Holcim (Australia) Pty Ltd v Valuer-General [2009] NSWLEC 225

Land and Environment Court of New South Wales

CITATION : Holcim (Australia) Pty Ltd v Valuer-General [2009] NSWLEC 225

APPLICANT: Holcim (Australia) Pty Ltd PARTIES : RESPONDENT: Valuer-General

FILE NUMBER(S) : 31205 of 2008; 31206 of 2008

CORAM: Biscoe J

KEY ISSUES: VALUATION OF LAND :- appeal from Valuer General's land value assessments - industrial land

Blacktown Local Environment Plan 1988 LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 75J, Part 3A Valuation of Land Act 1916, ss 6A(1), 37(1), 40

CASES CITED: McKee v Valuer-General [1971] NZLR 436

DATES OF HEARING: 2 - 4 November 2009

DATE OF JUDGMENT: 24 December 2009

APPLICANT: Mr G. Colman SOLICITORS: DibbsBarker LEGAL REPRESENTATIVES: RESPONDENT: Mr J. Maston SOLICITORS: Crown Solicitor's Office (NSW)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

24 December 2009

31205 and 31206 of 2008

HOLCIM (AUSTRALIA) PTY LTD v VALUER-GENERAL

JUDGMENT 1 HIS HONOUR: These are two appeals by Holcim (Australia) Pty Ltd against the Valuer-General's assessments of the land value of its vacant industrial land at 21 Kellogg Road, Rooty Hill, being Lot 5 in DP 255515 (Land). The statutory assessments were $17,500,000 (representing $190/m2 x 91,944 m2 of developable land) and $18,800,000 ($204/m2 x 91,944 m2) at the respective base dates of 1 July 2006 and 1 July 2007. 2 The applicant submits, based on its valuation evidence, that: (a) the 2006 land value should be assessed at $12,800,900 ($175/m 2 x 73,148m 2 ) for the northern portion of the Land plus a nominal sum of $40,000 for the southern portion; (b) the 2007 land value should be assessed at $14,629,600 ($200/m 2 x 73,148m 2 ) for the northern portion of the Land plus a nominal sum of $50,000 for the southern portion;