Brunjes v Chief Executive, Department of Lands [1993] QLC 78

L LAND COURT, BRISBANE. 25th June, 1993. Re: Appeal against a decision of the Valuer-General. City of Gympie - AV93-102 Gladys M. Brunjes V. The Chief Executive, Department of Lands (Hearing ·at Gympie) DECISION Miners Homestead Lease 4737 contains an area of 1480 m 2 and is situated at No 43 Ashford Road, Gympie. As at 31st March, 1992 the Valuer-General valued the land in the amount of $17,400 unimproved. Mrs Brunjes' objection against that valuation was disallowed and she has appealed to the Court against that decision. In her opinion the unimproved value at the relevant date was $12,400, being the amount of the previous valuation. Mrs Brunjes complains that at some time in the past the valuation of the land had risen out of relativity with valuations of other lands, and what she saw as inequitious relativity then has continued with subsequent valuations. She says that the surface of the land is very uneven, with some subsidence from mine "drives" towards the [1993] QLC 78 -- 1 of 3 -- rear of the block and one-third of the land is solid stone on which lawn cannot be established. A problem also exists with run-off water from nearby land of higher elevation. Mr G.E. Short, registered valuer with the Department of Lands had carried out the valuation and gave evidence in its support. His written report described the nature of the land as "elevated, above road level with medium fall to road. Limited views. Mine shafts on land." His evidence was that relativity of valuations in the locality had not been altered from the immediately previous valuation, and in his opinion the existing relativity was reasonable. The level of value applied was supported by three sales of vacant land in the vicinity. The first was in Flynn Head, in February, 1992 of a site of 1,523 m 2, showing an analysed unimproved value of $18,800 with an application of $17,000. This land was described as having a medium fall below road level to a gully at the rear and with limited views. Mr Short saw the sale land as inferior to the subject. There were then two sales in a new subdivision at Benbullen Court, one of a site of 776 m2 , the other 709 m2 , both of which sold in June, 1991 showing analysed unimproved values of $19,200 but with applications of $16,800 and $18,200 respectively. The second site had corner position. Mr Short after consideration of size and location, saw the first sale land as slightly inferior and the second slightly superior to the subject land. While Mrs Brunjes is obviously concerned about the question of comparison of valuations on other lands and the potential effect on Council rates, she had not been able to show that the subject valuation is wrong, regardless of its disabilities. Mr Short, on the other hand, has demonstrated by his evidence that he was aware -- 2 of 3 -- - Page 3 - of the problems associated with the land including the potential effect of previous mining activities. He had given consideration to the relativity of valuations and explained the reasons for the application of values to adjoining lands. He has also been able to support the general level of value applied by specific sales evidence. The appeal is dismissed and the Valuer-General's valuation affirmed. RE.Wenck. Member of the Land Court. -- 3 of 3 --