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 The Brook, 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 £4,000 on the above described property.

The Grounds of Appeal as set out in the Notice of Appeal are that the property has no commercial value other than maybe the building of a shed. It is used as a dump by people in the area and a considerable amount of money would need to be expended in clearing the site. It was proposed by the Appellant that the value of the site is approximately £500.

Written Submissions
A written submission was received from Mr. Philip McComiskey M.I.P.A.V. on behalf of the Respondent dated 13th February, 1992. In this Mr. McComiskey said that the site is situated within 330 metres walking distance from the town centre, the area is zoned as commercial and in the Designated Area under the Urban Renewal Act of 1986. Mr. McComiskey said that in his opinion the property was suitable for redevelopment and attached a sketch showing a redevelopment as two town apartments which he said would justify the current market value of £4,000.

On the 17th February, 1992 Mr. Noel Corduff of Adrian P. Bourke & Co. Solicitors submitted a precis of evidence stating that the value placed on the site by the local authority was excessive and referred to the grounds of appeal outlined above.

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

During the hearing of the appeal there was contradicting evidence concerning the desirability of the site for development and the Tribunal decided to carry out an inspection of the site. The Tribunal found that the site was not in a very desirable location being more in the nature of a back lane and well removed from the centre of activity in Ballina. Access was limited and certainly there would be serious planning implications for any proposed development on the site. The surrounding area is not very conducive to a residential development and the Tribunal feels that the type of development that could take place on the site would be limited.

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 £800.