Chapman v The Valuer-General [1991] QLC 249

------------------··-- fTIB RARY COPl' _ Re: Determination of Unimproved Value - Shire of Redland. AV90-321 M.J. Chapman V. The Valuer-G eneral DECISION LAND COURT, BRISBANE. 17th May, 199-f Maureen Joan Chapman has appealed against the determination by the Valuer-General of an unimproved value of $20,500 for Lots 77, 78, 104, and 105 on RP 129012, Parish of Russell containing an area of 2184 m2• These adjoining Lots are situated in Magnolia Street and Bilambil Drive, Russell Island, about 4 kilometres by road south of the shopping facilities, water taxi and vehicular barge which plys with the mainland. The relevant date for the determination of the unimproved value is 31st March, 1989, and Mrs Chapman contends for an unimproved value of $15,000 within her notice of appeal. Mrs Chapman's main ground of objection is that about 2 years ago the Redland Shire Council rezoned Lots 104 and 105 from "Residential" under a former Town Plan to "Drainage Problem" under the Town Planning Scheme which was gazetted on 20th February, 1988. The lots were then for sale and a real estate [1991] QLC 249 -- 1 of 3 -- - Page 2 - agent told Mrs Chapman that he had an offer of $60,000 for the blocks but the next day the agent said the offer had fallen through after it was discovered that two of the blocks were included in the drainage problem area. There have been no offers for the land since that time. Mrs Chapman is at a loss to understand why her two blocks have been so zoned and cannot get an explanation as to why from the Redland Shire Council. She submits that other blocks in the area have remained zoned "Residential". The valuation under appeal was made by Ross lain Wilson who is a registered valuer in the employ of the Department of Lands. Mr Wilson describes the land as falling easily from Magnolia Street, in the southerly direction. A gully starts in the south of Lot 77 and runs through Lots 104 and 105. All lots have a south westerly bay view. Mr Wilson values the land as follows:- Lot 77 Lot 78 Lot 104 Lot 105 $7,500 $8,400 $4,500 $ 2,500 $22,900 Less 10% allowance for bulk holding $2,290 $20,610 ---- ---- Adopt $20,500 Mr Wilson informed the Court that the Redland Shire Council Policy regarding the erection of dwellings on land zoned "Drainage Problems" is as follows:- -- 2 of 3 -- - Page 3 - " Approval may be given provided:- (a) The land has all weather access, (b) that there is sufficient sound land to accommodate a septic and sullage system, and (c) that there has to be a site that does not require filling." It transpires that Lot 105 does not have all weather access, since it is cut off by a gully. It is for this reason that it has only a nominal value. Mr Wilson tabulated three sales upon which he relies as a basis for his valuation of the subject land. I do not propose to comment upon the sales evidence as it in hands of the parties for reference. Now whether the Council's attitude towards the rezoning of part of the land is reasonable or unreasonable seems to me to not be of significance in this case. The facts, upon which the valuation is to be based, are that two of the sites have been zoned "Drainage Problem" and Mr Wilson says he has taken that into account when valuing the land. Offers for sale do not constitute evidence of value - only concluded contracts. The only sales evidence before the Court is that provided by the Valuer-General and prima facie it seems to well support the value under appeal. In these circumstances the onus resting upon Mrs Chapman under the provisions of Section 16J of the Valuation of Land Act has not been discharged. The appeal fails, and the determination by the Valuer-General of an unimproved value of $20,500 for Lots 77, 78, 104, and 105 on RP 129012, Parish of Russell is affirmed. (C.H. Carter) Member of the Land Court. -- 3 of 3 --