Bonatti v Valuer General [2007] NSWLEC 261

Land and Environment Court of New South Wales

CITATION : Bonatti v Valuer General [2007] NSWLEC 261

Applicant Antonietta Bonatti PARTIES : Respondent Valuer General

FILE NUMBER(S) : 30885 of 2006

CORAM: Miller AC

KEY ISSUES: Valuation of Land :- Analysis and application of comparable sales

LEGISLATION CITED: Valuation of Land Act 1916 Great Lakes Local Environmental Plan 1996

CASES CITED: Spencer v The Commonwealth of Australia [1907] 5 CLR 418

DATES OF HEARING: 24 April 2007

DATE OF JUDGMENT: 22 May 2007

APPLICANT Mr D. Bonatti, agent

LEGAL REPRESENTATIVES: RESPONDENT Ms M. Carpenter, barrister instructed by Mr P. Rankins, solicitor of Crown Solicitor's Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Miller AC

22 May 2007

30885 of 2006 Antonietta Bonatti -v- Valuer General

JUDGMENT

1 This is an appeal by Mrs A Bonatti (the Applicant) against the Land Value assessed by the Valuer General (the Respondent) in respect of part Lot 4 DP 13357 Carrington Road, North Arm Cover (the site).

BACKGROUND 2 The Land Value of the site, as assessed by the Respondent as at 1 July 2005 was $23,800.00. The Applicant contended that the Land Value should have been $32,000.00.

THE SITE 3 The site, as originally subdivided, had an area of 1,341 sq m. However, the widening of Carrington Road reduced that area by 210 sq m. Accordingly, the site now has an area of 1,131 sq m, a frontage to Carrington Road of 29.935 m, a depth on the northern boundary of 41.875 m, on the southern boundary of 33.625 m with a rear alignment of 30.48 m. The site rises gently to the rear with a small cross fall to the north east corner.