Taitz & Anor -v- Valuer General [2007] NSWLEC 772

Land and Environment Court of New South Wales

CITATION : Taitz & Anor -v- Valuer General [2007] NSWLEC 772

APPLICANT Nicole Taitz & Anor PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30631 of 2007

CORAM: Miller AC

KEY ISSUES: Valuation of Land :- Land Value

LEGISLATION CITED: Land and Environment Court Act 1979 Valuation of Land Act 1916

DATES OF HEARING: 31/10/2007

DATE OF JUDGMENT: 22 November 2007

APPLICANT Mr J Taitz, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr J Maston, barrister Instructed by Mr P Rankin, solicitor of Valuer General

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Miller AC

22 November 2007

30631 of 2007 Taitz, Nicole and Anor v Valuer General

JUDGMENT 1 This is an Appeal by Mrs N Taitz (the Applicant), under Section 37 of the Valuation of Land Act 1916 (the Act), against the Land Value assessed by the Valuer General (the Respondent) in respect of the property known as 32 Towns Road, Vaucluse (the site). BACKGROUND 2 The Land Value of the site, as assessed by the Respondent, as at 1 July 2006 (the base date) was $1,500,000.00.

3 The matter was listed as an on site Preliminary Conference under the provisions of Section 34 of the Land and Environment Court Act 1979. At the commencement of the Conference the parties requested I dispose of the matter in accordance with Section 34 (3)(b)(ii) on the basis that a Hearing would proceed forthwith. As required under Section 34(3A) the reasons for my decision are set out hereunder. THE SITE 4 This is located on the southern side of Towns Road, one house block to the east of Cecil Road. It is an irregular shaped lot which can be properly described as a trapezium. It has a particularly wide frontage to Towns Road of 24.24 metres, a depth on the eastern side of 41.81 metres, on the western side of 49.065 metres while the rear alignment is 8.535 metres. Land area is 708.2 m2. Improvements comprise a detached brick and tile residence with attached double garage located on the western side thereof. The land between Towns Road and the front of the existing building is level. At the rear of the building the land is approximately .6 metres below street frontage. From this point the land falls 2.6 metres, over a distance of approximately 20 metres, to the rear boundary. From the footpath in front of the site the Sydney Harbour Bridge is clearly visible with the harbour in the middle distance. From the rear of the site a commanding view is available, over steeply falling land at a lower level, in a generally southerly direction extending from Royal Sydney Golf Course to Bondi Beach and to the ocean beyond. Having regard to the topography of adjacent land there is negligible risk that this view will be lost although it may be encroached upon, to a minor extent, if the residence on the eastern side of the site was extended or demolished and a anew building constructed.