VA19.5.0392 Martin Gaffney

• Appeal Number: VA19.5.0392
• Court: Valuation Tribunal
• Appellant: Martin Gaffney
• Respondent: Commissioner of Valuation

Appeal No: VA19/5/0392

AN BINSE LUACHÁLA

VALUATION TRIBUNAL

NA hACHTANNA LUACHÁLA, 2001 - 2015

VALUATION ACTS, 2001 - 2015

Martin Gaffney APPELLANT

and

Commissioner of Valuation RESPONDENT

In relation to the valuation of

Property No. 1558462, Hospitality at 2 (Abbey Bar) Railway Road, Cavan, County Cavan

B E F O R E

Donal Madigan - MRICS, MSCSI Deputy Chairperson

Sarah Reid - BL Member

Allen Morgan - FSCSI, FRICS Member

JUDGMENT OF THE VALUATION TRIBUNAL

ISSUED ON THE 15TH DAY OF AUGUST,

1. THE APPEAL

1.1 By Notice of Appeal received on the 14th day of October, 2019 the Appellant appealed

against the determination of the Respondent pursuant to which the net annual value ‘(the

NAV’) of the above relevant Property was fixed in the sum of €23,200.

1.2 The grounds of appeal as set out in the Notice of Appeal is that the determination of the

valuation of the Property is not a determination that accords with that required to be achieved

by section 19 (5) of the Act because:

(i) The subject property’s NAV is not in line with its potential rental value, as illustrated

by the tone of the list for comparable property.

(ii)The subject property is significantly smaller than the average pub in the vicinity.

(iii) The Commissioner’s treatment of the FMT is incorrect. The Commissioner is using

the wrong FMT for drink on – using a maximum rather than an average. The % applied

on the keg sales is also incorrect and has not taken proper account of the decline in

trade in 2018.

1.3 The Appellant considers that the valuation of the Property ought to have been determined

in the sum of €17,850.