Breuer v The Valuer-General [1992] QLC 323

Re: Determination of Unimproved Value - City of Brisbane. Division of Stephens. AV91-821 MA Breuer v. The Valuer-General DECISION LAND COURT, BRISBANE. 26th June, 1992. The respondent Valuer-General has determined an unimproved value of $45,000 for Lot 92 on RP 40172, Parish of Yeerongpilly containing an area of 405 m 2 • This is a "Residential A" zoned site situated at 118 Kadumba Street Yeronga. The relevant date for the determination of the unimproved value is 31st March, 1990. The appellant contends within the notice of appeal for an unimproved value of $39,000. The case for the appellant was conducted by her authorised agent Michael Lionel Tighe. Mr Tighe says that it if difficult to imagine the original topography of the site. There is a retaining wall running parallel with the front alignment and it is about 1.5 metres high where it hits the western boundary. The house is below footpath level and there is a steep driveway. Mr Tighe cannot think of a worse piece of land in the area since it is so badly affected by a gully. The rear of the site, which falls from Kadumba Street, is not filled and has been let go wild. Mr Tighe says that there is a distinct traffic problem in Kadumba Street particularly in [1992] QLC 323 -- 1 of 3 -- - Page 2 - the location of the subject land. In addition there is no outlook from the land. Mr Tighe put in evidence a copy of the storm water drainage map. The drain runs parallel to and near the eastern boundary of the site and picks up water for Kadumba Street. In addition there is a stormwater manhole cover at the foot of the back steps of the house. The valuation under appeal was made by registered Departmental valuer Ian Geoffrey Savage who describes the nature of the subject land as being an elevated block with a southerly aspect falling easily from the road and getting progressively steeper towards the rear. He says that a gully heads on the eastern boundary and follows that boundary then curves into the property and cuts the rear boundary near the south east corner. The land falls 7.5 metres from the road frontage to the rear boundary 40 metres away. Mr Savage relies upon the analyses of two sales as a basis for his valuation. Lot 2 on RP 115205 sold on 9th April, 1990 from Matthews to Wikman - analysed unimproved value $77,350 - applied unimproved value $65,000. Mr Savage sees the sale land to be superior to the subject land due to its greater size (549 m 2) and its better topography. The sales site is situated in Feez Street, Yeronga. Lot 10 on RP 220792 containing 805 m 2 sold on 5th September, 1989 from Rangrove Pty Ltd to Nguyen for $43,500 - analysed unimproved value $42,500 - applied unimproved value $42,500. This sale site is situated at 60 Ashby Road, Fairfield and is considered by Mr Savage to be inferior to the subject land due to traffic noise and lack of privacy and susceptibility to flooding. This decision is to be read with my general comments and observations, a copy of which is attached. -- 2 of 3 -- - Page 3 - Since I have indicated a preference for the use of analysed sales evidence as a basis of valuation rather than a consideration of relative or percentage increases in value, (this basis is relied upon by the appellants in all appeals in the Yeronga area) then the evidence of Mr Savage must prevail. He seems to recognise the problems raised by Mr Tighe. In any event, given all the problems, it seems to me that an unimproved value of $45,000 for the subject land would have been achievable in the market place at relevant date assuming the improvements on the land did not exist. In addition it is well recognised that valuation is not an exact science and it is difficult for the appellant to discharge the onus resting upon her under the provisions of Section 16 (J) (3) of the Valuation of Land Act in that she is required to prove that a valuation of $45,000 for the land should not be preferred to a valuation of $39,000 tor it, as the difference between the values is so small. In the circumstances I find that the appeal should be dismissed and that the determination made by the Valuer-General of an unimproved value of $45,000 for Lot 92 on RP 40172, Parish of Yeerongpilly be affirmed. (C.H. Carter) Member of the Land Court. -- 3 of 3 --