Crossvale Management v Commissioner of Valuation

• Court: Valuation Tribunal
• Appeal Number: VA19.5.1061
• Year: 2022
• Date: Invalid date
• Respondent: Commissioner of Valuation
• Appellant: Crossvale Management

Appeal No: VA19/5/1061

AN BINSE LUACHÁLA

VALUATION TRIBUNAL

NA hACHTANNA LUACHÁLA, 2001 - 2020

VALUATION ACTS, 2001 - 2020

Crossvale Management APPELLANT

and

Commissioner of Valuation RESPONDENT

In relation to the valuation of

Property No. 2194610, Warehouse/Warerooms at 12B/Unit 3 Coes Road Industrial Estate,

Dundalk, County Louth.

B E F O R E

Barry Smyth – FRICS, FSCSI, MCI Arb Deputy Chairperson

Donal Madigan – MRICS, MSCSI Member

Caroline Murphy - BL Member

JUDGMENT OF THE VALUATION TRIBUNAL

ISSUED ON THE 12 TH DAY OF APRIL 2022

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 €26,200.

1.2 The Grounds of Appeal are fully set out in the Notice of Appeal. Briefly stated they are:

1. “The Valuation is excessive and inequitable.

2. “The Commissioner of Valuation does not appear to have taken account the rental

levels achieved for the individual units in this old industrial complex

3. The areas of the property are not correct.

4. Valuation is excessive with regard to the tone of the list.

5. Opinion of value is €14,000.”

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

in the sum of €14,000.

2.

2. REVALUATION HISTORY

2.1 On the 15th day of March, 2019 a copy of a valuation certificate proposed to be issued under

section 24(1) of the Valuation Act 2001 (“the Act”) in relation to the Property was sent to the

Appellant indicating a valuation of €31,200.

2.2 Being dissatisfied with the valuation proposed, representations were made to the valuation

manager in relation to the valuation. Following consideration of those representations, the

valuation of the Property was reduced to €26,200

2.3 A Final Valuation Certificate issued on the 10th day of September, 2019 stating a valuation

of €26,200.

2.4 The date by reference to which the value of the property, the subject of this appeal, was

determined is the 15th day of September, 2017.

3. THE HEARING

3.1 The Appeal proceeded by way of an oral hearing held remotely, on the 13th day of

December, 2021. At the hearing the Appellant was represented by Mr. Martin O’Donnell

FRICS, FSCSI of CBRE and the Respondent was represented by Ms. Louise Hogan of the

Valuation Office.

3.2 In accordance with the Rules of the Tribunal, the parties had exchanged their respective

reports and précis of evidence prior to the commencement of the hearing and submitted them

to the Tribunal. At the oral hearing, each witness, having affirmed, adopted his/her précis as

their evidence-in-chief in addition to giving oral evidence.

3.3 Mr. O’Donnell and Ms Hogan had provided in their respective Precis of Evidence,

Declarations in the standard form and a Statement of Truth in accordance with Rule 41 of the

Valuation Tribunal (Appeals) Rules 2019, which became operational from 16th September

2019.