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Appeal No. VA94/1/005 AN BINSE LUACHÁLA Ulster Bank Limited APPELLANT RE: Bank at Map Reference: 10/1, Dublin Road (Clarkville
Terrace), B E F O R E JUDGMENT OF THE VALUATION TRIBUNAL By Notice of Appeal dated the 28th day of April, 1994 the appellant appealed against the determination of the Commissioner of Valuation in fixing a rateable valuation of £135 on the above described hereditament. The grounds of appeal as set out in the Notice of Appeal are that:- The Property: The accommodation comprises:- The property is located at the edge of Palmerstown Village on the old Lucan Road close to Palmerstown House (Pub and Restaurant) and numerous retail outlets. With the advent of Palmerstown by-pass, this section of Palmerstown Road became a cul-de-sac with the sole access via Kennelsfort Road. Valuation History: At 1976 Revision, the R.V. was fixed at £150. At 1976 First Appeal this figure was reduced to £135. Written Submissions: Ground Floor Bank Hall 890 sq.ft. @ £10.00 = £ 8,900 First Floor 537 sq.ft. @ £ 4.00 = £ 2,148 Mr. McMillan stated that the kernel of the appeal centred on the dramatic change in circumstances which occurred with the arrival of the Palmerstown by-pass. He said that previously the bank enjoyed a location between Chapelizod and Palmerstown Villages, fronting a busy single carriageway National Primary Route N4. He said that this afforded a high degree of prominence and visibility with good access and a high level of passing traffic, a successfully commercial banking environment. Now, he said, it is located in a cul-de-sac, on the wrong side of a "No Through Traffic" sign and invisible from the by-pass. He also said that the bank was removed from the local retail precinct centred on Kennelsfort Road which serves as the sole access from Palmerstown Road to the by-pass. The said that thus the trading environs of the bank have shrunk, the opportunity for passing or occasional business had evaporated and essentially the bank was beached. He said that these changes were unique in their severity. Mr. McMillan offered a schedule of comparisons of premises in the area
and these are summarised below:- 2) Centra Store (Francis Geraghty) First Floor, Offices, Stores & Canteen 441 sq.ft. @ £3.00
psf = £ 1,323 3) A.I.B. Ballymun 4) A.I.B. Ballyfermot 5) Ulster Bank, Tallaght 6) A.I.B., Lucan 8) Irish Permanent Building Society, Lucan Village
9) E.B.S., Lucan Village 10) Bank of Ireland, Cabra A written submission was received on the 30 August, 1994 from Mr. Tom Stapleton, Valuer with over 30 years experience in the Valuation Office, on behalf of the respondent. In the written submission Mr. Stapleton gave details of the valuation history of the subject property and described the property in terms of its location, accommodation and services. He set out his calculation of the rateable valuation on the premises as follows:- Bank - Ground Floor 1,320 ft2 @ £14.25 psf = £18,810 Commenting on the appellant's grounds of appeal Mr. Stapleton said that Dublin County Council and not the agent had listed the premises for revision. He also said that the points raised by Mr. McMillan in the subject appeal had been taken into account in arriving at a net annual value of the premises. Mr. Stapleton offered six comparisons of banks and building societies
in the general area. These are summarised below:- 2) Bank of Ireland, Lucan 3) Irish Permanent Building Society, Lucan 4) A.I.B., Clondalkin First Floor - Offices, Canteen & Store 828ft2 @ £ 6.00 psf=
£ 4,968 5) First National Building Society, Clondalkin 6) Educational Building Society, Clondalkin Est. N.A.V. £23,000 @ 0.63% = £144.90 Oral Hearing: Arguments were made by Mr. McMillan in relation to the poor location of the property as set out in his precis. He laid emphasis on the fact that the cul-de-sac created by road works where the subject is situate is an artificial creation without garda barracks or much of the basic village infrastructure. It is greatly hampered by a hazardous single entrance from a very busy National Route which is also plagued by heavy commuter traffic. He did admit that Stewarts Hospital and some industrial development on either side of the cul-de-sac did assist somewhat in providing a commercial environment. He added, that, the isolated location of the bank made it unsuitable for large cash lodgements as potential customers in that area felt unsafe in relation to the isolation and also in relation to the fact that potential assailants and robbers had an escape route on foot across to the duel carriageway which would make hot pursuit well-nigh impossible. He argued that the commercial centre of gravity of the community had moved over to the south of the National Route and that premises in the village found it difficult to trade. Mr. Stapleton argued that he had taken Mr. McMillan's submissions into account in fixing the rateable valuation and argued strongly that the decision of the Tribunal in the A.I.B. Lucan case showed a good comparison with the subject. The parties debated all the comparisons set out in the two precis. Findings: (b) The location of the cul-de-sac has deteriorated commercially since
major roadwork's cut if off from the major traffic flows of the National
Route and much of its (c) The subject does seem to have some commercial life, however, stemming principally from the extensive activities of Stewards Hospital and the number of industrial operations within the area of the cul-de-sac and the significant residential suburban accommodation cut off with it.
(e) The Tribunal considers that the Lucan comparisons are situate in a village which is cut off similarly from the main road but which is served comprehensively by a series of roads which are much more suitable to provide access and egress from the village onto the National Route and also have the benefit of a much larger natural hinterland in any event. Having regard to the foregoing and all of the evidence offered the Tribunal finds that the rateable valuation of the subject premises is £120.00.
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