Beer & Ors v The Valuer-General [1990] QLC 204

Re: Appeals against determinations of the Valuer-General - Toowoomba City Council. V89-487, V89-488 and V89-489. A.M. Beer and Others V. The Valuer-General DECISION (Hearing at Toowoomba) LAND COURT, BRISBANE 23rd March, 1990 Three separate appeals against the determination of the Valuer-General have the following details:- V89-487 - Lot 1 RP 130897 - 749 square metres - 88 Mort Street - A.M. and J.P. Beer - unimproved value $37,500 - appellants' estimate $24,000. V89-488 - Lot 2 RP 168586 - 1175 square metres - 90 Mort Street - A.M. Beer - unimproved value $53,000 - appellant's estimate $35,000. V89-489 - Lot 4 RP 158468 - 3977 square metres - North Street - A.M. and G.D. Beer - unimproved value $38,000 - appellants' estimate $20,000. Each property is in the Parish of Drayton, County of Aubigny. The date of valuation in each case is 31st March, 1989. Appeal blocks V89-487 and V89-488 adjoin at Nos. 88 and 90 Mort Street, Toowoomba, on the eastern street frontage between Cumming Street and Bridge Street. Mort Street in this section has a bitumen carriageway with concrete kerbing and channelling. Both blocks were zoned "Light Industry" at the relevant date and are used together as part of a family business. An original dwelling is used for storage purposes in connection with the business. Appeal block V89-489 is located on the southern side of North Street opposite and between · Stradbroke and Vanity Streets. The street has a bitumen carriageway and is concrete kerbed and channelled. The street frontage section of the [1990] QLC 204 -- 1 of 4 -- 2 land is zoned "Light Industry" and the rear section "Public Open Space" as at the relevant date. Mr G.D. Beer gave evidence on behalf of all appellants. He referred to a property at 23 Mort Street which he says is zoned "Light Industry" and used for such purpose together with a dwelling and was valued at $16,000 ( or $11.11 per square metre). Reference was made to a sale of land in Vanity Street for $38,000 and another site of 2034 square metres in Priest Street which had been sold and valued by the Valuer-General at $30,000. He had no specific details of the sales, but with regard to Priest Street said that the land was superior to the subject Mort Street properties and larger in size. Under cross-examination Mr Beer agreed the Vanity and Priest Street lands were much further removed from the central Toowoomba area and the streets did not carry the same traffic flow as the subject section of Mort Street. With regard to the Mort Street blocks, Mr Beer said that the land had a drop of about 6 feet (1.8 metres) to the rear and in development of the land it had been necessary to fill the driveway area. Reference was made to recent expenditure on external roadworks, although as a result of the works effected Mr Beer advised that the parking and access were superior to the previously existing situation. With regard to the North Street land Mr Beer again referred to a comparison with the Valuer-General's valuations in Priest Street which he claimed was far superior land to the subject which falls away to a gully and is affected by a pending resumption of the "Public Open Space" section for park land. He agreed that this rear land had some limited use potential for open storage or parking but in terms of their use it was more of a liability. Peter John Klupfel, F.A.I.V., Registered Urban Valuerin the employ of the Valuer-General, carried out the valuation of each property subject of the appeals. He gave evidence in support of his valuations and provided three reports which included -- 2 of 4 -- 3 sales evidence. He described the Mort Street land as within close proximity to the central City area of Toowoomba and Mort Street as being of sub-arterial nature carrying a relatively heavy volume of traffic. The land slopes away from the front to the rear and Mr Klupfel explained this could cause a development problem in that it was a local requirement for stormwater drainage to be directed to the street frontage. This could either involve filling of reverse sloping sites or arrangement of drainage easements. He says that any disability caused by the slope has been taken into consideration in his valuation by reference to sales of comparable lands. The factors most relevant to the market value of the Mort Street land are, in his opinion, the proximity to the City and exposure to traffic. His sales evidence comprised eight (8) sales of industrial zoned sites ranging from lightly improved to some with industrial structures. The sales ranged over a wide area with analysed values from $29 and $31.50 per square metre on the western outskirts to $106 per square metre adjacent to the City area of Toowoomba. Of the total evidence, the sales he relied upon as the best evidence were sites in Gordon Street in a considered inferior location showing $35 per square metre, a small site in Bath Street also with considered inferior location and showing $44.60 per square metre and a small corner site in Campbell Street which is considered a comparable location showing $58 per square metre. He valued the smaller Mort Street site (Appeal V89- 487) at $50 per square metre rounded to $37,500 and the larger site (Appeal V89-488) at $45 per square metre rounded to $53,000. When questioned on the evidence led by Mr Beer, Mr Klupfel advised that the Mort Street valuation referred to, whether correct or not, had been carried out on a residential and not an industrial basis, the sale in Vanity Street would have been after the relevant date and in any event both the Vanity Street and Priest Street locations were significantly inferior to that of the subject land in Mort Street. -- 3 of 4 -- 4 Mr Klupfel included a schedule of seven (7) sales with his report on the North Street land, three of which were common to the !vfort Street schedule, the remainder being three sales and one resale of "Noxious Industry" zoned sites. He relied mainly on the common sale of the Gordon Street site of 936 square metres showing $35 per square metre and the resale of the 1735 square metre "Noxious Industry" zoned site in Jones Street which was analysed to show $19.50 per square metre. His valuation is based on application of $20 per square metre to the area of frontage "Light Industry" zoned land calculated as containing 1821 square metres, then addition of a nominal $2,500 for the "Public Open Space" zoned balance area of 2156 square metres. This amount for the rear land remained unaltered from a previous valuation which had been affirmed by the Land Court. Mr Klupfel has demonstrated a reasonable approach to the interpretation and application of the sales evidence which, while not always ideally comparable, was the only cogent evidence of value before me. With no evidence to the contrary, I accept that his valuation has made proper allowance for the disabilities of each site in his direct comparison with the sales. Accordingly, the appeals are dismissed and the determinations of the Valuer-General affirmed. (Signed) R.E. Wenck. -Member of the Land Court -- 4 of 4 --