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

Charles Duffy APPELLANT
and
Dublin Corporation RESPONDENT

RE: Derelict Site at the rear of 177-183, Emmet Road,
Inchicore, (Camac Close), County Borough of Dublin
Market Value

B E F O R E
Mary Devins Solicitor (Acting Chairman)
Fred Devlin FRICS.ACI Arb.
Rita Tynan Solicitor

JUDGMENT OF THE VALUATION TRIBUNAL
ISSUED ON THE 20th DAY OF JANUARY, 1997

This is an appeal under Section 22(4) of the Derelict Sites Act 1990 lodged by Mr. Charles Duffy on 2nd day of July 1996 against the valuation of £30,000 placed on a derelict site within the meaning of the Act by Dublin Corporation.

The subject site is located at the rear of 177-183 Emmett Road (Camac Close), Inchicore, Dublin 8. Notification that the site had been entered in the Derelict Sites Register of the respondent was received by the appellant on the 18th day of June 1996.

The appeal proceeded by way of an oral hearing held in Dublin on the 6th day of November 1996. At the hearing the appellant was represented by Ms. Suzanne McNulty of Patrick F. O'Reilly, Solicitors and Mr. David Williams, ASCS ARICS, a Chartered Surveyor. Dublin Corporation was represented by Mr. Terence O'Keeffe of their Law Agents Department and Mr. David G. Garvey, ASCS ARICS, a Valuer in Dublin Corporation.

Having taken the oath both valuers adopted as their evidence in chief their respective written submissions and valuations which had previously been exchanged and received by this Tribunal.

In additional oral evidence Mr. Williams made the following observations.

(1) The site is located in an unattractive area and does not have the benefit of public services.
(2) The appellant purchased the site above five years ago but he had no information on the price paid.
(3) Over the past two years or so whilst a number of prospective purchasershad expressed interest in the site no acceptable offer was received.
(4) The only comparison he could find in the general area was the sale of a 30 year old industrial building on Jamestown Road, comprising some 20,000 sq.ft. together with an adjoining site of 0.7 acres. This property he said was sold in 1995 for £250,000 and in his opinion a figure of £50,000 could be attributable to the site.
(5) Having regard to this transaction he valued the subject site at £10,000.

Mr. Garvey in oral evidence said that there was a demand for sites of a similar size and type to the subject particularly from individuals engaged in the motor trade. Such sites he said were difficult to find close to the city centre and the prices they fetched was borne out by the comparison contained in his written submission. This comparison referred to a site at the rear of 23, Beechwood Park, Artane, which had an area of 2,153 sq.ft. and was sold for £25,000 in October 1995.

Determination:
In accordance with Section 22(5) of the Derelict Sites Act 1990 the Tribunal is to determine the value of this site at the estimated price which the unencumbered fee simple interest would fetch if sold on the open market on the valuation date in such manner and in such conditions that might reasonably be calculated to obtain for the vendor the best market price for the property.

Having carefully considered all the evidence and arguments adduced at this appeal the Tribunal makes the following findings:-

(1) The site area is 4,966 sq.ft. as stated in Mr. Garvey's submission.
(2) The site is included in an area zoned "E" "to provide for and improve light industrial and related uses" in the Dublin City Development Plan 1991.
(3) All public services are available closeby.
(4) The Tribunal preferred the evidence adduced by Mr. Garvey which is supported by an open market transaction. The evidence tendered by the appellant is of insufficient merit or weight to challenge the valuation placed on the property by Dublin Corporation.

Accordingly, therefore the Tribunal finds the value of the site in accordance with Section 22 (5) of the Derelict Sites Act 1990 to be £30,000.