Beetham & Anor v The Valuer-General [1991] QLC 202

J Re: Determination of unimproved value - Shire of Whitsunday - AV91-511 BD and SL Beetham v. The Valuer-General DECISION LAND COURT, BRISBANE. 11th December, 1991 . This is an appeal against the determination by the Valuer-General of an unimproved value of $90,000 ($90/m 2) for Lot 102 on Plan C5411, Parish of Dryander containing an area of 1012 m 2 • This is a residential B zoned site situated • at 169 Shute Harbour Road, Cannonvale. The land is used as a multi-unit site and is developed with 5 brick and iron flats. The relevant date for the determination of the unimproved value is 31st March, 1990. Bruce David Beetham furnished evidence in the matter. Mr Beetham contends that the valuation under appeal was made in relation to the sale price of a block of land exactly twice the size of the subject land which was given a higher value. This is Lot 2 on Plan RP 744923 containing an area of 2134 m 2 in Erromango Drive, and it is apparently presently for sale for $80,000. It is -zoned residential A but is now approved for commercial use. Mr Beetham submitted that Lots 46, 47, and 48 on RP 744923 were for sale in January, 1991 and the vendors will sell any one for $80,000 or the three for $200,000. Apparently Lot 49 on RP [1991] QLC 202 -- 1 of 3 -- • Page 2 • 744707 in Erromango Drive contains an area of 1386 m 2 and sold recently for $59,000. Lot 1 on RP 741448 containing 2291 m2 at the corner of Shute Harbour Road and Island Drive, Cannonvale is approved for a 30 unit motel and is for sale for $150,000. Mr Beetham suggests that sites in the area should be valued on a per ·square metre basis and I note that the Valuer-General has so done. The valuation under appeal was made by registered valuer Stephen James Whitfield who describes the subject land as being level with the street at the frontage with a gentle fall to the rear. Mr Whitfield has scheduled 13 sales of residential B zoned sites at Cannonvale and Airlie Beach in support of his valuations. He commented in evidence that there was no sales evidence to suggest that values have fallen from former levels by the relevant date for the valuation here but a decline has occurred since that time. Mr Whitfield referred amongst other sales to the sal:e of Lot 302 on Plan C 5411, Parish of Dryander containing an area of 1012 m 2 on 28th February, 1989 for $95,000. This land is situated in Salmon Street Cannonvale and is low lying with a minor gully and wifh - no views but has good access. He analysed this sale to show an unimproved value of $94,000 or $93/m 2 and prima facie it appears to support the level of value applied to the subject land. There is authority for the proposition that asking prices or listed prices in the market place do not constitute a reliable basis of valuation and Mr Beetham relies upon such evidence in this case. Coupled to this all the dates mentioned by him in evidence are after the relevant date and would reflect a lower standard -of value than that applicable as at 31st March, 1S90. It seems to me that the valuation under appeal is well supported by the scheduled sales evidence provided -- 2 of 3 -- , - Page 3 - by Mr Whitfield and in these circumstances, especially as the onus is upon the appellants in appeals of this nature, and I cannot find that the onus has been discharged, then the appeal must fail. It is dismissed and the unimproved value of Lot 102 on Plan C 5411, Parish of Dryander as determined by the Valuer-General in the sum of $90,000 is affirmed. (C.H. Carter) Member of the Land Court. -- 3 of 3 --