Knapp v Valuer General [2004] NSWLEC 684

Land and Environment Court of New South Wales

CITATION : Knapp v Valuer General [2004] NSWLEC 684 APPLICANT Cecil James and Janice Lea Knapp PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30559 of 2004 CORAM: Murrell C KEY ISSUES: Valuation of Land :- Valuation of Land contested by owner LEGISLATION CITED: Land and Valuation Act CASES CITED: DATES OF HEARING: 27/08/2004 DATE OF JUDGMENT: 12/17/2004

APPLICANT CJ & JL Knapp Litigant in Person

LEGAL REPRESENTATIVES: RESPONDENT Mr A M Pickles, barrister Instructed by: A Gray Crown Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

16 December 2004

30559 of 2004 Cecil James and Janice Lea Knapp v Valuer General

JUDGMENT 1 This judgment is for an appeal under s 37 of the Valuation of Land Act 1916 in respect of the land known as No. 13 Burke Parade, Gerroa. The owners of the subject land are contesting the valuation as at the base date of 1 July 2003.

2 The Valuer General placed a land value of $540, 000 on the subject site. The land value is assessed under s6(A1) of the Valuation of Land Act 1916 and as amended. This in effect is a capital sum, which the property would realise if offered for sale at the base date, assuming the improvements on the land had not been made. The applicants contend that the valuation should be $380,000.

3 The subject land is Lot A in DP 394436 parish of Broughton, County of Camden in the local government area of Kiama. The site is subject to a right of way of variable width as shown in figure 1. This ROW provides pedestrian access for the blocks of land at the rear of the subject property as a more direct means of access to the beach. The properties on this portion of Burke Parade are separated from the beach by the road, pavement and a public reserve that links to a pedestrian bridge that crosses the Crooked River to the beach area (refer to figure 2).