595 at Ivanhoe Road, Balranald NSW as at 1 July 2019 is $73,900. 3) Each party to bear their own costs of the proceedings. Catchwords: OBJECTION TO VALUER GENERAL's DETERMINATION OF LAND VALUE – conciliation conference – agreement between the parties – orders Legislation Cited: Balranald Local Environmental Plan 2010 Land and Environment Court Act 1979, ss 34, 39 Valuation of Land Act 1916, ss 14F, 37, 38, , 40 Category: Principal judgment Parties: Balranald Gypsum Pty Ltd (Applicant) Valuer General (Respondent) Representation: Counsel: M Seymour (Applicant) P Rankin (Solicitor) (Respondent)

Solicitors: Brian V O'Haire (Applicant) Crown Solicitor of NSW (Respondent) File Number(s): 2021/263882 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to s 37 of the Valuation of Land Act 1916 (Valuation Act) against the Valuer General's determination of objection dated 7 May 2021 for land owned by the Applicants. 1. The proceedings fall with Class 3 of the Court's jurisdiction pursuant to s 19 of the Land and Environment Court Act 1979 (LEC Act). 2. The statutory power or function to be exercised in determining the proceedings are ss 34(3) and 39(2) of the LEC Act, and s 40(1) of the Valuation Act.