Land valuation appeals – the dos and don’ts

A recent land valuation appeal has highlighted the need for advocates and experts to be thoroughly familiar with the legislative framework relevant to the decision under review.

The decision in BRD Group Pty Ltd v Melton SC [2015] VCAT 13 is of interest because of the Victorian Civil and Administrative Tribunal's comments in relation to the way in which both parties presented their cases in a rates notice appeal.

The application was made under the Valuation of Land Act 1960 (Vic) for a review of a decision of a valuer upon an objection to a valuation decision upon which a Council rates notice was based. The Council's initial valuation was that the site value was $26,441,000, had a capital improved value of $26,613,000 and a net annual value of $1,330,650. The applicant contended that the land had a site value of $14,800,000, a capital improved value of $15,000,000 and a net annual value of $750,000. At the hearing, the Council contended that the site value was