Naburn Pty Ltd v Valuer General

Land and Environment Court New South Wales Medium Neutral Citation: Naburn Pty Ltd v Valuer General [2014] NSWLEC 1244 Hearing dates:7 to 9 October 2014Decision date: 27 November 2014 Jurisdiction:Class 3Before: Moore SC Decision: See (189) Catchwords: VALUATION OF LAND: appropriateness of comparable sales; calculation of land improvements; whether land improvements add to value of comparable sale; appropriate adjustment factors for comparable sales Legislation Cited: Valuation of Land Act 1916 Pittwater Local Environmental Plan 1993 Cases Cited: Deaton v Pittwater Council [2007] NSWLEC 876 Deaton v Pittwater Council [2008] NSWLEC 1370 Maurici v Chief Commissioner of State Revenue [2003] HCA 8; (2003) 112 CLR 111; (2003) 195 ALR 236 and (2003) 77 ALJR 727 Stamford Property Services Pty Limited v Council of the City of Sydney [2014] NSWLEC 1206 Tenacity v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: Naburn Pty Ltd (Applicant) Valuer General (Respondent) Representation: Mr A Gerard, barrister (Applicant) Mr N Waterson, barrister (Respondent) Howard Charles Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s):30340 and 30520 of 2013 JudgmentIntroductionSENIOR COMMISSIONER: Ocean Road at Palm Beach runs generally north/south from Governor Phillip Park at the southern end of the peninsula connecting with Barrenjoey Headland to the southern end of the beach at a location known as Cabbage Tree Bay. Ocean Road can be regarded as being divided into three distinct sections. The first, at the northern end, is generally defined by having a steep escarpment rising from it to the west. It has a series of residential allotments...