VA11.4.022 – CRG (Portlaoise) Ltd.

• Appeal Number: VA11.4.022
• Year: 2013
• Date: 01 July 2013
• Court: Valuation Tribunal
• Appellant: CRG (Portlaoise) Ltd.
• Respondent: Commissioner of Valuation

Appeal No. VA11/4/022

AN BINSE LUACHÁLA

VALUATION TRIBUNAL

AN tACHT LUACHÁLA, 2001

VALUATION ACT, 2001

CRG (Portlaoise) Ltd. APPELLANT

and

Commissioner of Valuation RESPONDENT

RE: Property number 2207750, Toll(s) at Lot No. M7 Toll Road, Clonadacasey, Clonkeen,

Abbeyleix, County Laois.

B E F O R E

Sasha Gayer - Senior Counsel

Chairperson

Fred Devlin - FSCSI, FRICS

Deputy Chairperson

John F Kerr - BBS, FSCSI, FRICS, ACI Arb

Deputy Chairperson

JUDGMENT OF THE VALUATION TRIBUNAL

ISSUED ON THE 1ST DAY OF JULY, 2013

By Notice of Appeal received on the 22nd day of December, 2011, the appellant appealed

against the determination of the Commissioner of Valuation in fixing a rateable valuation of

€10,300 on the above described relevant property.

The grounds of appeal are set out in the Notice of Appeal, a copy of which is attached at

Appendix 1 to this judgement.

2

1. With the consent of the parties involved, the oral hearing in relation to this appeal was

held concurrently with that in relation to Celtic Roads Group (Waterford) Limited

(VA11/4/020 and VA11/4/021) on the 11th and 25th March, 2013. At the hearing the

appellant was represented by Mr. Brian Murray SC and Mr. Paul Coughlan BL, instructed

by Arthur Cox Solicitors. Mr. James Connolly SC and Mr. David Dodd BL instructed by

the Chief State Solicitors Office appeared on behalf of the respondent, the Commissioner

of Valuation.

2. Witnesses

I. Mr. Lorcan Wood, MBA, BSc (Engineering), Diploma in Certified Accountancy,

Construction Law and Contract Administration is the General Manager of Celtic

Roads Group (Portlaoise) Limited. In his evidence Mr. Wood outlined the genesis of

the PPP contract entered into on the 14th June 2007 between the National Roads

Authority and Celtic Roads Group (Portlaoise) Limited and the main obligations in

relation to the comprehensive maintenance and hand over requirements imposed on

the company by the said contract.

II. Ms. Louise Irvine, ACIMA, with a degree in Business Studies Accounting is the

Finance Manager of Celtic Roads Group (Portlaoise) Limited. In her evidence Ms.

Irvine said she prepared the financial spreadsheet showing the actual and projected

income and operating costs for the five year period 2011 – 2016 to include life cycle

costs.

III. Ms. Siobhan Murphy, BSc, MSCS, MRICS gave expert valuation evidence on behalf

of the appellant.

IV. Mr. Mark Adamson, MRICS, MSCSI gave expert valuation evidence on behalf of the

respondent, the Commissioner of Valuation.

3. Prior to the commencement of the oral hearing and in accordance with the rules of the

Tribunal, each party forwarded to the Tribunal and exchanged a précis of evidence it was

proposed to adduce at the oral hearing together with outline submissions to be made and

which were elaborated upon and expanded during the course of the hearing. As part of the

evidence a number of documents were submitted as set out in Appendix 2 attached to this

judgment. From the evidence so tendered and additional evidence received during the oral

hearing the following facts relevant and material to the appeal were agreed or are so

found: