Appeal No. VA93/3/019
AN BINSE LUACHÁLA
VALUATION TRIBUNAL
AN tACHT LUACHÁLA, 1988
VALUATION ACT, 1988
Balcas (Kildare) Limited APPELLANT
and
Commissioner of Valuation RESPONDENT
RE: Factory and Land at Map Ref: 1Aa, Townland of Arthurstown,
E.D. Kill, R.D. Naas, Co. Kildare
Quantum
B E F O R E
Henry Abbott S.C. Chairma
Brian O'Farrell Valuer
Paddy Farry Solicitor
JUDGMENT OF THE VALUATION TRIBUNAL
ISSUED ON THE 26TH DAY OF JANUARY, 1994
By Notice of Appeal dated the 5th day of August, 1993 the appellant appealed
against the determination of the Commissioner of Valuation in fixing a
Rateable Valuation of £450.00 (buildings) on the above described
hereditament.
The grounds of appeal as set out in the Notice of Appeal are that:-
"(1) the valuation is excessive and inequitable.
(2) the valuation is bad in law."
The Property
The property comprises an industrial joinery factory on a site of about
23 acres with a road frontage of about 250 meters.
The factory specialises in the production of "MDF" timber products
within a range of mainly single-storey buildings which can be categorised
into three divisions as follows:-
(1) Two-storey former dwelling house now as offices. Located adjoining
the public roadway this building comprises a 2 storey concrete and slate
structure originally built as a private dwelling but more recently in
use as office accommodation. Floor area extends to about 1,200 square
feet and it is in reasonable condition although somewhat restricted in
layout on account of nature of construction.
(2) A range of single-storey mainly corrugated iron clad buildings comprising
workshop/joinery building, open-sided timber storage areas, plant and
dust collection houses, a purpose built kiln together with extensive concrete
covered yards. These can be divided into a joinery workshop with lean-to,
two open-sided timber
storage buildings, a purpose built kiln and service buildings such as
boiler house, dust collection area etc. These are old type structures
constructed of mainly
corrugated iron clad walls and roofs supported on structured steel and/or
timber frames. The timber storage areas are open sided and with rough
store finish floors.
The kiln is purpose built of aluminium clad walls and roofs and concrete
floors. The building is compartmentalised into individual drying/treatment
bays each with
full height sliding access doors. Warm dried air is induced at above floor
level and extracted by means of extractor fans mounted at roof level.
In its present state this building could have no alternative use value.
The boiler house, switch room and dust collector areas adjoin this and
are constructed of corrugated iron and steel.
The boiler house accommodates a main and standby boiler with ancillary
works. Floor area for the joinery workshop amounts to about 9,000 square
feet; the
combined timber storage sheds to about 28,250 square feet; the kiln to
about 3,060 square feet and plant buildings to about 2,100 square feet.
The yard areas
would amount to close on 30,000 square feet.
(3) A new single-storey modern factory building with in-built office/canteen
facilities. A modern rectangular-shaped single storey structure extending
to about
22,000 square feet with a small in-built two storey office/toilets/canteen/cloaks
area. This building is now the principal production unit on the site used
for the manufacture of "MDF" products a synthetic timber laminate.
The building has uninterrupted floor area and eaves height of c. 5.5 metres.
Construction is of portal steel frames housing 10' high concrete block
infill rising walls with insulated metal deck cladding overhead under
pitched insulated metal deck roof supported on steel frames. The floor
is smooth finished concrete. The internal office/canteen building is constructed
of concrete block and timber.
Tenure
The property is held in freehold.
Services
Mains, water and three phase electricity are connected.
Valuation History
The property was listed by Kildare County Council for 1992/3 Revision
with a request to value "extension to factory". It was described
as offices, stores and land, occupied by Structural Softwoods Limited
with a valuation of £270.00 on buildings. This valuation had stood
since 1984 when it was reduced at First Appeal from £335.00. Prior
to that it was valued as a Land Commission house, offs and land at £5.50.
At 1992/3 Revision the valuation was increased to £490.00, to take
account of the new factory. This was subsequently appealed and the R.V
was reduced to £450.00 by the Commissioner of Valuation, and it
is against this figure that the subject appeal has come before the Tribunal.
Written Submissions
The appellant delivered a précis of evidence which was received
on the 13th of December, 1993 and the respondent's précis of evidence
was received on the 10th of December, 1993.
Oral Hearing
The oral hearing took place in Dublin on the 17th of December, 1993. Mr.
Alan Mc Millan, an Associate Member of the Society of Chartered Surveyors
and a Director of Messrs. Donal O'Buachalla & Company Limited appeared
for the appellant and Mr. Denis Maher a Valuer with 18 years experience
in the Valuation Office appeared for the respondent.
From the outset it appeared that the older buildings were somewhat unusual
but were functional nevertheless. The new factory attracted a considerable
debate and Mr. Mc Millan urged that same ought to be compared with the
Atlantic Tank Factory which had a rent per square foot of £1.75.
Mr. Maher argued that not all the Atlantic Tank Factory appearing in the
photographs offered had in fact been valued. Mr. Mc Millan also urged
the Tribunal to disregard Mr. Maher's comparison No. 3 as it was on the
Naas Road at the Red House and while similar to the new factory in the
subject premises was in a much better location and only one-third of the
size. The Tribunal indicated that it would not take the Slane Seed comparison
into account to any significant extent as that was valued on the basis
of a significant change in the local trading environment. Mr. Mc Millan
argued that the kiln in the subject was valued on the basis of the Galway
comparison and that the nature of the business carried on in the subject
was not such that the kiln could be used to maximum effect.
Findings
The Tribunal finds that the subject is a serviceable complex which should
attract a significant level of valuation. However, the Tribunal is anxious
to ensure that the valuation would be comparable to other premises in
the locality. Having regard to the valuations of such premises and the
comparability thereof and having regard to all the circumstances of the
case the Tribunal determines the valuation of the premises to be £370.00
which with the rateable valuation of land of £18.35 makes the total
valuation of £388.35.
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