Bell v The Valuer-General [1991] QLC 121

( 26th September, 1991. Re: Determination of Unimproved Value - City of Mackay AV91-114. KM Bell v. The Valuer-General DECISION The respondent Valuer-General has determined an unimproved value of $21,000 for two "Residential Medium Density" zoned sites situated at 9 Kenilworth Street Mackay and described as Lots 71 and 73 on RP 704691, Parish of Howard containing an area of 506 m 2 • The land is improved with a single unit dwelling house and has been valued under the provisions of Section 11 (1) (vii) of the Valuation of Land Act as a single residential lot. The appellant contends for an unimproved value of $17,600. The relevant date for the determination of the unimproved value is 31st March, 1990. Kerry Michael Bell furnished evidence in support of the grounds of appeal. Mr Bell told the Court that he received a shock when he discovered that the valuation of his land had increased so much from the previously subsisting valuation of $17,600. Mr Bell's main ground of appeal is that the area of the lots is only about five-eighths of the size of an average residential block of land in [1991] QLC 121 -- 1 of 3 -- - Page 2 - Mackay. He says from his experience that it would be extremely difficult to design a dwelling for the site. I note that it has a regular width frontage of about 20 metres but the area is restricted because its depth is only 25 metres. It is for the reason of the limited size of the block Mr Bell says that it is difficult to compare his land with sales of normal size lots. Mr Bell informed the Court that the bitumen road surface in Kenilworth Street is not sufficiently wide to carry two vehicles with the result that passing traffic has to leave the bitumen which has broken edges. He produced in evidence a number of photographs illustrating the condition of the road in Kenilworth street but really I am unable to take this evidence into consideration since there was no reference within the grounds of appeal to the road formation in Kenilworth Street and the appellant is restricted in the conduct of his appeal to the grounds of appeal in accordance with the provisions of Section 16J of the Valuation of Land Act. The valuation under appeal was made by Robyn Joy Merritt who is a registered valuer in the employ of the Department of Lands. Mrs Merritt describes the subject land as being level with the street and offering a westerly aspect. Mrs Merritt relies for her valuation of the subject land upon two sales of "Residential A" zoned sites located in Meero Street, Mackay. These sales analysed to show unimproved values of $23,750 and $23,500 respectively and Mrs Merritt has valued each of the sale iots at $23,000. The sale sites each contain an area of 729tn 2 (approximately 200 m 2 larger than is the subject land). For the reasons set out in a tendered valuation report Mrs Merritt considers each of the sale properties to be superior to the land under appeal. Mrs Merritt points out that the sale lots have a westerly aspect as does the subject land, and that they lie under the flight path to -- 2 of 3 -- - Page 3 - the Mackay Airport. They enjoy full width bitumen sealed roadways and have the same street frontage as the subject lots. Mrs Merritt feels she has adequately taken into account the size of subject land in relation to the sales evidence when valuing it at $21,000 as a sing{e site under the provisions of Section 11 (1) (vii) of the Valuation of Land Act. I cannot on the evidence come to the conclusion that the valuation under appeal is excessive or unreasonable especially when weighed in relation to sales evidence. There is no doubt that the relatively shallow depth of the land is restrictive in terms of the design of a residence which could be built upon it, but this restriction has to be expressed in monetary terms and really the only expert evidence I have in that respect is the evidence of Mrs Merritt. The onus resting upon the appellant under the provisions of Section 16J (3) of the Valuation of Land Act has not been discharged and it follows that the appeal must fail. Accordingly the determination by the Valuer-General of an unimproved value of $21,000 for Lots 71 and 73 on RP 704691, Parish of Howard is affirmed. C.H. Carter Member of the Land Court. -- 3 of 3 --