Appeal No. VA97/2/008

AN BINSE LUACHÁLA
VALUATION TRIBUNAL
AN tACHT LUACHÁLA, 1988
VALUATION ACT, 1988

A.I.B. Bank, Ballysimon APPELLANT
and
Commissioner of Valuation RESPONDENT

RE: Bank at Map Ref: 6W, Newcastle, ED: Ballysimon, RD: Limerick 1, Co. Limerick
Quantum - Zoning

B E F O R E
Con Guiney - Barrister at Law Deputy Chairman
Michael Coghlan - Solicitor Member
George McDonnell - F.C.A. Member

JUDGMENT OF THE VALUATION TRIBUNAL
ISSUED ON THE 18TH DAY OF NOVEMBER, 1997

By Notice of Appeal dated 11th April 1997 the Appellant appealed against the determination of the Commissioner of Valuation in fixing a rateable valuation of £125 on the above described hereditament.

The grounds of appeal as set out in the Notice of Appeal are that:
"1. The valuation is excessive and inequitable.
2. The valuation is bad in law."

The Property
The property comprises a purpose built bank beside the main Limerick to Dublin Road about four miles from Limerick city centre. The accommodation comprises on the ground floor a banking hall with separate interview room, manager's office, stores, toilet, strongroom and ATM.

On first floor, accommodation comprises three offices, staff canteen and staff toilets.

Part of the adjoining grounds have been developed to provide a private tarmac surfaced car parking area of eighteen spaces for staff/customers.

Valuation History
The property was valued on construction at £110. At First Appeal the valuation was increased to £125.

A written submission was received on 26th September 1997 from Ms. Sheelagh O'Buachalla B.A., an Associate of the Society of Chartered Surveyors and a Director of Donal O'Buachalla & Company Limited. In her written submission she described the premises and set out its valuation history. Ms. O'Buachalla assessed rateable valuation on the subject premises as follows:

Ground floor 1,491 Sq ft @ £12.00 = £17,892
First floor 437 Sq ft @ £5.00 = £2,185
= 20,077 Sq ft @ 0.5%
RV £ 100

In support of her assessment Ms. O'Buachalla provided the Tribunal with five comparisons of banks, two in similar locations to the subject, and three in Limerick city locations:

1. Ulster Bank, 10V, Newcastle, ED: Ballysimon
Status : 1996/4 Revision
RV : £70
Ground floor 1,111 Sq ft @ £ 12.60

2. Bank of Ireland, Dooradoyle, 2fa, Gouldavoler, ED: Ballycummin
Status : 1992/4 First Appeal
RV : £87
Ground floor 2,013 Sq ft @ £ 8.65

3. A.I.B. Bank, 9,10,11 Upr William St., Limerick
Status : 1990/4 Valuation Tribunal Appeal (agreed before hearing)
RV : £290
Ground floor 2,821 Sq ft @ £ 12.30

4. Cork & Limerick Savings Bank, 8b, Sarsfield St, Limerick
Status : 1989/3 First Appeal
RV : £205
Ground floor 1,808 Sq ft @ £ 12.30

5. Trustee Savings Bank, 2A, Glentworth Street
Status : 1992/4 First Appeal
RV : £185
Ground floor 1,393 Sq ft @ £ 13.30

A written submission was received from Mr. Shay Alyward, District Valuer on 24th September 1997 on behalf of the Respondent. In his written submission he described the subject premises, commented on the appellant's grounds of appeal and set out the valuation history.

Mr. Alyward assessed rateable valuation on the subject premises as follows:

G.F. Banking hall/manager's office 1,083 sq.ft. @ £ 16.00/sq.ft. = £17,328
G.F. Strongroom, interview room, store 408 sq.ft. @ £ 12.00/sq.ft. = £ 4,896
1st..F. Offices/Stores 437 sq.ft. @ £ 6.00/sq.ft.= £ 2,622
Carparking 18 spaces @ £100.00 each = £ 1,800
Total £26,646

Take 0.5% = £133.23

But say R.V. £125.00

In support of his valuation Mr. Alyward supplied the Tribunal with three comparisons of banks in similar locations summarised below:

1. A.I.B. Bank, Newcastle
Valuation agreed 1992/4 1st. Appeal
Banking Hall etc 491 sq.ft. @ £ 16.00/sq.ft.
R.V. £40

2. Bank of Ireland, Sreelane (University of Limerick Campus)
Valuation fixed 96/4 revision
Banking Hall etc. 1,214 sq.ft. @ £ 16.00/sq.ft.
R.V. £125

3. Ulster Bank Ltd., Newcastle
Valuation fixed 1996 Revision
Banking Hall 555 sq.ft. @ £ 16.00/sq.ft.
R.V. £70

The Oral Hearing of this appeal took place on 8th October 1997 in Limerick. The Appellant was represented by Ms. Sheelagh O'Buachalla and the Respondent was represented by Mr. Shay Alyward.

Both witnesses gave sworn evidence to the Tribunal and in their sworn testimony adopted their written submissions as their evidence to the Tribunal.

The Tribunal has taken into account the evidence presented to it at the oral hearing. Based on this evidence the Tribunal is of the opinion that the Valuation of the Ulster Bank at Newcastle is the most persuasive comparison as it is adopted by both parties.

We note that this premises had been devalued by Mr. Alyward as comprising banking hall area at £16.00 psf.

The Tribunal has also taken into consideration the increased area of the banking hall in the premises the subject of the appeal.

In relation to same, the Tribunal considered an allowance as to quantum. However, the Tribunal decided that the increase in area was insufficient to justify such an allowance.

The other areas under appeal in the premises are, in the view of Tribunal, fairly assessed by the Commissioner of Valuation.

Accordingly the Tribunal affirms the valuation at RV £125.