Gilles -v- Valuer General [2008] NSWLEC 1508

Land and Environment Court of New South Wales

CITATION : Gilles -v- Valuer General [2008] NSWLEC 1508

APPLICANT Joseph John Gilles & Anor PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 31260 of 2007, 31261 of 2007 and 31087 of 2007

CORAM: Miller AC

KEY ISSUES: Appeal :- Interpretation of Development Control Plan and Development Control Plan Parking; analysis of comparable sales and application of results.

Randwick Local Environmental Plan 1998 LEGISLATION CITED: Development Control Plan for Matraville Town Centre Development Control Plan, Parking Valuation of Land Act 1916

CASES CITED: Commissioner of Succession Duties (South Australia) and Executor Trustee and Agency Company of South Australia Ltd and Anors 74 CLR 358 at 373

DATES OF HEARING: 25/9/2008, 26/09/2008 & 7/11/2008

DATE OF JUDGMENT: 31 December 2008

Applicant Mr M. CLeary, barrister GIles Payne & Co LEGAL REPRESENTATIVES: Respondent Mr M. McGrowdie, barrister Crown Solicitors Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Miller AC

30 December 2008

31260 of 2007 Gilles JJ & Pyntoe P/L v Valuer General 31261 of 2007 Gilles JJ & Gilles GM v Valuer General 31087 of 2007 Gilles JJ v Valuer General

JUDGMENT 1 These are appeals against the land values assessed under section 6A (1) of the Valuation of Land Act 1916 (the Act) in respect of properties 462, 488 and 506 Bunnerong Rd, Matraville as at the Base Date of 1 July 2006. Background 2 Land values originally assessed by the Valuer General and contended on behalf of the respective Applicants are as follows: Valuer General Applicant 462 Bunnerong Rd $305,000 $141,610 488 Bunnerong Rd $825,000 $375,570 506 Bunnerong Rd $740,000 $312,975 3 However, at the hearing it was contended, on behalf of the Valuer General, that the land values were understated and should be: 462 Bunnerong Rd $455,000 488 Bunnerong Rd $1,040,000 506 Bunnerong Rd $940,000 4 The properties are located on the western side of Bunnerong Rd, Matraville and form part of the Matraville shopping centre which is, almost entirely, a one-sided strip shopping area extending, at its extremities, between Beauchamp Road and Harold St. Matraville as a shopping centre has declined over the years and is now no more than a neighbourhood or a convenience type centre which suffers severely from its major competitors, namely, Westfield East Gardens, South Point Shopping Centre (both of which are situated on Bunnerong Rd 1.2 km and .5 km, respectively, north of Beauchamp Road) and Pacific Square at Maroubra Junction. They provide a full range of facilities and services including department stores, supermarkets, specialty stores, entertainment as well as incorporating excellent car parking. The Properties 5 462 Bunnerong Rd is located towards the northern end of the Matraville shopping centre approximately 100 m south of Beauchamp Road. It has a frontage of 6.1 m, an average depth of 33.2 m with a 6.1 m frontage to Baird Lane (which lies parallel to Bunnerong Rd). Land area is 202.3 square metres. The land falls slightly from street frontage to the rear lane.