1Where directly comparable sales of land sharing the same highest and best use are unavailable due to the asset being rarely traded, it is a justifiable application of the direct comparison approach under s 5A of the Valuation of Land Act 1960 (Vic) to commence with sales of residentially zoned land and adjust downward for the subject land's physical and zoning constraints, consistent with City of Brighton v Road Construction Authority [1986] VR 255.
2The 'highest and best use' of land is an important but not exclusive consideration in identifying comparable sales under s 5A(2) of the Valuation of Land Act; the statute does not mandate that the only permissible starting point for the comparison task is land with the identical end highest and best use or identical planning controls.
3A municipal council is not precluded from receiving an award of solatium under s 44 of the Land Acquisition and Compensation Act 1986 (Vic); the provision does not require the claimant to be a natural person, and intangible loss to the community a council represents may ground such an award.
