Allen v Valuer General [2006] NSWLEC 691

Land and Environment Court of New South Wales

CITATION : Allen v Valuer General [2006] NSWLEC 691

APPLICANT Michael Phillip Allen PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 31497 of 2005

CORAM: Murrell C

KEY ISSUES: Appeal :- Valuation of 3 hectares parcel of land at Adelong, comparable sales, constraints and variables

LEGISLATION CITED: Valuation of Land Act 1916 Tumut Local Environment Plan 1990

DATES OF HEARING: 22/06/2006

DATE OF JUDGMENT: 11/09/2006

APPLICANT Mr M Allen, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms A Pearman, barrister Instructed by: Mr P Rankins, solicitor Of: Crown Solicitor's Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

9 November 2006

31497 of 2005 Michael Phillip Allen v Valuer General

JUDGMENT

1 This judgment is for an appeal under s 37 of the Valuation of Land Act 1916 (the Act) for the property being Lots, 64, 70 and 1053 in DP 757211 Victoria Hill Road, Adelong, in the Tumut Shire.

2 The land is 3.15 ha in size and is zoned Rural 1(a) under the Tumut Local Environment Plan 1990. Figure 1 shows the location of the site and the township of Adelong.

3 Victoria Hill Road serves the subject property and this is an all weather gravel road except for the last 200 m where it becomes a gravel track. The topography of the land is relatively steeply sloping from Victoria Hill Road and becomes more gently undulating to the sandy creek flats adjacent to the adjoining parcel of land. The site is generally cleared with a few scattered trees and rock outcrops with mounds of mining filings. Adelong township can be seen on the other side of the river from the subject property as well as the surrounding rural area.