Bradley v Chief Executive, Department of Lands [1994] QLC 206

LAND COURT, BRISBANE. 12 MAY, 1994 Re: Appeal against determination of unimproved value Valuation of Land Act 1944 V94-26 Jane Bradley v. Chief Executive, De partment of Lands DECISION This is an appeal against the application by the Chief Executive, Department of Lands of an unimproved value of $237,500 to Lot 2 on RP 71751, parish of Toombul containing an area of 2,345 m 2 • The valuation is an annual valuation made at 31 March, 1992 under the Valuation of Land Act 1944. The subject land is a hatchet shaped block situated at the corner of Crescent Road and Langside Road, Hamilton. The appellant values the land at $185,000 which valuation was the unimproved value applied to the lot for the purposes of the annual valuation of the area as at March, 1990. The appeal is made on these grounds - "The land in question is not capable of development due to poor access and natural features. It has been subjected to serious and continuing erosion and degradation from a Brisbane City Council drainage easement, which directs storm water run-off from Crescent Road onto the block." The location and shape of the lot is shown on Annexure "A" together with some markings placed thereon during the proceedings identifying location of [1994] QLC 206 -- 1 of 5 -- ( 2 access, etc. Mr Raymond Bradley, husband of the appellant, appeared on her behalf. Mr James F Corder, Registered valuer in the employ of the Department of Lands gave evidence in support of the valuation applied by the Chief Executive. The subject lot may appropriately be described as an undeveloped lot, covering a valley (as the contours on the annexure demonstrate) which has been retained by the owner who resides on Lot 2 (on the north) for aesthetic reasons believing, at the same time, that the development of the lot would be difficult due to the steepness of the slope either down the access handle from Crescent Road or from the extension of Langside Road east of Crescent Road which is unmade (but for a few metres) and from which the owner obtains access to Lot 2, in part by easement, over the frontage of Lot 1 and the corner lot. Site plans obtained by the appellants show an easement traversing the centre of the lot which it is thought is a drainage easement. Records produced by Mr Corder would indicate that the easement is for sewerage purposes. Nothing however turns on this point as it is accepted that the line of the easement coincides with the lowest point of the valley and takes natural drainage south to the ·river. The land is zoned "Residential 8 - R3" but is valued for a highest and best use as a single unit site. It is one of four lots in the immediate area within the ownership of members of the appellant's family. The gradient of the land may be gleaned from the contour lines on the annexure which are 3 metres apart AHO . In brief the appellant believes that the problem of obtaining access to the site and its contours within the body of the site are such as to deter intending purchasers to a degree which would limit value to that applied by the Chief Executive for the purposes of the annual -- 2 of 5 -- 3 valuation of 1990. Mr Corder believes otherwise. After investigating three sales of land within reasonable proximity and having seen what has been done within the area in developing lots, he is comfortable with the valuation. He would envisage a residence being placed on the lot west of centre. Sale 1 of his sales is situated at the western end of Langside Road. It rises from the road - so much so that in the opinion of Mr Corder a four wheel drive vehicle is necessary to take the gradient of the developed access. That lot being Lot 3 on RP 809858 contains an area of 575 m2 . The lot is zoned Residential A and sold for $280,000 in December, 1991 - three months prior to the relevant date. Sale 2 which is in Lynell Street (off Crosby Road) sold for $195,000 in March, 1992 whilst sale 3 is situated on the corner of Anthony Street and Eblin Drive. This lot sold for $235,000 in October, 1991. This last sale which is about 400 metres away from the subject lot is a corner lot with no views and containing an area of 817 m 2 • Sale 1 is above the road whilst the subject lot is below the road. Mr Corder said that south of the subject lot (proceeding towards Grays Road) lots over the valley have been developed for residential purposes. As such he sees no problem in the subject land being developed for such purposes. He accepts that access would be difficult to overcome but points to sale 1 as supporting his opinion that such access would not deter a prudent purchaser and he highlights the size of the subject lot as an offsetting factor. The test of value which is familiar to Mr Bradley requires an appreciation of what the subject lot would fetch in the market place unimproved but with all services and surrounding development in place and as it exists at the relevant date. Sales of vacant land is the best means of ascertaining value. This evidence has been provided by Mr Corder and in perusing the evidence I am -- 3 of 5 -- 4 unable to find any relevant point of comparison which has been overlooked or not given due consideration. In the circumstances I find that the appeal should be dismissed. Accordingly, the appeal is dismissed and the decision of the Chief Executive is affirmed. DM WHITE President of the Land Court -- 4 of 5 -- .,.. ;) --~o 1 i5 4 1', o - -J f~ • 33 ? ,., I ..,. ~ 43:Jm 0, ~ 0, 51&n 47ln i 106Jm "" lJ535 ~~ !Sm 1--....:,. ' '"""" 7\ ' ' 1/J// I ~Ytt~''1't . u.; :co~ rEm 10 ' 7 727 0 I € • :?:: ;\I - ---- - "' ~m )> ::J ::J CD X C 5 -, CD ~ 4;i 14-JAN-94 44 1Time: 15:23:12 Username: A15CSC Job number: Local Map scale: 1: 1500 Location: 71 CRESCENT RD,HAMILTON Themes: CONTOURS_ 05M CADPSTRE_2500 Warnings: While every endeaWJr has been made to ensure that the material here produced is as accurate as possible in what It conveys, the Gourd lakes no resjX)nsiblity for any errors theren, nor for any acts or omissions that may occur due to Its use. ·t NI contour & spot levels - AHO extracted from 1980 orthopholo series mappi~. ~ \~~\~ □ rm ~ (/) (/) p C r CJ rn (_ rn 0 -I A tN l[Ji] t [81 ~ ITTJiH~l ~ 59,J Copyright Brisbane City Council, 1993 . f )> :J :J (D X C., CD ~ -- 5 of 5 --