Campbell v The Valuer-General [1991] QLC 258

Re: Appeal against Annual Valuation of the Valuer-General - City of Brisbane. AV90-737. Allan J. Campb ell v. The Valuer-General DECISION LAND COURT, BRISBANE 17th May, 'i991 This is an appeal against the Annual Valuation of the Valuer-General as at 31st March, 1989, of a parcel of land containing 1482 square metres situated at 515 Gympie Road on the corner of Boothby Street, Kedron. The land comprises a regularly shaped allotment consisting of three separate parcels of land. The Valuer-General has valued this land at $178,000. The appellant contends to a value of $120,000. Evidence was given by the appellant, Mr A.J. Campbell, who complains of the substantial increase in valuation from $95,000 to $178,000, resulting in an increase in rates of over 55 percent. He gives a history of this land which has been under his control since 1945 when he originally leased the property from Gallagher's Tannery. Since then, it has been leased to a company selling and storing caravans on the site and also to a company for the erection of an advertising sign. He subsequently purchased the land on 25th February, 1957. He says that at that time there was no indication of a drain or watercourse affecting the - land. Websters biscuit factory was built on the opposite side of Gympie Road and the City Council installed a large three-pipe concrete drain under Gympie Road with the drain pipes ending abruptly on the boundary of the subject land. Over the years with floods and storms, the volume of water coming through these pipes has [1991] QLC 258 -- 1 of 3 -- 2 caused severe erosion along the southern boundary. He has endeavoured to have the problem rectified by the Council but to no avail. He speaks of the unkempt nature of the drain and tenders photographs of the area. He says that he is considering the filling of the big depression with rock fill to the rightful boundary of his land. He says that if the City Council installed a continuation of the pipes under Gympie Road past his boundary,; there could be some justification in the valuation. He has discussed the matter with his surveyor and real estate agents and, guided by opinions expressed, he believes the valuation should not exceed $125,000. Evidence for the Valuer-General was given by Valuation Manager, Mr D.J. Rylands, who in his written report says that the subject land has good access from Gympie Road which is a major six-lane divided arterial road, it has an effective frontage of 40 metres and an average depth of about 37 metres. In his written report he says: II The rear portion of the property is adversely affected by an open earth drain which is approximately 10 metres wide by a depth of about three (3) metres. The drain transverses the southern and rear portion of the property. Approximately 1,060 square metres of the total site is usable. This land has been partially filled. The balance would require piping and filling before development could occur. The land was zoned "Light Industry" in the City of Brisbane Town Planning scheme effective at the date of valuation. " He sees the highest and best use for the land at the relevant date as a car sales yard and he has looked for sales of land which include land sold for - development as car sales yards to arrive at a rate per square metre for the useable land which he believes that a prudent vendor would be prepared to adopt to sell the subject land. He says that the Departmental records show that historically there has always been an allowance made for filling which has been placed on the land -- 2 of 3 -- 3 and he has made an allowance of $20,200 for filling, calculated at $10 per cubic metre to arrive at his net value of $178,000. I have considered all of the evidence in this matter and while there are major problems associated with the effects of the Council pipes and flow of water under Gympie Road, the effect on value has been negated by placing no value whatever on the whole of the area affected by the problem. Mr Rylands has looked at sales of comparable lands to arrive at the figure per square metre which he believes the subject land would have realised in the marketplace on 31st March, 1989, if being offered for sale on reasonable terms and conditions. There is no sales evidence to support the figure contended for by the appellant and in the result the appeal must fail. 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 --