VA07.2.005 – The Minister for Communications, Marine and Natural Resources

Appeal NumberVA07.2.005
Date25 October 2007
CourtValuation Tribunal
AppellantThe Minister for Communications, Marine and Natural Resources
RespondentCommissioner of Valuation
Appeal No. VA07/2/005
AN BINSE LUACHÁLA
VALUATION TRIBUNAL
AN tACHT LUACHÁLA, 2001
VALUATION ACT, 2001
The Minister for Communications, Marine and Natural Resources APPELLANT
and
Commissioner of Valuation RESPONDENT
RE: Telecom Network at Lot No: (Athlone NDP Broadband), Sundry Townlands, Sundry
DEDs, Utilities, Athlone County Westmeath
B E F O R E
John O'Donnell - Senior Counsel Chairperson
Joseph Murray - B.L. Member
Brian Larkin - Barrister Member
JUDGMENT OF THE VALUATION TRIBUNAL
ISSUED ON THE 25TH DAY OF OCTOBER, 2007
By Notice of Appeal dated the 30th day of April, 2007 the appellant appealed against the
determination of the Commissioner of Valuation in fixing a rateable valuation of €30.00 on
the above-described relevant property.
2
1. The grounds of Appeal are set out in the Notice of Appeal, and in a letter attached thereto,
a copy of which is at the Appendix to this Judgment. The appeal proceeded by way of an
oral hearing held in the offices of the Tribunal, Ormond House, Ormond Quay Upper,
Dublin, 7 on the 10th day of September, 2007. At the hearing the Appellant was
represented by Mr. Donal O’Donnell, SC, and Mr. Paul Coughlan, BL, instructed by Ms.
Eve Mulconry and Mr. Peter Curran, Arthur Cox Solicitors. Also present were: Mr. Des
Killen, FSCS, FRICS, IRRV, GVA Donal O Buachalla; Ms. Mary Farrell, Department of
Communications, Marine and Natural Resources; Mr. Braonan Gardiner and Ms. Mary
McCabe from E-Net; and Mr. David Parkinson and Ms. Sinead Cashin from Magnum
Opus. Mr. James Connolly, SC, and Mr. Brendan Conway, BL, instructed by the Chief
State Solicitor, appeared on behalf of the Respondent. Mr. Mark Adamson, a Chartered
Surveyor and Team Leader in the Valuation Office, was also present.
INTRODUCTION
2. The subject property is a metropolitan area network (“MAN”) comprising the broadband
network in the administrative area of Athlone Town Council. It is agreed, however, that
this property will operate as a test property for the purposes of other similar properties
throughout the State.
3. Under the National Development Plan 2000-2006 the Government initiated the Regional
Broadband Programme, Phase 1 of which involved the construction of metropolitan area
fibre optic networks for broadband communication in 27 towns and cities throughout the
country. The subject property consists of 6.5km of a 20km MAN of ducts, cables and co-
location facilities serving Athlone town and environs as part of the Midlands Broadband
Scheme of the National Development Plan. Construction started in 2003 and was
completed in 2004.
4. The property consists of a ring network which in turn consists of ducts (through which
sub-ducts pass) and fibre optic cables (which pass through sub-ducts). In addition there
are co-location facilities, i.e. secure facilities to house telecommunications and IT
infrastructure. Of significance is the fact that the space at these areas is sublet to various
service providers who store their equipment in these spaces.

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