Paradise Springs Development Pty Ltd v Chief Executive, Department of Lands

Paradise Springs Development Pty Ltd appealed the valuations of its land in Kerrydale, Gold Coast, as determined by the Chief Executive of the Department of Lands. The appeals were heard together, focusing on the valuation of a specific portion of the land known as the "low land" which was subject to periodic flooding. The court determined the highest and best use of the low land, which was contested between the appellant (who argued for a golf course) and the respondent (who argued for residential development). The court found that the highest and best use of the low land was indeed for a golf course, considering factors such as planning constraints, susceptibility to flooding, geotechnical issues, political constraints, and financial viability. The court also considered sales evidence and concluded that the value of the low land should be assessed using a site analysis approach, rather than a rate per hectare basis. The appeals were upheld, the valuations of the Chief Executive were set aside, and the unimproved value of the subject land was determined to be $5,300,000 as at 30 June 1993 and $8,100,000 as at 1 January 1995.