Dewey v Valuer-General [2005] NSWLEC 104

Dewey v Valuer-General [2005] NSWLEC 104

The appeal was upheld because, after considering the comparable sales evidence, the site inspections, the coastal hazard affectation, topography, views, usable open space and other variables, greater weight should be given to beachfront and reserve properties in Kalakau Avenue, including 88 Kalakau Avenue, and those comparisons supported a land value lower than the issued valuation of $993,000. The Court determined the proper land value as at 1 July 2003 was $900,000.

Jurisdiction
Australia
Judgment Date
15 March 2005
Procedural Posture
Appeal Under S 37 of the Valuation of Land Act 1916 Concerning Land Value / Judgment
Outcome
Appeal upheld; valuation adjusted downward.
Legal Topics
['coastal Hazard Zone' 'land Value' 'comparable Sales Method' 'development Control Plan No. 125 – Coastal Frontage' 'valuation of Land Affected by Coastal Erosion Risk']
['valuation of Land' 'planning and Environment' 'local Government'] ['coastal Hazard Zone' 'land Value' 'comparable Sales Method' 'development Control Plan No. 125 – Coastal Frontage' 'valuation of Land Affected by Coastal Erosion Risk']

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Procedural Posture

Appeal Under S 37 of the Valuation of Land Act 1916 Concerning Land Value / Judgment

Legal Issues

  1. 1 ['Whether the land value of $993,000 for 78 Kalakau Avenue, Forresters Beach as at the base date of 1 July 2003 should be varied.' 'How coastal hazard affectation under the Coastal Management Plan and Development Control Plan No. 125 should be taken into account in determining land value.' 'Whether the comparable sales evidence supported the issued valuation or a lower land value.']

Ratio Decidendi

The appeal was upheld because, after considering the comparable sales evidence, the site inspections, the coastal hazard affectation, topography, views, usable open space and other variables, greater weight should be given to beachfront and reserve properties in Kalakau Avenue, including 88 Kalakau Avenue, and those comparisons supported a land value lower than the issued valuation of $993,000. The Court determined the proper land value as at 1 July 2003 was $900,000.

Court Disposition

Appeal upheld; valuation adjusted downward.

Orders

  • ['The appeal in respect of the property known as No. 78 Kalakau Avenue, Forresters Beach is upheld.' 'The valuation of $993,000 for the above property as at the base date of 1 July 2003 is adjusted to a land value of $900,000.' 'The exhibits are returned.']