Browne v Chief Executive, Department of Lands [1994] QLC 306

[1994] QLC 306 Re: Appeal against a valuation - Local Government: Warwick Valuation of Land Act 1944. AV94-355. John P Browne v. Chief Executive, Department of Lands DECISION (Hearing at Warwick) LAND COURT, BRISBANE 14 October, 1994 This appeal is against the determination of the Chief Executive, Department of Lands, of the unimproved value of Lot 6. on RP 199676, parish of Warwick, in the sum of $21,000 for the purposes of the annual valuation of the area as at 30 June 1993. The appellant is contending for an unimproved value of $14,400 based on grounds ( 1) that sewerage is not supplied; and (2) that reticulated water is not fully treated. Lot 6 has an area of 1542m 2 and is situated in Dianne Court, Rosenthal, amid a "Park Residential" subdivision and with access by a bitumen sealed road with concrete kerbing and channelling. The lot is developed for single unit residential purposes. Under the Valuation of Land Act it is provided that an appellant is limited to the grounds of his appeal and that the onus of proving any and every such ground is upon the appellant. In this matter the grounds are narrow. They are matters which in my opinion may only be measured with a degree of conclusiveness by a comparison with sales of land sharing the same services. In this case Mr DP Coe, registered valuer in the employ of the Department of Lands, based the valuation on sales of comparable lots in the same locality. Two sales of land in Hilza Court were referred to which sold in April 1993 (Lot 4) for -- 1 of 2 -- 2 $28,000 in a cleared and fenced state and in June 1993 (Lot 1) which sold for $26,900 with clearing and fencing. Each sale lot has no sewerage and each share the same water supply serving the subject lot. Mr Coe sees the sale lots as being superior and a little superior to the subject lot principally due to the elevation of the sale lots. The sales have answered the questions raised by the appellant. In the circumstances the appeal must be dismissed. Accordingly, the appeal is dismissed and the decision of the Chief Executive is affirmed. (OM White) President of the Land Court -- 2 of 2 --