Graham v Valuer General of New South Wales [2006] NSWLEC 566

Land and Environment Court of New South Wales

CITATION : Graham v Valuer General of New South Wales [2006] NSWLEC 566

APPLICANT Keith James Graham PARTIES : RESPONDENT Valuer General of New South Wales

FILE NUMBER(S) : 31072 of 2005

CORAM: Hoffman C

KEY ISSUES: Valuation of Land :- Heritage item on property, section 14G of Land & Valuation Act 1916

Lismore Local Environmental Plan 2000 LEGISLATION CITED: Land and Valuation Act 1916 Development Control Plan No.7 - Flood Prone Lands

CASES CITED: Maurici v Chief Commissioner of State Revenue [2003] 212 CLR 111 ; AMP Henderson Global Investor Ltd v Valuer General [2004] 134 LGERA 426

DATES OF HEARING: 17/07/2006

DATE OF JUDGMENT: 09/08/2006

APPLICANT Mr K Graham, solicitor Of: Grahams Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr J Maston, barrister Instructed by Mr P Rankins Of Crown Solicitors Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

8 September 2006

31072 of 2005 Keith James Graham v Valuer-General of NSW

JUDGMENT

1 This is a Class 3 Appeal No. 31072 of 2005 between Keith J Graham and the Valuer-General of New South Wales in regard to the amount of $227,000 fixed as the valuation Base Dated 1 July 2004, for property known as No. 22 Woodlark Street, Lismore.

2 The property has on it a late 1800's 2-storey brick building with a 3-storey tower, and is classified as a Heritage Item of "State Built" significance under the Lismore Local Environmental Plan 2000. The building is known as the Graham Centre, and is currently used as offices for lawyers and real estate agents plus three (3) residential flats.