40 Having regard to the date of sale, site area, topography, extent of fill required, length and nature of frontage and location, none of the five selected comparable sales are directly relevant to the Land. They are indirectly relevant except for Templar Road which is of limited relevance.
41 Mr Carroll ranked the most comparable sales in order as Reen Road, Reservoir Road, Mamre Road and Woodstock Avenue. Mr Hurst ranked Glendenning Road first and the others equally. I agree with Mr Carroll that Reen Road is the most helpful, in part because of its division into two portions requiring a creek crossing and road to connect the portions, similar to the situation with the Land.
42 The valuers agreed that market values were increasing in the period 2005 to 2007.
43 Mr Hurst and Mr Carroll differed considerably, not only on the identification of features of the comparable sales evidence for adjustment but also on the basis, quantum and direction of adjustments. Their differences were based on their experience of the market and opinions of the relativity of the comparable sale features to the Land. Mr Hurst made adjustments for "exposure" and length of road frontage, but I prefer Mr Carroll's view that they are generally unimportant to industrial production and storage activities; and it may be observed that the Land has exposure to the mainline railway. Generally, the valuers' differences are irreconcilable and no useful purpose is served by comparing them in detail. Only the resulting respective rates per square metre for application to the Land are capable of useful comparison.
44 Mr Hurst analysed the comparable sales by making explicit dollar per square metre adjustments relative to the Land for a wide range of features which varied according to the particular comparable sale. For the 2006 base date, such adjustments ranged from minus $40/m2 to plus $50/m2 per feature and for the 2007 base date from minus $40/m2 to plus $30/m2. Mr Hurst made no adjustment to comparable sales evidence for the potential of rail access to the Land.
45 Mr Carroll analysed the comparable sales by making explicit percentage per square metre adjustments relative to the Land for time, size, location and rail access. For both the 2006 and 2007 base dates, such adjustments ranged from minus 10 per cent to plus 70 per cent per feature. The exceptionally high plus 70 per cent adjustment was for the location of Mamre Road. In each case he adjusted by plus 10 per cent for the Land's potential rail access.
46 Mr Hurst arrived at a range of adjusted comparable sale rates per square metre within an unusually narrow range, while the large explicit adjustment of 70 per cent made by Mr Carroll is beyond the upper bounds of reasonableness in this case.
47 None of the comparable sales had potential for rail access. In accordance with an approval similar to the one actually obtained under the EPA Act Part 3A (discussed earlier), there is rare potential to construct a railway siding approximately 1,500 in length with entry and exit at both ends on the Land. That would be expected to increase the value of the developable areas on both the southern and northern portions of the Land. Little comparable sales evidence is available. Mr Carroll analysed comparable sales at 220-236 Miller Road, Villawood and 1 Ben Lomond Road, Minto with the benefit of actual rail access. Their sidings are inferior to the Land's potential siding because they are much shorter, one only has a single track, and they do not have ingress as well as egress for trains to enter and exit in the forward direction. The sale of the Villawood property indicated a premium for existing rail access in the order of 13.6 per cent. It is not possible to derive numerical assistance from the other sale. Mr Carroll deduced a positive adjustment of 10 per cent for potential rail access to be appropriate for the Land.
48 Mr Hurst agreed that the Land had potential rail access but disagreed that value should be attributed to it.
49 The evidence indicated that the provision of rail access to the Land would require the relocation of North Parade, acquisition of land from the adjoining owners who had supported the Part 3A application, possible relocation of electricity transmission poles and lines, and the construction of the rail siding. Neither an estimate of costs nor a hypothetical development valuation was provided in evidence. There is no analysis of whether the costs of providing rail access were such that they would, at least, be offset by the consequential increase in value of the Land.
50 Each valuer selected a rate per square metre from the range of values deduced from comparable sales analysis, based on skill and experience.
51 For the 2006 base date, Mr Hurst, having derived a range of $165/m2 - $180/m2 from the analysis of comparable sales, applied $175/m2 to the northern portion of the Land. For the 2007 base date, Mr Hurst, having derived a range of $197.50/m2 - $203/m2 from his analysis of comparable sales, applied $200/m2 to the northern portion of the Land. Mr Hurst then attributed a sum described as "nominal" to the southern portion of the Land. For the 2006 base date this was $40,000 and for the 2007 base date $50,000.
52 For the 2006 base date, Mr Carroll, having derived a range of $218.01/m2 - $242.28/m2 from his analysis of comparable sales, then applied $220/m2 to both the northern portion and the southern portion of the Land. For the 2007 base date, Mr Carroll, having derived a range of $223.08/m2 - $253.65/m2 from the analysis of comparable sales, then applied $231/m2 to both the northern portion and the southern portion of the Land.
53 The valuers' adjusted rates for the comparable sales, the rates they then applied to the Land and the rates reflected in the statutory assessments may be tabulated as follows: