VA10.5.099 – Humar Ltd.
Appeal Number | VA10.5.099 |
Year | 2011 |
Date | 01 March 2011 |
Court | Valuation Tribunal |
Appellant | Humar Ltd. |
Respondent | Commissioner of Valuation |
Appeal No. VA10/5/099
AN BINSE LUACHÁLA
VALUATION TRIBUNAL
AN tACHT LUACHÁLA, 2001
VALUATION ACT, 2001
Humar Ltd. APPELLANT
and
Commissioner of Valuation RESPONDENT
RE: Property No. 305655, Nursing Home at Marymount Care Centre, Westmanstown,
Lucan, County Dublin.
B E F O R E
Fred Devlin - FSCS.FRICS Deputy Chairperson
Frank Walsh - Valuer Member
Michael Connellan Jr - Solicitor Member
JUDGMENT OF THE VALUATION TRIBUNAL
ISSUED ON THE 1ST DAY OF MARCH, 2011
By Notice of Appeal dated the 31st day of August, 2010 the appellant appealed against the
determination of the Commissioner of Valuation in fixing a valuation of €613,000 on the
above described relevant property.
The grounds of appeal as set out in the Notice of Appeal are:
"The valuation as applied by the Valuation Office is excessive and the business could not
sustain such a figure."
2
This appeal proceeded by way of an oral hearing held in the offices of the Valuation
Tribunal, Ormond House, Ormond Quay Upper, Dublin 7 on the 27th day of January, 2011.
At the hearing the appellant company was represented by Mr. John Kenneally, of Kenneally
McAuliffe & Company, who also gave expert valuation evidence in relation to the property
concerned. Ms. Claire Carroll FCPA, AITI of Carroll & Associates, Accountants, gave
evidence in relation to the directors’ report and financial statements for the year ending 31st
January, 2006 and for the 14-month period ending, 31st March, 2007. Mr. Christopher Hicks,
a Valuer in the Valuation Office, appeared on behalf of the respondent, the Commissioner of
Valuation and also gave evidence in relation to the valuation of the property concerned and
other nursing homes in the Fingal County Council Rating Authority Area, as part of the 2010
revaluation programme.
1. Prior to the commencement of the oral hearing, Mr. Kenneally and Mr. Hicks forwarded
précis of the evidence and valuations they proposed to adduce at the hearing. A copy of
each précis was made available to the other party. From the evidence so tendered the
following material facts were either agreed or are as so found by the Tribunal.
The Property Concerned
2. The property concerned is known as Marymount Care Centre and is located on a minor
county road in a pleasant rural area close to Luttrellstown Castle golf club and convenient
to Lucan and Palmerstown. The property, which is a mainly-single storey structure, was
first opened for business in 1987 and, in or about 2008/2009 the original structure was
substantially demolished and replaced by the present building, which now provides
accommodation for 91 residents in single bed units, together with all necessary ancillary
accommodation and facilities. The property concerned enjoys the benefit of HIQA
registration for 91 residents.
Financial Information and Evidence
3. Directors’ Report and Financial Statements prepared by Carroll & Associates were
provided to the Tribunal for the year ending 31st January, 2006 and for the 14-month
period ending, 31st March, 2007. These accounts were prepared at a time when the
property concerned accommodated 48 residents only.
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