DeRooy v Chief Executive, Department of Lands [1993] QLC 145

LAND COURT BRISBANE 26TH NOVEMBER, 1993. Re: Appeal against Annual Valuation - Valuation of Land Act 1944 Shire of Atherton {AV93-100) Coenraad DeRoo y v. Chief Executive . De p artment of Lands (Hearing at Atherton) DECISION Mr DeRooy is the owner of land described as Lot 25 on Registered Plan 702421, Parish of Barron, County of Nares, containing an area of 1,625 sq. metres. In accordance with the provisions of Section 168 of the Valuation of Land Act 1944, the Valuer-General assessed the unimproved value of this land as at 31st March, 1992 at $28,500. Mr DeRooy objected to this valuation and by letter dated 29th March, 1993, he was advised his objection had been allowed and the valuation had been amended to $28,000. Mr DeRooy then lodged an appeal to the Land Court against the decision on his objection, advising that his estimate of the unimproved value is $19,000. His ground of appeal is .that approximately one-third of the allotment's area has been eroded and is unusable and that this has not been recognised in the valuation. Between the date of valuation and the date of hearing of this matter, the Lands Legislation Amendment Act 1992 has substituted the position of Chief Executive, Department of Lands, for the former statutory office of Valuer-General. Therefore, it is appropriate that the Chief Executive be the Respondent in this [1993] QLC 145 -- 1 of 3 -- 2 matter in place of the former Valuer-General. The subject land is situated at 16 Cook Street, Atherton, approximately 550 metres north-east of the Atherton Post Office. The western boundary adjoins a parking area for a major shopping centre. Cook Street is a two-lane bitumen sealed roadway with grassed median strip and concrete kerbing and channelling. According to the Departmental report tendered on behalf of the Chief Executive, the subject land falls easily from the Cook Street frontage to the rear for a distance of between 50 metres to 70 metres. The balance of the allotment comprises a steep embankment to Priors Creek which traverses the lot at the rear. Electricity, telephone, reticulated water, sewerage and rubbish disposal services are provided to the property. The land is zoned "Residential C" under the provisions of the town planning scheme for the Shire of Atherton. It is developed with a weatherboard and corrugated galvanised-iron dwelling and is used for residential purposes. Mr DeRooy gave evidence that he was concerned that about one-third of the property had been eroded by the creek during floods and was no longer useable. He had cleared rubbish from that area and endeavoured to stabilise the bank by planting a number of native trees and some fruit trees. He was concerned that a further flood might wash the trees away and erode more of the land. Mr DeRooy said that he was sure of the area of land that had been lost because he had paid surveyors to measure the land. He felt that the valuation did not reflect the area of the land that had been lost. Mr R G Moroney, registered valuer employed by the Department of Lands, gave evidence on behalf of the Chief Executive. Mr Moroney said that he valued -- 2 of 3 -- 3 the subject land at $28,500 by reference to sales of four allotments in the Town of Atherton. Although the area is 1,625 sq. metres, approximately 1,000 sq. metres is available and usable, while the rear one-third which backs onto the creek has been eroded and is unusable, as it now comprises steep creek bank. The four sales used by Mr Moroney consist of areas from 493 sq. metres to 1,006 sq. metres, all zoned "Residential B" which sold between February 1991 and March 1992 for prices between $16,000 and $33,000. Mr Moroney applied valuations of between $15,200 and $28,000 to the sale lands. Although none of the sales is directly comparable to the subject land, taking into account their varying sizes and situations, I am satisfied that Mr Moroney has valued the subject land fairly at $28,000. Mr DeRooy's one ground of appeal was that the valuation had not taken account of the area which is eroded and is unusable. Mr Moroney has satisfied me that he was indeed aware of that area of land and has taken it into account in assessing his amended valuation at $28,000. Therefore, the Appellant has not discharged the burden of proving his ground of appeal. Accordingly, the appeal is dismissed and the valuation of the Chief Executive is affirmed at $28,000. J J TRICKETT MEMBER OF THE LAND COURT -- 3 of 3 --