Tardent v Department of Natural Resources and Water

In Tardent v Department of Natural Resources and Water, the appellant sought to challenge the valuation of certain land based on the existence of an access point via encroachment over adjoining land. The appellant argued that the unimproved value of the land should be assessed taking into account the existing access point. The Department of Natural Resources and Water contended that the encroachment did not legally affect the valuation, and the valuation remained unaffected by the existence of the access point. The court was tasked with determining the impact of the encroachment on the unimproved value of the land, and whether the existing access via the encroachment should be considered in the valuation.

The primary legal issue before the court was whether the unimproved value of land should be assessed in light of an existing access point via encroachment over adjoining land, and if so, what impact this had on the valuation under the Valuation of Land Act 1944. The court needed to decide whether the threat of losing lawful access, due to the encroachment, affected the land's unimproved value and whether the encroachment should be factored into the valuation process. The court also had to consider the provisions of the Valuation of Land Act 1944 and how they applied to the facts of the case.

The court found that the existence of the encroachment did not alter the unimproved value of the land. The court held that the Valuation of Land Act 1944 did not require the consideration of the encroachment in determining the unimproved value. The court reasoned that the unimproved value was determined by the inherent value of the land, independent of any access rights or encroachments. The court concluded that the threat of losing lawful access did not impact the unimproved value as it did not affect the land's intrinsic worth. Consequently, the court dismissed the appeal, upholding the Department of Natural Resources and Water's valuation of the land.