AN BINSE LUACHÁLA
VALUATION TRIBUNAL
AN tACHT UM LAITHREAIN TREIGHTE, 1990
DERELICT SITES ACT, 1990

Maura Kennedy APPELLANT
and
Ballina Urban District Council RESPONDENT

RE: Derelict Site at Abbey Street, Ballina, Co. Mayo
Market Value

B E F O R E
Henry Abbott S.C. Chairman
Brian O'Farrell Valuer
Veronica Gates Barrister

JUDGMENT OF THE VALUATION TRIBUNAL
ISSUED ON THE 7TH DAY OF APRIL, 1992

By notice of appeal dated 26th day of August, 1991, the appellant appealed against the determination of Ballina Urban District Council in fixing a market value, under the Derelict Sites Act, 1990, of £12,000 on the above described property.

Written Submissions
A written submission was received from Mr. Philip McComiskey M.I.P.A.V. on behalf of the Respondent dated the 13th February, 1992. In his submission, Mr. McComiskey said that the property is located on a corner site which fronts onto Abbey Street and only 285 metres from Ballina town centre, the area is zoned as commercial and is in the Designated Area under the Urban Renewal Act of 1986. He said that, in his opinion, the property was suitable for (a) Redevelopment as either a retail shop or office unit with residential accommodation overhead or (b) as four town apartments, two on the ground floor and two on the 1st floor. Mr. McComiskey said that redeveloping the property as (a) or (b) above would justify a market value of £12,000.

On the 17th of February, 1992 Mr. Noel Corduff of Adrian P. Bourke & Co. Solicitors submitted a precis of evidence stating that the value placed on the site is excessive relying on the Notice of Appeal.

Oral Hearing
The oral hearing took place on the 18th February, 1992 in the Council Chamber, Ballina Urban District Council, Ballina. The Appellant was present and was represented by Mr. Noel Corduff of Adrian P. Bourke & Co., Solicitors, and the Respondent was represented by Mr. Dermot Hewson of McHale Solicitors.

Mr. Philip McComiskey Auctioneer and Valuer gave evidence that the site was worth £12,000 on a market value basis citing the fact that the property was within the newly Designated Urban Renewal Area, a short distance from the famous Moy Ridge Pool and not too far from the town centre. He stated that the commercial premises 'Andy's' next door had been bid up to a figure close to £80,000 and indicated that a derelict property on the Main Street, the far side of the Moy Bridge was recently sold for £16,500. He argued that as the £6,300 bid for the property subject title was as a result of negotiating before Urban Designation it is likely that the price would increase significantly as a result. He suggested various forms of residential and commercial development for the property.

Mr. Corduff relied on the price of £6,200 bid and accepted for the property and invited inspection at the site with the parties.

The Tribunal finds that the site is located in a secondary location having regard to commercial activity with no great buoyancy. The planning prospects for the site were not so fully set out so as to leave the Tribunal optimistic about intensive apartment type accommodation. The building is derelict and by reason of its age probably is subject to an easement of support from the next door building, with all attendant cost factors for a person demolishing for the purpose of rebuilding.

Having regard to the foregoing factors and all the circumstances of the case the Tribunal find the market value of the subject premises for the purposes of the Act to be £8,000.