Appeal No. VA96/4/002
AN BINSE LUACHÁLA E.S.B., Bandon APPELLANT RE: Showroom, Stores and Yard at Map Ref: 2Cb, B E F O R E JUDGMENT OF THE VALUATION TRIBUNAL By Notice of Appeal dated the 7th day of August 1996 the Appellant appealed against the determination of the Commissioner of Valuation in fixing a rateable valuation of £125 on the above described hereditament. The grounds of appeal as set out in the Notice of Appeal are that:- 1. The subject of this appeal comprises a showroom, offices and stores occupying a site of 1.3 acres with some 300 ft frontage to the main Bandon to Cork road and located on the immediate outskirts of Bandon. 2. The property was first valued in 1982 at a rateable valuation of £90. As a result of alterations and improvements the hereditament was listed for revision in 1995 and the valuation increased to £125. No change was made at first appeal and it is against this decision that the appeal to this Tribunal lies. 3. The appeal proceeded by way of an oral hearing held on the 12th March, 1997 in the District Court House, Angelsea Street, Cork at which the respondent was represented by Mr. Desmond Killen FRICS FSCS IRRV a Director of Donal O'Buachalla & Company Limited. The respondent was represented by Mr. Frank O'Connor, ARICS, a District Valuer in the Valuation Office. 4. Prior to the oral hearing the valuers submitted and exchanged between them written precis of evidence and valuations which they each adopted as being their evidence in chief under oath at the said hearing. 5. The area of each constituent part of the hereditament was agreed prior to the hearing and set out below are the valuations submitted by the appellant and respondent respectively. Mr. Killen's Valuation Mr. O'Connor's Valuation 6. Mr. Killen in arriving at his opinion of NAV relied upon that of the
ESB premises at Carrigaline the subject matter of a previous Tribunal
decision VA92/3/008. Mr. 7. At the commencement of the oral hearing Mr. Killen stated that during
the 8. Under cross-examination Mr. O'Connor agreed that in none of his four comparisons had he attributed a separate value to the paved yard areas attached to these premises. Nevertheless Mr. O'Connor in support of his valuation of the appealed property contended that it was proper to attribute a value to the paved yard areas having regard to their extent and the fact that the property has an extensive frontage to the main Bandon/Cork road. The comparative properties on the other hand occupy inferior locations and the paved yard areas in all instances were much smaller than the subject. Mr. O'Connor also pointed out that in valuing the yard area at the front he had made a 50% allowance in order to reflect the parking and circulation space. Determination 1. Having regard to the location and nature of the subject property, Mr. O'Connor is correct in attributing a value to the paved areas at the front and rear of the buildings. 2. Taking into account the extent of the yard area at the front and rear,
the Tribunal is of the opinion that there should be a lesser differential
in the price attributed to the tarmac area and the hardcore area - £0.20
p.s.f. and £0.10 p.s.f. as applied by Mr. O'Connor. Having carefully considered all the evidence and arguments adduced and
taking into account the location of the property and the extensive paved
area, the Tribunal Valuation |