Verran v Valuer-General [2018] NSWLEC 1086

Verran v Valuer-General [2018] NSWLEC 1086

Comparable sales evidence establishes the land value, and minor non-compliance with development standards does not prevent dual occupancy use. Statistical or percentage increase methods are not appropriate. The issued value is conservative and not altered by easements as comparable properties have similar constraints.

Parties
Applicant: Garry John Verran; Respondent: Valuer-General
Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Appeal Under S.37 Valuation of Land Act 1916 / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Land Valuation, Comparable Sales, Dual Occupancy Development, Statutory Easement, Development Control Plan, Land Use Zoning
Administrative Law Property Law Land Valuation Comparable Sales Dual Occupancy Development Statutory Easement Development Control Plan Land Use Zoning

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Parties

Garry John Verran

Applicant

Valuer-General

Respondent

Procedural Posture

Appeal Under S.37 Valuation of Land Act 1916 / Final Judgment

Legal Issues

  1. 1 Whether land value of 16 Reginald Avenue, Belmore as determined by Valuer-General was correct
  2. 2 Whether highest and best use for dual occupancy development applies
  3. 3 Impact of statutory easement (sewer main) on land value

Ratio Decidendi

Comparable sales evidence establishes the land value, and minor non-compliance with development standards does not prevent dual occupancy use. Statistical or percentage increase methods are not appropriate. The issued value is conservative and not altered by easements as comparable properties have similar constraints.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of the Valuer-General determining the Land Value of 16 Reginald Avenue, Belmore (Property Number 1436511) to be $937,000 for the base date 1/7/2016, is confirmed.