Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:

1. COMMISSIONER: The Applicant has appealed the Valuer-General's valuation of land pursuant to s 6A(1) of the Valuation of Land Act 1916 (VL Act) as at the Base Date of 1 July 2022 (Base Date) in relation to the land known as 255 Victoria Road, Rydalmere NSW 2116 and being the whole of the land in Lots 37 and 38 in Deposited Plan 14244 (Land).

2. The Agreed Chronology (Ex A tab 6 CB 95-96) provides the following details:

1) On 22 July 2022 the Valuer-General issued a Notice of Valuation for the Land as at the Base Date valuing the Land pursuant to s 6A of the VL Act at $1,400.000 (Valuation)

2) On 18 March 2023 the Applicant lodged an objection to the Land value pursuant to s 29(3A) of the VL Act.

3) On 30 March 2023 Mr Murray Allen, registered Valuer employed by the Valuer-General makes a recommendation that the Land Value be reduced to $1,260,000.

4) On 3 July 2023 the Applicant lodges a Further Objection to the changed Land Value of $1,260,000 pursuant to s 29(3A) of the VL Act.

5) On 19 July 2023 the Valuer-General allows a partial objection to the Land Value reducing it to $1,260,000 pursuant to s 35C(2) of the VL Act.

6) On 18 September 2023 pursuant to s 37(1) of the VL Act the Applicant files an appeal in this Court, and the appeal is filed in accordance with the time provisions in s 38(1) of the VL Act.

3. The Applicant contends for a value for the Base Date of $675,000. The Valuer-General has valued the Land as at the Base Date at $1,260,000.

4. The Applicant constructed a retaining wall on his boundary adjacent to Subiaco Creek. The Valuer-General accepted the retaining wall as a Land improvement as defined by s 4(1)(e) of the VL Act.

5. The Land has the following characteristics:

1) It comprises two adjoining allotments, with Lot 37 being a rectangular shaped parcel of 183.3m2, and Lot 38 being an irregular almost triangular shaped allotment of 417.3m2 which adjoins a natural watercourse known as Subiaco Creek on the eastern side. The total area of the Land is 600.8m2. Pursuant to s 26 of the VL Act, both Lots 37 and 38 in Deposited Plan 14244 are included in the one valuation.

2) The two lots have a total northern frontage to Victoria Road of 11.15m, a rear (southern) boundary on Mary Parade of 32.64m, a western side boundary of 30.48m, and an eastern side boundary being the high-water mark of Subiaco Creek.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197a4c6a864578e75cb804b9)

Disclaimer: Curated by HT Syndication.