Campbell, M & Anor v Valuer-General [2005] NSWLEC 609

Land and Environment Court of New South Wales

CITATION : Campbell, M & Anor v Valuer-General [2005] NSWLEC 609

APPLICANTS Peter Malcolm Campbell Malcom William Campbell PARTIES : RESPONDENT Valuer-General of Department of Lands

FILE NUMBER(S) : 31265 of 2004

CORAM: Talbot ACJ

KEY ISSUES: Valuation of Land :- land value

LEGISLATION CITED: Valuation of Land Act 1916

DATES OF HEARING: 25/10/05-26/10/05

DATE OF JUDGMENT: 10/31/2005

APPLICANT N/A

LEGAL REPRESENTATIVES: RESPONDENT Mr G Bartley SOLICITORS Crown Solicitor's Office

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot ACJ

31 October 2005

31265 of 2004 Campbell, M and Anor v Valuer-General

JUDGMENT 1 Talbot ACJ: This is an appeal against the unimproved land value assessed by the Valuer-General ("the respondent") for Lots 257 and 258 DP 27201, being 48-50 Vena Avenue Gorokan ("the site"). Lot 257 has an area of 542m2 and Lot 258 has an area of 513m2. The two lots are vacant except for some clearing and the construction of a gutter crossing with a gravel surface and a mixture of boundary fencing. Trees are located on the property, one with termite infestation. 2 The land value of the site, as assessed by the NSW Department of the Valuer-General for rating purposes as at Base Date 1 July 2003 was $322,000. 3 The site is zoned 2(a) Residential under the provisions of Wyong Local Environmental Plan 1991 ("LEP 1991"). Development on the site is generally controlled through the provisions of Wyong Development Control Plan No. 58 ("DCP 58"). Single residential dwellings are permissible on both lots. Clause 5.3 requires a minimum area of 550 m2 for a dual occupancy building (or attached dual occupancy) and 700 m2 for a dual occupancy development (or detached dual occupancy). 4 Mr Neil Everson, a Certified Practising Valuer, provided evidence for the applicant and determined land value of the site at $279,000. 5 Mr Ian Davey, a Certified Practising Valuer, provided evidence for the Valuer-General and determined land value of the site at $350,000. 6 Both valuations were made for the purposes of s 6A of the Valuation of Land Act 1916 ("the Act").