Appeal No. DS93/0/012

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

Margaret Ryan APPELLANT
and
Clare County Council RESPONDENT

RE: Derelict Two-storey building opposite St. Flannans Cathedral, Killaloe, 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 Notice of Appeal dated the 5th day of January, 1993 Mr. Eamonn O'Brien, Solicitor, appealed on behalf of Ms. Margaret Ryan against the determination of Clare County Council in fixing a market value under Section 22 of the Derelict Sites Act, 1990 of £10,000 on the above described site.

The site had been entered in the Derelict Sites Register of the Respondent on the 18th December, 1992.

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 the written precis, Clare County Council stated that the building as seen in its present condition (without confirmation of rear space) would be worth in the region of £6,000.

Oral Hearing:
The oral hearing took place in Ennis on the 25th August, 1993. Mr. Eamonn O'Brien, Solicitor, appeared for the appellant and Mr. Harry Brann, Valuer gave evidence also. Mr. John Carrig of Philip O'Reilly & Company with Ms. Dolores Flanagan, Staff Officer of Clare County Council, appeared for the respondent.

The parties noted from the outset that whereas the respondent placed a valuation of £10,000 on the premises on the 2nd February, 1993, they subsequently placed a value of £6,000 on same by letter of the 13th August, 1993. The appellants themselves urged a higher valuation of £20,000. Apparently, spurred on by the prospect of either a sale to a private investor or, (as emerged during the hearing), to the County Council, which had an interest in the location for road widening. The premises has been neglected and is of mass concrete construction dating from the 1930's. It would have limited use in its existing state for some type of curio or antique shop requiring minimal standards of repair and refurbishment inside. If any better commercial or retail activity were contemplated, then probably a demolition course would have to be taken and the future of the property in the commercial sector would probably lie in being integrated with the property next door, apparently purchased by a Mr. Tony Ryan.

The purchase price for the property next door which is in a similar looking state, but with a larger garden is stated to have been £20,000. On the other side of the property, across a laneway, is a trading bank and opposite the property is the famous St. Flannans Cathedral.
While the parties on both sides had an interest under the Derelict Sites Act, 1990 to fight their case; the appellant to secure a lower price and the respondent to secure a higher price, the hearing did not proceed on this basis and the debate became quite heated as a result of a role switch from that expected from the interests dictated by the Act, apparently by reason of the pending sale of the property and the conflicting interests of the parties which emerged from that.

Regardless of the interest of the parties in availing of the Tribunal to canvass interests which lie outside the scope of the Act, the Tribunal must determine the valuation of the property in accordance with the terms of the Act.

Accordingly, the Tribunal is influenced by the fact that a transaction for £20,000 has occurred recently in respect of the next door premises which, in all fairness, is probably superior to the subject. The Tribunal heard evidence from Mr. Brann that the negotiation was complete subject to title for a purchase of the subject for £20,000, but that delay rising from title difficulty prevented this from being effected in a final contract.

Having regard to the foregoing and the generally sound location of the premises and the buoyant tourist trade arising from the boats in Killaloe and the general desirability of Killaloe as a centre for purchasing property, the Tribunal finds that the appropriate valuation under the Derelict Sites Act, 1990, for the premises is £15,000.

Category : Derelict Site Agent ;Eamonn O'Brien, Solicitor