Appeal No. DS93/0/006 & 7

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

John O'Sullivan APPELLANT
and
Clare County Council RESPONDENT

RE: Derelict Sites at 225 and 225a, Merton Square, Kilkee, Co. Clare
Market Value

B E F O R E
Henry Abbott S.C. Chairman
Veronica Gates Barrister
Joe Carey P.C. M.I.A.V.I.

JUDGMENT OF THE VALUATION TRIBUNAL
ISSUED ON THE 25TH DAY OF AUGUST, 1993

By letter dated 13th January, 1993 Ignatius M. Houlihan & Sons, Solicitors, appealed on behalf of their client, Mr. John O'Sullivan, against the determination of Clare County Council in fixing a market value under Section 22 of the Derelict Sites Act, 1990 of £6,000 on Site 225 and £80,000 on Site 225(a).

Written Submissions:
A written submission was received by the Tribunal on 16th August, 1993 on behalf of Clare County Council. No precis was submitted by the appellant in advance of the hearing.

In the written precis Clare County Council stated that Site 225 contained a ground floor area of 680 square feet. It was situated between the Hydro Hotel and another block of holiday flats at Merton Square, a popular area of Kilkee.

Based on location and comparison with a site sold 6 months previously in an adjacent road, a valuation of £6,000 had been put on the site.

In relation to Site 225a, Clare County Council stated that taking location and square footage into account, the property was a fine one which some expenditure and modernising would make into a very worthwhile investment. The subject was laid out in appartments and would be quite easily ready for use.

Taking into account the sale price for holiday homes and the "Old Cinema" at the adjacent Merton Square, Clare County Council considered that a valuation of £80,000 was quite reasonable.

Oral Hearing:
The oral hearing took place in Ennis on the 25th August, 1993. Mr. Michael Fitzpatrick, Valuer, and the appellant, Mr. John O'Sullivan, appeared with Mr. Rory Fitzpatrick on the appellants side. Mr. John Carrig of Philip O'Reilly & Company, Auctioneers, appeared with Ms. Dolores Flanagan, Staff Officer of the respondent, Clare County Council.

From the outset it was agreed that Site No: 225 consisting of the site without any standing building was to be valued at £6,000. The parties then differed in the valuation of standing premises comprised in Site No: 225a. The appellants arguing for £44,000 valuation, and the respondents arguing for £80,000 valuation.

The subject is, by agreement of the parties, situated in an excellent location surrounded by excellent property near to the sea front. There is a reasonable tourist trade potential especially for the summer trade and others have invested in this location with apparent success. The building is a modern one which is now almost derelict with dampness coming in from a flat cement roof and by reason of its cavity block structure, is probably obsolete.

Mr. Fitzpatrick argued very strongly that the only option for the building is demolition and while Mr. Carrig argued that there could be restoration with potential to sell appartments to persons looking for holiday homes, the Tribunal is somewhat doubtful that the subject could ever be brought up to an acceptable standard by mere refurbishment.

The Tribunal finds that the value of the site with the most ugly building standing on it is £50,000.