NSW Golf Club Ltd v Valuer General [2007] NSWLEC 40

Reported Decision : 151 LGERA 360

Land and Environment Court of New South Wales

CITATION : NSW Golf Club Ltd v Valuer General [2007] NSWLEC 40

APPLICANT NSW Golf Club Ltd PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 31264 of 2004

CORAM: Talbot J

KEY ISSUES: Valuation of Land :- Land held under lease from the Crown - check valuation by rent capitalisation where comparable sale adjusted in significant respects with diverse results.

Crown Lands Act 1989 LEGISLATION CITED: Real Property Act 1900 Valuation of Land Act 1916

CASES CITED: New South Wales Golf Club Ltd v Valuer General (1993) 81 LGERA 428

DATES OF HEARING: 09/10/06, 10/10/06, 20/10/06

DATE OF JUDGMENT: 2 February 2007

APPLICANT P McEwen (Barrister) SOLICITORS Bicknell & Monteith LEGAL REPRESENTATIVES: RESPONDENT A Pickles (Barrister) SOLICITOR I V Knight, Crown Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

2 February 2007

31264 of 2004 NEW SOUTH WALES GOLF CLUB LTD v VALUER GENERAL

JUDGMENT

1 Talbot J: The applicant New South Wales Golf Club Limited occupies land at La Perouse within the Botany Bay National Park under lease 2442703 from the State of NSW for a term of 40 years commencing 25 July 1996 and terminating 24 July 2036. The land is known as lot 5208, DP 704508 and comprises 58.85 ha. 25 ha of the land is bushland including 14 ha covered with Eastern Suburbs Banksia Scrub that is a threatened ecological community. 2 The land has no public road frontage and access is gained to Anzac Parade La Perouse by way of a shared roadway vested in the Department of Lands. The land is also used by the National Parks and Wildlife Service, Sydney Pistol Club, St Michael's Golf Course and Southern Region Helicopter Rescue Service. There is a dispute between the Department of Lands and Randwick Council in relation to the maintenance of the access roadway. The NSW Golf Club Pty Ltd has carried out repairs at its own expense. 3 The Club relies upon a 35 megalitre dam and Sydney Water to sustain a water supply for the golf course. The use of water supply from Sydney Water is restricted by guidelines which prohibit it being used to fill dams and can only be used for hand watering of greens and tees by hoses. 4 By Notice of Valuation issued by the Valuer General the land was valued as at the 1 July 2003 at a land value of $3,750,000. 5 Following an unsuccessful objection the Golf Club has appealed to this Court pursuant to Part 4 of the Valuation of Land Act 1916. 6 There is no issue between the parties that s 14I of the Valuation of Land Act applies. It provides as follows: 14I Valuing Crown lease restricted land: (1) Land that is Crown lease restricted is to have its land value determined taking into account the restrictions on the disposition or manner of use that apply to the land by reason of its being the subject of the lease concerned. (2) Land is Crown lease restricted if it is subject to any of the following: (a) a lease or licence, or a permit to enclose a road or watercourse, granted under Part 4 of the Crown Lands Act 1989 , (b) an incomplete purchase or permissive occupancy, or a perpetual lease, special lease or term lease, within the meaning of the Crown Lands (Continued Tenures) Act 1989 , (c) a lease under the Forestry Act 1916 , (d) in the case of lands of the Crown, a lease of a class or description prescribed by the regulations.