VA01.3.040 – Marconi Communications Optical Networks Ltd

• Appeal Number: VA01.3.040
• Court: Valuation Tribunal
• Respondent: Commissioner of Valuation
• Appellant: Marconi Communications Optical Networks Ltd

2

The subject of this appeal is an office block described in section 2 of the respondent’s

submission as Block 1 at West Pier Business Park, Dun Laoghaire, newly constructed

office development in three blocks on Dun Laoghaire Road enjoying views of West Pier

in Dun Laoghaire Harbour from the upper levels.

The floor areas are agreed as, 2795.79 m2 on five levels comprising 222.13 m2 on ground

floor, 663.95 m2 on each of the first, second and third floors, with 581.81 m2 at fourth

floor or penthouse level.

The details of the rent, while they are stated to be €828,130.79 (£652,206) per annum

have been amended by agreement as a result of Mr. Brooks’ intervention to €891,617.69

(£702,206) nothing turns on that amendment in relation to this appeal.

Valuation History

The valuation history is relevant to the extent that the property has been valued for the

first time at the 2000/04 Revision, which issued on 8 November 2000. An RV €2324.89

(£1831) was determined by the Commissioner of Valuation. An appeal was lodged

against this RV and the RV was reduced to €2204.27 (£1736). It is against this decision

of the Commissioner of Valuation that an appeal lies to the Tribunal.

The Grounds of Appeal

The grounds of appeal as set out in section 4 of the respondent’s précis are set out as

follows:

By letter of the 4th December 2000 Mr. Brooks lodged first appeal against revised

valuation “on the grounds that same is excessive and inequitable and is incapable of

beneficial occupation at the moment and will not be occupied until the beginning of

February at the earliest”. By notice of the 17th October 2001 Mr. Brooks lodged an

appeal to the Valuation Tribunal on the grounds that “Valuation excessive unable to

occupy building due to ingress of water on all floors, defective glazing of roof, staff had

to be moved. Power isolated at glazed areas (Health and Safety). Insurance no cover.”

The oral hearing proceeded on the 6th of February 2002. The appellant was represented

by Mr. Owen Hickey B.L. instructed by Mason Hayes and Curran Solicitors, and the