Evans v The Valuer-General [1990] QLC 128

t ,I,, Re: Determination of unimproved value:- Shire of Mt Morgan. (AV90-47) M. M. J. Evans -v- The Valuer-General DECISION LAND COURT, BRISBANE. 7th December, 1990. The respondent Valuer-General has determined an unimproved value of $1,900 for Lot 100 on RP 601438, Parish of Calliungal containing an area of 506 square metres. The site is located at 15 Grey Street, Mt Morgan about 1.8 kilometres north of the general post office. The relevant date for the determination of the unimproved value is 31st March, 1989. The shire of Mt Morgan is unzoned but the subject property is situated in the defined town area which was gazetted as such on 4th August, 1960. Erected upon the land is a single residential dwelling. The appellants contend in the notice of appeal for an unimproved value of $1,500. Maureen Margaret Joan Evans furnished evidence in the matter. Mrs Evans stresses that the site has a narrow frontage (10.06 metres) and she has been advised by Council that if the residence on the land was to be demolished by fire, then no permit would issue for its reconstruction due to the narrow frontage. For this reason, Mrs Evans submits that the valuation of the land is excessive. [1990] QLC 128 -- 1 of 2 -- - Page 2 - Damian Peter Jones, a Registered Valuer in the employ of the Department of Lands, told us that under Council Building By-laws, the minimum area for the erection of a house is 400 square metres. Any proposed building must be 1.5 metres from either side boundary and 6 metres from the front alignment. Should a building comply with these site requirements, then it is Mr Jones' opinion that Council could not reject building approval. He has observed that a dwelling house has been constructed on a 506 square metre with 10.06 metres frontage (Lot 16 on RP 601438). In any event, the land has been valued under the provisions of Section 12 (la) of the Valuation of Land Act which says that it shall be assumed that the land may continue to be used for the purpose for which is was being used at the relevant date. It is, therefore, not appropriate to take into account the possible building restriction in the event of the destruction of the dwelling house by fire. Mr Jones furnished . sales evidence in support of his valuation but I see no point m discussing this material here as no attack was made on the basis of valuation. The onus resting upon the appellants under the provisions of Section 16J (3) of the Valuation of Land Act has not been discharged. It follows that the appeal must fail and that the unimproved value of $1,900 as determined by the Valuer-General for Lot 100 on RP 601438, Parish of Calliungal be affirmed. (C.H. Carter) Member of the I ;md Court -- 2 of 2 --