Reported Decision: 148 LGERA 38
[2007] NSWCA 181; 154 LGERA 437 (CA)
Land and Environment Court
of New South Wales
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Details
- Case
- [2006] NSWLEC 400
- Decision Date
CaseChat Overview and Summary
These appeals by Commonwealth Custodial Services Limited as Trustee for the Burwood Trust Fund and Trust Company of Australia Limited against disallowance by the Valuer-General of objections to land value assessments as at the base date of 1 July 2003, raise issues concerning the highest and best use of the lands, the meaning of “improvements” in s 6A(1) of the Valuation of Land Act 1916 (NSW), and whether the cost of demolition of the existing commercial office buildings on the lands, together with the interest expense incurred during demolition, should be deducted in assessing land value if the highest and best use (as the Valuer-General contends) is mixed residential/commercial use (mixed use). The applicants contend that the highest and best use of the Burwood Land is commercial use, and the highest and best use of the Ashfield Land is mixed use. The Valuer-General submits that the highest and best use of both lands is mixed use. The applicants also submit that if the highest and best use is mixed use, then there should be deducted the cost of demolition of the existing building and the interest expense during demolition. Biscoe J, after observing the Burwood Land and the Ashfield Land and their respective neighbourhoods, as well as a number of mixed use properties nominated by the Valuer-General’s valuation expert and commercial office properties nominated by the applicants’ valuation expert, concluded that the highest and best use of the Burwood Land was commercial use, and the highest and best use of the Ashfield Land was mixed use. The Judge held that “improvements”, within the meaning of s 6A(1) of the Act, are human operations of persons on land which have the effect, as at the date of valuation, of enhancing its value compared with its natural state. A structure on land is not an improvement if it does not enhance the land’s value compared with its natural state. The commercial buildings on the Ashfield Land enhance the land’s value compared with its natural state. They are valuable to a purchaser who has a use for them. The Judge held that the additional value due to the excavation to be included in the land value of the Ashfield Land. The Judge made orders pursuant to s 40 of the Act.
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