Knapp v Valuer General - [2004] NSWLEC 684

Land and Environment Court

of New South Wales

CITATION: Knapp v Valuer General [2004] NSWLEC 684

PARTIES:
APPLICANT
Cecil James and Janice Lea Knapp
RESPONDENT
Valuer General

FILE NUMBER(S): 30559 of 2004

CORAM: Murrell C

KEY ISSUES: Valuation of Land :- Valuation of Land contested by owner

LEGISLATION CITED: Land and Valuation Act

CASES CITED:

DATES OF HEARING: 27/08/2004

DATE OF JUDGMENT: 12/17/2004

LEGAL REPRESENTATIVES:

APPLICANT
CJ & JL Knapp
Litigant in Person
RESPONDENT
Mr A M Pickles, barrister
Instructed by: A Gray
Crown Solicitors

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Murrell C

16 December 2004

30559 of 2004 Cecil James and Janice Lea Knapp v Valuer General
JUDGMENT

1 This judgment is for an appeal under s 37 of the Valuation of Land Act 1916 in respect of the land known as No. 13 Burke Parade, Gerroa. The owners of the subject land are contesting the valuation as at the base date of 1 July 2003.

2 The Valuer General placed a land value of $540, 000 on the subject site. The land value is assessed under s6(A1) of the Valuation of Land Act 1916 and as amended. This in effect is a capital sum, which the property would realise if offered for sale at the base date, assuming the improvements on the land had not been made. The applicants contend that the valuation should be $380,000.

3 The subject land is Lot A in DP 394436 parish of Broughton, County of Camden in the local government area of Kiama. The site is subject to a right of way of variable width as shown in figure 1. This ROW provides pedestrian access for the blocks of land at the rear of the subject property as a more direct means of access to the beach. The properties on this portion of Burke Parade are separated from the beach by the road, pavement and a public reserve that links to a pedestrian bridge that crosses the Crooked River to the beach area (refer to figure 2).

4 The subject site and the properties in the vicinity on Burke Parade are the closest residential properties to Seven Mile Beach. The larger portion of the land where the dwelling is erected is relatively flat topography at about level with the beachfront area. The rear portion of the site rises steeply with a rock cliff face and it is at this point where there is a timber stair case constructed on the row to provide access from the properties at the rear (that are elevated by some 5 m above the subject site) connecting with the access handle of 1.8 on the eastern boundary to the road and beach front. The applicant contends that this significantly burdens their property and the land value should reflect this and the privacy implications of the right of way.

5 The photographs at figure 3 show the stairs at the rear of the property that benefit the adjoining land and photo 1, taken standing…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Knapp v Valuer General and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2004] NSWLEC 684
Decision Date: 12/17/2004

CaseChat Overview and Summary

The Land and Environment Court of New South Wales heard an appeal from Cecil James and Janice Lea Knapp against the Valuer General's valuation of their property at No. 13 Burke Parade, Gerroa. The Knapps contested the land value as assessed by the Valuer General at $540,000 as of 1 July 2003, arguing that the valuation should be $380,000. They cited the burden of a right of way, irregular shape, and lack of privacy as reasons for the lower valuation.

The legal issues revolved around the proper method of valuing land, particularly in relation to the effect of a right of way on the property. The Knapps argued that the right of way, which provides access to four residential properties and a conference centre, significantly burdens their property and reduces its value. They also highlighted the lack of privacy and the irregular shape of the land. The Valuer General, represented by Mr A M Pickles, argued that the valuation was based on the physical effects of the land, such as the right of way, but not on the legal encumbrances.

The Court, led by Commissioner Murrell, considered the evidence provided by both parties, including comparable land sales and a site inspection. The Court noted that while the Knapps' property is burdened by the right of way, the valuation must be based on the physical effects rather than the legal encumbrances. The Court also considered the market conditions and the comparable land sales to determine the value of the subject property. After careful analysis, the Court concluded that the $540,000 valuation as of 1 July 2003 was supported by the evidence. The Court dismissed the appeal and confirmed the valuation of $540,000 for the subject land.

Orders