P J George & Anor v Valuer General [2006] NSWLEC 298

Land and Environment Court of New South Wales

CITATION : P J George & Anor v Valuer General [2006] NSWLEC 298

APPLICANT Paul John George and PARTIES : Paul George Pty Limited

RESPONDENT Valuer General

FILE NUMBER(S) : 30970 of 2005

CORAM: Hussey C

KEY ISSUES: Valuation of Land :-

LEGISLATION CITED: Valuation of Land Act 1916

CASES CITED: Brewarrana Pty Ltd v Commissioner of Main Roads (1973) [No. 1] LGRA 240

DATES OF HEARING: 29/05/2006

DATE OF JUDGMENT: 06/02/2006

APPLICANT Mr H. Wright, barrister for Brennan Tipple Partners LEGAL REPRESENTATIVES: RESPONDENT Mr S. Lloyd, barrister for Crown Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

2 June 2006

30970 of 2005 Paul John George & Anor v Valuer General

JUDGMENT

Background. 1 This matter involves an appeal under s 38 of the Valuation of Land Act 1916 against the Valuer Generals refusal to allow an objection to the value of a property situated at 85 Avoca Dr, Avoca Beach. Particulars of valuation.

2 The valuation is made under Section 6A of all the Valuation of Land Act 1916. + Base Date: 1 July 2004. + Land Value: $3,400,000. + Legal description: Lot 1,DP 708641. + Area: 897.8 sq m. Zoning. 3 The subject land is zoned Residential (Beach Frontage) 2 (f) under the provisions of the Gosford Planning Scheme, as amended. General Description. 4 The property is located on the north east corner of Avoca Drive and Vale Ave, at the southern end of Avoca Beach. Its back boundary (eastern) abuts onto the western side of a beachside carpark which is shared by Avoca Surf Club and the general public; this park has a capacity of about 40 vehicles, plus 40 on either side of Vine St, allowing parking for about 80 vehicles.