Dale v The Valuer-General [1991] QLAC 19

LAND APPEAL COURT, BRISBANE. 28th June, 1991. Re: Appeal against decision of Land Court - Shire of Caboolture. AV90-57 A. L. Dale v. The Valuer-General J U D G M E N T Alan Laurence Dale has appealed against the decision of the Land Court wherein the learned President of that Court affirmed a valuation of $130,000 made by the respondent Valuer-General for a 63.94 hectare parcel of "Rural" zoned land described as Lot 148 on Plan CG51, Parish of Canning. This lot is situated in Old Toorbul Road about 5 kilometres north east of the Caboolture Post Office. The relevant date for the determination of the unimproved value is 31st March, 1989. Mr Dale contended before the Land Court that the valuation of his land should have been $80,000 and maintains that figure before us. The evidence placed before the learned President is accurately recorded in the text of the decision under appeal. The conduct of the appellant's case below was based on relativity by way of comparison between the unimproved value placed on the subject land and the unimproved values of certain other lands capable for use as rural homesites. The subject site is used as a single unit dwelling homesite and falls to be valued as such under the provisions of Section 11 (1) (vii) of the Valuation of Land Act 1944 - 1987, notwithstanding its [1991] QLAC 19 -- 1 of 4 -- - Page 2 - large size. It transpired in evidence below that town water as an amenity was available to the subject site albeit not connected at the relevant time, and that no town water was available to the comparison sites relied upon in the relativity submission made by the appellant. Before us he refers to the valuation of two parcels of "Rural Residential A" zoned sites in close proximity to the subject land (immediately across the Bruce Highway) which have the benefit of having reticulated town water available. Details are:- .Lot 1 on RP 229517 - 16.77 ha - Valuer-General's valuation $72,000. Situation Flowers Road - Owner Lubarski and; .Subdivision 2 of Portion 3v - 22.42 ha - Valuer-General's valuation $90,000. Situation Flowers Road - Owner Hams Holding. It is suggested by Mr Dale more by inference than by direct evidence that the valuations of these new comparison properties do not support a valuation of $130,000 for his land. He does not agree with a suggestion from Counsel for the Valuer-General that they are less attractive sites than is the subject land for the reason that they are affected by a creek and/or a watercourse near their respective Flowers Road frontages and as a result are subject to flooding. This may be compared with a string of unconnected water holes through the subject land which, Mr Dale suggests, is less attractive environmentally. The respondent Valuer-General called in evidence registered valuer Desmond Robert Lucas who is responsible for the valuation assessment. Mr Lucas told us he had made all the valuations in the area in the 1989 relevant date revaluation of the Caboolture Shire. He mentions that at that time there was a deputation from some 10 landholders in Flowers Road who complained of the deleterious effect of flooding on their land, mainly to the south of that road. He says that when the Lubarski valuation was written, flooding was taken into account as a disability especially as the affected land was near the Flowers Road frontage, and points out there is no flooding problem on the road frontage of the subject land to which there is very good access. Mr Lucas informed us that flooding was also taken into account in the Hams -- 2 of 4 -- - Page 3 - property valuation which property is affected by the same creek as the Lubarski property. The Hams property also has a frontage to the Bruce Highway with access restrictions. The Hams property is structurally vacant, and as such falls to be valued for its highest and best use. He sees no potential for subdivision in either comparison property notwithstanding that subdivision in two hectare lots is an "as of right" entitlement within the "Rural Residential A" zone. Mr Lucas points to the reduced frontage and shape of the Lubarski property, which is a hatchet shaped block, as being restrictive from a subdivisional point of view, and he sees no potential for subdivision in the Hams property due to its comparatively low road frontage with difficulties of access for subdivision. Mr Lucas offered the opinion that the Hams property is more a long term holding proposition in respect of future subdivision with some prospect of low commercial potential due to its exposure to the Bruce Highway. Mr Lucas has valued the subject parcel on the basis that a notional rural homesite on the land of about 16 hectares in area would be worth about $85,000 to $90,000 with the extra area of some 48 hectares adding an extra value of about 50% to that notional homesite value. It transpired in evidence that the respondent Valuer-General has valued the subject land as at the later relevant date of 31st March, 1990 at the same value as is under appeal here, whereas other valuations of rural homesites have been increased in value by a factor of 20% as at 31st March, 1990. As a result, it is suggested by the appellant that there could have been a relativity problem with the 1989 valuation of the subject land. There is no evidence before us to enable us to come to this conclusion and in any event, it is only the 1989 relevant date valuation which falls for consideration. We have examined the record of proceedings in the Land Court and have considered the additional evidence placed before us. We are convinced that an unimproved value of $85,000 to $90,000 for a notional 16 hectare portion of the subject land as a rural homesite is justified. It remains to consider whether the 50% loading for the notionally considerable extra area of the subject site is excessive or unreasonable. It is for the appellant to satisfy us that this is so. He has introduced no evidence upon which we could come to this -- 3 of 4 -- - Page 4 - conclusion, and we must bear in mind that there is an onus resting upon him to do so under the provisions of Section 16J (3) of the Valuation of Land Act 1944 - 1987. In all the circumstances we have concluded that the appeal must fail. Accordingly, the unimproved value of Lot 148 on Plan CG51 Parish of Canning as determined by the Land Court in the some of $130,000 is affirmed. (W.C. Lee) J. Judge of the Supreme Court. (C.H. Carter) Member of the Land Court. (R.E. Wenck) Member of the Land Court. -- 4 of 4 --