Chantal v Valuer General [2009] NSWLEC 1135

Land and Environment Court of New South Wales

CITATION : Chantal v Valuer General [2009] NSWLEC 1135

APPLICANT Chantal Holdings Pty Ltd PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 31240 & 31241 of 2007

CORAM: Bly C

KEY ISSUES: VALUATION OF LAND :- commercial land; comparable sales

Valuation of Land Act 1916 LEGISLATION CITED: Warringah Local Environmental Plan 2000. Land and Environment Court Act 1979

DATES OF HEARING: 17 March & 18 March 2009

DATE OF JUDGMENT: 1 May 2009

APPLICANT Mr I Hemmings Barrister Instructed by Wood Marshall Williams LEGAL REPRESENTATIVES:

RESPONDENT Mr G Newport Barrister Instructed by Crown Solicitors Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

1 May 2009

31240 of 2007 and 31241 of 2007 Chantal v Valuer General

JUDGMENT Introduction 1 These two appeals are against the Valuer General's land value at base date 1 July 2006 under section 6A of the Valuation of Land Act 1916, for the following two adjoining properties: o 130 Old Pittwater Road, Brookvale (Lot A Deposited Plan 402556). This property has an agreed usable site area of 7,480 square metres and a 40.54 m frontage. It rises moderately steeply towards the rear. It is developed with two freestanding older style warehouse buildings. (Appeal No. 31240 of 2007) o 134-140 Old Pittwater Road, Brookvale (Lot 1 Deposited Plan 703489). This property has an agreed usable site area of 10,190 square metres and a 60.7 m frontage. It rises steeply towards the rear. It is developed with a substantial office/warehouse complex containing a number of individual units. (Appeal No. 31241 of 2007) 2 Both of these properties are subject to the provisions of Locality G10 Brookvale Industrial West and Locality G3 Open Space Reservation under Warringah Local Environmental Plan 2000. The Valuer General's land values