Appeal No. DS92/0/011-013

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

Pierse Motors (Tipperary) Limited APPELLANT
and
Tipperary Urban District Council RESPONDENT

RE: 5.3.2/13.17, Davitt Street, Appeal No: DSA/92/11 5.3.2/13.22, Davitt Street,
Appeal No: DSA/92/12 5.3.2/13.26, Gas House Lane, Appeal No: DSA/92/13 Co. Tipperary
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 28TH DAY OF MAY, 1992

By notices of appeal dated the 17th day of December, 1991, the appellants appealed against the market value determinations of the Respondent. The properties to which these appeals relate are situated in Davitt Street and Gas House Lane, Tipperary, Co. Tipperary. The Respondents fixed a valuation on the property first listed above at £30,000 by notice under Section 22(3) of the Derelict Sites Act, 1990 dated the 17th December, 1991 and by similar notices fixed the valuation of £25,000 on the second property and the value of £16,000 on the third property.

No detailed submission was submitted by the U.D.C. to the Tribunal prior to the hearing. The Appellants by letter dated the 13th May, 1992 stated that the first, second and third properties had been bid up to £10,000, £5,000 and £4,000 respectively when offered for sale. The letter concluded that the properties could be sold by the Appellants if an additional £1,000 were offered in respect of each of the highest bids offered.

Oral Hearing
The oral hearing took place herein on the 27th May, 1992 and Mr. Conn Murray, Town Clerk of Tipperary U.D.C. appeared for the Respondent and Mr. Gerry Pierse, Director of the Pierse Motors (Tipperary) Limited appeared for the Appellant.

Mr. Murray suggested that the sites be valued on the basis of the cost of a carparking site with approximately four house sites thereon which was purchased by the U.D.C. some time ago for £42,000. Both parties agreed that the subject sites had been bought by the Appellants with a view to expanding and consisted of derelict houses which although not adjacent on the street, were bought with a view to site assembly to establish a complete, unified site for the purpose of the Appellants' business. The Appellants had decided not to proceed with this project and now had the sites for sale. Although it appeared that the sites were all situated on or near the national primary route leading to Limerick and offered reasonably good prospects for development, both parties indicated that there did not seem to be much movement in relation to the sale of these sites. Mr. Pierse opined that the site purchased by the U.D.C. for £42,000, although quite close to the subject sites, was more central to the town and therefore would have been of higher value. He also indicated that the Gas House Lane site now had a £7,000 bid on it.

Determination:
The Tribunal are of the opinion that the prices bid for the properties may represent a price close to the market value. The Tribunal does not see much inconsistency between the price given by the U.D.C. for the carparks site and the suggested values of Mr. Pierse for the Appellant.

Having regard to the foregoing and all the evidence offered by the parties hereto, the Tribunal considers appropriate valuations for the market values under the Derelict Sites Act, 1990 in respect of the properties to be as follows:
5.3.2/13.17 Davitt Street, Appeal No. DSA/92/11 - £12,000
5.3.2/13.22 Davitt Street, Appeal No. DSA/92/12 - £ 7,000
5.3.2/13/36 Gas House Lane, Appeal No. DSA/92/13 - £ 9,000.