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Appeal No. DS91/0/001 AN BINSE LUACHÁLA James Farragher & Company Limited APPELLANT RE: Derelict Site No: 8, Townparks 1st Division, B E F O R E JUDGMENT OF THE VALUATION TRIBUNAL By notice of appeal dated the 23rd day of July, 1991, the appellants appealed against the determination of Galway County Council in fixing a market value of £15,000 on the above described site under Section 22 (1) of the Derelict Sites Act, 1990. In a further letter dated the 12th December, 1991 Mr. A.J. Kelly, Accountant for the Appellant James Farragher & Company Limited stated that the site is used by the Appellant for the storing of material used in their work. He said that the site is next to an E.S.B. sub-station and the wires from this overhang the site making it unsuitable for any development. In a reply to a letter from the Tribunal Galway County Council stated that the appeal is on foot of valuation determined by Galway County Council, notification of which issued on the 10th July, 1991. They said that the site is described as "unsightly store used for building materials" and that a market value has been determined by the County Council at £15,000. They also say that the local authority is not aware of any other person affected by the determination. In a further letter dated the 27th November, 1991 the Respondent stated that the grounds on which the council intend to rely is that the valuation placed on the site is the market value of the property as required under Section 22 of the Derelict Sites Act, 1990. A valuation report was submitted by letter dated the 12th December, 1991 by Martin Tyrrell, Auctioneer and Valuer, acting on behalf of the Respondent. In this report Mr. Tyrrell says that he inspected the property at Ballygaddy Road, Tuam and that his valuation of the property was £15,000. He also attached a map of the property. A written submission was received on the 12th March, 1992 from Mr. Paul O'Grady, B.A., M.S.E., LL.B., M.I.A.V.I., Licensed Surveyor of Civil Engineering Survey Services, Tuam, Co. Galway on behalf of the Appellant. In this he said that the Appellant is a major Building and Civil Engineering Contractors and have extensive joinery works and office accommodation located some 200 yards from the subject site. He attached a map of the area on which he had indicated the areas owned by the Appellant which are taken up with productive manufacturing processes and the subject site coloured green on the map which is his client's compound/builders yard where scaffolding, excess materials and sundry spares and equipment are kept on a regular basis. Mr. O'Grady said that it was his contention that this site should not nor would never be considered to be a derelict site. He said that it is used as a builders compound/yard and has been well established for upwards of 20 years and that while it may well look like being a suitable building site from a maping inspection he pointed out that the premises adjacent to it are the E.S.B. sub-station for the Town of Tuam with high tension wires crossing the site. He said that at the hearing he would produce photography taken on a number of occasions which shows the continuous use of the property by the Appellant and showing access/egress by dumpers, different members of staff working in the area and delivery/collection of materials to go to sundry buildings sites not alone in Tuam and surrounding areas but throughout the country. He said that it is absolutely essential for his clients on-going needs and the well being of his business that this site remains in its present usage. He said that if it were possible to convert this site into an adequate building site that his clients would have undertaken this some time ago. He said he would also like to point out that they have a space requirement and an adjacency requirement in relation to the property and that his client wishes to retain same. In a written submission received from Mr. Martin Tyrrell, M.I.A.V.I. on behalf of the Respondent dated the 27th March, 1992, Mr. Tyrrell said that in his opinion a most important factor in the valuation of the site is the serious shortage of residential building sites in Tuam, he said that in his business he has a steady demand for suitable sites by people who wish to build their own homes to their own specification and layout etc.. He said that his valuation therefore, reflects this urgent demand for suitable building sites in Tuam. Oral Hearing Mr. Martin Tyrrell Auctioneer for the Respondent put a value of £15,000 on the site and emphasised that this was the prime location for residential accommodation in Tuam and stated that there could be planning for retail premises. The Tribunal is impressed with the argument that planning prospects for the site are dismal. Even if the planning could be obtained, purchasers in the market might not be very excited with the prospect of the manifest physical threat of the power line and station, not to mention the worry about potential radiation. Nevertheless the site has an existing planning use which would allow its adaptation to various businesses related to builders yard activity. It is doubtful if such a permission would issue now in such a fine residential area. This give the site some value. Having regard to all the foregoing, the Tribunal finds that the market value of the site is £6,500.00. |