Jeteld Pty Ltd v Chief Executive, Department of Natural Resources

Jeteld Pty Ltd, the appellant, appealed against the chief executive's determination of the unimproved value of land situated in Kensington Heights, Toowoomba. The chief executive had valued the land at $710,000, while Jeteld contended for a valuation of $330,000. The key issue was the highest and best use of the land, with the chief executive considering residential subdivision as the highest and best use, and Jeteld arguing for individual rural residential sites. The court had to decide whether the highest and best use of the land was residential subdivision or individual rural residential sites.

The court found that the highest and best use of Lots 42 and 182 was for future rezoning to allow residential subdivisional development. The court rejected Jeteld's feasibility analysis and agreed with the chief executive that the subdivisional development potential was not immediate. The court also found that the value of Lot 44 should be $90,000. The court determined that the unimproved value of the land should be $525,000, which was the amount the appeal was allowed, the determination of the chief executive set aside, and the unimproved value of the land determined in the amount of Five Hundred and Twenty-five Thousand Dollars ($525,000).