Taylor v Lismore City Council [2005] NSWLEC 146

Land and Environment Court of New South Wales

CITATION : Taylor v Lismore City Council [2005] NSWLEC 146

APPLICANTS Ross Kenneth Taylor and Maree Lee Taylor

PARTIES : RESPONDENT Lismore City Council

FILE NUMBER(S) : 31537 of 2004

CORAM: Nott C

Appeal - Valuation of Land :- whether a 13.11 ha property should be categorised as farmland - whether business of grazing has a significant and substantial commercial purpose or character KEY ISSUES:

LEGISLATION CITED: Local Government Act 1993, s 526

Colby v Lismore City Council 30248 of1991; Costa v Lismore City Council 30181 of 1989; Hope v Bathhurst City Council [1980] 144 CLR 1; CASES CITED: Lismore City Council v Durheim 30182 of 1989; Meriton Apartments Pty Ltd v Parramatta City Council [2003] NSWLEC 309; Page v Parkes Shire Council 30090 of 1990

DATES OF HEARING: 14 March 2005 EX TEMPORE JUDGMENT DATE : 03/14/2005

APPLICANTS Mr and Mrs Taylor themselves LEGAL REPRESENTATIVES: RESPONDENT Mr J Beacroft, council officer

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

14 March 2004

31537 of 2004: Ross Kenneth Taylor and Maree Lee Taylor v Lismore City Council

JUDGMENT

1 This is an appeal under s 526 of the Local Government Act 1993 in respect of the applicants' property at Howards Grass Road, Goonellabah. The property comprises lot 3, DP 212498, having an area of approximately 4.5 acres or 1.8 ha and lot 14, DP 551625 having an area of approximately 28 acres or 11.2 ha, together with an area covered by enclosure permit 40242. According a valuation notice relating to the subject land the total area of the land is 13.11 ha. The council rated the land as residential land but the applicants claim that the land should be rated as farmland. 2 I incorporate in my judgment the relevant portions of ss 516 and 526 of the Local Government Act 1993: