Collingwood v Chief Executive, Department of Natural Resources

In the Land Court of Brisbane, Kenneth and Sandra Jane Collingwood appealed against the Chief Executive, Department of Natural Resources, over the valuation of a parcel of land. The parcel of land in question was 506 square metres and situated at 20 Margaret Street, West End, and was zoned "Residential 3" under the Town Planning Scheme for the City of Townsville. The Chief Executive had determined the unimproved value of the land to be $35,000, whereas the Collingwoods argued for a valuation of $24,000.

The court needed to decide the legal issues of whether the disabilities of the land, specifically the flooding and access problems, warranted a lower valuation. The Collingwoods argued that the lack of completed road kerbing and beautification efforts by the council, as well as the flooding, justified a lower valuation. The Chief Executive, on the other hand, contended that the access to the property from Francis Street was satisfactory and that the land had a north-easterly aspect with a restricted outlook. Furthermore, the Chief Executive argued that the neighbouring lot, 18 Margaret Street, was also affected by flooding but had its value reduced, while the subject land's value had been increased.

The Land Court determined that the disabilities of the subject land were significant, particularly the flooding issues, but that the access problem from Margaret Street was largely offset by the access availability from Francis Street. The court also found that the valuation of the subject land should be higher than that of 18 Margaret Street for the reasons outlined by the Chief Executive. However, the court felt that a valuation of $35,000 for the subject land did not fully reflect the access and flooding problems raised by Mrs Collingwood. Therefore, the court concluded that a value of $30,000 for the subject land was more appropriate.

The appeal was allowed, and the determination of the Chief Executive was set aside. The unimproved value of Lot 1 on RP 701567, Parish of Coonambelah, was determined in the sum of Thirty thousand dollars ($30,000).