Forest Rise Living v Valuer General [2007] NSWLEC 305

Land and Environment Court of New South Wales

CITATION : Forest Rise Living v Valuer General [2007] NSWLEC 305

APPLICANT Forest Rise Living Pty Limited PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30849; 30850; 30851 of 2006

CORAM: Brown C - Sheehan AC

KEY ISSUES: Appeal - Valuation of Land :- appropriatenees of valuation of unimproved land value

LEGISLATION CITED: Valuation of Land Act 1916

DATES OF HEARING: 15/05/07

DATE OF JUDGMENT: 1 June 2007

APPLICANT Mr A Abbott, Director of Applicant Company

LEGAL REPRESENTATIVES: RESPONDENT Ms A Pearman, barrister SOLICITORS Valuer General

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Sheehan AC

1 June 2007 30849 of 2006, 30850 of 2006 and 30851 of 2006 Forest Rise Living Pty Limitedv Valuer General

JUDGMENT 1 COMMISSIONERS: These are three separate but related appeals against the unimproved land value assessed by the Valuer General at Base Date 1 July 2005 for: o 226 Wells Street, Springfield (Appeal No. 30850 of 2006) o 232 Wells Street, Springfield (Appeal No. 30849 of 2006) o 238 Wells Street, Springfield (Appeal No. 30851 of 2006) 2 The appeals were heard concurrently. The sites 3 The sites are: o 226 Wells Street – Lot 2 DP 258026 - the site has a frontage of 61.19 m to Wells Street and other boundaries of 91.22 m, 60.0 m and 80 m giving a total site area of 5,136 sq m. o 232 Wells Street – Lot 3 DP 258026 - the site has a frontage of 56.09 m to Wells Street and other boundaries of 101.5 m, 55.0 m and 91.22 m giving a total site area of 5,299sq m. o 238 Wells Street – Lot 40 DP 1062987 - the site has a frontage of 82.79 m to Wells Street and a frontage of 101.5 m to Noorumba Road and other boundaries of 134.65 m and 70.345 m giving a total site area of 8,475 sq m. 4 The sites are adjoining and are located approximately 5 km east of Gosford CBD. The undulating topography of the area provides for a largely consistent fall from 226 Wells Street (located at the top of a rise) to 238 Wells Street and Noorumba Road. Each site contains a dwelling and ancillary buildings and appeared to be used for rural/residential purposes. No significant trees are located on any of the sites. Relevant planning controls 5 The sites are zoned 2(a) Residential under Gosford Planning Scheme Ordinance. Zone objective (a) states: (a) to make provision for the orderly and economic development of suitable land for a variety of low density housing forms which are essentially domestic in scale and which have private gardens 6 Development that needs consent includes cluster development, dual occupancies-attached, dual occupancies-detached and dwelling houses. The land values 7 The land value of the sites, as assessed by the Valuer General for rating purposes as at Base Date 1 July 2005, after appeal to the Valuer General are: o 226 Wells Street - $854,000. o 232 Wells Street - $854,000. o 238 Wells Street - $1,410,000. 8 The land value of the sites as assessed for the Valuer General, by Mr Glenn Williams a practicing valuer, in accordance with s 6A of the Valuation of Land Act 1916, are: o 226 Wells Street - $740,000. o 232 Wells Street - $765,000. o 238 Wells Street - $1,310,000. 9 The values are based on $145/sq m for 226 and 228 Wells Street and $155/sq m for 238 Wells Street. If the appeal is dismissed, the Valuer General sought the Court to impose the unimproved values of Mr Williams rather than original values sought by the Valuer General. 10 The land value of the sites as assessed for the applicant, by Mr Christopher Keats a practicing valuer, in accordance with s 6A of the Valuation of Land Act 1916, are: o 226 Wells Street - $565,000. o 232 Wells Street - $580,000. o 238 Wells Street - $930,000. 11 The values are based on $110/sq m for each of the sites.