Christoff & Anor v The Valuer-General [1990] QLC 184

.- Re: Appeal against the determination of the Valuer-General. Logan City Council (V89-517) S, and M.L Christoff v. The Valuer-General DECISION IANDCOURT, BRISBANE. 11th May, 1990. This appeal is against the Valuer-General's unimproved valuation of $15,400 as at 30th March, 1988 of land situated at 18 Margarette Street, comer of Golden Street, Woodridge, described as Lot 50 on Registered Plan 118298, Parish of Yeerongpilly, County of Stanley, containing 597 square metres. The appellants contend for a valuation of $7,500. The land is zoned "Residential A'' and is developed with a dwelling. Both streets are bitumen sealed to concrete kerbing and channelling and the site is serviced with water, sewerage and electricity. ; The Woodridge State Primary School is approximately 800 metres distant and the High School about 1.4 kilometres. The Wembley Road shopping facilities are approximately 200 metres from the property. Mr S. Christoff gave evidence in support of the appeal. One of his concerns is the proximity of the Kingston waste disposal site being an infilled open-cut gold mine, the leaching from which has received considerable publicity in recent years. He says his property is 830 metres to the north-west of the site and at a lower elevation and says that it is logical to conclude that underground water from the site would flow in the [1990] QLC 184 -- 1 of 3 -- .. - Page 2 - direction of the subject property. Evidence was given of well established trees having died in the house yard in recent times through no apparent cause. Mr Christoff was unable to provide any technical support for his fears that the subject property might be directly affected by toxic waste. He was of the opinion that real estate in the general locality had suffered depressed levels of market ·value due to the waste site and its leakage. Other disabilities referred to included fumes from an aluminium smelter, poorly drained clay sub-soil which has resulted in cracking to the dwelling structure and water seepage into the ground floor section of the dwelling damaging floor coverings etc., lack of efficient stormwater drainage, heavy localised traffic and associated problems, then the poor_ residential address of the area and the high local crime rate. Mr Christoff referred to a Department of Local Government document which contained information relating to minimum rating values and rates charges in the various local authorities in the Moreton Region. A rating value of $7,500 shown for Logan City was interpreted by Mr Christoff to mean the rating value recommended by the Local Authority and it was on that basis that he contended for a valuation of $7,500. Mr G.J. Crane, AAIV, a Registered Urban Valuer employed by the Valuer- General, had carried out the valuation appealed against. His valuation was based on the evidence of three vacant land sales, in Diamond Street, Windsor Street, and North Street. The Diamond Street sale in October, 1986 was of a corner site of 610 square metres for $14,000. This site was closer to the "sludge area" than the subject but had taken place prior to the toxic waste publicity. The Windsor Street corner site had a larger area than the subject being 895 square metres, was closer to the "sludge area" and sold during the adverse publicity for $15,000 in April, 1988. Mr Crane saw this site as being inferior to the subject. The North Street sale was of a much larger site of 2185 square metres for $25,000 in January, 1987. -- 2 of 3 -- .. - Page 3 - Mr Crane said that the locality. of the subject was intensely developed and as a consequence there were few vacant land sales. In ·arriving at his valuation he was well aware of the adverse publicity of the waste disposal "sludge area" and its effect on market values. He had purposely selected sales evidence from the lower range of values indicated by the evidence as a whole. While he was not specifically aware of all the problems alluded to by Mr Christoff he was well aware of the general locality problems. With regard to the proximity to the waste disposal site Mr Crane pointed out that while the subject property. . may have been lower in elevation than that site, it was separated from it by a natural watercourse area which had been subject of significant drainage works in connection with the major retail developments in Wembley Road. He saw it as illogical to expect water seepage from the waste disposal area to reach the subject property. The nature of Mr Christoffs evidence shows his strong view that the property is not located in a desirable area and it is obvious that he is far from impressed with the Local Authority rating structure. However the onus is on the appellants to show that the Valuer-General has erred. The information contained in ·the Local Government Department document relied on by Mr Christoff has no relevance to the question of market value, and while the sales evidence, for the reasons explained by Mr Crane is not particularly strong, it is the only evidence before the Court. In addition Mr Crane has demonstrated well informed local knowledge and consideration to matters which would have bearing on the unimproved value of the subject land. The appeal is dismissed and the determination of the Valuer-General affirmed. · (Sign~d; ;:E~ Wenck. II .... , ; ✓-- .. . ! Member of the Land Court. -- 3 of 3 --