Souter v Valuer-General [2008] NSWLEC 20

Land and Environment Court of New South Wales

CITATION : Souter v Valuer-General [2008] NSWLEC 20

APPLICANT John Souter PARTIES : RESPONDENT Valuer-General

FILE NUMBER(S) : 30227 of 2007

CORAM: Sheehan AC

KEY ISSUES: Development Application - Valuation of Land :- unimproved land value

LEGISLATION CITED: Valuation of Land Act 1916 Shoalhaven Local Environmental Plan 1985

CASES CITED: Souter v Valuer General [2006] NSWLEC 588 Pyramid Pacific Pty Limited v Ku-ring-gai Council NSWLEC 522 [2006]

DATES OF HEARING: 31/01/2008

DATE OF JUDGMENT: 8 February 2008

APPLICANT Mr J. Souter, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms I. Ryan, barrister Instructed by Mr B. Row of Crown Solicitors Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Sheehan AC

8 February 2008 30227 of 2007: Souter, John v Valuer-General

JUDGMENT 1 COMMISSIONER: This Appeal is against the unimproved land value assessed by the Valuer General at Base Date 1 July 2005 for 5 Silver Strand Circle, Hyams Beach. The site 2 The site is: o 5 Silver Strand Circle – Lot 22 DP 847268 - the site has a frontage of 9.41m to Silver Strand Circle and other boundaries of 10.485m, 33.5m and 33.51m giving a total site area of 334sq m. 3 The site is located approximately 200m west of the southern section of the beach front of Hyams Beach. The undulating topography of the Hyams Beach area provides for a largely consistent rise in elevation from the beach front westerly to the town boundary with the adjoining national park. The site contains a semi detached dwelling over two levels, with a covered car space beneath a front raised deck, and appears to be used for short term holiday lettings. No significant trees appear to be located on the site, which rises significantly from the street frontage to the rear.