Tattersall and Anor v Valuer-General [2003] NSWLEC 238

Tattersall and Anor v Valuer-General [2003] NSWLEC 238

Lot 11 was heritage restricted because the heritage value of "Vineta" and its curtilage was established, the gazebo forming part of the dwelling protruded onto Lot 11, Lot 11 comprised the garden and setting of the dwelling, and any significant development or change of use of Lot 11 would invoke cl 19(1) and/or cl 19(3) of the LEP. In those circumstances, the prospect of consent for development of Lot 11 was so remote as to be negligible, so it was reasonable to make the assumptions in s 14G(1)(a), (b) and (c) under s 14G(2) of the Valuation of Land Act 1916.

Jurisdiction
Australia
Judgment Date
31 October 2003
Procedural Posture
Stated Case on a Question of Law Under S 42 of the Valuation of Land Act 1916 / Opinion of the Court on Whether Lot 11 in DP 882776, 2 View Street, Woolwich Is Heritage Restricted Under S 14 G of the Valuation of Land Act 1916
Outcome
Question of law answered in the affirmative: Lot 11 in DP 882776, 2 View Street, Woolwich is "heritage restricted" within s 14G of the Valuation of Land Act 1916.
Legal Topics
['valuation of Heritage Restricted Land' 'curtilage of Heritage Dwelling' 'items of Environmental Heritage' 'development Consent Restrictions' 'question of Law']
['land Valuation' 'heritage Planning' 'local Environmental Planning' 'land Tax'] ['valuation of Heritage Restricted Land' 'curtilage of Heritage Dwelling' 'items of Environmental Heritage' 'development Consent Restrictions' 'question of Law']

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Procedural Posture

Stated Case on a Question of Law Under S 42 of the Valuation of Land Act 1916 / Opinion of the Court on Whether Lot 11 in DP 882776, 2 View Street, Woolwich Is Heritage Restricted Under S 14 G of the Valuation of Land Act 1916

Legal Issues

  1. 1 ['Whether under s 14G of the Valuation of Land Act 1916 Lot 11 in DP 882776, 2 View Street, Woolwich is "heritage restricted".' 'Whether provisions of the Hunters Hill Local Environmental Plan No. 1 1982 concerning the heritage significance of "Vineta" made it reasonable to apply the assumptions in s 14G(1) to Lot 11.' 'Whether Lot 11 should be treated as part of the curtilage and heritage setting of the dwelling "Vineta" despite the heritage item not being identified by lot numbers in Schedule 6 of the LEP.']

Ratio Decidendi

Lot 11 was heritage restricted because the heritage value of "Vineta" and its curtilage was established, the gazebo forming part of the dwelling protruded onto Lot 11, Lot 11 comprised the garden and setting of the dwelling, and any significant development or change of use of Lot 11 would invoke cl 19(1) and/or cl 19(3) of the LEP. In those circumstances, the prospect of consent for development of Lot 11 was so remote as to be negligible, so it was reasonable to make the assumptions in s 14G(1)(a), (b) and (c) under s 14G(2) of the Valuation of Land Act 1916.

Court Disposition

Question of law answered in the affirmative: Lot 11 in DP 882776, 2 View Street, Woolwich is "heritage restricted" within s 14G of the Valuation of Land Act 1916.

Orders

  • ['Costs be reserved.' 'The exhibits be returned.']