Stay v Chief Executive, Department of Natural Resources

RL and DW Stay, the appellants, challenged the valuation of their property at 30 Persimmon Street, Ferny Grove, Queensland. The subject land, a 3.968ha irregularly shaped parcel, is zoned "Future Urban" and includes two residential dwellings. The appellants argued that the unimproved value of the land should be $80,000, whereas the Chief Executive, Department of Natural Resources, had assessed it at $150,000. The key issues in the appeal were the impact of flooding, a Vegetation Preservation Order (VPO), relativity, comparison of sales, and the method of valuation.

The court had to decide whether the Chief Executive's valuation method was correct, whether the appellants' proposed alternative valuation method was more appropriate, and whether the comparison of sales used by the appellants was valid. The court also had to consider the impact of the VPO and flooding on the property value.

The court found that the method of valuation used by the Chief Executive was appropriate. The court accepted that the land should be considered as a single homesite, but disagreed with the appellants' valuation of $80,000. The court found that the appellants had not proven that a high level bridge was necessary, and accepted the Chief Executive's estimate of $20,000 for a road access culvert. The court also rejected the appellants' comparison of sales, finding that the market place saw added value in the seclusion, privacy, and views of the subject land. The court concluded that the appeal was not proven, and affirmed the unimproved value of the land at $150,000 as determined by the Chief Executive.