Abel & Anor v The Valuer-General [1992] QLC 250

---<"•to~ f ] ~· ,; ' ~ •· ~ !," i Re: Determfnation of Unimproved Value - City of Brisbane (Division of Yeerongpilly) (AV91-889) HM and HMcK Abel V. The Valuer-General DECISION LAND COURT, BRISBANE. 26th June, 1992. The respondent Valuer-General has determined an unimproved value of $54,000 for Lot 86 on RP 110894, parish of Yeerongpilly containing an area of 549 m 2 • This is a "Residential A" zoned site situated at 24 Blackwattle Street, MacGregor. The relevant date for the determination of the unimproved value is 31st March, 1990. The valuation issued 19th November, 1990. The appellants contend within the notice of appeal for an unimproved value of $46,000. Harry Marnes Abel furnished evidence in support of the grounds of appeal. Mr Abel describes Blackwater Street as being unique in the area, being bounded on the north by the MacGregor State High School and being a through by-pass road to Logan Road from McCullough Road. As such Mr Abel says Blackwattle Street takes an unreasonably heavy traffic flow especially since the completion of a roundabout beside a bridge over the freeway at MacGregor Street. As a result, especially as traffic past the subject land is one way up hill, and no [1992] QLC 250 -- 1 of 3 -- - Page 2 - drivers seem to take notice of a 40 km speed restriction zone, the traffic noise is a disability affecting the value· of the subject. Other problems raised by Mr Abel include the untidiness of the street with litter being scattered by school children. -~- Mr Abel also claims that the value of the subject land does not take sufficiently into account the problem suffered by inadequate drainage. There is no storm water drain access from the subject land. Mr Abel says the average value of residential lots at MacGregor is $50,967 and that this sum is in excess of the value of the subject land. He suggests that as Blackwattle Street is one of the worst streets in the area then the valuation of the land is clearly excessive. Mr Abel told the Court that the traffic problem in Blackwattle Street became worse after the street became a one-way street late in 1990. Traffic counts he had taken indicate an increase of about 25% in traffic volume since that time. Counts taken in other nearby streets show lesser traffic volumes. The valuation under appeal was made by registered valuer Ross Brian Cranstoun who describes the subject land as being below street level with a gentle cross fall to the rear south-west corner. Mr Cranstoun says the land would drain freely. He recognises that Blackwater Street is part of a traffic "rat run" between Granadilla Street and Garden City Shopping Town. He provided the Court with a relativity map showing the unimproved values place upon neighbouring sites in Blackwater Street and on three sites in Shirland Street. Mr Cranstoun told the Court that he was aware of the problems with the adjacent School when writing the valuation under appeal. He also recognises the traffic problem and describes the opening of the roundabout late in 1990 as -- 2 of 3 -- - Page 3 - being a significant event in terms of the increase in the volume of traffic in the area. He says other streets also take a proportion of the increased traffic volumes. I am satisfied on the evidence that there are peculiar problems in Blackwattle Street which should be addressed. There is a lesser traffic problem in say Shirland Street where it is noted that unimproved values of $57,000 to $58,000 have been written for similar sized lots. Certainly the roundabout was probably built since the relevant date for this valuation but in all probability before the date of issue of the valuation (19th November, 1990). It is then a factor which can be taken into account although it may well be a post relevant date event. I propose to make an additional allowance for the increased traffic problem in Blackwattle Street and reduce the valuation of the subject land to $50,000. It follows that the appeal be allowed, that the determination of the Valuer-General be set aside, and the unimproved value of Lot 86 on RP 110894, Parish of Yeerongpilly be determined in the sum of $50,000. (C.H. Carter) Member of the Land Court. -- 3 of 3 --