Lawson v Valuer-General

[2012] QLC 27

LAND COURT OF QUEENSLAND

CITATION:

Lawson v Valuer-General [2012] QLC 0027

PARTIES:

Alan Stuart John Lawson
(appellant)

v.

Valuer General
(respondent)

FILE NOs:

LVA307-11

DIVISION:

Land Court of Queensland

PROCEEDING:

Appeal against valuation under the Land Valuation Act 2010.

DELIVERED ON:

15 June 2012

DELIVERED AT:

Brisbane

HEARD AT:

Nambour

MEMBER:

Mr PA Smith

ORDERS:

1.     The appeal is dismissed.

CATCHWORDS:

Practice and Procedure – onus of proof – presumption of correctness not carried over to Land Valuation Act 2010 – test is now ‘balance of probabilities’

Valuation – valuation methodology – use of relevant sales best evidence – relativity of valuations of other blocks only relevant if those valuations are shown to be correct.

Evidence – photographic evidence – use with caution –reproduced images caused features in a distance to be brought closer by way of magnification of the image.

Valuation – unimproved land – views – must have regard to attributes of the site achievable if a building is placed on site.

APPEARANCES:

Mr Alan Lawson, self represented.

Mrs Thea Johnson, Counsel for the respondent

Background

1. This decision relates to an appeal by the appellant, Mr Lawson, against a valuation by the respondent, the Valuer-General, pursuant to the Land Valuation Act2010, (the LVA), which valued the appellants' property situated at 120 Tunba Court, Cooroy Mountain, (the subject land), in the sum of $760,000 as at 1 October 2010. The appellant contends for a valuation of $500,000.

2. The subject land has been valued as a rural homesite.[1]  It should be noted that the land is valued as unimproved land pursuant to the provisions of the LVA, which now separates land valued as site value land and land valued as unimproved land. The land in question has a rural zoning.

   [1]     See Exhibit 8, page 4  of Mr Modini’s report, valuer for the respondent.

The Subject Land

1. The subject land is described as Lot 8 on Registered Plan 193447, parish of Tewantin.  It is located in the Noosa Hinterland, approximately 15 kilometres south west of Noosa Heads and approximately 5 kilometres east of the township of Cooroy. 

2. Access to the subject land is off Cooroy Mountain Road, which is a formed gravel rural road and via Tunba Court, which is a private formed gravel service road, servicing a number of properties along its length.  Although all weather access is available along Cooroy Mountain Road, Tunba Court is low lying and subject to flooding inundation during rain events which makes that area of the access impassable.

3. Telephone and electricity services are available to the subject land.  Good amenities are available at both Cooroy and Noosa. 

4. The subject land has an area of 16.28 hectares. It is an irregularly shaped, four sided block.  The southern boundary of the subject land abuts a dedicated, but unmade, road reserve.  The northern section of the subject land adjacent to Tunba Court is gently sloping, usable land.  A residence was previously located in this part of the land.  As the land progresses…