Dietze v The Valuer-General [1991] QLC 167

( ( Re: Appeal against Annual Valuation of the Valuer-General. City of Caloundra. {AV91-140). In g rid H. Dietze V. The Valuer-General DECISION (Hearing at Maroochydore) LAND COURT, BRISBANE 6th November, 1991 Mrs Dietze is the owner of a residential allotment at 33 Coonang Crescent, Warana, and resides in the home erected upon that land. Under Valuation Roll No 854/37400, the Valuer-General in the annual revaluation of the lands in the City of Caloundra as at 31st March, 1990, has valued this parcel of land at $34,000. Mrs Dietze has exercised her right of appeal to the Land Court and contends to a value of $26,000. The grounds of appeal as set out in the notice of appeal are: 1. "Similar" is a very loose description and does not mean "identical". 2. There is no "identical" situation in this area. 3. If there were an "identical" situation here, it still would not make the one I am addressing go away. 4. Houses with raised floors do not belong into suburban environments where blocks of land are barely larger than 500 square metres. The noise issuing from such places is intolerable and will make the purchase of adjacent properties undesirable. Those places belong on acreage land. 5. All other houses in this area stand firmly on the ground. [1991] QLC 167 -- 1 of 3 -- ( 2 6. In the current economic environment with purchasing power severely diminished and a country beset by serious depression increasing land values must be a result of fantasy and fiction. 7. My property might, if a purchaser miraculously appears, attract some 11 0 thousand dollars. In the absence of a buyer it is worth exactly zero dollars. As there are no buyers at the moment, one would expect land values to go down. The matter to which Mrs Dietze refers was an appeal against the Annual Valuation of this parcel of land as at 31st March, 1989. At that hearing Mrs Dietze canvassed the matters which she raises on this occasion and the matters of which she complains having an effect on the value of her land are set out in the decision of the Court on the appeal AV90-734 handed down on 20th February, 1991. No good purpose can be served in repeating these matters in this decision. The valuation here has been undertaken on behalf of the Valuer- General by Valuation Manager, Mr G.J. Dunn, who has relied on three sales in this particular development known as Warana. These sales occurred in November 1989 and in April 1990 and he says that the sales support the valuation for which he contends. He says that while Mrs Dietze contends that there are no other houses of the poor standard of the home adjoining her home, there are a mixture of homes within the suburb of Warana. They are generally of similar construction to Mrs Dietze's home, that is they are constructed on a concrete slab and with brick walls but there is a sprinkling of homes which have been constructed of fibrous plaster and others which have been constructed with Hardie-plank and built upon stumps and not on the ground on a slab. He says that one of his sales in Lapoinya Crescent which sold for $45,000 has a drainage easement on the eastern boundary and adjoins an allotment which has upon it a high-set Hardie-plank house which was in existence when the purchase was made. -- 2 of 3 -- I_ ' 3 There is really no evidence advanced by Mrs Dietze to support her valuation of $26,000. The appeal really is for the Court now to review the decision handed down on 20th February, 1991. There is no evidence to show how the figure contended for has evolved. The sales put forward by Mr Dunn support the value for which he contends and the appellant has failed to discharge the onus to show that the Valuer-General has erred in the valuation and the appeal fails. Accordingly the appeal is dismissed and the valuation of the Valuer- General is affirmed. (D.J. Barry) President of the Land Court -- 3 of 3 --