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.