Australia, July 22 -- New South Wales Land and Environment Court issued text of the following judgement on June 20:

1. COMMISSIONER: The applicant appeals the Valuer General's Determination dated 1 November 2024 pursuant to s 37(1) of the Valuation of Land Act 1916 (Valuation Act) in respect of the valuation of the land value of the property legally described as Lot 1 in Deposited Plan 1091070, known as 14 Leicester Avenue, Strathfield NSW 2135 (the Land).

The proceedings fall within Class 3 of the Court's jurisdiction pursuant to s 19(b) of the Land and Environment Court Act 1979 (LEC Act).

The statutory power or function to be exercised in determining the proceedings are s 34(3)(a) of the LEC Act and s 40(1)(b) of the Valuation Act.

The Applicant appeals the determination of the Valuer General made on 1 November 2024 in respect of the objection made by the Applicant to the valuation of the land value of the Land as of 1 July 2022 and 1 July 2023.

Planning Background and Site Features

2. Relevant features of the Land are as follows:

3. The Land is located on the western side of Leicester Avenue, north of the intersection with Cooper Street, within the suburb of Strathfield and the Local Government Area of Canada Bay. It is located within an area known as the Strathfield Triangle. The Strathfield Triangle contains eight Amalgamation Patterns, (AP). The Land is located within AP6 in which there are a total of four individual properties.

4. The Land is an inside allotment and is regular in shape. The Land contains a single street frontage to its eastern boundary. The natural topography of the Land falls slightly to gently from the road to the rear boundary. The Land's frontage is level with the street.

5. The Land contains an eastern frontage of 13.41 metres to Leicester Avenue, a western rear boundary of 13.41 metres, and northern and southern side boundaries of 39.51 metres and 39.55 metres. The Land has a site area of 524.8 square metres.

6. The Land is capable of affording streetscape views from the ground level of a future multi-storey residential unit development. Development of this kind upon the Land, in amalgamation with adjoining lots, is consistent with the Strathfield Triangle Development Control Plan 2014 (STDCP). At both the date the valuations were made, (DVM) of 23 July 2022 and 25 July 2023, and the valuation dates of 1 July 2022 and 1 July 2023, the Land was subject to the Canada Bay Local Environmental Plan 2013 (CBLEP) and the STDCP.

7. The Land was zoned R4 - High Density Residential under the CBLEP.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19781566829f1828653e55c6)

Disclaimer: Curated by HT Syndication.