Our planners attended a session to discuss the process for land valuation appeals where the key note speaker was NSW Land & Environment Court Chief Judge Preston. The following key points are worth noting from his discussion:
- Expert evidence is not guaranteed unless directed by the court.
- The court emphasises conciliation, despite being voluntary, rather than hearings.
- Close attention should be given to the court’s practice notes. They are designed to explain the process and preferred time frames.
- Class 1 land valuation appeals have doubled in the last 5 years.
- In his experience, delays are often a result of the parties not being prepared and seeking adjournments.
- The onus of proof is on the applicant.
- Any appeal to the Land & Environment Court’s outcome can only be based on a matter of law not subject matter.
City plan would like to thank Chief Judge Preston, The Property Council of Australia, as well as Minter Ellison for hosting this very informative session.